[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3042 Reported in Senate (RS)]
<DOC>
Calendar No. 470
115th CONGRESS
2d Session
S. 3042
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2018
Mr. Roberts (for himself and Ms. Stabenow) introduced the following
bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
June 18, 2018
Reported by Mr. Roberts, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. EXTENSION SERVICE.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 2. EXTENSION AT 1890 LAND-GRANT COLLEGES, INCLUDING
TUSKEGEE UNIVERSITY; REPORT.</DELETED>
<DELETED> Section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221) is amended--
</DELETED>
<DELETED> (1) in subsection (a), by striking paragraph (4);
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(g) Report.--The Secretary shall annually submit to
Congress a report describing the allocations made to, and matching
funds received by, eligible institutions under this
section.''.</DELETED>
<DELETED>SEC. 3. REPORT ON AGRICULTURAL RESEARCH AT 1890 LAND-GRANT
COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(i) Report.--The Secretary shall annually submit to
Congress a report describing the allocations made to, and matching
funds received by, eligible institutions under this
section.''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agriculture
Improvement 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.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
Sec. 1101. Payment acres.
Sec. 1102. Producer election.
Sec. 1103. Price loss coverage.
Sec. 1104. Agriculture risk coverage.
Sec. 1105. Repeal of transition assistance for producers of upland
cotton.
Subtitle B--Marketing Loans
Sec. 1201. Extensions.
Sec. 1202. Repeal; unshorn pelts.
Sec. 1203. Economic adjustment assistance for upland cotton users.
Subtitle C--Sugar
Sec. 1301. Sugar program.
Subtitle D--Dairy
PART I--Dairy Risk Coverage
Sec. 1401. Dairy risk coverage.
PART II--Reauthorizations and Other Dairy-Related Provisions
Sec. 1411. Reauthorizations.
Sec. 1412. Class I skim milk price.
Sec. 1413. Milk donation program.
Subtitle E--Supplemental Agricultural Disaster Assistance
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Noninsured Crop Assistance
Sec. 1601. Noninsured crop assistance program.
Subtitle G--Administration
Sec. 1701. Regulations.
Sec. 1702. Suspension of permanent price support authority.
Sec. 1703. Implementation.
Sec. 1704. Adjusted gross income limitation.
Sec. 1705. Base acres review.
Sec. 1706. Farm Service Agency accountability.
Sec. 1707. Technical corrections.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
Sec. 2101. Extension and enrollment requirements of conservation
reserve program.
Sec. 2102. Farmable wetland program.
Sec. 2103. Duties of the Secretary.
Sec. 2104. Payments.
Sec. 2105. Conservation reserve enhancement program.
Sec. 2106. Contracts.
Sec. 2107. Conservation reserve easements.
Sec. 2108. Eligible land; State law requirements.
Subtitle B--Conservation Stewardship Program
Sec. 2201. Definitions.
Sec. 2202. Establishment.
Sec. 2203. Stewardship contracts.
Sec. 2204. Duties of Secretary.
Subtitle C--Environmental Quality Incentives Program
Sec. 2301. Purposes.
Sec. 2302. Definitions.
Sec. 2303. Establishment and administration.
Sec. 2304. Evaluation of applications.
Sec. 2305. Duties of the Secretary.
Sec. 2306. Environmental quality incentives program plan.
Sec. 2307. Conservation innovation grants and payments.
Sec. 2308. Soil health demonstration pilot project.
Subtitle D--Other Conservation Programs
Sec. 2401. Wetland conservation.
Sec. 2402. Conservation security program.
Sec. 2403. Conservation of private grazing land.
Sec. 2404. Soil health and income protection program.
Sec. 2405. Grassroots source water protection program.
Sec. 2406. Soil testing and remediation assistance.
Sec. 2407. Voluntary public access and habitat incentive program.
Sec. 2408. Agriculture conservation experienced services program.
Sec. 2409. Remote telemetry data system.
Sec. 2410. Agricultural conservation easement program.
Sec. 2411. Regional conservation partnership program.
Sec. 2412. Wetland conversion.
Sec. 2413. Delineation of wetlands.
Sec. 2414. Emergency conservation program.
Sec. 2415. Watershed protection and flood prevention.
Sec. 2416. Small watershed rehabilitation program.
Sec. 2417. Repeal of Conservation Corridor Demonstration Program.
Sec. 2418. Repeal of cranberry acreage reserve program.
Sec. 2419. Repeal of National Natural Resources Foundation.
Sec. 2420. Repeal of flood risk reduction.
Sec. 2421. Repeal of study of land use for expiring contracts and
extension of authority.
Sec. 2422. Repeal of Integrated Farm Management Program Option.
Sec. 2423. Repeal of clarification of definition of agricultural lands.
Sec. 2424. Resource conservation and development program.
Sec. 2425. Wildlife management.
Sec. 2426. Healthy forests reserve program.
Sec. 2427. Watershed protection.
Sec. 2428. Sense of Congress relating to increased watershed-based
collaboration.
Sec. 2429. Modifications to conservation easement programs.
Subtitle E--Funding and Administration
Sec. 2501. Funding.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Definition of acequia.
Sec. 2505. Authorization of appropriations for water bank program.
Sec. 2506. Report on land access, tenure, and transition.
Sec. 2507. Report on small wetlands.
Sec. 2508. State technical committees.
Subtitle F--Technical Corrections
Sec. 2601. Farmable wetland program.
Sec. 2602. Report on program enrollments and assistance.
Sec. 2603. Delivery of technical assistance.
Sec. 2604. State technical committees.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3101. Food aid quality.
Sec. 3102. Generation and use of currencies by private voluntary
organizations and cooperatives.
Sec. 3103. Minimum levels of assistance.
Sec. 3104. Food Aid Consultative Group.
Sec. 3105. Oversight, monitoring, and evaluation.
Sec. 3106. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable
prepackaged foods.
Sec. 3107. Allowance of distribution costs.
Sec. 3108. Prepositioning of agricultural commodities.
Sec. 3109. Annual report regarding food aid programs and activities.
Sec. 3110. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3111. Nonemergency food assistance.
Sec. 3112. Micronutrient fortification programs.
Sec. 3113. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3201. Priority trade promotion, development, and assistance.
Subtitle C--Other Agricultural Trade Laws
Sec. 3301. Food for Progress Act of 1985.
Sec. 3302. Bill Emerson Humanitarian Trust Act.
Sec. 3303. Promotion of agricultural exports to emerging markets.
Sec. 3304. Cochran emerging market fellowship program.
Sec. 3305. Borlaug International Agricultural Science and Technology
Fellowship Program.
Sec. 3306. International food security technical assistance.
Sec. 3307. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3308. Global Crop Diversity Trust.
Sec. 3309. Local and regional food aid procurement projects.
Sec. 3310. Foreign trade missions.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4101. Definition of certification period.
Sec. 4102. Food distribution program on Indian reservations.
Sec. 4103. Work requirements for supplemental nutrition assistance
program.
Sec. 4104. Improvements to electronic benefit transfer system.
Sec. 4105. Retail incentives.
Sec. 4106. Required action on data match information.
Sec. 4107. Income verification.
Sec. 4108. Pilot projects to improve healthy dietary patterns related
to fluid milk in the supplemental nutrition
assistance program.
Sec. 4109. Interstate data matching to prevent multiple issuances.
Sec. 4110. Quality control.
Sec. 4111. Requirement of live-production environments for certain
pilot projects relating to cost sharing for
computerization.
Sec. 4112. Authorization of appropriations.
Sec. 4113. Assistance for community food projects.
Sec. 4114. Nutrition education State plans.
Sec. 4115. Emergency food assistance program.
Sec. 4116. Technical and conforming amendments.
Subtitle B--Commodity Distribution Programs
Sec. 4201. Commodity distribution program.
Sec. 4202. Commodity supplemental food program.
Sec. 4203. Distribution of surplus commodities; special nutrition
projects.
Subtitle C--Miscellaneous
Sec. 4301. Purchase of specialty crops.
Sec. 4302. Seniors farmers' market nutrition program.
Sec. 4303. The Gus Schumacher food insecurity nutrition incentive.
Sec. 4304. Harvesting health pilot projects.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience requirement for
purposes of eligibility for farm ownership
loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Limitations on amount of farm ownership loans.
Subtitle B--Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Cooperative lending pilot projects.
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.
Sec. 5304. Equitable relief.
Sec. 5305. Socially disadvantaged farmers and ranchers; qualified
beginning farmers and ranchers.
Sec. 5306. Emergency loan eligibility.
Subtitle D--Miscellaneous
Sec. 5401. State agricultural mediation programs.
Sec. 5402. Socially disadvantaged farmers and ranchers.
Sec. 5403. Sharing of privileged and confidential information.
Sec. 5404. Removal and prohibition authority; industry-wide
prohibition.
Sec. 5405. Jurisdiction over institution-affiliated parties.
Sec. 5406. Definition of institution-affiliated party.
Sec. 5407. Repeal of obsolete provisions; technical corrections.
Sec. 5408. Corporation as conservator or receiver; certain other
powers.
Sec. 5409. Reporting.
Sec. 5410. Sense of the Senate.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
Sec. 6101. Water, waste disposal, and wastewater facility grants.
Sec. 6102. Rural water and wastewater technical assistance and training
programs.
Sec. 6103. Rural water and wastewater circuit rider program.
Sec. 6104. Tribal college and university essential community
facilities.
Sec. 6105. Community facilities direct loans and grants for substance
use disorder treatment services.
Sec. 6106. Emergency and imminent community water assistance grant
program.
Sec. 6107. Water systems for rural and native villages in Alaska.
Sec. 6108. Rural decentralized water systems.
Sec. 6109. Solid waste management grants.
Sec. 6110. Rural business development grants.
Sec. 6111. Rural cooperative development grants.
Sec. 6112. Locally or regionally produced agricultural food products.
Sec. 6113. Appropriate technology transfer for rural areas program.
Sec. 6114. Rural economic area partnership zones.
Sec. 6115. Intemediary relending program.
Sec. 6116. Single application for broadband.
Sec. 6117. Loan guarantee loan fees.
Sec. 6118. Rural Business-Cooperative Service programs technical
assistance and training.
Sec. 6119. National rural development partnership.
Sec. 6120. Grants for NOAA weather radio transmitters.
Sec. 6121. Rural microentrepreneur assistance program.
Sec. 6122. Health care services.
Sec. 6123. Strategic economic and community development.
Sec. 6124. Delta Regional Authority.
Sec. 6125. Rural business investment program.
Subtitle B--Rural Electrification Act of 1936
Sec. 6201. Electric loan refinancing.
Sec. 6202. Technical assistance for rural electrification loans.
Sec. 6203. Loans for telephone service.
Sec. 6204. Cushion of credit payments program.
Sec. 6205. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6206. Access to broadband telecommunications services in rural
areas.
Sec. 6207. Community Connect Grant Program.
Sec. 6208. Transparency in the Telecommunications Infrastructure Loan
Program.
Sec. 6209. Refinancing of broadband and telephone loans.
Sec. 6210. Cybersecurity and grid security improvements.
Subtitle C--Miscellaneous
Sec. 6301. Distance learning and telemedicine.
Sec. 6302. Rural energy savings program.
Sec. 6303. Rural health and safety education programs.
Sec. 6304. Northern Border Regional Commission reauthorization.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Purposes of agricultural research, extension, and education.
Sec. 7102. Matters relating to certain school designations and
declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7104. Citrus disease subcommittee of specialty crop committee.
Sec. 7105. Veterinary services grant program.
Sec. 7106. Grants and fellowships for food and agriculture sciences
education.
Sec. 7107. Research equipment grants.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7110. Next generation agriculture technology challenge.
Sec. 7111. Nutrition education program.
Sec. 7112. Authorization for appropriations for Federal agricultural
research facilities.
Sec. 7113. Continuing animal health and disease research programs.
Sec. 7114. Extension at 1890 land-grant colleges, including Tuskegee
University; report.
Sec. 7115. Report on agricultural research at 1890 land-grant colleges,
including Tuskegee University.
Sec. 7116. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including
Tuskegee University.
Sec. 7117. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant
institutions.
Sec. 7118. New Beginning for Tribal Students.
Sec. 7119. Hispanic-serving institutions.
Sec. 7120. Binational agricultural research and development.
Sec. 7121. Partnerships to build capacity in international agricultural
research, extension, and teaching.
Sec. 7122. Competitive grants for international agricultural science
and education programs.
Sec. 7123. University research.
Sec. 7124. Extension service.
Sec. 7125. Supplemental and alternative crops; hemp.
Sec. 7126. New Era Rural Technology program.
Sec. 7127. Capacity building grants for NLGCA institutions.
Sec. 7128. Agriculture Advanced Research and Development Authority.
Sec. 7129. Aquaculture assistance programs.
Sec. 7130. Repeal of rangeland research programs.
Sec. 7131. Special authorization for biosecurity planning and response.
Sec. 7132. Distance education and resident instruction grants program
for insular area institutions of higher
education.
Sec. 7133. Limitation on designation of entities eligible to receive
funds under a capacity program.
Sec. 7134. Scholarship program for students attending 1890
Institutions.
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 strategic germplasm and cultivar collection
assessment and utilization plan.
Sec. 7206. National Genetics Resources Program.
Sec. 7207. National Agricultural Weather Information System.
Sec. 7208. Agricultural genome to phenome initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Organic agriculture research and extension initiative.
Sec. 7211. Farm business management.
Sec. 7212. Urban, indoor, and other emerging agricultural production
research, education, and extension
initiative.
Sec. 7213. Centers of excellence at 1890 Institutions.
Sec. 7214. Assistive technology program for farmers with disabilities.
Sec. 7215. National Rural Information Center Clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
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--Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Agricultural and food research initiative.
Sec. 7405. Extension design and demonstration initiative.
Sec. 7406. Renewable Resources Extension Act of 1978.
Sec. 7407. National Aquaculture Act of 1980.
Sec. 7408. Repeal of review of Agricultural Research Service.
Sec. 7409. Biomass research and development.
Sec. 7410. Reinstatement of matching requirement for Federal funds used
in extension work at the University of the
District of Columbia.
Sec. 7411. Enhanced use lease authority pilot program.
Sec. 7412. Transfer of administrative jurisdiction over portion of
Henry A. Wallace Beltsville Agricultural
Research Center, Beltsville, Maryland.
Sec. 7413. Foundation for food and agriculture research.
Sec. 7414. Assistance for forestry research under the McIntire-Stennis
Cooperative Forestry Act.
Sec. 7415. Legitimacy of industrial hemp research.
Sec. 7416. Collection of data relating to barley area planted and
harvested.
Sec. 7417. Collection of data relating to the size and location of
dairy farms.
Sec. 7418. Agriculture innovation center demonstration program.
Sec. 7419. Smith-Lever community extension program.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART I--Agricultural Security
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and
response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
PART II--Miscellaneous Provisions
Sec. 7511. Farm and Ranch Stress Assistance Network.
Sec. 7512. Natural products research program.
Sec. 7513. Sun grant program.
Sec. 7514. Mechanization and automation for specialty crops.
Subtitle F--Matching Funds Requirement
Sec. 7601. Matching funds requirement.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 8101. State and private forest landscape-scale restoration
program.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
Sec. 8201. Repeal of recycling research.
Sec. 8202. Repeal of forestry student grant program.
Subtitle C--Global Climate Change Prevention Act of 1990
Sec. 8301. Repeals.
Subtitle D--Healthy Forests Restoration Act of 2003
Sec. 8401. Promoting cross-boundary wildfire mitigation.
Sec. 8402. Authorization of appropriations for hazardous fuel reduction
on Federal land.
Sec. 8403. Repeal of biomass commercial utilization grant program.
Sec. 8404. Water Source Protection Program.
Sec. 8405. Watershed Condition Framework.
Sec. 8406. Authorization of appropriations to combat insect
infestations and related diseases.
Sec. 8407. Healthy Forests Reserve Program reauthorization.
Sec. 8408. Authorization of appropriations for designation of treatment
areas.
Sec. 8409. Administrative review of collaborative restoration projects.
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
Sec. 8501. Repeal of revision of strategic plan for forest inventory
and analysis.
Sec. 8502. Semiarid agroforestry research center.
Sec. 8503. National Forest Foundation Act.
Sec. 8504. Conveyance of Forest Service administrative sites.
Subtitle F--Forest Management
Sec. 8601. Definitions.
PART I--Expedited Environmental Analysis and Availability of
Categorical Exclusions to Expedite Forest Management Activities
Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer
habitat.
PART II--Miscellaneous Forest Management Activities
Sec. 8621. Additional authority for sale or exchange of small parcels
of National Forest System land.
Sec. 8622. Forest Service participation in ACES program.
Sec. 8623. Authorization for lease of Forest Service sites.
Sec. 8624. Good neighbor authority.
Sec. 8625. Wildland-urban interface.
Sec. 8626. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8627. Tennessee wilderness.
Sec. 8628. Additions to Rough Mountain and Rich Hole Wildernesses.
Sec. 8629. Kisatchie National Forest land conveyance.
Sec. 8630. Purchase of Natural Resources Conservation Service property,
Riverside County, California.
Sec. 8631. Collaborative Forest Landscape Restoration Program.
Sec. 8632. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8633. Okhissa Lake rural economic development land conveyance.
Sec. 8634. Prairie dogs.
PART III--Timber Innovation
Sec. 8641. Definitions.
Sec. 8642. Clarification of research and development program for wood
building construction.
Sec. 8643. Wood innovation grant program.
TITLE IX--ENERGY
Sec. 9101. Definitions.
Sec. 9102. Biobased markets program.
Sec. 9103. Biorefinery assistance.
Sec. 9104. Repowering assistance program.
Sec. 9105. Bioenergy program for advanced biofuel.
Sec. 9106. Biodiesel fuel education program.
Sec. 9107. Rural Energy for America Program.
Sec. 9108. Rural energy self-sufficiency initiative.
Sec. 9109. Feedstock flexibility program for bioenergy producers.
Sec. 9110. Biomass Crop Assistance Program.
Sec. 9011. Biogas research and adoption of biogas systems.
Sec. 9112. Community Wood Energy Program.
Sec. 9113. Carbon utilization education program.
TITLE X--HORTICULTURE
Sec. 10101. Specialty crops market news allocation.
Sec. 10102. Local Agriculture Market Program.
Sec. 10103. Organic production and market data initiatives.
Sec. 10104. Organic certification.
Sec. 10105. National organic certification cost-share program.
Sec. 10106. Food safety education initiatives.
Sec. 10107. Specialty crop block grants.
Sec. 10108. Plant variety protection.
Sec. 10109. Multiple crop and pesticide use survey.
Sec. 10110. Clarification of use of funds for technical assistance.
Sec. 10111. Hemp production.
Sec. 10112. Rule of construction.
TITLE XI--CROP INSURANCE
Sec. 11101. Definitions.
Sec. 11102. Data collection.
Sec. 11103. Sharing of records.
Sec. 11104. Use of resources.
Sec. 11105. Specialty crops.
Sec. 11106. Insurance period.
Sec. 11107. Cover crops.
Sec. 11108. Underserved producers.
Sec. 11109. Expansion of performance-based discount.
Sec. 11110. Enterprise units.
Sec. 11111. Pasture, rangeland, and forage policy for members of Indian
tribes.
Sec. 11112. Submission of policies and materials to board.
Sec. 11113. Whole farm revenue agent incentives.
Sec. 11114. Crop production on native sod.
Sec. 11115. Use of national agricultural statistics service data to
combat waste, fraud, and abuse.
Sec. 11116. Submission of information to corporation.
Sec. 11117. Acreage report streamlining initiative.
Sec. 11118. Continuing education for loss adjusters and agents.
Sec. 11119. Funding for information technology.
Sec. 11120. Agricultural commodity.
Sec. 11121. Reimbursement of research, development, and maintenance
costs.
Sec. 11122. Research and development authority.
Sec. 11123. Education assistance.
Sec. 11124. Cropland report annual updates.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. Sheep production and marketing grant program.
Sec. 12102. National animal health laboratory network.
Sec. 12103. National Animal Disease Preparedness, Response, and
Recovery Program; National Animal Vaccine
and Veterinary Countermeasures Bank.
Sec. 12104. Study on livestock dealer statutory trust.
Sec. 12105. Definition of livestock.
Subtitle B--Agriculture and Food Defense
Sec. 12201. Repeal of Office of Homeland Security.
Sec. 12202. Office of Homeland Security.
Sec. 12203. Agriculture and food defense.
Sec. 12204. Biological agents and toxins list.
Sec. 12205. Authorization of appropriations.
Subtitle C--Historically Underserved Producers
Sec. 12301. Farming opportunities training and outreach.
Sec. 12302. Urban agriculture.
Sec. 12303. Office of Advocacy and Outreach.
Sec. 12304. Tribal Advisory Committee.
Sec. 12305. Experienced services program.
Sec. 12306. Youth outreach and beginning farmer coordination.
Sec. 12307. Availability of Department of Agriculture programs for
veteran farmers and ranchers.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
Sec. 12401. Office of Congressional Relations and Intergovernmental
Affairs.
Sec. 12402. Military Veterans Agricultural Liaison.
Sec. 12403. Civil rights analyses.
Sec. 12404. Farm Service Agency.
Sec. 12405. Under Secretary of Agriculture for Farm Production and
Conservation.
Sec. 12406. Under Secretary of Agriculture for Rural Development.
Sec. 12407. Administrator of the Rural Utilities Service.
Sec. 12408. Rural Health Liaison.
Sec. 12409. Healthy Food Financing Initiative.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Trade and foreign agricultural affairs.
Sec. 12413. Repeals.
Sec. 12414. Technical corrections.
Sec. 12415. Effect of subtitle.
Sec. 12416. Termination of authority.
Subtitle E--Other Miscellaneous Provisions
Sec. 12501. Acer access and development program.
Sec. 12502. South Carolina inclusion in Virginia/Carolina peanut
producing region.
Sec. 12503. Pet and Women Safety.
Sec. 12504. Data on conservation practices.
Sec. 12505. Marketing orders.
Sec. 12506. Study on food waste.
Sec. 12507. Report on business centers.
Sec. 12508. Information technology modernization.
Sec. 12509. Report on personnel.
Sec. 12510. Report on absent landlords.
Sec. 12511. Restriction on use of certain poisons for predator control.
Sec. 12512. Century farms program.
Sec. 12513. Report on the importation of live dogs.
Sec. 12514. Establishment of technical assistance program.
Sec. 12515. Promise Zones.
Sec. 12516. Precision agriculture connectivity.
Sec. 12517. Improved soil moisture and precipitation monitoring.
Sec. 12518. Study of marketplace fraud of unique traditional foods.
Subtitle F--General Provisions
Sec. 12601. Expedited exportation of certain species.
Sec. 12602. Baiting of migratory game birds.
Sec. 12603. Pima agriculture cotton trust fund.
Sec. 12604. Agriculture wool apparel manufacturers trust fund.
Sec. 12605. Wool research and promotion.
Sec. 12606. Emergency Citrus Disease Research and Development Trust
Fund.
Sec. 12607. Extension of merchandise processing fees.
Sec. 12608. Conforming changes to Controlled Substances Act.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
SEC. 1101. PAYMENT ACRES.
Section 1114(e) of the Agricultural Act of 2014 (7 U.S.C. 9014(e))
is amended by adding at the end the following:
``(5) Recalculation of base acres.--
``(A) In general.--If the Secretary recalculates
base acres for a farm while a farm is engaged in
planting and production of fruits, vegetables, or wild
rice on base acres for which a reduction in payment
acres was made under this subsection, that planting and
production shall be considered to be the same as the
planting and production of a covered commodity.
``(B) Prohibition.--Nothing in this paragraph
provides authority for the Secretary to recalculate
base acres for a farm.''.
SEC. 1102. PRODUCER ELECTION.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Except as provided in subsection (g), for
the 2014 through 2018 crop years'' and inserting ``For the 2014
through 2018 crop years (except as provided in subsection (g))
and for the 2019 through 2023 crop years'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``or the 2019 crop year, as applicable''
after ``2014 crop year'';
(B) in paragraph (1), by inserting ``or the 2019
crop year, as applicable,'' after ``2014 crop year'';
and
(C) in paragraph (2)--
(i) by striking ``elected price'' and
inserting the following: ``elected, as
applicable--
``(A) price''; and
(ii) in subparagraph (A) (as so
designated), by striking the period at the end
and inserting the following: ``; and
``(B) county coverage for all covered commodities
on the farm for the 2020 through 2023 crop years.'';
and
(3) in subsection (g)(1), by inserting ``for the 2018 crop
year,'' before ``all of the producers''.
SEC. 1103. PRICE LOSS COVERAGE.
Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) is
amended--
(1) in subsections (a) and (d) by striking ``2018'' each
place it appears and inserting ``2023''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The payment'' and
inserting the following:
``(1) In general.--The payment''; and
(C) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end
of each applicable 12-month marketing year for each covered
commodity, the Secretary shall publish the payment rate
determined under paragraph (1).''.
SEC. 1104. AGRICULTURE RISK COVERAGE.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by inserting ``(beginning with the 2019 crop
year, based on the physical location of the farm)''
after ``payments''; and
(B) by inserting ``or the 2019 through 2023 crop
years, as applicable'' after ``2014 through 2018 crop
years'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking
``paragraph (4)'' and inserting ``paragraphs
(4) and (5)''; and
(ii) in subparagraph (B), by striking
``(5)'' and inserting ``(6)'';
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by striking
``(5)'' and inserting ``(6)''; and
(ii) in subparagraph (C), by striking
``2018'' and inserting ``2023'';
(C) in paragraph (4)--
(i) by striking ``If'' and inserting
``Effective for the 2019 through 2023 crop
years, if''; and
(ii) by striking ``70 percent'' each place
it appears and inserting ``75 percent'';
(D) by redesignating paragraph (5) as paragraph
(6); and
(E) by inserting after paragraph (4) the following:
``(5) Trend-adjusted yield.--The Secretary shall calculate
and use a trend-adjusted yield factor to adjust the yield
determined under paragraph (2)(A) and subsection (b)(1)(A),
taking into consideration, but not exceeding, the trend-
adjusted yield factor that is used to increase yield history
under the endorsement under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for that crop and county.'';
(3) in subsection (d)--
(A) in paragraph (1), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The payment'' and
inserting the following:
``(1) In general.--The payment''; and
(D) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end
of each applicable 12-month marketing year for each covered
commodity, the Secretary shall publish the payment rate
determined under paragraph (1) for each county.'';
(4) in subsection (e), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023'';
(5) in subsection (g)--
(A) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting ``effective for the 2014
through 2018 crop years,'' before ``in the case
of''; and
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(5) effective for the 2019 through 2023 crop years, in
the case of county coverage--
``(A) effective beginning with actual county yields
for the 2019 crop year, assign an actual county yield
for each planted acre for the crop year for the covered
commodity by giving priority to--
``(i) the use of actual county yields in,
to the maximum extent practicable, a single
source of data that provides the greatest
national coverage of county-level data;
``(ii) the use of a source of data that may
be used to determine an average actual county
yield under subsection (b)(1)(A) and an average
historical county yield under subsection
(c)(2)(A) for the same county; and
``(iii) in the case of a county not
included in any source of data described in
clauses (i) and (ii), the use of--
``(I) other sources of county yield
information; or
``(II) the yield history of
representative farms in the State,
region, or crop reporting district, as
determined by the Secretary; and
``(B) in the case of a farm that has a tract with
base acres and that tract crosses a county boundary--
``(i) prorate the base acres based on the
quantity of cropland of the tract in each
county; and
``(ii) calculate any crop revenue on the
basis described in clause (i).''; and
(6) by adding at the end the following:
``(h) Publications.--
``(1) County guarantee.--
``(A) In general.--For each crop year for a covered
commodity, the Secretary shall publish information
describing, for that crop year for the covered
commodity in each county--
``(i) the agriculture risk coverage
guarantee for county coverage determined under
subsection (c)(1);
``(ii) the average historical county yield
determined under subsection (c)(2)(A); and
``(iii) the national average market price
determined under subsection (c)(2)(B).
``(B) Timing.--
``(i) In general.--Except as provided in
clauses (ii) and (iii), not later than 30 days
after the end of each applicable 12-month
marketing year, the Secretary shall publish the
information described in subparagraph (A).
``(ii) Insufficient data.--In the case of a
covered commodity, such as temperate japonica
rice, for which the Secretary cannot determine
the national average market price for the most
recent 12-month marketing year by the date
described in clause (i) due to insufficient
reporting of timely pricing data by 1 or more
nongovernmental entities, including a marketing
cooperative for the covered commodity, as soon
as practicable after the pricing data is made
available, the Secretary shall publish
information describing--
``(I) the agriculture risk coverage
guarantee under subparagraph (A)(i);
and
``(II) the national average market
price under subparagraph (A)(iii).
``(iii) Transition.--Not later than 60 days
after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall
publish the information described in
subparagraph (A) for the 2018 crop year.
``(2) Actual average county yield.--As soon as practicable
after each crop year, the Secretary shall determine and publish
each actual average county yield for each covered commodity, as
determined under subsection (b)(1)(A).
``(3) Data sources for county yields.--For the 2018 crop
year and each crop year thereafter, the Secretary shall make
publicly available information describing, for the most recent
crop year--
``(A) the sources of data used to calculate county
yields under subsection (c)(2)(A) for each covered
commodity--
``(i) by county; and
``(ii) nationally; and
``(B) the number and outcome of occurrences in
which the Farm Service Agency reviewed, changed, or
determined not to change a source of data used to
calculate county yields under subsection (c)(2)(A).''.
SEC. 1105. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF UPLAND
COTTON.
Section 1119 of the Agricultural Act of 2014 (7 U.S.C. 9019) is
repealed.
Subtitle B--Marketing Loans
SEC. 1201. EXTENSIONS.
(a) In General.--Section 1201(b)(1) of the Agricultural Act of 2014
(7 U.S.C. 9031(b)(1)) is amended by striking ``2018'' and inserting
``2023''.
(b) Loan Rates.--Section 1202(a) of the Agricultural Act of 2014 (7
U.S.C. 9032(a)) is amended by striking ``2018'' each place it appears
and inserting ``2023''.
(c) Repayment.--Section 1204(e)(2)(B) of the Agricultural Act of
2014 (7 U.S.C. 9034(e)(2)(B)) is amended by striking ``2019'' and
inserting ``2024''.
(d) Loan Deficiency Payments.--
(1) Extension.--Section 1205(a)(2)(B) of the Agricultural
Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking
``2018'' and inserting ``2023''.
(2) Payments in lieu of ldps.--Section 1206 of the
Agricultural Act of 2014 (7 U.S.C. 9036) is amended in
subsections (a) and (d) by striking ``2018'' each place it
appears and inserting ``2023''.
(3) Special competitive provisions.--Section 1208(a) of the
Agricultural Act of 2014 (7 U.S.C. 9038(a)) is amended in the
matter preceding paragraph (1) by striking ``2019'' and
inserting ``2024''.
(4) Availability of recourse loans.--Section 1209 of the
Agricultural Act of 2014 (7 U.S.C. 9039) is amended in
subsections (a)(2) and (b) by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 1202. REPEAL; UNSHORN PELTS.
Section 1205 of the Agricultural Act of 2014 (7 U.S.C. 9035) is
amended--
(1) in subsection (a)(2)--
(A) in the paragraph heading, by striking ``Unshorn
pelts, hay,'' and inserting ``Hay'';
(B) in subparagraph (A), by striking ``nongraded
wool in the form of unshorn pelts and''; and
(C) in subparagraph (B) (as amended by section
1201(d)(1)), by striking ``unshorn pelts or''; and
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR UPLAND COTTON USERS.
(a) 2008 Authority.--Section 1207 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 8737) is amended by striking subsection
(c).
(b) 2014 Authority.--
(1) In general.--Section 1207 of the Agricultural Act of
2014 (7 U.S.C. 9037) is amended by striking subsection (c).
(2) Conforming amendment.--Section 1614(d)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by
striking ``sections 1207(c) and'' and inserting ``section''.
Subtitle C--Sugar
SEC. 1301. SUGAR PROGRAM.
(a) Extension.--Section 156 of the Federal Agriculture Improvement
and Reform Act of 1996 (7 U.S.C. 7272) is amended--
(1) in subsection (a)(4), by striking ``2018'' and
inserting ``2023'';
(2) in subsection (b)(2), by striking ``2018'' and
inserting ``2023''; and
(3) in subsection (i), by striking ``2018'' and inserting
``2023''.
(b) Allotments.--
(1) Estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended in
the matter preceding subparagraph (A) 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
PART I--DAIRY RISK COVERAGE
SEC. 1401. DAIRY RISK COVERAGE.
(a) Dairy Risk Coverage.--Part I of subtitle D of title I of the
Agricultural Act of 2014 (7 U.S.C. 9051 et seq.) is amended in the part
heading by striking ``margin protection program'' and inserting ``dairy
risk coverage''.
(b) Definitions.--Section 1401 of the Agricultural Act of 2014 (7
U.S.C. 9051) is amended--
(1) in paragraph (5)--
(A) in the paragraph heading, by striking ``Margin
protection program'' and inserting ``Dairy risk
coverage'';
(B) by striking ``margin protection program'' the
first place it appears and inserting ``dairy risk
coverage''; and
(C) by striking ``the margin protection program''
and inserting ``dairy risk coverage'';
(2) in paragraph (6)--
(A) in the paragraph heading, by striking ``Margin
protection program'' and inserting ``Dairy risk
coverage'';
(B) by striking ``margin protection program'' the
first place it appears and inserting ``dairy risk
coverage''; and
(C) by striking ``the margin protection program
pursuant to''; and
(3) in paragraphs (7) and (8), by striking ``the margin
protection program'' each place it appears and inserting
``dairy risk coverage''.
(c) 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 in the matter preceding subparagraph (A) by striking ``the
margin protection program'' and inserting ``dairy risk coverage''.
(d) Dairy Risk Coverage Administration.--Section 1403 of the
Agricultural Act of 2014 (7 U.S.C. 9053) is amended to read as follows:
``SEC. 1403. DAIRY RISK COVERAGE ADMINISTRATION.
``(a) In General.--Beginning with the 2019 calendar year, the
Secretary shall administer dairy risk coverage under which
participating dairy operations are paid a dairy risk coverage payment
when actual dairy production margins are less than the threshold levels
for a dairy risk coverage payment.
``(b) Regulations.--Subpart A of part 1430 of title 7, Code of
Federal Regulations (as in effect on the date of enactment of the
Agriculture Improvement Act of 2018), shall remain in effect for dairy
risk coverage beginning with the 2019 calendar year, except to the
extent that the regulations are inconsistent with any provision of this
Act.''.
(e) Participation of Dairy Operations in Dairy Risk Coverage.--
Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is
amended--
(1) in the section heading, by striking ``margin protection
program'' and inserting ``dairy risk coverage'';
(2) in subsection (a), by striking ``the margin'' and all
that follows through ``payments'' and inserting ``dairy risk
coverage to receive dairy risk coverage payments'';
(3) in subsection (b), in each of paragraphs (1), (3), and
(4), by striking ``the margin protection program'' and
inserting ``dairy risk coverage'';
(4) in subsection (c)--
(A) in paragraphs (1)(A) and (3), by striking ``the
margin protection program'' each place it appears and
inserting ``dairy risk coverage''; and
(B) in paragraph (1)(B), by striking ``of the
margin protection program''; and
(5) in subsection (d), by striking ``the margin protection
program'' and inserting ``dairy risk coverage''.
(f) Production History of Participating Dairy Operations.--Section
1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended--
(1) in subsections (a) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy risk coverage''; and
(2) in subsection (a)(2), by striking ``In subsequent
years'' and inserting ``During each of the 2014 through 2019
calendar years''.
(g) Dairy Risk Coverage Payments.--Section 1406 of the Agricultural
Act of 2014 (7 U.S.C. 9056) is amended--
(1) in the section heading, by striking ``margin
protection'' and inserting ``dairy risk coverage'';
(2) by striking ``margin protection'' each place it appears
and inserting ``dairy risk coverage'';
(3) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``to $4.00'' and inserting
the following: ``to--
``(A) $4.00''; and
(ii) by adding at the end the following:
``(B) in the case of production subject to premiums
under section 1407(b), any amount described in
subparagraph (A), $8.50, or $9.00; and''; and
(B) in paragraph (2), by striking ``beginning with
25 percent and not exceeding'' and inserting ``that
does not exceed''; and
(4) in subsection (c), in the subsection heading, by
striking ``Margin Protection'' and inserting ``Dairy Risk
Coverage''.
(h) Premiums for Dairy Risk Coverage.--Section 1407 of the
Agricultural Act of 2014 (7 U.S.C. 9057) is amended--
(1) in the section heading, by striking ``margin protection
program'' and inserting ``dairy risk coverage'';
(2) in subsection (a), in the matter preceding paragraph
(1), by striking ``the margin protection program'' and
inserting ``dairy risk coverage'';
(3) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``Except as'' and all that
follows through ``the'' and inserting ``The'';
(ii) by striking ``None'' the second place
it appears and inserting ``$0.005'';
(iii) by striking ``None'' the third place
it appears and inserting ``$0.01'';
(iv) by striking ``$0.009'' and inserting
``$0.02'';
(v) by striking ``$0.016'' and inserting
``$0.04'';
(vi) by striking ``$0.040'' and inserting
``$0.07'';
(vii) by striking ``$0.063'' and inserting
``$0.10'';
(viii) by striking ``$0.087'' and inserting
``$0.12'';
(ix) by striking ``$0.142'' and inserting
``$0.14''; and
(x) by adding at the end of the table the
following:
``$8.50 $0.16
$9.00 $0.18''; and
(B) by striking paragraph (3);
(4) in subsection (c)(2)--
(A) by striking ``$0.020'' and inserting
``$0.048'';
(B) by striking ``$0.040'' and inserting
``$0.096'';
(C) by striking ``$0.100'' and inserting
``$0.144'';
(D) by striking ``$0.155'' and inserting ``$0.24'';
(E) by striking ``$0.290'' and inserting ``$0.42'';
(F) by striking ``$0.830'' and inserting ``$1.08'';
(G) by striking ``$1.060'' and inserting ``$1.32'';
and
(H) by striking ``$1.360'' and inserting ``$1.68'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``the margin
protection program'' and inserting ``dairy risk
coverage''; and
(B) in paragraph (2), by striking ``A participating
dairy operation in the margin protection program'' and
inserting ``A dairy operation participating in dairy
risk coverage''; and
(6) by adding at the end the following:
``(f) Small and Medium Farm Discount.--The premium per
hundredweight specified in the tables contained in subsections (b) and
(c) for each coverage level shall be reduced by--
``(1) 50 percent for a participating dairy operation with a
production history that is less than 2,000,000 pounds; and
``(2) 25 percent for a participating dairy operation with a
production history that is not less than 2,000,000 pounds and
not greater than 10,000,000 pounds.
``(g) Repayment of Premiums.--
``(1) In general.--The Secretary shall repay to dairy
operations that participated in the margin protection program,
as in effect for each of calendar years 2015 through 2017, an
amount equal to the difference between--
``(A) the total amount of premiums paid by
participating dairy operations under this section for
the applicable calendar year; and
``(B) the sum obtained by adding--
``(i) the total amount of payments made to
participating dairy operations under section
1406 for that calendar year; and
``(ii) the costs of carrying out the margin
protection program for that calendar year.
``(2) Applicability.--Paragraph (1) shall only apply to a
calendar year for which the amount described in subparagraph
(A) of that paragraph is greater than the amount described in
subparagraph (B) of that paragraph.
``(3) Allocation of payments.--A repayment to a
participating dairy operation under paragraph (1) shall be
based on the proportion that--
``(A) the amount of premiums paid by the
participating dairy operation under this section for
the applicable calendar year; bears to
``(B) the total amount of premiums paid by
participating dairy operations under this section for
that calendar year.
``(4) Reduction for payments received.--
``(A) In general.--A repayment to a participating
dairy operation under paragraph (1) for a calendar year
shall be an amount equal to the difference between--
``(i) the amount of the repayment to the
participating dairy operation determined under
paragraph (3) for the calendar year; and
``(ii) the amount of payments made to the
participating dairy operation under section
1406 for the calendar year.
``(B) Applicability.--No payment shall be required
under this subsection in the case of an amount
determined under subparagraph (A) that is less than or
equal to zero.''.
(i) Effect of Failure to Pay Administrative Fees or Premiums.--
Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is
amended--
(1) in subsection (a)(2), by striking ``margin protection''
and inserting ``dairy risk coverage''; and
(2) in subsection (b), by striking ``the margin protection
program'' and inserting ``dairy risk coverage''.
(j) Duration.--Section 1409 of the Agricultural Act of 2014 (7
U.S.C. 9059) is amended--
(1) by striking ``The margin protection program'' and
inserting ``Dairy risk coverage''; and
(2) by striking ``2018'' and inserting ``2023''.
(k) Administration and Enforcement.--Section 1410 of the
Agricultural Act of 2014 (7 U.S.C. 9060) is amended--
(1) in subsections (a) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy risk coverage''; and
(2) in subsection (b), by striking ``margin protection''
and inserting ``dairy risk coverage''.
PART II--REAUTHORIZATIONS AND OTHER DAIRY-RELATED PROVISIONS
SEC. 1411. REAUTHORIZATIONS.
(a) Forward Pricing.--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''.
(b) Indemnity Program.--Section 3 of Public Law 90-484 (7 U.S.C.
4553) is amended by striking ``2018'' and inserting ``2023''.
(c) Promotion and Research.--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. 1412. 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'' in the third sentence and all that follows through the
period at the end of the fourth sentence and inserting ``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 regulations), shall be the sum of the
adjusted Class I differential specified in section 1000.52 of such
title 7 (or successor regulations), 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 regulations), 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 regulations), 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 enactment of this Act.
(2) Implementation.--Implementation of the amendment made
by subsection (a) shall not be 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 section
8c(3) of the Agricultural Adjustment Act (7 U.S.C.
608c(3)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937.
(C) The order amendment requirements of section
8c(17) of that Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of that Act
(7 U.S.C. 608c(19)).
SEC. 1413. MILK DONATION PROGRAM.
(a) In General.--Part III of subtitle D of title I of the
Agricultural Act of 2014 (7 U.S.C. 9071) is amended to read as follows:
``PART III--MILK DONATION PROGRAM
``SEC. 1431. MILK DONATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible dairy organization.--The term `eligible
dairy organization' means a dairy farmer (either individually
or as part of a cooperative), or a dairy processor, who--
``(A) accounts to a Federal milk marketing order
marketwide pool; and
``(B) incurs qualified expenses under subsection
(e).
``(2) Eligible distributor.--The term `eligible
distributor' means a public or private nonprofit organization
that distributes donated eligible milk.
``(3) Eligible milk.--The term `eligible milk' means Class
I fluid milk products produced and processed in the United
States.
``(4) Eligible partnership.--The term `eligible
partnership' means a partnership between an eligible dairy
organization and an eligible distributor.
``(5) Participating partnership.--The term `participating
partnership' means an eligible partnership for which the
Secretary has approved a donation and distribution plan for
eligible milk under subsection (c)(2).
``(b) Program Required; Purposes.--Not later than 180 days after
the date of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall establish and administer a milk donation program for
the purposes of--
``(1) encouraging the donation of eligible milk;
``(2) providing nutrition assistance to individuals in low-
income groups; and
``(3) reducing food waste.
``(c) Donation and Distribution Plans.--
``(1) In general.--To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that--
``(A) describes the process that the eligible
partnership will use for the donation, processing,
transportation, temporary storage, and distribution of
eligible milk;
``(B) includes an estimate of the quantity of
eligible milk that the eligible partnership will donate
each year, based on--
``(i) preplanned donations; and
``(ii) contingency plans to address
unanticipated donations; and
``(C) describes the rate at which the eligible
partnership will be reimbursed, which shall be based on
a percentage of the limitation described in subsection
(e)(2).
``(2) Review and approval.--Not less frequently than
annually, the Secretary shall--
``(A) review donation and distribution plans
submitted under paragraph (1); and
``(B) determine whether to approve or disapprove
each of those donation and distribution plans.
``(d) Reimbursement.--
``(1) In general.--On receipt of appropriate documentation
under paragraph (2), the Secretary shall reimburse an eligible
dairy organization that is a member of a participating
partnership on a regular basis for qualified expenses described
in subsection (e).
``(2) Documentation.--
``(A) In general.--An eligible dairy organization
shall submit to the Secretary such documentation as the
Secretary may require to demonstrate the qualified
expenses described in subsection (e) of the eligible
dairy organization.
``(B) Verification.--The Secretary may verify the
accuracy of documentation submitted under subparagraph
(A) by spot checks and audits.
``(3) Retroactive reimbursement.--In providing
reimbursements under paragraph (1), the Secretary may provide
reimbursements for qualified expenses incurred before the date
on which the donation and distribution plan for the applicable
participating partnership was approved by the Secretary.
``(e) Qualified Expenses.--
``(1) In general.--The amount of a reimbursement under
subsection (d) shall be an amount equal to the product of--
``(A) the quantity of eligible milk donated by the
eligible dairy organization under a donation and
distribution plan approved by the Secretary under
subsection (c); and
``(B) subject to the limitation under paragraph
(2), the rate described in that donation and
distribution plan under subsection (c)(1)(C).
``(2) Limitation.--Expenses eligible for reimbursement
under subsection (d) shall not exceed the value that an
eligible dairy organization incurred by accounting to the
Federal milk marketing order pool at the difference in the
Class I milk value and the lowest classified price for the
applicable month (either Class III milk or Class IV milk).
``(f) Preapproval.--
``(1) In general.--The Secretary shall--
``(A) establish a process for an eligible
partnership to apply for preapproval of donation and
distribution plans under subsection (c); and
``(B) not less frequently than annually, preapprove
an amount for qualified expenses described in
subsection (e) that the Secretary will allocate for
reimbursement under each donation and distribution plan
preapproved under subparagraph (A), based on an
assessment of--
``(i) the feasibility of the plan; and
``(ii) the extent to which the plan
advances the purposes described in subsection
(b).
``(2) Preference.--In preapproving amounts for
reimbursement under paragraph (1)(B), the Secretary shall give
preference to eligible partnerships that will provide funding
and in-kind contributions in addition to the reimbursements.
``(3) Adjustments.--
``(A) In general.--The Secretary shall adjust or
increase amounts preapproved for reimbursement under
paragraph (1)(B) based on performance and demand.
``(B) Requests for increase.--
``(i) In general.--The Secretary shall
establish a procedure for a participating
partnership to request an increase in the
amount preapproved for reimbursement under
paragraph (1)(B) based on changes in
conditions.
``(ii) Interim approval; incremental
increase.--The Secretary may provide an interim
approval of an increase requested under clause
(i) and an incremental increase in the amount
of reimbursement to the applicable
participating partnership to allow time for the
Secretary to review the request without
interfering with the donation and distribution
of eligible milk by the participating
partnership.
``(g) Prohibition on Resale of Products.--
``(1) In general.--An eligible distributor that receives
eligible milk donated under this section may not sell the
products back into commercial markets.
``(2) Prohibition on future participation.--An eligible
distributor that the Secretary determines has violated
paragraph (1) shall not be eligible for any future
participation in the program established under this section.
``(h) Administration.--The Secretary shall publicize opportunities
to participate in the program established under this section.
``(i) Reviews.--The Secretary shall conduct appropriate reviews or
audits to ensure the integrity of the program established under this
section.
``(j) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $5,000,000 for fiscal
year 2019 and each fiscal year thereafter, to remain available until
expended.''.
(b) Conforming Amendment.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended, in the matter preceding paragraph (1),
by striking ``and part III''.
Subtitle E--Supplemental Agricultural Disaster Assistance
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) Members of Indian Tribes.--Section 1501(a)(1)(B) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) an Indian tribe or tribal
organization (as those terms are defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));''.
(b) Livestock Indemnity Program.--Section 1501(b) of the
Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended--
(1) in paragraph (1)(B), by striking ``cold.'' and
inserting ``cold, on the condition that in the case of the
death loss of unweaned livestock due to that adverse weather,
the Secretary may disregard any management practice,
vaccination protocol, or lack of vaccination by the eligible
producer on a farm.''; and
(2) by adding at the end the following:
``(5) Sharing of bison market value data.--To ensure that
payments made under this subsection relating to bison are
consistent with the market value of bison, the Secretary shall
annually seek input and data from the bison industry (including
bison producer groups) relating to the market value of
bison.''.
(c) Tree Assistance Program.--Section 1501(e) of the Agricultural
Act of 2014 (7 U.S.C. 9081(e)) is amended--
(1) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``paragraph (4)'' and inserting ``paragraphs
(4) and (5)''; and
(2) by adding at the end the following:
``(5) Payment rate for beginning and veteran producers.--
Subject to paragraph (4), in the case of a beginning farmer or
rancher or a veteran farmer or rancher (as those terms are
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)) that is
eligible to receive assistance under this subsection, the
Secretary shall provide reimbursement of 75 percent of the
costs under subparagraphs (A)(i) and (B) of paragraph (3).''.
Subtitle F--Noninsured Crop Assistance
SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the
following:
``(C) Data collection and sharing.--The Secretary
shall coordinate with the Administrator of the Risk
Management Agency on the type and format of data
received under the noninsured crop disaster assistance
program that--
``(i) best facilitates the use of that data
in developing policies or plans of insurance
offered under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
``(ii) ensures the availability of that
data on a regular basis.
``(D) Coordination.--The Secretary shall coordinate
between the agencies of the Department that provide
programs or services to farmers and ranchers that are
potentially eligible for the noninsured crop disaster
assistance program under this section--
``(i) to make available coverage under--
``(I) the fee waiver under
subsection (k)(2); or
``(II) the premium discount under
subsection (l)(3); and
``(ii) to share eligibility information to
reduce paperwork and avoid duplication.''; and
(B) in paragraph (4)--
(i) in subparagraph (B), by striking clause
(i) and inserting the following:
``(i) In general.--
``(I) Agricultural act of 2014.--As
determined by the Secretary, native sod
acreage that has been tilled for the
production of a covered crop during the
period beginning on February 8, 2014,
and ending on the date of enactment of
the Agriculture Improvement Act of 2018
shall be subject to 4 cumulative years
of a reduction in benefits under this
section as described in this
subparagraph.
``(II) Subsequent years.--
``(aa) Non-hay and non-
forage crops.--During the first
4 crop years of planting, as
determined by the Secretary,
native sod acreage that has
been tilled for the production
of a covered crop other than a
hay or forage crop after the
date of enactment of the
Agriculture Improvement Act of
2018 shall be subject to 4
cumulative years of a reduction
in benefits under this section
as described in this
subparagraph.
``(bb) Hay and forage
crops.--During each crop year
of planting, as determined by
the Secretary, native sod
acreage that has been tilled
for the production of a hay or
forage crop after the date of
enactment of the Agriculture
Improvement Act of 2018 shall
be subject to 4 cumulative
years of a reduction in
benefits under this section as
described in this
subparagraph.'';
(ii) by redesignating subparagraph (C) as
subparagraph (D);
(iii) by inserting after subparagraph (B)
the following:
``(C) Native sod conversion certification.--
``(i) Certification.--As a condition on the
receipt of benefits under this section, a
producer that has tilled native sod acreage for
the production of an insurable crop as
described in subparagraph (B)(i) shall certify
to the Secretary that acreage using--
``(I) an acreage report form of the
Farm Service Agency (FSA-578 or any
successor form); and
``(II) 1 or more maps.
``(ii) Corrections.--Beginning on the date
on which a producer submits a certification
under clause (i), as soon as practicable after
the producer discovers a change in tilled
native sod acreage described in that clause,
the producer shall submit to the Secretary any
appropriate corrections to a form or map
described in subclause (I) or (II) of that
clause.
``(iii) Annual reports.--Not later than
January 1, 2019, and each January 1 thereafter
through January 1, 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 a report that describes the tilled
native sod acreage that has been certified
under clause (i) in each county and State as of
the date of submission of the report.''; and
(iv) in subparagraph (D) (as so
redesignated)--
(I) by striking ``This paragraph''
and inserting the following:
``(i) In general.--Subject to clause (ii),
this paragraph''; and
(II) by adding at the end the
following:
``(ii) Election.--A governor of a State
other than a State described in clause (i) may
elect to have this paragraph apply to the
State.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``not later than
30 days'' and inserting ``by an appropriate deadline'';
and
(B) by adding at the end the following:
``(4) Streamlined submission process.--The Secretary shall
establish a streamlined process for the submission of records
and acreage reports under paragraphs (2) and (3) for--
``(A) diverse production systems such as those
typical of urban production systems, other small-scale
production systems, and direct-to-consumer production
systems; and
``(B) additional coverage under subsection (l)--
``(i) for maximum liabilities not greater
than $100,000; and
``(ii) that is equivalent to the process
described in the regulations for microloan
operating loans under parts 761 and 764 of
title 7, Code of Federal Regulations (as in
effect on the date of enactment of the
Agriculture Improvement Act of 2018).'';
(3) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3)
as paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) the producer's share of the total acres devoted to
the eligible crop; by''; and
(C) in paragraph (2) (as so redesignated), by
striking ``established yield for the crop'' and
inserting ``approved yield for the crop, as determined
by the Secretary'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``farm'' and
inserting ``approved'';
(B) in paragraph (2)--
(i) in the second sentence--
(I) by inserting ``approved''
before ``yield''; and
(II) by striking ``Subject'' and
inserting the following:
``(B) Calculation.--Subject''; and
(ii) in the matter preceding subparagraph
(B) (as so designated)--
(I) by striking ``yield coverage''
and inserting ``an approved yield'';
and
(II) by striking ``The Secretary''
and inserting the following:
``(A) In general.--The Secretary''; and
(C) in paragraph (3), by striking ``transitional
yield of the producer'' and inserting ``county expected
yield'';
(5) in subsection (i)(2), by striking ``exceed $125,000''
and inserting the following: ``exceed--
``(A) in the case of catastrophic coverage under
subsection (c), $125,000; and
``(B) in the case of additional coverage under
subsection (l), $300,000'';
(6) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and
inserting ``$325''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting
``$825''; and
(ii) by striking ``$1,875'' and inserting
``$1,950''; and
(7) in subsection (l)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A),
(B), and (C) as subparagraphs (B), (C), and
(D), respectively;
(ii) by inserting before subparagraph (B)
(as so redesignated) the following:
``(A) the producer's share of the total acres
devoted to the crop;''; and
(iii) in subparagraph (C) (as so
redesignated), by inserting ``, contract price,
or other premium price (such as a local,
organic, or direct market price, as elected by
the producer)'' after ``price'';
(B) by striking paragraphs (3) and (5); and
(C) by redesignating paragraph (4) as paragraph
(3).
Subtitle G--Administration
SEC. 1701. REGULATIONS.
Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C.
9091(c)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``title and sections 11003 and 11017'' and inserting ``title,
sections 11003 and 11017, title I of the Agriculture
Improvement Act of 2018 and the amendments made by that title,
and section 10109 of that Act'';
(2) in subparagraph (A), by adding ``and'' at the end;
(3) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(4) by striking subparagraph (C).
SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
Section 1602 of the Agricultural Act of 2014 (7 U.S.C. 9092) is
amended by striking ``2018'' each place it appears and inserting
``2023''.
SEC. 1703. IMPLEMENTATION.
Section 1614 of the Agricultural Act of 2014 (7 U.S.C. 9097) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Streamlining.--In implementing this title, the Secretary
shall--
``(1) reduce administrative burdens and costs to producers
by streamlining and reducing paperwork, forms, and other
administrative requirements, including through the
implementation 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 of
Agriculture;
``(B) the Department of Agriculture collects and
collates producer information that allows cross-agency
collation, including by--
``(i) using farm numbers, common-land-unit
identifiers, or other common identifiers to
enable data across the farm production and
conservation mission area to be collated by
farm, field, and operator or owner;
``(ii) recording and making available data
at the smallest possible unit, such as field-
level; and
``(iii) harmonizing methods for determining
yields and property descriptions; and
``(C) on 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, conservation
practices and other information of the producer through
a single Department-wide login;
``(2) improve coordination, information sharing, and
administrative work with the Farm Service Agency, the Risk
Management Agency, the Natural Resources Conservation Service,
and other agencies, as determined appropriate by the Secretary,
including by--
``(A) streamlining processes and reducing paperwork
for cross-agency interactions, such as acreage reports
and conservation compliance determinations; and
``(B) utilizing common acreage reporting processes
to collect relevant field-level data such that a
producer--
``(i) has the option to report--
``(I) to any of those agencies; and
``(II) electronically; and
``(ii) does not need to report duplicative
information; and
``(3) take advantage of new technologies to enhance the
efficiency and effectiveness of program delivery to producers,
including by--
``(A) providing an option, as practicable, for
uploading other farm- or field-level data that is
unrelated to program requirements, such as input costs
or field characteristics, such as soil test results;
``(B) maintaining historical information and
allowing users to examine trends on a field- or farm-
level;
``(C) providing access to agency tools, such as
farm- or field-level estimates of benefits of existing
or prospective conservation practices;
``(D) developing data standards and security
procedures to allow optional precision agriculture or
other third-party providers to develop applications to
use or feed into the datasets and analysis; and
``(E) developing methods to summarize the improved
yield or reduced risk relating to conservation best
practices through cooperative extension services or
other similar means, while ensuring the privacy of
individual producers.''; and
(2) by adding at the end the following:
``(e) Deobligation of Unliquidated Obligations.--
``(1) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Secretary under
this title on or after the date of enactment of the Agriculture
Improvement Act of 2018 that is not disbursed to the recipient
by the date that is 5 years after the date on which the payment
is obligated or otherwise made available shall--
``(A) be deobligated; and
``(B) revert to the Treasury.
``(2) Outstanding payments.--
``(A) In general.--Subject to paragraph (3), any
payment obligated or otherwise made available by the
Farm Service Agency (or any predecessor agency of the
Department of Agriculture) under the laws described in
subparagraph (B) before the date of enactment of the
Agriculture Improvement Act of 2018, that is not
disbursed by the date that is 5 years after the date on
which the payment is obligated or otherwise made
available shall--
``(i) be deobligated; and
``(ii) revert to the Treasury.
``(B) Laws described.--The laws referred to in
subparagraph (A) are any of the following:
``(i) This title.
``(ii) Title I of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8702 et seq.).
``(iii) Title I of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7901 et
seq.).
``(iv) The Agricultural Market Transition
Act (7 U.S.C. 7201 et seq.).
``(v) Titles I through XI of the Food,
Agriculture, Conservation, and Trade Act of
1990 (Public Law 101-624; 104 Stat. 3374) and
the amendments made by those titles.
``(vi) Titles I through X of the Food
Security Act of 1985 (Public Law 99-198; 99
Stat. 1362) and the amendments made by those
titles.
``(vii) Titles I through XI of the
Agriculture and Food Act of 1981 (Public Law
97-98; 95 Stat. 1218) and the amendments made
by those titles.
``(viii) Titles I through X of the Food and
Agriculture Act of 1977 (Public Law 95-113; 91
Stat. 917) and the amendments made by those
titles.
``(3) Waiver.--The Secretary may delay the date of the
deobligation and reversion under paragraph (1) or (2) of any
payment--
``(A) that is the subject of--
``(i) ongoing administrative review or
appeal;
``(ii) litigation; or
``(iii) the settlement of an estate; or
``(B) for which the Secretary otherwise determines
that the circumstances are such that the delay is
equitable.''.
SEC. 1704. ADJUSTED GROSS INCOME LIMITATION.
Section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C.
1308-3a(b)(1)) is amended by striking ``$900,000'' and inserting
``$700,000''.
SEC. 1705. BASE ACRES REVIEW.
(a) In General.--The Secretary shall review the establishment,
calculation, reallocation, adjustment, and reduction of base acres
under part II of subtitle A of title I of the Agricultural Act of 2014
(7 U.S.C. 9011 et seq.).
(b) Report.--Not later than 2 years after the date of enactment of
this Act, 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 results
of the review under subsection (a).
SEC. 1706. FARM SERVICE AGENCY ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Inspector General
of the Department of Agriculture, shall establish policies, procedures,
and plans to improve program accountability and integrity through
targeted and coordinated activities, including utilizing data mining to
identify and reduce errors, waste, fraud, and abuse in programs
administered by the Farm Service Agency.
(b) Report.--Not later than 2 years after the date of enactment of
this Act, and annually thereafter through fiscal year 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 a report describing a summary of--
(1) the existing efforts of the Department of Agriculture
to eliminate errors, waste, fraud, and abuse, including efforts
that involve coordination with other departments or agencies;
(2) identified weaknesses or program integrity issues that
contribute to errors, waste, fraud, and abuse in Farm Service
Agency programs and plans for actions to be taken to address
and reduce those weaknesses or program integrity issues;
(3) the existing and planned data sampling and mining
activities of the Farm Service Agency;
(4) errors, waste, fraud, or abuse identified through
activities under subsection (a); and
(5) any plans for administrative actions or recommendations
for legislative changes relating to reducing errors, waste,
fraud, and abuse in programs of the Department of Agriculture.
SEC. 1707. TECHNICAL CORRECTIONS.
(a) Section 1112(c)(2) of the Agricultural Act of 2014 (7 U.S.C.
9012(c)(2)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Any acreage on the farm enrolled in--
``(i) the conservation reserve program
established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.); or
``(ii) a wetland reserve easement under
section 1265C of the Food Security Act of 1985
(16 U.S.C. 3865c).''.
(b) Section 1614(d) of the Agricultural Act of 2014 (7 U.S.C.
9097(d)) is amended--
(1) in paragraph (1), by striking ``pursuant 2 U.S.C.
901(a)'' and inserting ``pursuant to section 251(a) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(a))''; and
(2) by striking ``subtitles B'' each place it appears and
inserting ``subtitle B''.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
SEC. 2101. EXTENSION AND ENROLLMENT REQUIREMENTS OF CONSERVATION
RESERVE PROGRAM.
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is
amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(i), by striking ``or'' at
the end and inserting ``and''; and
(B) in subparagraph (B), by striking ``Agricultural
Act of 2014'' and inserting ``Agriculture Improvement
Act of 2018'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) each of fiscal years 2019 through 2023, not
more than 25,000,000 acres.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limitations'' and
inserting ``limitation''; and
(II) by striking ``2018'' and
inserting ``2023''; and
(ii) in subparagraph (B)--
(I) by striking ``may'' and
inserting ``shall'';
(II) by striking ``land with
expiring'' and inserting the following:
``land, as determined by the
Secretary--
``(i) with expiring'';
(III) in clause (i) (as so
designated), by striking the period at
the end and inserting a semicolon; and
(IV) by adding at the end the
following:
``(ii) at risk of conversion or
development; or
``(iii) of ecological significance,
including land that--
``(I) may assist in the restoration
of threatened or endangered species
under the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
``(II) may assist in preventing a
species from being listed as a
threatened or endangered species under
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); or
``(III) improves or creates
wildlife habitat corridors.''; and
(iii) in subparagraph (C)--
(I) by striking ``the Secretary
shall make'' and inserting ``the
Secretary shall--
``(i) make'';
(II) in clause (i) (as so
designated), by striking the period at
the end and inserting ``; and''; and
(III) by adding at the end the
following:
``(ii) offer enrollment under subparagraph
(A) during any period that any other land may
be enrolled in the conservation reserve.''; and
(C) by adding at the end the following:
``(3) Additional enrollment procedure.--
``(A) Grasslands and continuous sign-up.--With
respect to enrollment in the conservation reserve
program using continuous sign-up under section
1234(d)(2)(A)(ii) or of grassland described in
subsection (b)(3), the Secretary shall allow producers
to submit applications for enrollment on a continuous
basis.
``(B) Annual enrollment.--Subject to the
availability of acreage for enrollment in the
conservation reserve program for a fiscal year in
accordance with paragraph (1), the Secretary shall
enter into contracts under the conservation reserve
program for each fiscal year.
``(4) State acres for wildlife enhancement.--
``(A) In general.--For the purposes of applying the
limitations in paragraph (1), the Secretary shall give
priority to land--
``(i) enrolled in the conservation reserve
program using continuous sign-up under section
1234(d)(2)(A)(ii); and
``(ii) on which practices to maintain,
enhance, or restore wildlife habitat on land
designated as a State acres for wildlife
enhancement area under subsection (j)(1) shall
be conducted.
``(B) Acreage.--Of the acres maintained in the
conservation reserve in accordance with paragraph (1),
to the maximum extent practicable, not less than 30
percent of acres enrolled in the conservation reserve
using continuous sign-up under section
1234(d)(2)(A)(ii) shall be of land described in
subparagraph (A).
``(5) Enrollment of water quality practices to foster clean
lakes, estuaries, and rivers.--
``(A) In general.--For purposes of applying the
limitation in paragraph (1), the Secretary shall give
priority to the enrollment in the conservation reserve
program under this subchapter of land that, as
determined by the Secretary--
``(i) will have a positive impact on water
quality; and
``(ii)(I) will be devoted to--
``(aa) a grass sod waterway;
``(bb) a contour grass sod strip;
``(cc) a prairie strip;
``(dd) a filterstrip;
``(ee) a riparian buffer;
``(ff) a wetland or a wetland
buffer;
``(gg) a saturated buffer;
``(hh) a bioreactor; or
``(ii) another similar water
quality practice, as determined by the
Secretary; or
``(II) will be enrolled in the conservation
reserve program using continuous sign-up under
section 1234(d)(2)(A)(ii).
``(B) Sediment and nutrient loadings.--In carrying
out subparagraph (A), the Secretary shall consider land
that--
``(i) is located in a watershed impacted by
sediment and nutrient; and
``(ii) if enrolled, will reduce sediment
loadings, nutrient loadings, and harmful algal
blooms, as determined by the Secretary.
``(C) Acreage.--Of the acres maintained in the
conservation reserve in accordance with paragraph (1),
to the maximum extent practicable, not less than 40
percent of acres enrolled in the conservation reserve
using continuous sign-up under section
1234(d)(2)(A)(ii) shall be of land described in
subparagraph (A).
``(D) Report.--The Secretary shall--
``(i) in the monthly publication of the
Secretary describing conservation reserve
program statistics, include a description of
enrollments through the priority under this
paragraph; and
``(ii) publish on the website of the Farm
Service Agency an annual report describing a
summary of, with respect to the enrollment
priority under this paragraph--
``(I) new enrollments;
``(II) expirations;
``(III) geographic distribution;
and
``(IV) estimated water quality
benefits.''; and
(4) by adding at the end the following:
``(j) State Acres for Wildlife Enhancement.--
``(1) In general.--A State or Indian Tribe, in consultation
with the applicable State technical committee established under
section 1261(a), may submit to the Secretary a request to
designate within the State or territory of the Indian Tribe a
State acres for wildlife enhancement area (referred to in this
subsection as a `SAFE area') in accordance with this
subsection.
``(2) Requests.--A request submitted under paragraph (1)
shall--
``(A) include a description of--
``(i) the specific wildlife species that
would benefit from the creation of the habitat;
``(ii) the number of acres requested for
enrollment;
``(iii) the geographic area where the
habitat would be created; and
``(iv) the 1 or more specific practices to
be conducted for the benefit of the wildlife
species described in clause (i);
``(B) be in accordance with State or national
wildlife habitat plans or goals; and
``(C) include a wildlife monitoring and evaluation
plan.
``(3) Priority.--The Secretary may give priority to
requests submitted under paragraph (1)--
``(A) that cover an area--
``(i) on which the habitat for a particular
species may be declining or in danger of
declining;
``(ii) the designation of which would
help--
``(I) to prevent the listing of a
species as a threatened species or an
endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.); or
``(II) to remove a species from the
list of threatened species or
endangered species under that Act;
``(iii) that is adjacent to other
conservation land, including to establish
wildlife corridors and large blocks of
conservation land; or
``(iv) that provides economic or social
value to the local community for outdoor
recreation activities; or
``(B) that include a commitment of funds from which
to pay for incentive payments to an agricultural
producer that enrolls land in the conservation reserve
program within a SAFE area.
``(4) Regional balance.--To the maximum extent practicable,
the Secretary shall maintain a regional balance in the
designation of SAFE areas.
``(5) Report.--The Secretary shall--
``(A) in the monthly publication of the Secretary
describing conservation reserve program statistics,
include a description of enrollments in SAFE areas; and
``(B) publish on the website of the Farm Service
Agency an annual report describing a summary of, with
respect to SAFE areas--
``(i) new enrollments;
``(ii) expirations;
``(iii) geographic distribution; and
``(iv) estimated wildlife benefits.''.
SEC. 2102. FARMABLE WETLAND PROGRAM.
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''.
SEC. 2103. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a)(1) of the Food
Security Act of 1985 (16 U.S.C. 3833(a)(1)) is amended by inserting ``,
including the cost of fencing and other water distribution practices,
if applicable'' after ``interest''.
(b) Specified Activities Permitted.--Section 1233(b) of the Food
Security Act of 1985 (16 U.S.C. 3833(b)) is amended by striking
paragraph (1) and inserting the following:
``(1) harvesting, grazing, or other commercial use of the
forage, without any reduction in the rental rate, in response
to--
``(A) drought;
``(B) flooding;
``(C) a state of emergency caused by drought or
wildfire that--
``(i) is declared by the Governor, in
consultation with the State Committee of the
Farm Service Agency, of the State in which the
land that is subject to a contract under the
conservation reserve program is located;
``(ii) covers any part of the State or the
entire State; and
``(iii) the Secretary does not object to
the declaration under clause (i) by not later
than 5 business days after the date of
declaration; or
``(D) other emergency;''.
(c) Harvesting and Grazing.--Section 1233 of the Food Security Act
of 1985 (16 U.S.C. 3833) is amended by adding at the end the following:
``(e) Harvesting and Grazing.--
``(1) In general.--The Secretary may permit harvesting and
grazing in accordance with paragraphs (2) through (5) of
subsection (b) on any land subject to a contract under the
conservation reserve program.
``(2) Exception.--The Secretary, in coordination with the
applicable State technical committee established under section
1261(a), may determine for any year that harvesting or grazing
described in paragraph (1) shall not be permitted on land
subject to a contract under the conservation reserve program in
a particular county if harvesting or grazing for that year
would cause long-term damage to vegetative cover on that
land.''.
SEC. 2104. PAYMENTS.
Section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is
amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by inserting before subparagraph (A) (as so
redesignated) the following:
``(1) Signing and practice incentive payments.--
``(A) In general.--In the case of a continuous
enrollment contract, the Secretary may make an
incentive payment to an owner or operator of eligible
land in an amount sufficient to encourage participation
in the program established under this subchapter.
``(B) Limitation on making payments.--The Secretary
may only make an incentive payment under subparagraph
(A) if the national average market price received by
producers during the previous 12-month marketing year
for major covered commodities is greater than the
national average market price received by producers
during the most recent 10 marketing years for major
covered commodities.
``(2) Tree thinning and other practices.--''; and
(C) in paragraph (2)(B) (as so designated), by
striking ``paragraph (1)'' and inserting ``subparagraph
(A)'';
(2) in subsection (d)--
(A) in paragraph (3)(A)--
(i) by striking ``Secretary may'' and
inserting the following: ``Secretary--
``(i) may'';
(ii) in clause (i) (as so designated), by
striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(ii) shall prioritize the enrollment of
marginal and environmentally sensitive land
that is the subject of the contract offer.'';
and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking
``other'' before ``year,'';
(ii) in subparagraph (C)--
(I) by striking ``The Secretary may
use'' and inserting ``Subject to
paragraph (3)(A)(ii), with respect
to''; and
(II) by striking ``rental rates''
the first place it appears and
inserting the following: ``rental
rates, the Secretary--
``(i) shall apply the limitation described
in subsection (g)(1); and
``(ii) may use the estimates''; and
(iii) by adding at the end the following:
``(D) Rental rate limitation.--Except in the case
of an incentive payment under subsection (c), a payment
under this subchapter shall not exceed 88.5 percent of
the estimated rental rate determined under subparagraph
(A).''; and
(3) in subsection (g)--
(A) in paragraph (1), by striking ``The total'' and
inserting ``Except as provided in paragraph (2), the
total''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Wellhead protection.--Paragraph (1) and section
1001D(b) shall not apply to rental payments received by a rural
water district or association for land that is enrolled under
this subchapter for the purpose of protecting a wellhead.''.
SEC. 2105. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
(a) In General.--Subchapter B of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 is amended by inserting after
section 1231 (16 U.S.C. 3831) the following:
``SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible land.--The term `eligible land' means land
that is eligible to be included in the program established
under this subchapter.
``(2) Eligible partner.--The term `eligible partner'
means--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304));
``(D) a nongovernmental organization;
``(E) an institution of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)));
``(F) a State cooperative extension service;
``(G) a research institute; and
``(H) any other entity, as determined appropriate
by the Secretary.
``(3) Management.--The term `management' means an activity
conducted by an owner or operator under a contract entered into
under this subchapter after the establishment of a conservation
practice on eligible land, to regularly maintain or enhance the
vegetative cover established by the conservation practice--
``(A) throughout the term of the contract; and
``(B) consistent with the conservation plan that
covers the eligible land.
``(4) Program.--The term `program' means a conservation
reserve enhancement program carried out under an agreement
under subsection (b)(1).
``(b) Agreements.--
``(1) In general.--The Secretary may enter into an
agreement with an eligible partner to carry out a conservation
reserve enhancement program--
``(A) to assist in enrolling eligible land in the
program established under this subchapter; and
``(B) that the Secretary determines will advance
the purposes of this subchapter.
``(2) Contents.--An agreement entered into under paragraph
(1) shall--
``(A) describe--
``(i) 1 or more specific State or
nationally significant conservation concerns to
be addressed by the agreement;
``(ii) quantifiable environmental goals for
addressing the concerns under clause (i);
``(iii) a suitable acreage goal for
enrollment of eligible land under the
agreement, as determined by the Secretary;
``(iv) the location of eligible land to be
enrolled in the project area identified under
the agreement;
``(v) the payments to be offered by the
Secretary and eligible partner to an owner or
operator; and
``(vi) an appropriate list of conservation
reserve program conservation practice
standards, including any modifications to the
practice standards, that are appropriate to
meeting the concerns described under clause
(i), as determined by the Secretary in
consultation with eligible partners; and
``(B) require the eligible partner to provide
funds.
``(3) Effect on existing agreements.--
``(A) In general.--Subject to subparagraph (B), an
agreement under this subsection shall not affect,
modify, or interfere with existing agreements under
this subchapter.
``(B) Modification of existing agreements.--To
implement this section, the signatories to an agreement
under this subsection may mutually agree to a
modification of an agreement entered into before the
date of enactment of this section under the
Conservation Reserve Enhancement Program established by
the Secretary under this subchapter.
``(c) Payments.--
``(1) Funding requirement.--Funds provided by an eligible
partner may be in cash, in-kind contributions, or technical
assistance.
``(2) Marginal pastureland cost-share payments.--The
Secretary shall ensure that cost-share payments to an owner or
operator to install stream fencing, crossings, and alternative
water development on marginal pastureland under a program
reflect the fair market value of the cost of installation.
``(3) Cost-share and practice incentive payments.--
``(A) In general.--On request of an owner or
operator, the Secretary shall provide cost-share
payments when a major conservation practice component
is completed under a program, as determined by the
Secretary.
``(B) Assignment to eligible partner.--An owner or
operator may assign cost-share and practice incentive
payments to an eligible partner if the eligible partner
installs the conservation practice or conducts the
ongoing management of the conservation practice on
behalf of the owner or operator.
``(4) Riparian buffer management payments.--
``(A) In general.--In the case of an agreement
under subsection (b)(1) that includes riparian buffers
as an eligible practice, the Secretary shall make cost-
share payments to encourage the regular management of
the riparian buffer throughout the term of the
agreement, consistent with the conservation plan that
covers the eligible land.
``(B) Limitation.--The amount of payments received
by an owner or operator under subparagraph (A) shall
not be greater than 100 percent of the normal and
customary projected management cost, as determined by
the Secretary, in consultation with the applicable
State technical committee established under section
1261(a).
``(d) Forested Riparian Buffer Practice.--
``(1) Food-producing woody plants.--In the case of an
agreement under subsection (b)(1) that includes forested
riparian buffers as an eligible practice, the Secretary shall
allow an owner or operator--
``(A) to plant food-producing woody plants in the
forested riparian buffers, on the conditions that--
``(i) the plants shall contribute to the
conservation of soil, water quality, and
wildlife habitat; and
``(ii) the planting shall be consistent
with--
``(I) recommendations of the
applicable State technical committee
established under section 1261(a); and
``(II) technical guide standards of
the applicable field office of the
Natural Resources Conservation Service;
and
``(B) to harvest from plants described in
subparagraph (A), on the conditions that--
``(i) the harvesting shall not damage the
conserving cover or otherwise have a negative
impact on the conservation concerns targeted by
the program; and
``(ii) only native plant species
appropriate to the region shall be used within
35 feet of the watercourse.
``(2) Technical assistance.--For the purpose of enrolling
forested riparian buffers in a program, the Administrator of
the Farm Service Agency, in consultation with the Chief of the
Forest Service--
``(A) shall provide funds for technical assistance
directly to a State forestry agency; and
``(B) is encouraged to partner with a
nongovernmental organization--
``(i) to make recommendations for
conservation practices under the program;
``(ii) to provide technical assistance
necessary to carry out the conservation
practices recommended under clause (i); and
``(iii) to implement riparian buffers by--
``(I) pooling and submitting
applications on behalf of owners and
operators in a specific watershed; and
``(II) carrying out management
activities for the duration of the
program.
``(e) Acreage.--Of the acres of land maintained in the conservation
reserve in accordance with section 1231(d)(1), to the maximum extent
practicable, not less than 20 percent of the acres enrolled in the
conservation reserve program using continuous sign-up under section
1234(d)(2)(A)(ii) shall be enrolled under an agreement under subsection
(b)(1).
``(f) Status Report.--Not later than 180 days after the end of each
fiscal year, the Secretary shall submit to Congress a report that
describes, with respect to each agreement entered into under subsection
(b)(1)--
``(1) the status of the agreement;
``(2) the purposes and objectives of the agreement;
``(3) the Federal and eligible partner commitments made
under the agreement; and
``(4) the progress made in fulfilling those commitments.''.
(b) Conforming Amendments.--
(1) Section 1240R(c)(3) of the Food Security Act of 1985
(16 U.S.C. 3839bb-5(c)(3)) is amended by striking ``a special
conservation reserve enhancement program described in section
1234(f)(4)'' and inserting ``the Conservation Reserve
Enhancement Program under section 1231A''.
(2) Section 1244(f)(3) of the Food Security Act of 1985 (16
U.S.C. 3844(f)(3)) is amended by striking ``subsection
(d)(2)(A)(ii) or (g)(2) of section 1234'' and inserting
``section 1231A or 1234(d)(2)(A)(ii)''.
SEC. 2106. CONTRACTS.
(a) In General.--Section 1235 of the Food Security Act of 1985 (16
U.S.C. 3835) is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively;
(3) in subsection (e) (as so redesignated)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``retired farmer or rancher''
and inserting ``contract holder'';
(ii) by striking ``retired or retiring
owner or operator'' each place it appears and
inserting ``contract holder'';
(iii) in subparagraph (A), in the matter
preceding clause (i), by striking ``1 year''
and inserting ``2 years'';
(iv) in subparagraph (B), by inserting
``purchase, including a lease with a term of
less than 5 years and an option to'' before
``purchase)'';
(v) in subparagraph (D), by striking
``and'' at the end;
(vi) by redesignating subparagraph (E) as
subparagraph (F); and
(vii) by inserting after subparagraph (D)
the following:
``(E) give priority to the enrollment of the land
in--
``(i) the conservation stewardship program
established under subchapter B of chapter 2;
``(ii) the environmental quality incentives
program established under chapter 4; or
``(iii) the agricultural conservation
easement program established under subtitle H;
and''; and
(B) in paragraph (2)(A), by striking ``under the''
and inserting the following: ``under--
``(i) the conservation reserve program for
grasslands described in section 1231(b)(3); or
``(ii) the''; and
(4) by adding at the end the following:
``(h) Owner or Operator Election Relating to Conservation Reserve
Easements.--
``(1) Definition of covered contract.--In this subsection,
the term `covered contract' means a contract entered into under
this subchapter--
``(A) during the period beginning on the date of
enactment of this subsection and ending on September
30, 2023; and
``(B) that covers land enrolled in the conservation
reserve program--
``(i) under the clean lakes, estuaries, and
rivers priority described in section
1231(d)(5); or
``(ii) that is located in a State acres for
wildlife enhancement area under section
1231(j).
``(2) Election.--On the expiration of a covered contract,
an owner or operator party to the covered contract shall
elect--
``(A) not to reenroll the land under the contract;
``(B) to reenroll the land under the contract, on
the conditions that--
``(i) the annual rental payment shall be
decreased by 40 percent; and
``(ii) no incentive payments shall be
provided under the contract; or
``(C) not to reenroll the land under the contract
and to enroll the land under the contract in a
conservation reserve easement under section 1231C.
``(3) Exception.--On the expiration of a covered contract,
if land enrolled in the conservation reserve program under that
contract is determined by the Secretary to not be suitable for
permanent protection through a conservation reserve easement
under section 1231C, notwithstanding paragraph (2)(B), the
Secretary shall allow the land to be reenrolled under the terms
of the conservation reserve program in effect on the date of
expiration.''.
(b) Conforming Amendment.--Section 1241(a)(1)(B) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking
``1235(f)'' and inserting ``1235(e)''.
SEC. 2107. CONSERVATION RESERVE EASEMENTS.
Subchapter B of chapter 1 of subtitle D of title XII of the Food
Security Act of 1985 is amended by inserting after section 1231B (16
U.S.C. 3831b) the following:
``SEC. 1231C. CONSERVATION RESERVE EASEMENTS.
``(a) In General.--
``(1) Enrollment.--The Secretary shall offer to enroll land
in the conservation reserve program through a conservation
reserve easement in accordance with this section.
``(2) Exclusion of acreage limitation.--For purposes of
applying the limitations in section 1231(d)(1), the Secretary
shall not count acres of land enrolled under this section.
``(b) Eligible Land.--Only land subject to an expired covered
contract (as defined in section 1235(h)(1)) shall be eligible for
enrollment through a conservation reserve easement under this section.
``(c) Term.--The term of a conservation reserve easement shall be--
``(1) permanent; or
``(2) the maximum period allowed by State law.
``(d) Agreements.--To be eligible to enroll land in the
conservation reserve program through a conservation reserve easement,
the owner of the land shall enter into an agreement with the
Secretary--
``(1) to grant an easement on the land to the Secretary;
``(2) to implement a conservation reserve easement plan
developed for the land under subsection (h)(1);
``(3) to create and record an appropriate deed restriction
in accordance with applicable State law to reflect the
easement;
``(4) to provide a written statement of consent to the
easement signed by any person holding a security interest in
the land;
``(5) to comply with the terms and conditions of the
easement and any related agreements; and
``(6) to permanently retire any existing base history for
the land covered by the easement.
``(e) Terms and Conditions of Easements.--
``(1) In general.--A conservation reserve easement shall
include terms and conditions that--
``(A) permit--
``(i) repairs, improvements, and
inspections on the land that are necessary to
maintain existing public drainage systems; and
``(ii) owners to control public access on
the land while identifying access routes to be
used for restoration activities and management
and easement monitoring;
``(B) prohibit--
``(i) the alteration of wildlife habitat
and other natural features of the land, unless
specifically authorized by the Secretary as
part of the conservation reserve easement plan;
``(ii) the spraying of the land with
chemicals or the mowing of the land, except
where the spraying or mowing is authorized by
the Secretary or is necessary--
``(I) to comply with Federal or
State noxious weed control laws;
``(II) to comply with a Federal or
State emergency pest treatment program;
or
``(III) to meet habitat needs of
specific wildlife species;
``(iii) any activity to be carried out on
the land of the owner or successor that is
immediately adjacent to, and functionally
related to, the land that is subject to the
easement if the activity will alter, degrade,
or otherwise diminish the functional value of
the land; and
``(iv) the adoption of any other practice
that would tend to defeat the purposes of the
conservation reserve program, as determined by
the Secretary; and
``(C) include any additional provision that the
Secretary determines is appropriate to carry out this
section or facilitate the practical administration of
this section.
``(2) Violation.--On the violation of a term or condition
of a conservation reserve easement--
``(A) the conservation reserve easement shall
remain in force; and
``(B) the Secretary may require the owner to refund
all or part of any payments received by the owner under
the program, with interest on the payments, as
determined appropriate by the Secretary.
``(3) Compatible uses.--Land subject to a conservation
reserve easement may be used for compatible economic uses,
including hunting and fishing, managed timber harvest, or
periodic haying or grazing, if the use--
``(A) is specifically permitted by the conservation
reserve easement plan developed for the land; and
``(B) is consistent with the long-term protection
and enhancement of the conservation resources for which
the easement was established.
``(f) Compensation.--
``(1) Determination.--
``(A) Permanent easements.--The Secretary shall pay
as compensation for a permanent conservation reserve
easement acquired under this section an amount
necessary to encourage enrollment of land in such a
conservation reserve easement, based on the lowest of--
``(i) the fair market value of the land, as
determined by the Secretary, using the Uniform
Standards of Professional Appraisal Practice or
an areawide market analysis or survey;
``(ii) the amount corresponding to a
geographical limitation, as determined by the
Secretary in regulations prescribed by the
Secretary; or
``(iii) the offer made by the landowner.
``(B) Other.--Compensation for a conservation
reserve easement that is not permanent due to a
restriction in applicable State law shall be not less
than 50 percent, but not more than 75 percent, of the
compensation that would be paid for a permanent
conservation reserve easement.
``(2) Form of payment.--Compensation for a conservation
reserve easement shall be provided by the Secretary in the form
of a cash payment, in an amount determined under paragraph (1).
``(3) Payments.--The Secretary may provide payment under
this paragraph to a landowner using--
``(A) 10 annual payments; or
``(B) 1 payment.
``(4) Timing.--The Secretary shall provide any annual
easement payment obligation under paragraph (3)(A) as early as
practicable in each fiscal year.
``(5) Payments to others.--The Secretary shall make a
payment, in accordance with regulations prescribed by the
Secretary, in a manner as the Secretary determines is fair and
reasonable under the circumstances, if an owner who is entitled
to a payment under this section--
``(A) dies;
``(B) becomes incompetent;
``(C) is succeeded by another person or entity who
renders or completes the required performance; or
``(D) is otherwise unable to receive the payment.
``(g) Technical Assistance.--
``(1) In general.--The Secretary shall assist owners in
complying with the terms and conditions of a conservation
reserve easement.
``(2) Contracts or agreements.--The Secretary may enter
into 1 or more contracts with private entities or agreements
with a State, nongovernmental organization, or Indian Tribe to
carry out necessary maintenance of a conservation reserve
easement if the Secretary determines that the contract or
agreement will advance the purposes of the conservation reserve
program.
``(h) Administration.--
``(1) Conservation reserve easement plan.--The Secretary
shall develop a conservation reserve easement plan for any land
subject to a conservation reserve easement, which shall include
practices and activities necessary to maintain, protect, and
enhance the conservation value of the enrolled land.
``(2) Delegation of easement administration.--
``(A) Federal, state, or local government
agencies.--The Secretary may delegate any of the
management, monitoring, and enforcement
responsibilities of the Secretary under this section to
other Federal, State, or local government agencies that
have the appropriate authority, expertise, and
resources necessary to carry out those delegated
responsibilities.
``(B) Conservation organizations.--The Secretary
may delegate any management responsibilities of the
Secretary under this section to conservation
organizations if the Secretary determines the
conservation organization has similar expertise and
resources.''.
SEC. 2108. ELIGIBLE LAND; STATE LAW REQUIREMENTS.
The Secretary shall revise paragraph (4) of section 1410.6(d) of
title 7, Code of Federal Regulations, to provide that land shall not be
ineligible for enrollment in the conservation reserve program
established under subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) under that
paragraph if the Deputy Administrator (as defined in section 1410.2(b)
of title 7, Code of Federal Regulations (or successor regulations)), in
consultation with the applicable State technical committee established
under section 1261(a) of the Food Security Act of 1985 (16 U.S.C.
3861(a)) determines, under such terms and conditions as the Deputy
Administrator, in consultation with the State technical committee,
determines to be appropriate, that making that land eligible for
enrollment in that program is in the best interests of that program.
Subtitle B--Conservation Stewardship Program
SEC. 2201. DEFINITIONS.
Section 1238D of the Food Security Act of 1985 (16 U.S.C. 3838d) is
amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(iii) development of a comprehensive
conservation plan, as defined in section
1238G(f)(1);
``(iv) soil health planning, including
planning to increase soil organic matter; and
``(v) activities that will assist a
producer to adapt to, or mitigate against,
increasing weather volatility.''; and
(2) in paragraph (7), by striking the period at the end and
inserting the following: ``through the use of--
``(A) quality criteria under a resource management
system;
``(B) predictive analytics tools or models
developed or approved by the Natural Resources
Conservation Service;
``(C) data from past and current enrollment in the
program; and
``(D) other methods that measure conservation and
improvement in priority resource concerns, as
determined by the Secretary.''.
SEC. 2202. ESTABLISHMENT.
(a) Extension.--Section 1238E(a) of the Food Security Act of 1985
(16 U.S.C. 3838e(a)) is amended in the matter preceding paragraph (1)
by striking ``2018'' and inserting ``2023''.
(b) Exclusions.--Section 1238E(b)(2) of the Food Security Act of
1985 (16 U.S.C. 3838e(b)(2)) is amended in the matter preceding
paragraph (1) by striking ``the Agricultural Act of 2014'' and
inserting ``the Agriculture Improvement Act of 2018''.
SEC. 2203. STEWARDSHIP CONTRACTS.
Section 1238F of the Food Security Act of 1985 (16 U.S.C. 3838f) is
amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Ranking of applications.--
``(A) In general.--In evaluating contract offers
submitted under subsection (a), the Secretary shall
rank applications based on--
``(i) the natural resource conservation and
environmental benefits that result from the
conservation treatment on all applicable
priority resource concerns at the time of
submission of the application;
``(ii) the degree to which the proposed
conservation activities increase natural
resource conservation and environmental
benefits; and
``(iii) other consistent criteria, as
determined by the Secretary.
``(B) Additional criterion.--If 2 or more
applications receive the same ranking under
subparagraph (A), the Secretary shall rank those
contracts based on the extent to which the actual and
anticipated conservation benefits from each contract
are provided at the lowest cost relative to other
similarly beneficial contract offers.''; and
(2) in subsection (e)--
(A) in paragraph (2)--
(i) by inserting ``new or improved'' after
``integrate''; and
(ii) by inserting ``demonstrating continued
improvement during the additional 5-year
period,'' after ``operation,''; and
(B) in paragraph (3)(B), by striking ``to exceed
the stewardship threshold of'' and inserting ``to adopt
or improve conservation activities, as determined by
the Secretary, to achieve higher levels of performance
with respect to not less than''.
SEC. 2204. DUTIES OF SECRETARY.
Section 1238G of the Food Security Act of 1985 (16 U.S.C. 3838g) is
amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Agricultural Act of 2014,
and ending on September 30, 2022'' and
inserting ``Agriculture Improvement Act of
2018, and ending on September 30, 2028''; and
(ii) by striking ``, to the maximum extent
practicable'';
(B) in paragraph (1)--
(i) by inserting ``to the maximum extent
practicable,'' before ``enroll''; and
(ii) by striking ``10,000,000'' and
inserting ``8,797,000''; and
(C) in paragraph (2)--
(i) by inserting ``notwithstanding any
other provision of this subchapter,'' before
``manage''; and
(ii) by striking ``all financial'' and all
that follows through the period at the end and
inserting the following: ``all--
``(A) financial assistance, including payments made
under subsections (d)(5), (e), and (f);
``(B) technical assistance; and
``(C) any other expenses associated with enrollment
or participation in the program.'';
(2) in subsection (d), by adding at the end the following:
``(5) Payment for cover crop activities.--Subject to the
restriction under subsection (c)(2), the amount of a payment
under this subsection for cover crop activities shall be not
less than 125 percent of the annual payment amount determined
by the Secretary under paragraph (2).'';
(3) in subsection (e)--
(A) in the subsection heading, by inserting ``and
Advanced Grazing Management'' after ``Rotations'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (1) and (4) as
paragraphs (2) and (1), respectively, and moving the
paragraphs so as to appear in numerical order;
(D) in paragraph (1) (as so redesignated)--
(i) by redesignating subparagraphs (A)
through (D) and (E) as clauses (i) through (iv)
and (vi), respectively, and indenting
appropriately;
(ii) by striking the paragraph designation
and all that follows through ``the term'' in
the matter preceding clause (i) (as so
redesignated) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Advanced grazing management.--The term
`advanced grazing management' means the use of a
combination of grazing practices (as determined by the
Secretary), which may include management-intensive
rotational grazing, that provide for--
``(i) improved soil health and carbon
sequestration;
``(ii) drought resilience;
``(iii) wildlife habitat;
``(iv) wildfire mitigation;
``(v) control of invasive plants; and
``(vi) water quality improvement.
``(B) Management-intensive rotational grazing.--The
term `management-intensive rotational grazing' means a
strategic, adaptively managed multipasture grazing
system in which animals are regularly and
systematically moved to fresh pasture in a manner
that--
``(i) maximizes the quantity and quality of
forage growth;
``(ii) improves manure distribution and
nutrient cycling;
``(iii) increases carbon sequestration from
greater forage harvest;
``(iv) improves the quality and quantity of
cover for wildlife;
``(v) provides permanent cover to protect
the soil from erosion; and
``(vi) improves water quality.
``(C) Resource-conserving crop rotation.--The
term''; and
(iii) in subparagraph (C) (as so
designated)--
(I) in clause (iv) (as so
redesignated), by striking ``and'' at
the end; and
(II) by inserting after clause (iv)
(as so redesignated) the following:
``(v) builds soil organic matter; and'';
(E) in paragraph (2) (as so redesignated), by
striking ``improve resource-conserving'' and all that
follows through the period at the end and inserting the
following: ``improve, manage, and maintain--
``(A) resource-conserving crop rotations; or
``(B) advanced grazing management.'';
(F) in paragraph (3)--
(i) by striking ``paragraph (1)'' and
inserting ``paragraph (2)''; and
(ii) by striking ``and maintain'' and all
that follows through the period at the end and
inserting ``or improve, manage, and maintain
resource-conserving crop rotations or advanced
grazing management for the term of the
contract.''; and
(G) by adding at the end the following:
``(4) Amount of payment.--Subject to the restriction under
subsection (c)(2), an additional payment provided under
paragraph (2) shall be not less than 150 percent of the annual
payment amount determined by the Secretary under subsection
(d)(2).'';
(4) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively;
(5) by inserting after subsection (e) the following:
``(f) Payment for Comprehensive Conservation Plan.--
``(1) Definition of comprehensive conservation plan.--In
this subsection, the term `comprehensive conservation plan'
means a conservation plan that meets or exceeds the stewardship
threshold for each priority resource concern identified by the
Secretary under subsection (a)(2).
``(2) Payment for comprehensive conservation plan.--Subject
to the restriction under subsection (c)(2), the Secretary shall
provide a 1-time payment to a producer that develops and
implements a comprehensive conservation plan.
``(3) Amount of payment.--The Secretary shall determine the
amount of payment under paragraph (2) based on--
``(A) the number of priority resource concerns
addressed in the comprehensive conservation plan; and
``(B) the number of types of land uses included in
the comprehensive conservation plan.'';
(6) in subsection (g) (as so redesignated)--
(A) by striking ``2014 through 2018'' and inserting
``2019 through 2023''; and
(B) by inserting ``or acequias'' after ``Indian
tribes''; and
(7) in subsection (i) (as so redesignated)--
(A) by striking the subsection designation and
heading and all that follows through ``The Secretary''
and inserting the following:
``(i) Organic Certification.--
``(1) Coordination.--The Secretary''; and
(B) by adding at the end the following:
``(2) Allocation.--
``(A) In general.--Using funds made available for
the program for each of fiscal years 2019 through 2023,
the Secretary shall allocate funding to States to
support organic production and transition to organic
production through paragraph (1).
``(B) Determination.--The Secretary shall determine
the allocation to a State under subparagraph (A) based
on--
``(i) the certified and transitioning
organic operations of the State; and
``(ii) the organic acreage of the State.'';
(8) in subsection (j) (as so redesignated), by striking
``subsection (f)'' and inserting ``subsection (g)''; and
(9) by adding at the end the following:
``(k) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and coordinated
procedures for the program and the environmental quality incentives
program under chapter 4, including applications, contracting,
conservation planning, conservation practices, and related
administrative procedures.
``(l) Soil Health.--To the maximum extent feasible, the Secretary
shall manage the program to enhance soil health.
``(m) Annual Report.--Each fiscal year, 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--
``(1) the national average rate of funding per acre for the
program for that fiscal year, including a description of
whether the program is managed in accordance with the
restriction under subsection (c)(2); and
``(2) the payment rates for conservation activities offered
to producers under the program and an analysis of whether
payment rates can be reduced for the most expensive
conservation activities.''.
Subtitle C--Environmental Quality Incentives Program
SEC. 2301. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(D) adapting to, and mitigating against,
increasing weather volatility; and''; and
(2) in paragraph (4)--
(A) by striking ``to make beneficial, cost
effective changes to production systems (including
conservation practices related to organic production)''
and inserting ``to address existing or new resource
concerns associated with changes to production systems,
including conservation practices related to organic
production''; and
(B) by striking ``livestock, pest or irrigation
management'' and inserting ``crops and livestock, pest
management, irrigation management, drought resiliency
measures''.
SEC. 2302. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended--
(1) by redesignating paragraphs (1) through (4) and (5) as
paragraphs (2) through (5) and (7), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Conservation planning survey.--The term `conservation
planning survey' means a plan that--
``(A) is developed by--
``(i) a State or unit of local government
(including a conservation district);
``(ii) a Federal agency; or
``(iii) a third-party provider certified
under section 1242(e) (including a certified
rangeland professional);
``(B) assesses rangeland or cropland function and
describes conservation activities to enhance the
economic and ecological management of that land;
``(C) can be incorporated into a comprehensive
planning document required by the Secretary for
enrollment in a conservation program of the Department
of Agriculture; and
``(D) provides recommendations for enrollment in
the program or other conservation programs of the
Department of Agriculture.'';
(3) in paragraph (2) (as so redesignated), in subparagraph
(B)--
(A) by redesignating clause (vi) as clause (vii);
and
(B) by inserting after clause (v) the following:
``(vi) Land that facilitates the avoidance
of crossing an environmentally sensitive area,
as determined by the Secretary.'';
(4) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A)--
(i) in clause (iv), by striking ``and'' at
the end;
(ii) by redesignating clause (v) as clause
(vii); and
(iii) by inserting after clause (iv) the
following:
``(v) soil tests for--
``(I) heavy metals, volatile
organic compounds, polycyclic aromatic
hydrocarbons, and other contaminants;
and
``(II) biological and physical soil
health;
``(vi) scientifically based soil
remediation practices to be carried out by the
producer, as determined by the Secretary;
and''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) by redesignating clause (ii) as clause
(v); and
(iii) by inserting after clause (i) the
following:
``(ii) resource-conserving crop rotation
planning;
``(iii) soil health planning, including
planning to increase soil organic matter;
``(iv) a conservation planning survey;
and''; and
(5) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Producer.--The term `producer' includes an
acequia.''.
SEC. 2303. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa-2)
is amended--
(1) in subsection (a), by striking ``2019'' and inserting
``2023'';
(2) in subsection (b)(2)--
(A) by striking ``A contract'' and inserting the
following:
``(A) In general.--A contract''; and
(B) by adding at the end the following:
``(B) Wildlife practices.--
``(i) In general.--In the case of a
contract under the program entered into solely
for the establishment of 1 or more annual
management practices for the benefit of
wildlife, notwithstanding any maximum contract
term established by the Secretary, the contract
shall have a term that does not exceed 10
years.
``(ii) Inclusions.--A contract under the
program may include a practice that provides
incentives to producers to--
``(I) carry out postharvest
flooding to provide seasonal wetland
habitat for waterfowl and migratory
birds during the fall and winter
months; and
``(II) maintain the hydrology of
temporary and seasonal wetlands of not
more than 2 acres in order to maintain
waterfowl and migratory bird habitat on
working cropland.'';
(3) in subsection (d)--
(A) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``Not more than''
and inserting ``The Secretary shall
provide at least'';
(II) by striking ``may be
provided''; and
(III) by striking ``the purpose
of'' and inserting ``all costs related
to'';
(ii) in clause (ii), by striking ``90-day''
and inserting ``180-day''; and
(iii) by adding at the end the following:
``(iii) Option to opt out.--A producer
described in subparagraph (A) shall be given
the opportunity to opt out of the advance
payments under clause (i).''; and
(B) by adding at the end the following:
``(7) Review and guidance for cost share rates.--
``(A) In general.--Not later than 365 days after
the date of enactment of this paragraph, the Secretary
shall--
``(i) review the cost share rates of
payments made to producers for practices on
eligible land under this section; and
``(ii) evaluate whether those rates are the
least costly rates of payment that--
``(I) encourage participation in
the program; and
``(II) encourage implementation of
the most effective practices to address
local natural resource concerns on
eligible land.
``(B) Guidance.--
``(i) In general.--The Secretary shall
issue guidance to States to consider the use of
the least costly rate of payment to producers
for practices.
``(ii) Considerations.--In determining the
least costly rate of payment to producers under
clause (i), the Secretary shall consider the
rate of payment that--
``(I) encourages participation in
the program; and
``(II) most effectively addresses
local natural resource concerns on
eligible land.
``(8) Review of conservation practice standards.--
``(A) Review.--Not later than 365 days after the
date of enactment of this paragraph, the Secretary
shall review conservation practice standards under the
program to evaluate opportunities to increase
flexibility within conservation practice standards
while ensuring equivalent natural resource benefits.
``(B) Guidance.--If the Secretary identifies under
subparagraph (A) a conservation practice standard that
can be modified to provide more flexibility without
compromising natural resource benefits, the Secretary
shall issue guidance for revising the applicable
conservation practice standard.
``(9) Increased payments for high-priority practices.--
``(A) State determination.--Each State, in
consultation with the State technical committee
established under section 1261(a) for the State, may
designate 10 practices to be eligible for increased
payments under subparagraph (B), on the condition that
the practice, as determined by the Secretary--
``(i) has received a high Natural Resources
Conservation Service evaluation score for
addressing specific causes of impairment
relating to excessive nutrients in groundwater
or surface water;
``(ii) meets other environmental
priorities; and
``(iii) is geographically targeted to
address a natural resource concern in a
specific watershed.
``(B) Increased payments.--Notwithstanding
paragraph (2), the Secretary may increase the amount
that would otherwise be provided for a practice under
this subsection to not more than 90 percent of the
costs associated with planning, design, materials,
equipment, installation, labor, management,
maintenance, or training.'';
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``2014 through 2018'' and
inserting ``2019 through 2023'';
(ii) by striking ``60'' and inserting
``50''; and
(iii) by striking ``production.'' and
inserting ``production, including grazing
management practices.'';
(B) in paragraph (2)--
(i) by striking ``For each'' and inserting
the following:
``(A) Fiscal years 2014 through 2018.--For each'';
and
(ii) by adding at the end the following:
``(B) Fiscal years 2019 through 2023.--For each of
fiscal years 2019 through 2023, at least 10 percent of
the funds made available for payments under the program
shall be targeted at practices benefitting wildlife
habitat under subsection (g).''; and
(C) by adding at the end the following:
``(3) Review of process for determining annual funding
allocations to states.--
``(A) In general.--Not later than 365 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall review the process for
determining annual funding allocations to States under
the program.
``(B) Considerations.--In conducting the review
under subparagraph (A), the Secretary shall consider--
``(i) the roles of, in determining annual
funding allocations to States--
``(I) relevant data on local
natural resource concerns, including
the outcomes of the Conservation
Effects Assessment Project carried out
by the Natural Resources Conservation
Service; and
``(II) the recommendations of State
technical committees established under
section 1261(a) and other local
stakeholder input;
``(ii) how to utilize the data and local
input described in subclauses (I) and (II) of
clause (i) such that, to the maximum extent
practicable, consideration of local natural
resource concerns is a leading factor when
determining annual funding allocations to
States; and
``(iii) the process used at the national
level to evaluate State budget proposals and
allocate funds to achieve priority natural
resource objectives, including the factors
considered in ranking State proposals.'';
(5) in subsection (h)--
(A) in paragraph (1), by striking ``practice.'' and
inserting the following: ``practice, including--
``(i) a conversion to a less water-
intensive agricultural commodity or practice;
or
``(ii) a resource-conserving crop
rotation.''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or''
at the end;
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(C) the water conservation or irrigation practice
addresses regional drought control efforts.'';
(6) in subsection (i)(3), by striking ``$20,000 per year or
$80,000 during any 6-year period'' and inserting ``$160,000
during the period of fiscal years 2019 through 2023''; and
(7) by adding at the end the following:
``(j) Micro-EQIP Pilot Program.--
``(1) In general.--On request of not more than 10 States,
the Secretary may establish under the environmental quality
incentives program a pilot program in that State under which
the Secretary may--
``(A) provide financial and technical assistance to
small-scale agricultural producers, including beginning
farmers and ranchers and limited resource producers,
that enter into contracts with the Secretary under the
pilot program to address natural resource concerns
relating to production on small-scale agricultural
operations; and
``(B) conduct outreach to small-scale agricultural
producers to increase participation in the pilot
program.
``(2) Payments.--
``(A) In general.--The Secretary shall determine
whether a small-scale agricultural producer is eligible
to receive payments under this subsection--
``(i) on a State-by-State basis;
``(ii) in consultation with the technical
committee established under section 1261(a) of
the State in which the small-scale agricultural
producer is located; and
``(iii) based on factors that may include--
``(I) the operations of a small-
scale agricultural producer, including
with respect to adjusted gross income
and gross sales;
``(II) demographic data relating to
small-scale agricultural producers
compiled by the National Agricultural
Statistics Service; and
``(III) other relevant information,
as determined by the Secretary.
``(B) Amount.--The Secretary shall provide payments
under this subsection to a producer that is eligible
for the payments under subparagraph (A) in an amount
that the Secretary determines is necessary to achieve
the purpose described in paragraph (1)(A).
``(3) Applications.--
``(A) In general.--To be eligible to receive
financial and technical assistance under this
subsection, a producer that is eligible for the
assistance under paragraph (2)(A) shall submit to the
Secretary an application at such time, in such manner,
and containing such information as the Secretary may
require.
``(B) Administration.--To the maximum extent
practicable, the Secretary shall limit the
administrative burdens, and the regulatory barriers
that contribute to administrative burdens, on producers
applying for payments under this subsection, including
by streamlining the application and approval processes
for payments.
``(4) Pilot program coordinator.--The Secretary may
designate a pilot program coordinator in each State who--
``(A) at the time of designation is an employee of
the Natural Resources Conservation Service in that
State; and
``(B) shall be responsible for--
``(i) public outreach relating to the pilot
program under this subsection;
``(ii) assisting producers in the
submission of applications under the pilot
program; and
``(iii) distributing financial and
technical assistance under this subsection in
that State.
``(5) Report.--Not later than May 1, 2022, 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 results of
the pilot program under this subsection, including--
``(A) steps taken under paragraph (3)(B) to limit
administrative burdens and regulatory barriers; and
``(B) to the maximum extent practicable,
demographic information about each small-scale
agricultural producer participating in the pilot
program.''.
SEC. 2304. EVALUATION OF APPLICATIONS.
Section 1240C(a) of the Food Security Act of 1985 (16 U.S.C.
3839aa-3(a)) is amended--
(1) by striking ``that will ensure'' and inserting the
following: ``that shall--
``(1) ensure'';
(2) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(2) give priority to the consideration of the most
effective practices to address natural resource concerns on
eligible land.''.
SEC. 2305. DUTIES OF THE SECRETARY.
Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa-6)
is amended--
(1) by striking ``To the extent appropriate,'' and
inserting the following:
``(a) Assistance to Producers.--To the extent appropriate,''; and
(2) by adding at the end the following:
``(b) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall--
``(1) provide for streamlined and coordinated procedures
for the program and the conservation stewardship program under
subchapter B of chapter 2, including applications, contracting,
conservation planning, conservation practices, and related
administrative procedures; and
``(2) coordinate management of the program and the
conservation stewardship program under subchapter B of chapter
2 to facilitate the ability of a participant in the program to
enroll in the conservation stewardship program after meeting
the stewardship threshold (as defined in section 1238D) for not
less than 2 priority resource concerns under that program.
``(c) Soil Health.--To the maximum extent feasible, the Secretary
shall manage the program to enhance soil health.''.
SEC. 2306. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C.
3839aa-5(a)(3)) is amended by inserting ``progressive'' before
``implementation''.
SEC. 2307. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively;
(B) by inserting after subparagraph (D) the
following:
``(E) partner with farmers to develop innovative
conservation practices for urban, indoor, or other
emerging agricultural practices to increase--
``(i) green space;
``(ii) pollinator habitat;
``(iii) stormwater management;
``(iv) carbon sequestration; and
``(v) access to agricultural production
sites through land tenure agreements and other
contracts;'';
(C) in subparagraph (F) (as so redesignated), by
striking ``and'' at the end;
(D) in subparagraph (G) (as so redesignated), by
striking the period at the end and inserting ``; and'';
and
(E) by adding at the end the following:
``(H) utilize edge-of-field and other monitoring
practices on farms--
``(i) to quantify the impacts of
conservation practices utilized under the
program; and
``(ii) to assist producers in making the
best conservation investments for their
operation.''; and
(2) in subsection (b)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 2308. SOIL HEALTH DEMONSTRATION PILOT PROJECT.
Chapter 4 of subtitle D of title XII of the Food Security Act of
1985 (16 U.S.C. 3839aa et seq.) is amended by adding at the end the
following:
``SEC. 1240I. SOIL HEALTH DEMONSTRATION PILOT PROJECT.
``(a) In General.--The Secretary shall carry out a pilot project
that provides financial incentives, as determined by the Secretary, to
producers to adopt practices designed to improve soil health, including
by increasing carbon levels in soil (or `soil carbon levels').
``(b) Requirements.--In establishing the pilot project under
subsection (a), the Secretary shall--
``(1) identify geographic regions of the United States,
including not less than 1 drought prone region, based on
factors such as soil type, cropping history, and water
availability, in which to establish the pilot project;
``(2) establish payments to provide an incentive for the
use of practices approved under the pilot project that--
``(A) improve soil health;
``(B) increase carbon levels in the soil; or
``(C) meet the goals described in subparagraphs (A)
and (B); and
``(3) establish protocols for measuring carbon levels in
soil to measure gains in soil health as a result of the
practices used in the pilot project.
``(c) Study; Report to Congress.--
``(1) Study.--Not later than September 30, 2022, the
Secretary shall conduct a study regarding changes in soil
health, and, if feasible, economic outcomes, as a result of the
practices used in the pilot project established under
subsection (a).
``(2) Report to congress.--Not later than September 30,
2023, the Secretary shall submit to Congress a report
describing and analyzing the results of the study conducted
under paragraph (1).
``(d) Funding.--Of the funds made available to carry out this
chapter, the Secretary may use to carry out the pilot project under
subsection (a) $15,000,000 for each of fiscal years 2019 through
2023.''.
Subtitle D--Other Conservation Programs
SEC. 2401. WETLAND CONSERVATION.
Section 1222(c) of the Food Security Act of 1985 (16 U.S.C.
3822(c)) is amended by inserting before the period at the end the
following: ``in the presence of the person that has received a notice
of ineligibility under this section, as long as the person makes
themselves available for the on-site visit''.
SEC. 2402. CONSERVATION SECURITY PROGRAM.
Subchapter A of chapter 2 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3838 et seq.) is repealed.
SEC. 2403. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb)
is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(C) Partnerships.--In carrying out the program
under this section, the Secretary shall provide
education and outreach activities through partnerships
with--
``(i) land-grant colleges and universities
(as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); and
``(ii) nongovernmental organizations.'';
and
(2) in subsection (e), by striking ``2018'' and inserting
``2023''.
SEC. 2404. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the
following:
``SEC. 1240N. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
``(a) Definition of Eligible Land.--In this section:
``(1) In general.--The term `eligible land' means land
that--
``(A) is selected by the owner or operator of the
land for proposed enrollment in the program under this
section; and
``(B) as determined by the Secretary--
``(i) had a cropping history or was
considered to be planted during the 3 crop
years preceding the crop year described in
subsection (b)(2); and
``(ii) is verified to be less-productive
land, as compared to other land on the
applicable farm.
``(2) Exclusion.--The term `eligible land' does not include
any land covered by a conservation reserve program contract
under subchapter B of chapter 1 that expires during the crop
year described in subsection (b)(2).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a
voluntary soil health and income protection program under which
eligible land is enrolled through the use of agreements to
assist owners and operators of eligible land to conserve and
improve the soil, water, and wildlife resources of the eligible
land.
``(2) Deadline for participation.--Eligible land may be
enrolled in the program under this section only during the
first crop year beginning after the date of enactment of the
Agriculture Improvement Act of 2018.
``(c) Agreements.--
``(1) Requirements.--An agreement described in subsection
(b) shall--
``(A) be entered into by the Secretary, the owner
of the eligible land, and (if applicable) the operator
of the eligible land; and
``(B) provide that, during the term of the
agreement--
``(i) the lowest practicable cost perennial
conserving use cover crop for the eligible
land, as determined by the applicable State
conservationist after considering the advice of
the applicable State technical committee, shall
be planted on the eligible land;
``(ii) except as provided in paragraph (5),
the owner or operator of the eligible land
shall pay the cost of planting the conserving
use cover crop under clause (i);
``(iii) subject to paragraph (6), the
eligible land may be harvested for seed, hayed,
or grazed outside the nesting and brood-rearing
period established for the applicable county;
``(iv) the eligible land may be eligible
for a walk-in access program of the applicable
State, if any; and
``(v) a nonprofit wildlife organization may
provide to the owner or operator of the
eligible land a payment in exchange for an
agreement by the owner or operator not to
harvest the conserving use cover.
``(2) Payments.--Except as provided in paragraphs (5) and
(6)(B)(ii), the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to 50
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(3) Limitation on enrolled land.--Not more than 15
percent of the eligible land on a farm may be enrolled in the
program under this section.
``(4) Term.--
``(A) In general.--Except as provided in
subparagraph (B), each agreement described in
subsection (b) shall be for a term of 3, 4, or 5 years,
as determined by the parties to the agreement.
``(B) Early termination.--
``(i) Secretary.--The Secretary may
terminate an agreement described in subsection
(b) before the end of the term described in
subparagraph (A) if the Secretary determines
that the early termination of the agreement is
necessary.
``(ii) Owners and operators.--An owner and
(if applicable) an operator of eligible land
enrolled in the program under this section may
terminate an agreement described in subsection
(b) before the end of the term described in
subparagraph (A) if the owner and (if
applicable) the operator pay to the Secretary
an amount equal to the amount of rental
payments received under the agreement.
``(5) Beginning, small, socially disadvantaged, young, or
veteran farmers and ranchers.--With respect to a beginning,
small, socially disadvantaged, young, or veteran farmer or
rancher, as determined by the Secretary--
``(A) an agreement described in subsection (b)
shall provide that, during the term of the agreement,
the beginning, underserved, or young farmer or rancher
shall pay 50 percent of the cost of planting the
conserving use cover crop under paragraph (1)(B)(i);
and
``(B) the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to
75 percent of the average rental rate for the
applicable county under section 1234(d), as determined
by the Secretary.
``(6) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under paragraph (1)(B)(iii) outside of the
nesting and brood-rearing period established for the applicable
county shall be subject to the conditions that--
``(A) with respect to eligible land that is so
hayed or grazed, adequate stubble height shall be
maintained to protect the soil on the eligible land, as
determined by the applicable State conservationist
after considering the advice of the applicable State
technical committee; and
``(B) with respect to eligible land that is so
harvested for seed--
``(i) the eligible land shall not be
eligible to be insured or reinsured under the
Federal Crop Insurance Act (7 U.S.C. 1501 et
seq.); and
``(ii) the rental payment otherwise
applicable to the eligible land under this
subsection shall be reduced by 25 percent.
``(d) Funding.--There are authorized to be appropriated such sums
as are necessary to carry out this section.''.
SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb-2)
is amended by striking subsection (b) and inserting the following:
``(b) 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.''.
SEC. 2406. SOIL TESTING AND REMEDIATION ASSISTANCE.
Chapter 5 of subtitle D of title XII of the Food Security Act of
1985 is amended by inserting after section 1240O (16 U.S.C. 3839bb-2)
the following:
``SEC. 1240P. SOIL TESTING AND REMEDIATION ASSISTANCE.
``(a) Definition of Producer.--In this section, the term `producer'
includes a small-scale producer of food.
``(b) Soil Health and Quality.--To improve the health and quality
of the soil used for agricultural production, the Secretary shall work
with producers to mitigate the presence of contaminants in soil,
including by carrying out subsections (c), (d), and (e).
``(c) Soil Testing Protocol.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
establish a coordinated soil testing protocol to simplify the
process used by producers to evaluate soil health, including
testing for--
``(A) the optimal level of constituents in and
characteristics of the soil, such as organic matter,
nutrients, and the potential presence of soil
contamination from heavy metals, volatile organic
compounds, polycyclic aromatic hydrocarbons, or other
contaminants; and
``(B) biological and physical characteristics
indicative of proper soil functioning.
``(2) Public availability.--The Secretary shall make the
soil testing protocol established under paragraph (1) available
to the public.
``(d) Soil Assessment and Remediation Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance to a producer carrying out a soil assessment or soil
remediation practice that shall include--
``(A) an overall review of the health of the soil
used by the producer for agricultural production;
``(B) testing of the soil, if applicable, to
determine the suitability of the soil for agricultural
production;
``(C) based on the results of the soil tested under
subparagraph (B), a consultation with the producer and
a determination of the quality, health, and level of
contamination of the soil adequate--
``(i) to protect against a health risk to
producers;
``(ii) to limit contaminants from entering
agricultural products for human consumption;
and
``(iii) to regenerate and sustain the soil;
and
``(D) recommendations on methods to conduct
remediation or soil building efforts to improve soils
and ensure that the producers--
``(i) are not growing products in soils
with high levels of heavy metals, volatile
organic compounds, polycyclic aromatic
hydrocarbons, or other contaminants;
``(ii) have appropriate information
regarding financial resources and conservation
practices available to keep soil healthy,
including practices, as defined in section
1240A; and
``(iii) are given information about
experts, including experts outside of the
Natural Resources Conservation Service, that
may provide assistance to producers to oversee
and monitor soil under remediation or
regeneration to ensure soils are suitable for
agricultural production in the future.
``(2) Education and outreach.--The Secretary shall conduct
education and outreach to producers regarding the uses of soil
and methods of addressing soil contamination and soil health
degradation.
``(e) Referral.--On the request of a producer, where soil is found
to pose an imminent hazard to human health, the Secretary may refer the
producer to the Administrator of the Environmental Protection Agency
for additional assistance for remediation under section 104(k) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)).''.
SEC. 2407. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
(a) Conservation Innovation Grants and Payments.--Section 1240H of
the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is amended--
(1) in the section heading, by striking ``grants'' and
inserting ``grants, voluntary public access and habitat
incentive program,''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modifications and Merging of Provisions.--Section 1240R of the
Food Security Act of 1985 (16 U.S.C. 3839bb-5) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by redesignating
subparagraphs (A) and (B) as clauses (i) and (ii),
respectively, and indenting appropriately; and
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) in subsection (c), by redesignating paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively, and
indenting appropriately;
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section'' and
inserting ``subsection''; and
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(4) in subsection (e), by striking ``section'' and
inserting ``subsection'';
(5) by striking subsection (f);
(6) by redesignating subsections (a) through (e) as
paragraphs (1) through (5), respectively, and indenting
appropriately;
(7) by adding at the end the following:
``(6) Funding.--Of the funds made available to carry out
this chapter, the Secretary shall use to carry out this
subsection $40,000,000 for the period of fiscal years 2019
through 2023.'';
(8) by striking the section designation and heading and all
that follows through ``The Secretary shall establish a
voluntary public access program'' in paragraph (1) (as so
redesignated) and inserting the following:
``(c) Voluntary Public Access and Habitat Incentive Program.--
``(1) In general.--Out of the funds made available to carry
out this chapter, the Secretary shall carry out a voluntary
public access program (referred to in this subsection as the
`program')''; and
(9) by moving subsection (c) (as so amended and
redesignated) so as to appear after subsection (b) of section
1240H (16 U.S.C. 3839aa-8) (as amended by subsection (a)(2)).
SEC. 2408. AGRICULTURE CONSERVATION EXPERIENCED SERVICES PROGRAM.
Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is
amended by adding at the end the following:
``(e) Termination of Effectiveness.--The authority provided by this
section terminates effective October 1, 2023.''.
SEC. 2409. REMOTE TELEMETRY DATA SYSTEM.
The Food Security Act of 1985 is amended by inserting after section
1252 (16 U.S.C. 3851) the following:
``SEC. 1253. REMOTE TELEMETRY DATA SYSTEM.
``(a) Finding.--Congress finds that a remote telemetry data system,
as used for irrigation scheduling--
``(1) combines the use of field, weather, crop, soil, and
irrigation data to ensure that the precise quantity of
necessary water is applied to crops; and
``(2) saves water and energy while sustaining or increasing
crop yields.
``(b) Best Practice.--In carrying out the environmental quality
incentives program established under chapter 4 of subtitle D, the
Secretary shall encourage as a best management practice the use of
remote telemetry data systems for irrigation scheduling.''.
SEC. 2410. AGRICULTURAL CONSERVATION EASEMENT PROGRAM.
(a) Purposes.--Section 1265(b)(3) of the Food Security Act of 1985
(16 U.S.C. 3865(b))(3) is amended by inserting ``that may negatively
impact the agricultural uses and conservation values'' before ``;
and''.
(b) Definitions.--Section 1265A of the Food Security Act of 1985
(16 U.S.C. 3865a) is amended--
(1) in paragraph (1)(B), by striking ``subject to an
agricultural land easement plan, as approved by the
Secretary'';
(2) in paragraph (2)(A), by striking ``government or an
Indian tribe'' and inserting ``government, an Indian tribe, or
an acequia''; and
(3) in paragraph (3)--
(A) in subparagraph (A)(i), by striking ``entity;''
and inserting ``entity, unless the land will be
enrolled in an agricultural land easement under
subparagraph (B);'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) by inserting after subparagraph (A) the
following:
``(B) in the case of an agricultural land easement,
agricultural land that meets the conditions described
in clauses (ii) and (iii) of subparagraph (A) that is
owned by an organization described in paragraph (2)(B),
on the conditions that--
``(i) if the organization that owns the
land is also the eligible entity that would
hold the agricultural land easement, the
organization that owns the land shall certify
to the Secretary on submission of the
application that the land will be owned by a
farmer or rancher that is not an organization
described in paragraph (2)(B) on acquisition of
the agricultural land easement;
``(ii) if the organization that owns the
land is not the eligible entity that would hold
the agricultural land easement, the
organization that owns the land shall certify,
through an agreement, contract, or guarantee
with the Secretary on submission of the
application, that the organization will
identify a farmer or rancher that is not an
organization described in paragraph (2)(B) and
effect the timely subsequent transfer of the
ownership of the land to that farmer or rancher
after the date of acquisition of the
agricultural land easement; and
``(iii) if the organization that certified
the timely subsequent transfer of the ownership
of the land under clause (ii) breaches the
agreement, contract, or guarantee without
justification and without a plan to effect the
timely transfer of the land, that organization
shall reimburse the Secretary for the entire
amount of the Federal share of cost of each
applicable agricultural land easement.''.
(c) Agricultural Land Easements.--Section 1265B of the Food
Security Act of 1985 (16 U.S.C. 3865b) is amended--
(1) in subsection (a)(2), by striking ``provide'' and all
that follows through the period at the end and inserting
``implement the program, including technical assistance with
the development of a conservation plan under subsection
(b)(3).''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), in the matter
preceding clause (i), by striking ``paragraph
(4)'' and inserting ``paragraph (5)''; and
(ii) in subparagraph (B), by striking
clause (ii) and inserting the following:
``(ii) Non-federal share.--The non-Federal
share provided by an eligible entity under
clause (i) may comprise--
``(I) a charitable donation or
qualified conservation contribution (as
defined in section 170(h) of the
Internal Revenue Code of 1986) from the
private landowner from which the
agricultural land easement will be
purchased;
``(II) costs associated with
securing a deed to the agricultural
land easement, including the cost of
appraisal, survey, inspection, and
title; and
``(III) other costs, as determined
by the Secretary.'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Condition on assistance.--An eligible entity applying
for cost-share assistance under this subsection shall develop
an agricultural land easement plan--
``(A) with the landowner of the eligible land
subject to the agricultural land easement; and
``(B) that--
``(i) describes the natural resource
concerns on the eligible land subject to the
agricultural land easement;
``(ii) describes the conservation measures
and practices that the landowner of the
eligible land subject to the agricultural land
easement may employ to address the concerns
under clause (i);
``(iii) in the case of grasslands of
special environmental significance, requires
the management of grasslands according to a
grasslands management plan; and
``(iv) in the case of highly erodible
cropland, requires the implementation of a
conservation plan that includes, at the option
of the Secretary, the conversion of highly
erodible cropland to less intensive uses.'';
(D) in paragraph (4) (as so redesignated)--
(i) in subparagraph (B)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
and''; and
(III) by adding at the end the
following:
``(iii) consultation with the appropriate
State technical committee established under
section 1261 to adjust evaluation and ranking
criteria to account for geographic nuances if
those adjustments--
``(I) meet the purposes of the
program; and
``(II) continue to maximize the
benefits of Federal investment under
the program.''; and
(ii) by adding at the end the following:
``(D) Priority.--In evaluating applications under
the program, the Secretary may give priority to an
application for the purchase of an agricultural land
easement that, as determined by the Secretary,
maintains agricultural viability.'';
(E) in paragraph (5) (as so redesignated)--
(i) in subparagraph (B)(i), by striking
``paragraph (5)'' and inserting ``paragraph
(6)'';
(ii) in subparagraph (C)--
(I) in clause (i), by inserting
``and the agricultural activities to be
conducted on the eligible land'' after
``program''; and
(II) by striking clause (iv) and
inserting the following:
``(iv) exclude a right of inspection,
unless the eligible entity fails to provide
monitoring reports to the Secretary;'';
(iii) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F),
respectively; and
(iv) by inserting after subparagraph (C)
the following:
``(D) Additional permitted terms and conditions.--
An eligible entity may include terms and conditions for
an agricultural land easement that--
``(i) are intended to keep the land subject
to the agricultural land easement in farmer
ownership, as determined by the Secretary; and
``(ii) include other relevant activities
relating to the agricultural land easement, as
determined by the Secretary.''; and
(F) in paragraph (6) (as so redesignated)--
(i) in subparagraph (B)--
(I) in clause (iii), by
redesignating subclauses (I) through
(III) as items (aa) through (cc),
respectively, and indenting
appropriately;
(II) by redesignating clauses (i)
through (iii) as subclauses (I) through
(III), respectively, and indenting
appropriately;
(III) in the matter preceding
subclause (I) (as so redesignated), by
striking ``entity will'' and inserting
the following: ``eligible entity--
``(i) will'';
(IV) in clause (i)(III)(cc) (as so
redesignated), by striking the period
at the end and inserting a semicolon;
and
(V) by adding at the end the
following:
``(ii) 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 10
agricultural land easements under the
program; and
``(III) successfully met the
responsibilities of the eligible entity
under the applicable agreements with
the Secretary, as determined by the
Secretary, relating to agricultural
land easements that the eligible entity
has acquired under the program; or
``(iii) is a State department of
agriculture or other State agency with
statutory authority for farm and ranchland
protection that has--
``(I) acquired not fewer than 10
agricultural land easements under the
program; and
``(II) successfully met the
responsibilities of the eligible entity
under the applicable agreements with
the Secretary, as determined by the
Secretary, relating to agricultural
land easements that the eligible entity
has acquired under the program.'';
(ii) by redesignating subparagraph (C) as
subparagraph (D); and
(iii) by inserting after subparagraph (B)
the following:
``(C) Terms and conditions.--Notwithstanding
paragraph (5)(C), to account for geographic and other
differences among States and regions, an eligible
entity certified under subparagraph (A) may use terms
and conditions established by the eligible entity for
agricultural land easements, on the condition that
those terms and conditions shall be consistent with the
purposes of the program.''.
(d) Wetland Reserve Easements.--Section 1265C of the Food Security
Act of 1985 (16 U.S.C. 3865c) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(D), by inserting ``and
acequias'' after ``Indian tribes''; and
(B) in paragraph (3)--
(i) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end;
(II) by redesignating clause (iv)
as clause (v); and
(III) by inserting after clause
(iii) the following:
``(iv) the ability of the land to sequester
carbon; and''; and
(ii) in subparagraph (C), by inserting
``and improving water quality'' before the
period at the end;
(2) in subsection (d)(2), by striking ``or Indian tribe''
and inserting ``Indian tribe, or acequia'';
(3) in subsection (e), by striking ``or Indian tribe'' and
inserting ``Indian tribe, or acequia''; and
(4) in subsection (f)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Native vegetation.--The Secretary may allow the
establishment or restoration of an alternative vegetative
community on the entirety of the eligible land subject to a
wetland reserve easement if that alternative vegetative
community--
``(A) will substantially support or benefit
migratory waterfowl or other wetland wildlife; or
``(B) will meet local resource concerns or needs
(including as an element of a regional, State, or local
wildlife initiative or plan).''.
(e) Administration.--Section 1265D of the Food Security Act of 1985
(16 U.S.C. 3865d) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``subject to
paragraph (2),'' before ``lands owned'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Land owned by acequias.--Notwithstanding paragraph
(1)(B), the Secretary may use program funds for the purpose of
acquiring an easement on land owned by an acequia.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``transferred
into the program'' and inserting ``enrolled in an
easement under section 1265C(b)''; and
(B) by adding at the end the following:
``(3) Agricultural land easements.--A farmer or rancher who
owns eligible land subject to an agricultural land easement may
enter into a contract under subchapter B of chapter 1.''.
SEC. 2411. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
(a) Establishment and Purposes.--Section 1271 of the Food Security
Act of 1985 (16 U.S.C. 3871) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
grant agreements under section 1271C(d),'' after
``partnership agreements''; and
(B) in paragraph (2), by striking ``contracts with
producers'' and inserting ``program contracts with
eligible producers''; and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``use covered programs''
and inserting ``carry out conservation activities'';
(B) by striking paragraph (2) and inserting the
following:
``(2) To further the conservation, protection, restoration,
and sustainable use of soil, water (including sources of
drinking water), wildlife, agricultural land, and related
natural resources on eligible land on a regional or watershed
scale.'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph
(A), by inserting ``eligible'' before
``producers''; and
(ii) in subparagraph (B), by striking
``installation'' and inserting ``adoption,
installation,''; and
(D) by adding at the end the following:
``(4) To encourage the flexible and streamlined delivery of
conservation assistance to eligible producers through
partnership agreements.
``(5) To encourage alignment of partnership projects with
other Federal, State, and local agencies and programs
addressing similar natural resource or environmental concerns
in a coordinated manner.
``(6) To engage eligible producers in conservation projects
to achieve greater conservation outcomes and benefits for
eligible producers than would otherwise be achieved.
``(7) To advance conservation and rural community
development goals simultaneously.''.
(b) Definitions.--Section 1271A of the Food Security Act of 1985
(16 U.S.C. 3871a) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
inserting ``a purpose, activity, or agreement under any
of'' after ``means''; and
(B) by adding at the end the following:
``(E) The conservation reserve program established
under subchapter B of chapter 1 of subtitle D.
``(F) The program established by the Secretary to
carry out the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001 et seq.), except for any program
established by the Secretary to carry out section 14
(16 U.S.C. 1012) of that Act.'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Eligible activity.--The term `eligible activity'
means--
``(A) an eligible activity under the statutory
authority for a covered program; and
``(B) any other related activity that an eligible
partner determines will help address natural resource
concerns, subject to the approval of the Secretary,
including for--
``(i) the protection of source waters for
drinking water;
``(ii) soil health; or
``(iii) improving drought resilience,
particularly in regions with a history of
persistent drought.
``(3) Eligible land.--The term `eligible land' means--
``(A) eligible land under the statutory authority
for a covered program; and
``(B) any other agricultural or nonindustrial
private forest land or associated land on which the
Secretary determines an eligible activity would help
address natural resource concerns.'';
(3) in paragraph (4)--
(A) in subparagraph (E), by inserting ``acequia,''
after ``irrigation district,''; and
(B) by adding at the end the following:
``(I) An organization described in clause (i),
(ii), or (iii) of section 1265A(2)(B).
``(J) A conservation district.'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (4) the following:
``(5) Eligible producer.--The term `eligible producer'
means a person, legal entity, or Indian tribe that is an owner
or operator on eligible land.''; and
(6) by adding at the end the following:
``(8) Program contract.--The term `program contract' means
the contract established by the Secretary under section
1271C(b)(1).''.
(c) Regional Conservation Partnerships.--Section 1271B of the Food
Security Act of 1985 (16 U.S.C. 3871b) is amended--
(1) in subsection (a), by inserting ``eligible'' before
``producers'';
(2) by striking subsection (b) and inserting the following:
``(b) Maximum Length.--
``(1) In general.--Except as provided in paragraph (2), the
term of a partnership agreement shall not be longer than 5
years.
``(2) Exceptions.--
``(A) Concurrent program deadline.--Subject to
approval by the Secretary, the term of a partnership
agreement may be longer than 5 years if the longer
period is concurrent with a deadline established under
a State or Federal program that relates specifically to
the project.
``(B) Special circumstances.--In the case of
special circumstances outside the control of an
eligible partner (as determined by the Secretary) that
have created a delay in the implementation of a project
of the eligible partner, the eligible partner may
request an extension of the term of the partnership
agreement.
``(3) Partnership agreement renewals.--If an eligible
partner demonstrates to the satisfaction of the Secretary that
the eligible partner has made progress in addressing 1 or more
natural resource concerns defined in the partnership agreement,
not earlier than 1 year before the date of expiration of the
partnership agreement, the eligible partner may request from
the Secretary a renewal of the partnership agreement, including
a renewal of funding, through an expedited approval process--
``(A) to continue to implement the partnership
agreement;
``(B) to expand the scope of the partnership
agreement;
``(C) to enroll additional eligible producers; or
``(D) to carry out other conservation activities
relating to the project, including the assessment of
the project under subsection (c)(1)(E), as mutually
agreed by the Secretary and the eligible partner.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by redesignating clauses (iii)
and (iv) as clauses (iv) and (v),
respectively; and
(II) by striking clauses (i) and
(ii) and inserting the following:
``(i) 1 or more natural resource concerns
that the project shall address;
``(ii) the eligible activities on eligible
land to be conducted under the project to
address the natural resource concerns;
``(iii) the implementation timeline for
carrying out the project, including any interim
milestones;'';
(ii) in subparagraph (B), by inserting
``eligible'' before ``producers'';
(iii) in subparagraph (C), by striking ``a
producer'' each place it appears and inserting
``an eligible producer'';
(iv) in subparagraph (D), by inserting ``or
in-kind contributions'' after ``additional
funds''; and
(v) in subparagraph (E), by striking ``of
the project's effects; and'' and inserting the
following: ``of--
``(i) the progress made by the project in
addressing each natural resource concern
defined in the partnership agreement, including
in a quantified form; and
``(ii) as appropriate, other environmental,
economic, or social outcomes of the project;
and''; and
(B) in paragraph (2)--
(i) by striking ``An eligible'' and
inserting the following:
``(A) In general.--An eligible''; and
(ii) by adding at the end the following:
``(B) Form.--A contribution of an eligible partner
under this paragraph may be in the form of--
``(i) direct funding;
``(ii) in-kind support; or
``(iii) a combination of direct funding and
in-kind support.
``(C) Treatment.--Any amounts expended during the
period beginning on the date on which the Secretary
announces the approval of an application under
subsection (e) and ending on the day before the
effective date of the partnership agreement by an
eligible partner for staff salaries or development of
the partnership agreement shall be considered to be a
part of the contribution of the eligible partner under
this paragraph.'';
(4) by redesignating subsection (d) as subsection (e);
(5) by inserting after subsection (c) the following:
``(d) Duties of Secretary.--The Secretary shall--
``(1) establish a timeline for carrying out the duties of
the Secretary under a partnership agreement, including--
``(A) entering into contracts with eligible
producers;
``(B) providing financial assistance to eligible
producers; and
``(C) in the case of a partnership agreement that
is a grant agreement under section 1271C(d), providing
the grant amounts to the eligible partner;
``(2) establish in each State a program coordinator for the
State, who shall be responsible solely for providing assistance
to eligible partners and eligible producers under the program;
``(3) establish guidance to assist eligible partners with
carrying out the assessment required under subsection
(c)(1)(E);
``(4) provide to each eligible partner that has entered
into a partnership agreement--
``(A) a semiannual report describing the status of
each pending and obligated contract under the project
of the eligible partner; and
``(B) an annual report describing how the Secretary
used amounts reserved by the Secretary for that year
for technical assistance under section 1271D(f);
``(5) allow an eligible partner to use a new or modified
conservation practice standard under a partnership agreement,
if the Secretary ensures that the new or modified conservation
practice standard--
``(A) is based on the best available science;
``(B) is implemented after consultation with the
Secretary at the local level to assess the anticipated
effectiveness of the new or modified conservation
practice standard; and
``(C) effectively addresses natural resource
concerns; and
``(6) ensure that any eligible activity effectively
addresses natural resource concerns.''; and
(6) in subsection (e) (as redesignated by paragraph (4))--
(A) by striking paragraph (2) and inserting the
following:
``(2) Criteria used.--In carrying out the process described
in paragraph (1), the Secretary shall--
``(A) make public the criteria used in evaluating
applications; and
``(B) in the case of an application submitted by a
lead eligible partner that identifies a local
conservation district as another eligible partner for
the project, evaluate the engagement of the lead
eligible partner with the local conservation district
to ensure local input.'';
(B) in paragraph (3)--
(i) by striking the paragraph designation
and heading and all that follows through
``description of--'' and inserting the
following:
``(3) Contents.--The Secretary shall develop a simplified
application process that requires each application submitted
under this subsection to include a description of--'';
(ii) in subparagraph (C), by striking ``,
including the covered programs to be used'';
and
(iii) in subparagraph (D), by inserting
``or in-kind'' after ``financial'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by striking ``may'' and inserting
``shall'';
(ii) in subparagraphs (A) and (B), by
inserting ``eligible'' before ``producers''
each place it appears;
(iii) by striking subparagraph (D);
(iv) by redesignating subparagraphs (E) and
(F) as subparagraphs (G) and (H), respectively;
and
(v) by inserting after subparagraph (C) the
following:
``(D) build new partnerships at the local, State,
and corporate levels or include a diversity of
stakeholders in the project;
``(E) deliver a high percentage of applied
conservation--
``(i) to address the identified natural
resource concerns; or
``(ii) in the case of a project in a
critical conservation area under section 1271F,
to address the critical conservation condition
for that critical conservation area;
``(F)(i) develop and implement new watershed or
habitat plans to address 1 or more natural resource
concerns; or
``(ii) implement the project consistent with
existing watershed restoration plans;''; and
(D) by adding at the end the following:
``(5) Review.--To the extent practicable, after receipt of
an application under this subsection, the Secretary shall
provide to each applicant information and feedback (including
written information and feedback, as the Secretary determines
to be appropriate) throughout the annual program application
process for any improvements that could be made to the
application.''.
(d) Assistance to Eligible Producers.--Section 1271C of the Food
Security Act of 1985 (16 U.S.C. 3871c) is amended--
(1) in the section heading, by inserting ``eligible''
before ``producers'';
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--An eligible producer may receive financial or
technical assistance to conduct eligible activities on eligible land
through a program contract entered into with the Secretary.
``(b) Program Contracts.--
``(1) In general.--The Secretary shall establish a program
contract to be entered into with an eligible producer to
conduct eligible activities on eligible land, subject to such
terms and conditions as the Secretary may establish.
``(2) Application bundles.--
``(A) In general.--An eligible partner may submit
to the Secretary, on behalf of eligible producers, a
bundle of applications for assistance under the program
through program contracts to address a substantial
portion of a natural resource concern defined in the
partnership agreement.
``(B) Priority.--The Secretary shall give priority
to applications described in subparagraph (A).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``In accordance
with statutory requirements of the covered programs
involved, the Secretary may make payments to a
producer'' and inserting ``Subject to section 1271D,
the Secretary may make payments to an eligible
producer'';
(B) in paragraph (2), by inserting ``eligible''
before ``producers'' each place it appears; and
(C) in paragraph (3), by striking ``participating''
and inserting ``eligible''; and
(4) by adding at the end the following:
``(d) Funding Arrangements Through Grant Agreements.--
``(1) In general.--A partnership agreement may be a grant
agreement entered into with an eligible partner in accordance
with this subsection.
``(2) Requirements.--Under a grant agreement under
paragraph (1)--
``(A) using amounts made available to carry out
this subtitle, the Secretary shall provide to the
eligible partner a grant;
``(B) the eligible partner shall carry out eligible
activities on eligible land (including by contracting
with 1 or more producers, if the eligible partner
determines the contracting to be appropriate), on the
condition that the eligible activities directly or
indirectly benefit agricultural producers (including
forestry producers), to address natural resource
concerns on a regional or watershed scale, such as--
``(i) infrastructure investments relating
to agricultural or nonindustrial private forest
production that would benefit multiple
producers, such as a multiproducer irrigation
water delivery system, including investments to
address drought;
``(ii) projects addressing water quality or
quantity concerns (including drought) in
coordination with producers, including the
development and implementation of watershed
plans;
``(iii) projects that use innovative
approaches to leveraging the Federal investment
in conservation with private financial
mechanisms, in conjunction with agricultural
production or forest resource management, such
as--
``(I) the provision of performance-
based payments to eligible producers;
and
``(II) support for an environmental
market;
``(iv) projects that facilitate pilot
testing of new conservation practices,
technologies, or activities;
``(v) projects that promote the long-term
viability and sustainability of agricultural
land through innovative agricultural land and
water protection strategies and mechanisms,
including projects that support the transfer of
land to beginning farmers and ranchers, veteran
farmers and ranchers, socially disadvantaged
farmers and ranchers, and limited resource
farmers and ranchers; and
``(vi) other projects for which the
Secretary determines that the goals and
objectives of the program would be easier to
achieve through the grant agreement; and
``(C) the Secretary may provide technical and
administrative assistance, as mutually agreed by the
parties.
``(3) Nonapplicability of adjusted gross income
limitation.--The adjusted gross income limitation described in
section 1001D(b)(1) shall not apply to the receipt by an
eligible partner of a grant under this subsection.
``(4) Limitation.--The Secretary may not use more than 30
percent of funding made available to carry out the program for
grant agreements.
``(5) Reports.--An eligible partner that enters into a
grant agreement under this subsection shall submit to the
Secretary--
``(A) any information that the Secretary requires
to prepare the report under section 1271E(b); and
``(B) an annual report that describes the status of
the project carried out by the eligible partner,
including a description of--
``(i) the use of the grant funds;
``(ii) any subcontracts awarded using grant
funds;
``(iii) the eligible producers receiving
funding using the grant funds;
``(iv)(I) the progress made by the project
in addressing each natural resource concern
defined in the grant agreement, including in a
quantified form; and
``(II) as appropriate, other environmental,
economic, or social outcomes of the project;
and
``(v) any other reporting data the
Secretary determines are necessary to ensure
compliance with the program rules.''.
(e) Funding.--Section 1271D of the Food Security Act of 1985 (16
U.S.C. 3871d) is amended--
(1) in subsection (a)--
(A) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2019 through 2023'';
(2) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--To ensure that additional resources are
available to carry out the program, in addition to the funds
made available under subsection (a), for each fiscal year the
Secretary shall transfer 7 percent of the funds and acres made
available for the following programs:
``(A) The conservation stewardship program
established under subchapter B of chapter 2 of subtitle
D.
``(B) The environmental quality incentives program
established under chapter 4 of subtitle D.
``(C) The agricultural conservation easement
program established under subtitle H.
``(2) Duration of availability.--Any funds or acres
transferred under paragraph (1) shall remain available for
obligation only for the purposes of carrying out the program
until expended.
``(3) Distribution of funds.--To the maximum extent
practicable, of projects receiving funds or acres transferred
under paragraph (1) from a program described in subparagraph
(A), (B), or (C) of that paragraph, the percentage of projects
that shall have purposes similar to the purposes of the
applicable program from which funds or acres were transferred
shall be approximately equal to the percentage of funds or
acres transferred from the applicable program.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``25 percent of
the funds and acres to projects based on a State
competitive process administered by the State
Conservationist, with the advice of the State technical
committee'' and inserting the following: ``40 percent
of the funds and acres to projects based on a State or
multistate competitive process administered by the
Secretary at the local level with the advice of the
applicable State technical committees'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph
(2); and
(D) in paragraph (2) (as so redesignated), by
striking ``35 percent'' and inserting ``60 percent'';
(4) in subsection (e)--
(A) by striking ``None of the funds'' and inserting
the following:
``(1) In general.--Except as provided in paragraph (2),
none of the funds''; and
(B) by adding at the end the following:
``(2) Project development and outreach.--Under a
partnership agreement, the Secretary may advance reasonable
amounts of funding for technical assistance to eligible
partners to conduct project development and outreach activities
in a project area, including--
``(A) providing outreach and education to eligible
producers for potential participation in the project;
``(B) developing a watershed or habitat plan;
``(C) establishing baseline metrics to support the
development of the assessment required under section
1271B(c)(1)(E); or
``(D) providing technical assistance to eligible
producers.
``(3) Reimbursement.--The Secretary may reimburse
reasonable amounts of funding for activities conducted during
the period beginning on the date on which the Secretary
announces the approval of an application under section 1271B(e)
and ending on the day before the effective date of the
partnership agreement.''; and
(5) by adding at the end the following:
``(f) Technical Assistance.--
``(1) In general.--At the time of project selection, the
Secretary shall identify and make publically available the
amount that the Secretary shall use to provide technical
assistance under the terms of the partnership agreement.
``(2) Limitation.--The Secretary shall limit costs of the
Secretary for technical assistance to costs specific and
necessary to carry out the objectives of the program.
``(3) Third-party providers.--The Secretary shall develop
and implement strategies to encourage third-party technical
service providers to provide technical assistance to eligible
partners pursuant to a partnership agreement.''.
(f) Administration.--Section 1271E of the Food Security Act of 1985
(16 U.S.C. 3871e) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``December 31, 2014'' and inserting ``December
31, 2018'';
(B) in paragraphs (1) and (2), by inserting
``eligible'' before ``producers'' each place it
appears;
(C) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(D) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) a summary of--
``(A) the progress made towards addressing the 1 or
more natural resource concerns defined for the
projects; and
``(B) any other related environmental, social, or
economic outcomes of the projects;''; and
(2) by adding at the end the following:
``(c) Compliance With Certain Requirements.--The Secretary may not
provide assistance under the program to an eligible producer unless the
eligible producer agrees, during the program year for which the
assistance is provided--
``(1) to comply with applicable conservation requirements
under subtitle B; and
``(2) to comply with applicable wetland protection
requirements under subtitle C.
``(d) Historically Underserved Producers.--To the maximum extent
practicable, in carrying out the program, the Secretary shall work with
eligible partners to maintain eligible benefits available through the
covered programs for beginning farmers and ranchers, veteran farmers
and ranchers, socially disadvantaged farmers and ranchers, and limited
resource farmers and ranchers.
``(e) Regulations.--The Secretary shall issue regulations to carry
out the program.''.
(g) Critical Conservation Areas.--Section 1271F of the Food
Security Act of 1985 (16 U.S.C. 3871f) is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Critical conservation area.--The term `critical
conservation area' means a geographical area that contains a
critical conservation condition that can be addressed through
the program.
``(2) Critical conservation condition.--The term `critical
conservation condition' means--
``(A) a condition of land that would benefit from
water quality improvement, including through reducing
erosion, promoting sediment control, and addressing
nutrient management activities affecting large bodies
of water of regional, national, or international
significance; and
``(B) a condition of land that would benefit from
water quantity improvement, including improvement
relating to--
``(i) drought;
``(ii) groundwater, surface water, aquifer,
or other water sources; or
``(iii) water retention and flood
prevention.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking ``producer'' and inserting
``program''; and
(B) by inserting ``that address each critical
conservation condition for which the critical
conservation area is designated'' before the period at
the end;
(4) in subsection (c) (as so redesignated)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) In general.--The Secretary shall identify 1 or more
critical conservation conditions that apply to each critical
conservation area designated under this section after the date
of enactment of the Agricultural Act of 2014 (Public Law 113-
79; 128 Stat. 649), including the conservation goals and
outcomes sufficient to demonstrate that progress is being made
to address the critical conservation conditions.'';
(C) in paragraph (2) (as so redesignated)--
(i) by striking subparagraphs (C) and (D)
and inserting the following:
``(C) contains a critical conservation condition;
or'';
(ii) by redesignating subparagraph (E) as
subparagraph (D); and
(iii) in subparagraph (D) (as so
redesignated), by inserting ``eligible'' before
``producers''; and
(D) by striking paragraph (3) (as so redesignated)
and inserting the following:
``(3) Review and withdrawal.--The Secretary may--
``(A) review designations of critical conservation
areas under this section not more frequently than once
every 5 years; and
``(B) withdraw designation of a critical
conservation area only if the Secretary determines that
the area is no longer a critical conservation area.'';
(5) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Outreach to Eligible Partners and Eligible Producers.--The
Secretary shall provide outreach and education to eligible partners and
eligible producers in critical conservation areas designated under this
section to encourage the development of projects to address each
critical conservation condition identified by the Secretary for that
critical conservation area.'';
(6) in subsection (e) (as so redesignated)--
(A) in paragraph (1), by striking ``producer'' and
inserting ``program''; and
(B) by striking paragraph (3); and
(7) by adding at the end the following:
``(f) Reports.--Not later than December 31, 2018, and each year
thereafter, 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 status of
each critical conservation condition for each critical conservation
area designated under this section, including--
``(1) the conditions for which each critical conservation
area is designated;
``(2) conservation goals and outcomes sufficient to
demonstrate that progress is being made to address the critical
conservation conditions;
``(3) the partnership agreements selected to address each
conservation goal and outcome; and
``(4) the extent to which each conservation goal and
outcome is being addressed by the partnership agreements.''.
(h) Conforming Amendments.--
(1) Section 1271E of the Food Security Act of 1985 (16
U.S.C. 3871e) (as amended by subsection (f)) is amended--
(A) in subsection (a), by striking ``1271B(d)''
each place it appears and inserting ``1271B(e)''; and
(B) in subsection (b)(5), in the matter preceding
subparagraph (A), by striking ``1271C(b)(2)'' and
inserting ``1271C(d)''.
(2) Section 1271F of the Food Security Act of 1985 (16
U.S.C. 3871f) is amended in subsection (b) (as redesignated by
subsection (g)(1)) by striking ``1271D(d)(3)'' and inserting
``1271D(d)(2)''.
SEC. 2412. WETLAND CONVERSION.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C.
3821(d)) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Duty of the secretary.--No person shall become
ineligible under paragraph (1) if the Secretary determines that
an exemption under section 1222(b) applies to that person.''.
SEC. 2413. DELINEATION OF WETLANDS.
(a) Identification of Minimal Effect Exemptions.--Section 1222(d)
of the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended--
(1) in the first sentence, by striking ``For purposes'' and
inserting the following:
``(1) In general.--For purposes''; and
(2) in paragraph (1) (as so designated)--
(A) in the first sentence, by inserting ``not later
than 1 year after the date of enactment of the
Agriculture Improvement Act of 2018, in accordance with
paragraph (2),'' before ``the Secretary''; and
(B) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(2) Requirements.--The Secretary shall carry out
paragraph (1)--
``(A) in compliance with applicable Federal
environmental laws, including the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.);
``(B) in accordance with subsections (d) and (e) of
section 12.31 of title 7, Code of Federal Regulations
(as in effect on the date of enactment of the
Agriculture Improvement Act of 2018); and
``(C) in consultation with--
``(i) State technical committees
established under section 1261(a);
``(ii) State wildlife and water resource
agencies;
``(iii) the Director of the United States
Fish and Wildlife Service;
``(iv) State Committees of the Farm Service
Agency; and
``(v) agricultural commodity organizations.
``(3) Training of employees.--The Secretary''.
(b) Mitigation Banking.--Section 1222(k)(1) of the Food Security
Act of 1985 (16 U.S.C. 3822(k)(1)) is amended by striking subparagraph
(B) and inserting the following:
``(B) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this paragraph $5,000,000 for each of fiscal years
2019 through 2023.''.
SEC. 2414. EMERGENCY CONSERVATION PROGRAM.
(a) Watershed Protection Program.--Section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) is amended--
(1) in the section heading, by striking ``measures'' and
inserting ``watershed protection program''; and
(2) in subsection (a), by inserting ``watershed
protection'' after ``emergency''.
(b) Payment Limitations.--Title IV of the Agricultural Credit Act
of 1978 is amended by inserting after section 403 (16 U.S.C. 2203) the
following:
``SEC. 403A. PAYMENT LIMITATION.
``The maximum payment made under the emergency conservation program
to an agricultural producer under this title may not exceed
$500,000.''.
(c) Funding and Administration.--Section 404 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2204) is amended--
(1) in the fourth sentence, by striking ``The Corporation''
and inserting the following:
``(d) Limitation.--The Commodity Credit Corporation'';
(2) in the third sentence, by striking ``In implementing
the provisions of'' and inserting the following:
``(c) Use of Commodity Credit Corporation.--In implementing'';
(3) by striking the second sentence;
(4) by striking the section designation and all that
follows through ``There are authorized'' in the first sentence
and inserting the following:
``SEC. 404. FUNDING AND ADMINISTRATION.
``(a) Authorization of Appropriations.--There are authorized'';
(5) in subsection (a) (as so designated), by inserting ``,
to remain available until expended'' before the period at the
end; and
(6) by inserting after subsection (a) (as so designated)
the following:
``(b) Set-aside for Fencing.--Of the amounts made available under
subsection (a) for a fiscal year, 25 percent shall be set aside until
April 1 of that fiscal year for the repair or replacement of
fencing.''.
SEC. 2415. WATERSHED PROTECTION AND FLOOD PREVENTION.
Section 10 of the Watershed Protection and Flood Prevention Act (16
U.S.C. 1007) is amended by striking the section designation and all
that follows through ``No appropriation'' in the second sentence and
inserting the following:
``SEC. 10. FUNDING.
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this Act $200,000,000 for each of fiscal
years 2019 through 2023.
``(b) Limitations.--No appropriation''.
SEC. 2416. SMALL WATERSHED REHABILITATION PROGRAM.
Section 14(h)(2) of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1012(h)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) $20,000,000 for each of fiscal years 2019
through 2023.''.
SEC. 2417. REPEAL OF CONSERVATION CORRIDOR DEMONSTRATION PROGRAM.
(a) In General.--Subtitle G of title II of the Farm Security and
Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public Law 107-171)
is repealed.
(b) Conforming Amendment.--Section 5059 of the Water Resources
Development Act of 2007 (16 U.S.C. 3801 note; Public Law 110-114) is
repealed.
SEC. 2418. REPEAL OF CRANBERRY ACREAGE RESERVE PROGRAM.
Section 10608 of the Farm Security and Rural Investment Act of 2002
(16 U.S.C. 3801 note; Public Law 107-171) is repealed.
SEC. 2419. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION.
Subtitle F of title II of the Federal Agriculture Improvement and
Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.
SEC. 2420. REPEAL OF FLOOD RISK REDUCTION.
Section 385 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7334) is repealed.
SEC. 2421. REPEAL OF STUDY OF LAND USE FOR EXPIRING CONTRACTS AND
EXTENSION OF AUTHORITY.
Section 1437 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (16 U.S.C. 3831 note; Public Law 101-624) is repealed.
SEC. 2422. REPEAL OF INTEGRATED FARM MANAGEMENT PROGRAM OPTION.
Section 1451 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5822) is repealed.
SEC. 2423. REPEAL OF CLARIFICATION OF DEFINITION OF AGRICULTURAL LANDS.
Section 325 of the Federal Agriculture Improvement and Reform Act
of 1996 (Public Law 104-127; 110 Stat. 992) is repealed.
SEC. 2424. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
Section 1537 of the Agriculture and Food Act of 1981 (16 U.S.C.
3460) is amended to read as follows:
``SEC. 1537. TERMINATION OF EFFECTIVENESS.
``The authority provided by this subtitle terminates effective
October 1, 2023.''.
SEC. 2425. WILDLIFE MANAGEMENT.
(a) In General.--The Secretary and the Secretary of the Interior
shall continue to carry out the Working Lands for Wildlife model of
conservation on working landscapes, as implemented on the day before
the date of enactment of this Act, in accordance with--
(1) the document entitled ``Partnership Agreement Between
the United States Department of Agriculture Natural Resources
Conservation Service and the United States Department of the
Interior Fish and Wildlife Service'', numbered A-3A75-16-937,
and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the Director
of the United States Fish and Wildlife Service on August 4,
2016, as in effect on September 15, 2016; and
(2) United States Fish and Wildlife Service Director's
Order No. 217, dated August 9, 2016, as in effect on August 9,
2016.
(b) Expansion of Model.--The Secretary and the Secretary of the
Interior may expand the conservation model described in subsection (a)
through a new partnership agreement between the Farm Service Agency and
the United States Fish and Wildlife Service for the purpose of carrying
out conservation activities for species conservation.
(c) Extension of Period of Regulatory Predictability.--
(1) Definition of period of regulatory predictability.--In
this subsection, the term ``period of regulatory
predictability'' means the period of regulatory predictability
under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) initially determined in accordance with the document and
order described in paragraphs (1) and (2), respectively, of
subsection (a).
(2) Extension.--After the period of regulatory
predictability, on request of the Secretary, the Secretary of
the Interior, acting through the Director of the United States
Fish and Wildlife Service, may provide additional consultation
under section 7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)), or additional conference under section
7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, with
the Chief of the Natural Resources Conservation Service or the
Administrator of the Farm Service Agency, as applicable, to
extend the period of regulatory predictability.
(d) Regulatory Certainty.--Section 1244 of the Food Security Act of
1985 (16 U.S.C. 3844) is amended by adding at the end the following:
``(n) Regulatory Certainty.--
``(1) In general.--In addition to technical and
programmatic information that the Secretary is otherwise
authorized to provide, on request of a Federal agency, a State,
an Indian tribe, or a unit of local government, the Secretary
may provide technical and programmatic information--
``(A) subject to paragraph (2), to the Federal
agency, State, Indian tribe, or unit of local
government to support specifically the development of
mechanisms that would provide regulatory certainty,
regulatory predictability, safe harbor protection, or
other similar regulatory assurances to a farmer,
rancher, or private nonindustrial forest landowner
under a regulatory requirement--
``(i) that relates to soil, water, or
wildlife; and
``(ii) over which that Federal agency,
State, Indian tribe, or unit of local
government has authority; and
``(B) relating to conservation practices or
activities that could be implemented by a farmer,
rancher, or private nonindustrial forest landowner to
address a targeted soil, water, or wildlife resource
concern that is the direct subject of a regulatory
requirement enforced by that Federal agency, State,
Indian tribe, or unit of local government, as
applicable.
``(2) Mechanisms.--The Secretary shall only provide
additional technical and programmatic information under
paragraph (1) if the mechanisms to be developed by the Federal
agency, State, Indian tribe, or unit of local government, as
applicable, under paragraph (1)(A) are anticipated to include,
at a minimum--
``(A) the implementation of 1 or more conservation
practices or activities that effectively addresses the
soil, water, or wildlife resource concern identified
under paragraph (1);
``(B) the on-site confirmation that the applicable
conservation practices or activities identified under
subparagraph (A) have been implemented;
``(C) a plan for a periodic audit, as appropriate,
of the continued implementation or maintenance of each
of the conservation practices or activities identified
under subparagraph (A); and
``(D) notification to a farmer, rancher, or private
nonindustrial forest landowner of, and an opportunity
to correct, any noncompliance with a requirement to
obtain regulatory certainty, regulatory predictability,
safe harbor protection, or other similar regulatory
assurance.
``(3) Continuing current collaboration on soil, water, or
wildlife conservation practices.--The Secretary shall--
``(A) continue collaboration with Federal agencies,
States, Indian tribes, or local units of government on
existing regulatory certainty, regulatory
predictability, safe harbor protection, or other
similar regulatory assurances in accordance with
paragraph (2); and
``(B) continue collaboration with the Secretary of
the Interior on consultation under section 7(a)(2) of
the Endangered Species Act of 1973 (16 U.S.C.
1536(a)(2)) or conference under section 7(a)(4) of that
Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife
conservation efforts, including the Working Lands for
Wildlife model of conservation on working landscapes,
as implemented on the day before the date of enactment
of the Agriculture Improvement Act of 2018, in
accordance with--
``(i) the document entitled `Partnership
Agreement Between the United States Department
of Agriculture Natural Resources Conservation
Service and the United States Department of the
Interior Fish and Wildlife Service', numbered
A-3A75-16-937, and formalized by the Chief of
the Natural Resources Conservation Service on
September 15, 2016, and by the Director of the
United States Fish and Wildlife Service on
August 4, 2016, as in effect on September 15,
2016; and
``(ii) United States Fish and Wildlife
Service Director's Order No. 217, dated August
9, 2016, as in effect on August 9, 2016.
``(4) Savings clause.--Nothing in this subsection--
``(A) preempts, displaces, or supplants any
authority or right of a Federal agency, a State, an
Indian tribe, or a unit of local government;
``(B) modifies or otherwise affects, preempts, or
displaces--
``(i) any cause of action; or
``(ii) a provision of Federal or State law
establishing a remedy for a civil or criminal
cause of action; or
``(C) applies to a case in which the Department of
Agriculture is the originating agency requesting a
consultation or other technical and programmatic
information or assistance from another Federal agency
in assisting farmers, ranchers, or nonindustrial
private forest landowners participating in a
conservation program administered by the Secretary.''.
SEC. 2426. HEALTHY FORESTS RESERVE PROGRAM.
(a) Purposes.--Section 501(a) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6571(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to conserve forest land that provides habitat for
species described in section 502(b)(2).''.
(b) Eligibility.--Section 502 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6572) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``private land''
and all that follows through ``which will'' and
inserting ``private land, including private forest land
or land being restored to forest, the enrollment of
which will maintain,''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``private land'' and all that
follows through ``which will'' and inserting
``private land, including private forest land
or land being restored to forest, the
enrollment of which will maintain,'';
(ii) by striking subparagraph (B) and
inserting the following:
``(B)(i) are candidates for such listing, State-
listed species, or special concern species; or
``(ii) are deemed a species of greatest
conservation need under a State wildlife action
plan.'';
(2) in subsection (c)--
(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:
``(3) conserve forest land that provides habitat for
species described in section 502(b)(2).'';
(3) in subsection (e)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph
(2); and
(C) in paragraph (2)(B) (as redesignated by
subparagraph (A))--
(i) in clause (ii), by striking ``or'' at
the end; and
(ii) by striking clause (iii) and inserting
the following:
``(iii) a permanent easement; or
``(iv) any combination of the options
described in clauses (i), (ii), and (iii).'';
and
(4) in subsection (f)(1)(B), by striking clause (ii) and
inserting the following:
``(ii)(I) are candidates for such listing,
State-listed species, or special concern
species; or
``(II) are deemed a species of greatest
conservation need under a State wildlife action
plan.''.
(c) Restoration Plans.--Section 503(b) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6573(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking the subsection designation and all that
follows through ``restoration practices'' and inserting the
following:
``(b) Practices and Measures.--
``(1) Definition of practices and measures.--In this
subsection, the term `practices and measures' includes land
management practices, vegetative treatments, structural
practices and measures, practices to improve biological
diversity, practices to increase carbon sequestration, and
other appropriate activities, as determined by the Secretary.
``(2) Restoration plans.--The restoration plan may require
such restoration practices and measures'';
(3) in subparagraph (A) (as redesignated by paragraph (1)),
by striking ``and'' at the end; and
(4) in subparagraph (B) (as redesignated by paragraph (1)),
by striking the period at the end and inserting ``, or a
species deemed a species of greatest conservation need under a
State wildlife action plan.''.
SEC. 2427. WATERSHED PROTECTION.
(a) Watershed Areas.--Section 2 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1002) is amended in the undesignated
matter following paragraph (3) by inserting ``(except in cases in which
the Secretary determines that the undertaking is necessary in a larger
watershed or subwatershed in order to address regional drought
concerns)'' after ``fifty thousand acres''.
(b) Authority of the Secretary.--Section 3 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1003) is amended--
(1) by striking the section designation and all that
follows through ``In order to assist'' and inserting the
following:
``SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.
``(a) In General.--In order to assist''; and
(2) by adding at the end the following:
``(b) Waiver.--The Secretary may waive the watershed plan for works
of improvement if the Secretary determines the watershed plan is
unnecessary or duplicative.''.
SEC. 2428. SENSE OF CONGRESS RELATING TO 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 (33 U.S.C. 1251 et seq.) and
provide benefits to farmers, landowners, and the public.
SEC. 2429. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAMS.
Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.)
is amended by inserting after subtitle E the following:
``Subtitle F--Other Conservation Provisions
``SEC. 1251. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAMS.
``(a) Definition of Covered Program.--In this section, the term
`covered program' means--
``(1) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D;
``(2) the farmable wetland program carried out under
section 1231B;
``(3) the special conservation reserve enhancement program
described in section 1231A;
``(4) the agricultural conservation easement program
established under subtitle H;
``(5) the healthy forests reserve program established under
section 501 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6571); or
``(6) any similar program, as determined by the Secretary,
that is established on or after the date of enactment of this
section.
``(b) Modifications.--Notwithstanding any other provision of law
applicable to a covered program, subject to subsection (c), the
Secretary shall--
``(1) allow land enrolled in a covered program to be--
``(A) modified for water management, general
maintenance, vegetative cover control, wildlife habitat
management, or any other purpose, subject to the
condition that the modification shall be approved
jointly by--
``(i) the State department of natural
resources (or equivalent State agency); and
``(ii) the technical committee established
under section 1261(a) of the State; or
``(B) exchanged for land that has equal or greater
conservation, wildlife, ecological, and economic
values, as determined by the Secretary; and
``(2) provide for the modification of an agreement, a
contract, or an easement under a covered program if the
Secretary determines that the modification--
``(A) would facilitate the practical administration
and management of the land covered by the agreement,
contract, or easement; and
``(B) would not adversely affect the functions and
values for which the agreement, contract, or easement
was established.
``(c) Requirements.--
``(1) No effect on enrolled acreage, ecological functions
and values.--A modification or exchange under subsection (b)
shall not--
``(A) result in a net loss of acreage enrolled in
the covered program; or
``(B) adversely affect any ecological or
conservation function or value for which the applicable
agreement, contract, or easement was established.
``(2) Exchanged acres.--Any land for which an exchange is
made under subsection (b) shall satisfy all requirements for
enrollment in the covered program.
``(3) Restriction on payments.--In modifying any agreement,
contract, or easement under a covered program, the Secretary
shall not increase any payment to any party to the agreement,
contract, or easement.
``(d) Costs.--A party to an agreement, a contract, or an easement
under a covered program that requests a modification or exchange under
subsection (b) shall be responsible for all costs of the modification
or exchange, including--
``(1) an appraisal to determine whether the economic value
of the land for which an exchange is made under subsection (b)
is equal to or greater than the value of the land removed from
the covered program;
``(2) the repayment of the costs paid by the Secretary for
any restoration of land removed from the covered program;
``(3) if applicable, a survey of property boundaries,
including review and approval by the applicable agency;
``(4) preparation and recording in accordance with standard
real estate practices of any exchange, including requirements
for title approval by the Secretary, subordination of liens,
and amended warranty easement deed recording; and
``(5) any applicable recording and legal fees.''.
Subtitle E--Funding and Administration
SEC. 2501. FUNDING.
(a) In General.--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)--
(A) in subparagraph (A), by striking ``$10,000,000
for the period of fiscal years 2014 through 2018'' and
inserting ``$11,000,000 for the period of fiscal years
2019 through 2023''; and
(B) in subparagraph (B)--
(i) by striking ``$33,000,000 for the
period of fiscal years 2014 through 2018'' and
inserting ``$50,000,000 for the period of
fiscal years 2019 through 2023, including not
more than $5,000,000 to provide outreach and
technical assistance,''; and
(ii) by striking ``retired or retiring
owners and operators'' and inserting ``contract
holders'';
(3) in paragraph (2), by striking subparagraphs (A) through
(E) and inserting the following:
``(A) $400,000,000 for each of fiscal years 2019
through 2021;
``(B) $425,000,000 for fiscal year 2022; and
``(C) $450,000,000 for fiscal year 2023.''; and
(4) in paragraph (5), by striking subparagraphs (A) through
(E) and inserting the following:
``(A) $1,473,000,000 for fiscal year 2019;
``(B) $1,478,000,000 for fiscal year 2020;
``(C) $1,541,000,000 for fiscal year 2021;
``(D) $1,571,000,000 for fiscal year 2022; and
``(E) $1,595,000,000 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) Allocations Review and Update.--Section 1241(g) of the Food
Security Act of 1985 (16 U.S.C. 3841(g)) is amended by striking
``Review and Update'' in the subsection heading and all that follows
through ``The Secretary'' in paragraph (2) and inserting ``Update.--The
Secretary''.
(d) Assistance to Certain Farmers or Ranchers for Conservation
Access.--Section 1241(h)(1) of the Food Security Act of 1985 (16 U.S.C.
3841(h)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``2018'' and inserting ``2023''; and
(2) by striking ``5 percent'' each place it appears and
inserting ``15 percent''.
(e) Conservation Standards and Requirements.--Section 1241 of the
Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the
end the following:
``(j) Conservation Standards and Requirements.--
``(1) In general.--Subject to the requirements of this
title, the Natural Resources Conservation Service shall serve
as the lead agency in developing and establishing technical
standards and requirements for conservation programs carried
out under this title, including--
``(A) standards for conservation practices under
this title;
``(B) technical guidelines for implementing
conservation practices under this title, including the
location of the conservation practices;
``(C) standards for conservation plans; and
``(D) payment rates for conservation practices and
activities under programs carried out under this title.
``(2) Consistency of farm service agency standards.--The
Administrator of the Farm Service Agency shall ensure that the
standards and requirements of programs administered by the Farm
Service Agency incorporate and are consistent with the
standards and requirements established by the Natural Resources
Conservation Service under paragraph (1).
``(3) Local flexibility.--The Secretary shall establish a
procedure to allow, on request of a State committee of the Farm
Service Agency or a State technical committee established under
section 1261(a) to modify any standard or requirement
established under paragraph (1), that modification if the
modification--
``(A) addresses a specific and local natural
resource concern;
``(B) is based on science; and
``(C) maintains the conservation benefits of the
standards and requirements established under paragraph
(1).''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is
amended--
(1) in subsection (a)--
(A) by striking the subsection designation and
heading and all that follows through ``the term'' and
inserting the following:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term''; and
(B) by adding at the end the following:
``(2) Third-party provider.--The term `third-party
provider' means a commercial entity (including a farmer
cooperative, agriculture retailer, or other commercial entity,
as determined by the Secretary), a nonprofit entity, a State, a
unit of 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.'';
(2) in subsection (e), by adding at the end the following:
``(4) Certification process.--The Secretary shall certify a
third-party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural
Resources Conservation Service; or
``(B) a non-Federal entity approved by the
Secretary to perform the certification.
``(5) Streamlined certification.--The Secretary shall
provide a streamlined certification process for a third-party
provider that has an appropriate specialty certification,
including a sustainability specialty certification and a 4R
nutrient management specialty certification from the American
Society of Agronomy.''; and
(3) in subsection (h)--
(A) by striking paragraph (3) and inserting the
following:
``(3) Expedited revision of standards.--Not later than 1
year after the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall develop an administrative
process for--
``(A) expediting the establishment and revision of
conservation practice standards; and
``(B) considering conservation innovations with
respect to any establishment or revision under
subparagraph (A).
``(4) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, and every
2 years thereafter, the Secretary shall submit to Congress a
report on--
``(A) the administrative process developed under
paragraph (3);
``(B) conservation practice standards that were
established or revised under that process; and
``(C) conservation innovations that were considered
under that process.''.
SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
(a) Incentives for Acequias.--Section 1244(a) of the Food Security
Act of 1985 (16 U.S.C. 3844(a)) is amended--
(1) in the subsection heading, by striking ``Ranchers and
Indian Tribes'' and inserting ``Ranchers, Indian Tribes, and
Acequias''; and
(2) in paragraph (2), by adding at the end the following:
``(F) Acequias.''.
(b) Acreage Limitations.--Section 1244(f) of the Food Security Act
of 1985 (16 U.S.C. 3844(f)) is amended--
(1) in paragraph (1)(B), by striking ``10'' and inserting
``15''; and
(2) in paragraph (5), by striking ``the Agricultural Act of
2014'' and inserting ``the Agriculture Improvement Act of
2018''.
(c) Funding for Indian Tribes.--Section 1244(l) of the Food
Security Act of 1985 (16 U.S.C. 3844(l)) is amended by striking ``may''
and inserting ``shall''.
(d) Exemption From Certain Reporting Requirements.--Section 1244(m)
of the Food Security Act of 1985 (16 U.S.C. 3844(m)) is amended--
(1) in paragraph (1), by inserting ``or commodity'' after
``conservation''; and
(2) in paragraph (2), by inserting ``or the Farm Service
Agency'' before the period at the end.
(e) Source Water Protection.--Section 1244 of the Food Security Act
of 1985 (16 U.S.C. 3844) (as amended by section 2425(d)) is amended by
adding at the end the following:
``(o) Source Water Protection.--
``(1) In general.--In carrying out the conservation
stewardship program under subchapter B of chapter 2 of subtitle
D and the environmental quality incentives program under
chapter 4 of subtitle D, the Secretary shall encourage water
quality and water quantity practices that--
``(A) protect sources of potable water, including
protecting against public health threats; and
``(B) mutually benefit agricultural producers.
``(2) Collaboration and payments.--In encouraging practices
under paragraph (1), the Secretary shall--
``(A) work collaboratively with drinking water
utilities, community water systems, and State technical
committees established under section 1261 to identify
local priority areas for the protection of source
waters for drinking water; and
``(B) subject to limitations under the programs
described in paragraph (1), provide payment rates to
producers for water quality practices or enhancements
that primarily result in off-farm benefit at a rate
sufficient to encourage greater adoption of those
practices or enhancements by producers.''.
(f) Payments Made to Acequias.--Section 1244 of the Food Security
Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is amended
by adding at the end the following:
``(p) Payments Made to Acequias.--
``(1) Waiver authority.--The Secretary may waive the
applicability of the limitations in section 1001D(b) or section
1240G for a payment made under a contract under this title
entered into with an acequia if the Secretary determines that
the waiver is necessary to fulfill the objectives of the
project under the contract.
``(2) Contract limitations.--If the Secretary grants a
waiver under paragraph (1), the Secretary shall impose a
separate payment limitation, as determined by the Secretary,
for the contract to which the waiver applies.''.
SEC. 2504. DEFINITION OF ACEQUIA.
(a) In General.--Section 1201(a) of the Food Security Act of 1985
(16 U.S.C. 3801(a)) is amended--
(1) by redesignating paragraphs (1) through (27) as
paragraphs (2) through (28), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Acequia.--The term `acequia' means an entity that--
``(A) is a political subdivision of a State;
``(B) is organized for the purpose of managing the
operation of an irrigation ditch; and
``(C) does not have the authority to impose taxes
or levies.''; and
(3) in paragraph (19)(B) (as so redesignated), by inserting
``acequia,'' before ``or other''.
(b) Conforming Amendments.--Section 363 of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2006e) is amended--
(1) by striking ``section 1201(a)(16)'' and inserting
``section 1201(a)''; and
(2) by striking ``(16 U.S.C. 3801(a)(16))'' and inserting
``(16 U.S.C. 3801(a))''.
SEC. 2505. AUTHORIZATION OF APPROPRIATIONS FOR WATER BANK PROGRAM.
Section 11 of the Water Bank Act (16 U.S.C. 1310) is amended--
(1) in the first sentence, by striking ``without fiscal
year'' and all that follows through ``necessary'' and inserting
``$5,000,000 for each of fiscal years 2019 through 2023, to
remain available until expended,''; and
(2) by striking the second sentence.
SEC. 2506. REPORT ON LAND ACCESS, TENURE, AND TRANSITION.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Agriculture, in consultation with the Chief Economist,
shall submit to Congress and make publicly available a report
identifying--
(1) the barriers that prevent or hinder the ability of
beginning farmers and ranchers and historically underserved
producers to acquire or access farmland;
(2) the extent to which Federal programs, including
agricultural conservation easement programs, land transition
programs, and financing programs, are improving--
(A) farmland access and tenure for beginning
farmers and ranchers and historically underserved
producers; and
(B) farmland transition and succession; and
(3) the regulatory, operational, or statutory changes that
are necessary to improve--
(A) the ability of beginning farmers and ranchers
and historically underserved producers to acquire or
access farmland;
(B) farmland tenure for beginning farmers and
ranchers and historically underserved producers; and
(C) farmland transition and succession.
SEC. 2507. REPORT ON SMALL WETLANDS.
(a) In General.--The Chief of the Natural Resources Conservation
Service shall submit to Congress a report describing the number of
wetlands with an area not more than 1 acre that have been delineated in
each of the States of North Dakota, South Dakota, Minnesota, and Iowa.
(b) Requirement.--In the report under subsection (a), the Chief of
the Natural Resources Conservation Service shall list the number of
wetlands acres in each State described in the report by tenths of an
acre, and ensure the report is based on based available science.
SEC. 2508. STATE TECHNICAL COMMITTEES.
Section 1262(c) of the Food Security Act of 1985 (16 U.S.C.
3862(c)) is amended by adding at the end the following:
``(3) Recommendations to secretary.--Each State technical
committee shall regularly review new and innovative
technologies and practices, including processes to conserve
water and improve water quality and quantity, and make
recommendations to the Secretary for further consideration of
and possible development of conservation practice standards
that incorporate those technologies and practices.''.
Subtitle F--Technical Corrections
SEC. 2601. FARMABLE WETLAND PROGRAM.
Section 1231B(b)(2)(A)(i) of the Food Security Act of 1985 (16
U.S.C. 3831b(b)(2)(A)(i)) is amended by adding a semicolon at the end.
SEC. 2602. REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.
Section 1241(i) of the Food Security Act of 1985 (16 U.S.C.
3841(i)) is amended--
(1) by striking paragraphs (2) and (4); and
(2) by redesignating paragraphs (3), (5), and (6) as
paragraphs (2), (3), and (4), respectively.
SEC. 2603. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is
amended in subsections (e)(3)(B) and (f)(4) by striking ``third party''
each place it appears and inserting ``third-party''.
SEC. 2604. STATE TECHNICAL COMMITTEES.
Section 1261(b)(2) of the Food Security Act of 1985 (16 U.S.C.
3861(b)(2)) is amended by striking ``under section 1262(b)''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3101. FOOD AID QUALITY.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3))
is amended by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 3102. GENERATION AND USE OF CURRENCIES BY PRIVATE VOLUNTARY
ORGANIZATIONS AND COOPERATIVES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended by
striking subsection (b) and inserting the following:
``(b) Local Sales.--In carrying out agreements of the type referred
to in subsection (a), the Administrator may permit private voluntary
organizations and cooperatives to sell, in 1 or more recipient
countries, or in 1 or more countries in the same region, commodities
distributed under nonemergency programs under this title for each
fiscal year to generate proceeds to be used as provided in this
section.''.
SEC. 3103. 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'' each place it
appears and inserting ``2023''.
SEC. 3104. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended--
(1) in subsection (d)(1), in the first sentence, by
striking ``45'' and inserting ``30''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3105. 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, but not less than $17,000,000,''; and
(B) by striking ``2018'' each place it appears and
inserting ``2023''; and
(2) in subparagraph (B)(i), by striking ``2018'' and
inserting ``2023''.
SEC. 3106. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED
FOODS.
Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3107. ALLOWANCE OF DISTRIBUTION COSTS.
Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6))
is amended by striking ``distribution costs'' and inserting
``distribution costs, including the types of activities for which costs
were paid under this subsection prior to fiscal year 2017''.
SEC. 3108. 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. 3109. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND ACTIVITIES.
Section 407(f)(1)(A) of the Food for Peace Act (7 U.S.C.
1736a(f)(1)(A)) is amended--
(1) by inserting ``or each separately'' after ``jointly'';
and
(2) by inserting ``by the Administrator, the Secretary, or
both, as applicable,'' after ``Act''.
SEC. 3110. 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. 3111. NONEMERGENCY FOOD ASSISTANCE.
Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is
amended--
(1) in the subsection heading, by striking ``Minimum Level
of'';
(2) in paragraph (1), by striking ``2018'' and inserting
``2023'';
(3) in paragraph (2), by striking ``$350,000,000'' and
inserting ``$365,000,000''; and
(4) by adding at the end the following:
``(3) Farmer-to-farmer program.--In determining the amount
expended for a fiscal year for nonemergency food assistance
programs under paragraphs (1) and (2), amounts expended for
that year to carry out programs under section 501 may be
considered amounts expended for those nonemergency food
assistance programs.
``(4) Community development funds.--In determining the
amount expended for a fiscal year for nonemergency food
assistance programs under paragraphs (1) and (2), amounts
expended for that year from funds appropriated to carry out
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) may be considered amounts expended for those nonemergency
food assistance programs if the funds are made available
through grants or cooperative agreements that--
``(A) strengthen food security in developing
countries; and
``(B) are consistent with the goals of title II.''.
SEC. 3112. 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. 3113. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``section 1342 of title 31, United States
Code, or'' after ``Notwithstanding''; and
(B) in paragraph (2), in the matter preceding
subparagraph (A), by inserting ``employees or staff of
a State cooperative institution (as defined in
subparagraphs (A) through (D) of section 1404(18) of
the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103(18)),''
after ``private corporations,'';
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023''; and
(3) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``2018'' and inserting ``2023''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3201. PRIORITY TRADE PROMOTION, DEVELOPMENT, AND ASSISTANCE.
(a) In General.--Title II of the Agricultural Trade Act of 1978 (7
U.S.C. 5621 et seq.) is amended by adding at the end the following:
``Subtitle C--Priority Trade Promotion, Development, and Assistance
``SEC. 221. ESTABLISHMENT.
``The Secretary shall carry out activities under this subtitle--
``(1) to access, develop, maintain, and expand markets for
United States agricultural commodities; and
``(2) to promote cooperation and the exchange of
information.
``SEC. 222. MARKET ACCESS PROGRAM.
``(a) In General.--The Commodity Credit Corporation shall establish
and carry out a program to encourage the development, maintenance, and
expansion of commercial export markets for agricultural commodities
(including commodities that are organically produced (as defined in
section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C.
6502))) through cost-share assistance to eligible trade organizations
that implement a foreign market development program.
``(b) Type of Assistance.--Assistance under this section may be
provided in the form of funds of, or commodities owned by, the
Commodity Credit Corporation, as determined appropriate by the
Secretary.
``(c) Requirements for Participation.--To be eligible for cost-
share assistance under this section, an organization shall--
``(1) be an eligible trade organization;
``(2) prepare and submit a marketing plan to the Secretary
that meets the guidelines governing such plans established by
the Secretary; and
``(3) meet any other requirements established by the
Secretary.
``(d) Eligible Trade Organizations.--An eligible trade organization
shall be--
``(1) a United States agricultural trade organization or
regional State-related organization that--
``(A) promotes the export and sale of agricultural
commodities; and
``(B) does not stand to profit directly from
specific sales of agricultural commodities;
``(2) a cooperative organization or State agency that
promotes the sale of agricultural commodities; or
``(3) a private organization that promotes the export and
sale of agricultural commodities if the Secretary determines
that such organization would significantly contribute to United
States export market development.
``(e) Approved Marketing Plan.--
``(1) In general.--A marketing plan submitted by an
eligible trade organization under this section 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 section is being
requested.
``(2) Requirements.--To be approved by the Secretary, a
marketing plan submitted under this subsection shall--
``(A) 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;
``(B) establish specific market goals to be
achieved as a result of the market access program; and
``(C) contain any additional requirements that the
Secretary determines to be necessary.
``(3) Amendments.--A marketing plan may be amended by the
eligible trade organization at any time, with the approval of
the Secretary.
``(4) Branded promotion.--An agreement entered into under
this section may provide for the use of branded advertising to
promote the sale of agricultural commodities in a foreign
country under such terms and conditions as may be established
by the Secretary.
``(f) Other Terms and Conditions.--
``(1) Multiyear basis.--The Secretary may provide
assistance under this section on a multiyear basis, subject to
annual review by the Secretary for compliance with the approved
marketing plan.
``(2) Termination of assistance.--The Secretary may
terminate any assistance made, or to be made, available under
this section if the Secretary determines that--
``(A) the eligible trade organization is not
adhering to the terms and conditions of the program
established under this section;
``(B) the eligible trade organization is not
implementing the approved marketing plan or is not
adequately meeting the established goals of the market
access program;
``(C) the eligible trade organization is not
adequately contributing its own resources to the market
access program; or
``(D) the Secretary determines that termination of
assistance in a particular instance is in the best
interests of the program.
``(3) Monitoring and evaluations.--
``(A) Monitoring.--The Secretary shall monitor the
expenditure of funds received under this section by
recipients of those funds.
``(B) Evaluations.--The Secretary shall make
evaluations of the expenditure of funds received under
this section, including--
``(i) an evaluation of the effectiveness of
the program in developing or maintaining
markets for United States agricultural
commodities;
``(ii) an evaluation of whether assistance
provided under this section is necessary to
maintain markets for United States agricultural
commodities; and
``(iii) a thorough accounting of the
expenditure of those funds by the recipient.
``(C) Initial evaluation.--The Secretary shall make
an initial evaluation of expenditures of a recipient
under this paragraph not later than 15 months after the
initial provision of funds to the recipient.
``(4) Use of funds.--Funds made available to carry out this
section--
``(A) shall not be used to provide direct
assistance to any foreign for-profit corporation for
the use of the corporation in promoting foreign-
produced products;
``(B) shall not be used to provide direct
assistance to any for-profit corporation that is not
recognized as a small-business concern described in
section 3(a) of the Small Business Act (15 U.S.C.
632(a)), excluding--
``(i) a cooperative;
``(ii) 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); and
``(iii) a nonprofit trade association; and
``(C) may be used by a United States trade
association, cooperative, or small business 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 section.
``(g) Level of Marketing Assistance.--
``(1) In general.--The Secretary shall justify in writing
the level of assistance provided to an eligible trade
organization under the program under this section and the level
of cost-sharing required of the organization.
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), assistance provided under this
section for activities described in subsection (e)(4)
shall not exceed 50 percent of the cost of implementing
the marketing plan.
``(B) Action by united states trade
representative.--
``(i) In general.--The Secretary may
determine not to apply the limitation described
in subparagraph (A) in the case of 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).
``(ii) Requirement.--Criteria for
determining that the limitation shall not apply
under clause (i) shall be consistent and
documented.
``SEC. 223. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) Definition of Eligible Trade Organization.--In this section,
the term `eligible trade organization' means a United States trade
organization that--
``(1) promotes the export of 1 or more United States
agricultural commodities; and
``(2) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities.
``(b) Establishment.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a foreign
market development cooperator program to maintain and develop foreign
markets for United States agricultural commodities, with a continued
significant emphasis on the importance of the export of value-added
United States agricultural commodities into emerging markets.
``(c) Use of Funds.--Funds made available to carry out this section
shall be used only to provide--
``(1) cost-share assistance to an eligible trade
organization under a contract or agreement with the eligible
trade organization; and
``(2) assistance for other costs that are appropriate to
carry out the foreign market development cooperator program,
including contingent liabilities that are not otherwise funded.
``SEC. 224. E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP PROGRAM.
``(a) Definition of Emerging Market.--In this section, the term
`emerging market' means any country, foreign territory, customs union,
or other economic market that the Secretary determines--
``(1) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of the
economy of that country, territory, customs union, or other
economic market, as applicable; and
``(2) has the potential to provide a viable and significant
market for United States agricultural commodities.
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `E (Kika) de la Garza Agricultural Fellowship
Program'--
``(1) to develop agricultural markets in emerging markets;
and
``(2) to promote cooperation and exchange of information
between agricultural institutions and agribusinesses in the
United States and emerging markets.
``(c) Development of Agricultural Systems.--
``(1) In general.--
``(A) Establishment of program.--To develop,
maintain, or expand markets for exports of United
States agricultural commodities, the Secretary shall
make available to emerging markets the expertise of the
United States--
``(i) to make assessments of food and rural
business systems needs;
``(ii) to make recommendations on measures
necessary to enhance the effectiveness of the
food and rural business systems described in
clause (i), including potential reductions in
trade barriers; and
``(iii) to identify and carry out specific
opportunities and projects to enhance the
effectiveness of the food and rural business
systems described in clause (i).
``(B) Extent of program.--The Secretary shall
implement this paragraph with respect to at least 3
emerging markets in each fiscal year.
``(2) Experts from the united states.--The Secretary may
implement paragraph (1) by providing--
``(A) assistance to teams (consisting primarily of
agricultural consultants, agricultural producers, other
persons from the private sector, and government
officials expert in assessing the food and rural
business systems of other countries) to enable those
teams to conduct the assessments, make the
recommendations, and identify the opportunities and
projects described in paragraph (1)(A) in emerging
markets;
``(B) necessary subsistence expenses in the United
States and necessary transportation expenses by
individuals designated by emerging markets to enable
those individuals to consult with food and rural
business system experts in the United States to enhance
those systems of those emerging markets;
``(C) necessary subsistence expenses in emerging
markets and necessary transportation expenses of United
States food and rural business system experts,
agricultural producers, and other individuals
knowledgeable in agricultural and agribusiness matters
to assist in transferring knowledge and expertise to
entities in emerging markets; and
``(D) necessary subsistence expenses and necessary
transportation expenses of United States food and rural
business system experts, including United States
agricultural producers and other United States
individuals knowledgeable in agriculture and
agribusiness matters, and of individuals designated by
emerging markets, to enable those designated
individuals to consult with those United States
experts--
``(i) to enhance food and rural business
systems of emerging markets; and
``(ii) to transfer knowledge and expertise
to 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 those
experts in the program under this subsection.
``(4) Technical assistance.--The Secretary is authorized to
provide, or pay the necessary costs for, technical assistance
(including the establishment of extension services) to enable
individuals or other entities to carry out recommendations,
projects, and opportunities in emerging markets, including
recommendations, projects, and opportunities described in
clauses (ii) and (iii) of paragraph (1)(A).
``(5) Reports to secretary.--A team that receives
assistance under paragraph (2)(A) shall prepare and submit to
the Secretary such reports as the Secretary may require.
``(6) Advisory committee.--To provide the Secretary with
information that may be useful to the Secretary in carrying out
this subsection, the Secretary may establish an advisory
committee composed of representatives of the various sectors of
the food and rural business systems of the United States.
``(7) Effect.--The authority provided under this subsection
shall be in addition to and not in place of any other authority
of the Secretary or the Commodity Credit Corporation.
``SEC. 225. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
``(a) Establishment.--The Secretary of Agriculture shall establish
an export assistance program (referred to in this section as the
`program') to address existing or potential unique barriers that
prohibit or threaten the export of United States specialty crops.
``(b) Purpose.--The program shall provide direct assistance through
public and private sector projects and technical assistance, including
through the program under section 2(e) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 3157(e)), to remove, resolve,
or mitigate existing or potential sanitary and phytosanitary and
technical barriers to trade.
``(c) Priority.--The program shall address time sensitive and
strategic market access projects based on--
``(1) trade effect on market retention, market access, and
market expansion; and
``(2) trade impact.
``(d) Multiyear Projects.--The Secretary may provide assistance
under the program to a project for longer than a 5-year period if the
Secretary determines that further assistance would effectively support
the purpose of the program described in subsection (b).
``(e) Annual Report.--Each year, the Secretary shall submit to the
appropriate committees of Congress a report that contains, for the
period covered by the report, a description of--
``(1) each factor that affects the export of specialty
crops, including each factor relating to any--
``(A) significant sanitary or phytosanitary issue;
``(B) trade barrier; or
``(C) emerging sanitary or phytosanitary issue or
trade barrier; and
``(2)(A) any funds provided under section 226(c)(4) that
were not obligated in a fiscal year; and
``(B) a description of why the funds described in
subparagraph (A) were not obligated.
``SEC. 226. FUNDING AND ADMINISTRATION.
``(a) Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this subtitle.
``(b) Funding Amount.--For each of fiscal years 2019 through 2023,
of the funds of, or an equal value of commodities owned by, the
Commodity Credit Corporation, the Secretary shall use to carry out this
subtitle $259,500,000, to remain available until expended.
``(c) Allocation.--For each of fiscal years 2019 through 2023, the
Secretary shall allocate funds to carry out this subtitle in accordance
with the following:
``(1) Market access program.--For market access activities
authorized under section 222, of the funds of, or an equal
value of commodities owned by, the Commodity Credit
Corporation, not less than $200,000,000 for each fiscal year.
``(2) Foreign market development cooperator program.--To
carry out section 223, of the funds of, or an equal value of
commodities owned by, the Commodity Credit Corporation, not
less than $34,500,000 for each fiscal year.
``(3) E (kika) de la garza agricultural fellowship
program.--To provide assistance under section 224, of the funds
of the Commodity Credit Corporation, not more than $10,000,000
for each fiscal year.
``(4) Technical assistance for specialty crops.--To carry
out section 225, of the funds of the Commodity Credit
Corporation, not less than $9,000,000 for each fiscal year, to
remain available until expended.
``(5) Priority trade fund.--In addition to the amounts
allocated under paragraphs (1) through (4), and notwithstanding
any limitations in those paragraphs, as determined by the
Secretary, for 1 or more programs under this subtitle for
authorized activities to access, develop, maintain, and expand
markets for United States agricultural commodities, $6,000,000
for each fiscal year.
``(d) Cuba.--Notwithstanding section 908 of the Trade Sanctions
Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) or any other
provision of law, funds made available under this section may be used
to carry out the programs authorized under sections 222 and 223 in
Cuba.
``(e) Authorization for Appropriations.--In addition to any other
amounts provided under this section, there are authorized to be
appropriated such sums as are necessary to carry out the programs and
authorities under subsection (c)(5) and sections 222 through 225.''.
(b) Conforming Amendments.--
(1) Market access program.--
(A) Section 203 of the Agricultural Trade Act of
1978 (7 U.S.C. 5623) is repealed.
(B) Section 211 of the Agricultural Trade Act of
1978 (7 U.S.C. 5641) is amended by striking subsection
(c).
(C) Section 402(a)(1) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking
``203'' and inserting ``222''.
(D) 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 222 of the Agricultural Trade Act of 1978''.
(E) Section 718 of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 1999 (7 U.S.C. 5623 note;
Public Law 105-277) is amended by striking ``section
203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623)'' and inserting ``section 222 of the Agricultural
Trade Act of 1978''.
(F) Section 1302(b) of the Agricultural
Reconciliation Act of 1993 (7 U.S.C. 5623 note; Public
Law 103-66) is amended--
(i) in the matter preceding paragraph (1),
by striking ``section 203 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623)'' and
inserting ``section 222 of the Agricultural
Trade Act of 1978''; and
(ii) in paragraph (2), in the matter
preceding subparagraph (A), by striking
``section 203 of such Act'' and inserting
``section 222 of that Act''.
(2) Foreign market development cooperator program.--Title
VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et
seq.) is repealed.
(3) E (kika) de la garza agricultural fellowship program.--
(A) Section 1542 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C 5622 note;
Public Law 101-624) is amended--
(i) by striking subsection (d);
(ii) by redesignating subsections (e) and
(f) as subsections (d) and (e), respectively;
and
(iii) in subsection (e) (as so
redesignated)--
(I) in the matter preceding
paragraph (1), by striking ``country''
and inserting ``country, foreign
territory, customs union, or economic
market''; and
(II) in paragraph (1), by striking
``the country'' and inserting ``that
country, foreign territory, customs
union, or economic market, as
applicable''.
(B) 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 ``section 1542(f)''
and inserting ``section 1542(e)''.
(C) Section 1543A(c)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
5679(c)(2)) is amended by inserting ``and section 224
of the Agricultural Trade Act of 1978'' after ``section
1542''.
(4) Technical assistance for specialty crops.--Section 3205
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5680) is repealed.
Subtitle C--Other Agricultural Trade Laws
SEC. 3301. FOOD FOR PROGRESS ACT OF 1985.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (E), by striking
``and'';
(ii) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) a land-grant college or university (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).''; and
(B) by adding at the end the following:
``(10) Secretary.--The term `Secretary' means the Secretary
of Agriculture.'';
(3) in subsection (c)--
(A) by striking ``food'';
(B) by striking ``entities to furnish'' and
inserting the following: ``entities--
``(1) to furnish'';
(C) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; or'';
and
(D) by adding at the end the following:
``(2) to provide financial assistance under subsection
(l)(5) to eligible entities.'';
(4) in subsection (f)(3), by striking ``2018'' and
inserting ``2023'';
(5) in subsection (g), by striking ``2018'' and inserting
``2023'';
(6) in subsection (k), by striking ``2018'' and inserting
``2023'';
(7) in subsection (l)--
(A) by striking the subsection designation and
heading and all that follows through ``(1) To enhance''
and inserting the following:
``(l) Support for Agricultural Development.--
``(1) In general.--To enhance'';
(B) in paragraph (1), by striking ``2018'' and
inserting ``2023'';
(C) in paragraph (4)(B), by inserting ``internal''
before ``transportation''; and
(D) by adding at the end the following:
``(5) Flexibility.--Notwithstanding any other provision of
law, as necessary to carry out this section, the following
funds shall be used to pay for the costs described in paragraph
(4):
``(A) Of the funds of the Corporation described in
subsection (f)(3), 30 percent.
``(B) Of the funds for administrative expenses
under paragraph (1), 30 percent.
``(C) Of the funds of the Corporation, $26,000,000
for each of fiscal years 2019 through 2023.'';
(8) in subsection (m), in the subsection heading, by
striking ``Presidential'' and inserting ``Secretarial'';
(9) in subsection (n)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ``and
assistance'' after ``commodities''; and
(ii) in subparagraph (B), by inserting
``and assistance made available under this
section'' after ``commodities''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) Requirements.--
``(A) In general.--Not later than 270 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall issue regulations and
revisions to agency guidance and procedures necessary
to implement the amendments made to this section by
that Act.
``(B) Consultations.--Not later than 270 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary shall consult with the
Committee on Agriculture and the Committee on Foreign
Affairs of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of
the Senate relating to regulations issued and agency
guidance and procedures revised under subparagraph
(A).''; and
(10) in subsection (o), in the matter preceding paragraph
(1), by striking ``(acting through the Secretary)''.
SEC. 3302. 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. 3303. 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. 3304. COCHRAN EMERGING MARKET FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3293) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``(which may
include agricultural extension services)'' after
``systems''; and
(B) in paragraph (2)--
(i) by striking ``enhance trade'' and
inserting the following: ``enhance--
``(A) trade'';
(ii) in subparagraph (A) (as so designated)
by striking the period at the end and inserting
``; or''; and
(iii) by adding at the end the following:
``(B) linkages between agricultural interests in
the United States and regulatory systems governing
sanitary and phytosanitary standards for agricultural
products that--
``(i) may enter the United States; and
``(ii) may pose risks to human, animal, or
plant life or health.''; and
(2) in subsection (f)--
(A) in paragraph (1), by striking ``$3,000,000''
and inserting ``$4,000,000'';
(B) in paragraph (2), by striking ``$2,000,000''
and inserting ``$3,000,000''; and
(C) in paragraph (3), by striking ``$5,000,000''
and inserting ``$6,000,000''.
SEC. 3305. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by
striking ``shall support'' and inserting ``support'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(E) the development of agricultural extension
services in eligible countries.''; and
(2) in subsection (f)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Leveraging alumni engagement.--In carrying out the
purposes and programs under this section, the Secretary shall
encourage ongoing engagement with fellowship recipients who
have completed training under the program to provide advice
regarding, and participate in, new or ongoing agricultural
development projects, with a priority for capacity-building
projects, that are sponsored by--
``(A) Federal agencies; and
``(B) institutions of higher education in the
eligible country of the fellowship recipient.''.
SEC. 3306. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
The Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 1543A (7 U.S.C. 5679) the following:
``SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
``(a) Definition of International Food Security.--In this section,
the term `international food security' means access by any person at
any time to food and nutrition that is sufficient for a healthy and
productive life.
``(b) Collection of Information.--The Secretary of Agriculture
(referred to in this section as the `Secretary') shall compile
information from appropriate mission areas of the Department of
Agriculture (including the Food, Nutrition, and Consumer Services
mission area) relating to the improvement of international food
security.
``(c) Public Availability.--To benefit programs for the improvement
of international food security, the Secretary shall organize the
information described in subsection (b) and make the information
available in a format suitable for--
``(1) public education; and
``(2) use by--
``(A) a Federal, State, or local agency;
``(B) an agency or instrumentality of the
government of a foreign country;
``(C) a domestic or international organization,
including a domestic or international nongovernmental
organization; and
``(D) an intergovernmental organization.
``(d) Technical Assistance.--On request by an entity described in
subsection (c)(2), the Secretary may provide technical assistance to
the entity to implement a program for the improvement of international
food security.
``(e) Program Priority.--In carrying out this section, the
Secretary shall give priority to programs relating to the development
of food and nutrition safety net systems with a focus on food insecure
countries.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 3307. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
Section 3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o-1) is amended--
(1) in subsection (a)--
(A) by striking ``that is'' and inserting the
following: ``that--
``(1) is'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; or'';
and
(C) by adding at the end the following:
``(2)(A) is produced in and procured from--
``(i) a developing country that is a recipient
country; or
``(ii) a developing country in the same region as a
recipient country; and
``(B) at a minimum, meets each nutritional, quality, and
labeling standard of the recipient country, as determined by
the Secretary.'';
(2) in subsection (c)(2)(A)--
(A) in clause (v)(IV), by striking ``and'' at the
end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the costs associated with
transporting the commodities described in
subsection (a)(2) from a developing country
described in subparagraph (A)(ii) of that
subsection to any designated point of entry
within the recipient country; and'';
(3) in subsection (f)(1)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the
following:
``(E) ensure to the maximum extent practicable that
assistance--
``(i) is provided under this section in a
timely manner; and
``(ii) is available when needed throughout
the applicable school year;''; and
(4) in subsection (l)--
(A) in paragraph (2), by striking ``2018'' and
inserting ``2023''; and
(B) by adding at the end the following:
``(4) Purchase of commodities.--Of the funds made available
to carry out this section, not more than 10 percent shall be
used to purchase agricultural commodities described in
subsection (a)(2).''.
SEC. 3308. GLOBAL CROP DIVERSITY TRUST.
Section 3202(c) of the Food, Conservation, and Energy Act of 2008
(22 U.S.C. 2220a note; Public Law 110-246) is amended by striking
``2014 through 2018'' and inserting ``2019 through 2023''.
SEC. 3309. 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--
(1) by inserting ``to the Secretary'' after
``appropriated''; and
(2) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 3310. FOREIGN TRADE MISSIONS.
(a) Tribal Representation on Trade Missions.--
(1) In general.--The Secretary, in consultation with the
Tribal Advisory Committee established under subsection (b)(2)
of section 309 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6921) (as added by section 12304(2))
(referred to in this section as the ``Advisory Committee''),
shall seek--
(A) to support the greater inclusion of Tribal
agricultural and food products in Federal trade-related
activities; and
(B) to increase the collaboration between Federal
trade promotion efforts and other Federal trade-related
activities in support of the greater inclusion sought
under subparagraph (A).
(2) Interdepartmental coordination.--In carrying out
activities to increase the collaboration described in paragraph
(1)(B), the Secretary shall coordinate with--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal
agencies.
(b) Report; Goals.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report
describing the efforts of the Department of Agriculture and
other Federal agencies under this section to--
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of
Representatives;
(C) the Committee on Energy and Commerce of the
House of Representatives;
(D) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Goals.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish goals for
measuring, in an objective and quantifiable format, the extent
to which Indian Tribes and Tribal agricultural and food
products are included in the trade-related activities of the
Department of Agriculture.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4101. DEFINITION OF CERTIFICATION PERIOD.
Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is
amended by striking subsection (f) and inserting the following:
``(f) Certification Period.--
``(1) In general.--The term `certification period' means
the period for which a household shall be eligible to receive
benefits.
``(2) Time limits.--
``(A) In general.--Except as provided in
subparagraph (C), the certification period shall not
exceed 12 months.
``(B) Contact.--A State agency shall have at least
1 contact with each certified household every 12
months.
``(C) Elderly or disabled household members.--The
certification period may be for a duration of--
``(i) not more than 24 months if each adult
household member is elderly or disabled; or
``(ii) not more than 36 months if--
``(I) each adult household member
is elderly or disabled; and
``(II) the household of the adult
household member has no earned income
at the time of certification.
``(D) Extension of limit.--The limits under this
paragraph may be extended until the end of any
transitional benefit period established under section
11(s).''.
SEC. 4102. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
(a) In General.--Section 4(b) of the Food and Nutrition Act of 2008
(7 U.S.C. 2013(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Administrative costs.--
``(A) In general.--The Secretary shall pay not less
than 80 percent of administrative costs and
distribution costs on Indian reservations as the
Secretary determines necessary for effective
administration of such distribution by a State agency
or tribal organization.
``(B) Waiver.--The Secretary shall waive up to 100
percent of the non-Federal share of the costs described
in subparagraph (A) if the Secretary determines that--
``(i) the tribal organization is
financially unable to provide a greater non-
Federal share of the costs; or
``(ii) providing a greater non-Federal
share of the costs would be a substantial
burden for the tribal organization.
``(C) Limitation.--The Secretary may not reduce any
benefits or services under the food distribution
program on Indian reservations under this subsection to
any tribal organization that is granted a waiver under
subparagraph (B).
``(D) Tribal contribution.--The Secretary may allow
a tribal organization to use funds provided to the
tribal organization through a Federal agency or other
Federal benefit to satisfy all or part of the non-
Federal share of the costs described in subparagraph
(A) if that use is otherwise consistent with the
purpose of the funds.'';
(2) in paragraph (6)(F), by striking ``2018'' and inserting
``2023''; and
(3) by adding at the end the following:
``(7) Availability of funds.--
``(A) In general.--Funds made available for a
fiscal year to carry out this subsection shall remain
available for obligation for a period of 2 fiscal
years.
``(B) Administrative costs.--Funds made available
for a fiscal year to carry out paragraph (4) shall
remain available for obligation by the State agency or
tribal organization for a period of 2 fiscal years.''.
(b) Demonstration Project for Tribal Organizations.--
(1) Definitions.--In this subsection:
(A) Demonstration project.--The term
``demonstration project'' means the demonstration
project established under paragraph (2).
(B) Food distribution program.--The term ``food
distribution program'' means the food distribution
program on Indian reservations carried out under
section 4(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)).
(C) Indian reservation.--The term ``Indian
reservation'' has the meaning given the term
``reservation'' in section 3 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012).
(D) 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).
(E) Self-determination contract.--The term ``self-
determination contract'' has the meaning given the term
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(F) Tribal organization.--The term ``tribal
organization'' has the meaning given the term in
section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012).
(2) Establishment.--Subject to the availability of
appropriations, the Secretary shall establish a demonstration
project under which 1 or more tribal organizations may enter
into self-determination contracts to purchase agricultural
commodities under the food distribution program for the Indian
reservation of that tribal organization.
(3) Eligibility.--
(A) Consultation.--The Secretary shall consult with
the Secretary of the Interior and Indian tribes to
determine the process and criteria under which a tribal
organization may participate in the demonstration
project.
(B) Criteria.--The Secretary shall select for
participation in the demonstration project tribal
organizations that--
(i) are successfully administering the food
distribution program of the tribal organization
under section 4(b)(2)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B));
(ii) have the capacity to purchase
agricultural commodities in accordance with
paragraph (4) for the food distribution program
of the tribal organization; and
(iii) meet any other criteria determined by
the Secretary, in consultation with the
Secretary of the Interior and Indian tribes.
(4) Procurement of agricultural commodities.--Any
agricultural commodities purchased by a tribal organization
under the demonstration project shall--
(A) be domestically produced;
(B) supplant, not supplement, the type of
agricultural commodities in existing food packages for
that tribal organization;
(C) be of similar or higher nutritional value as
the type of agricultural commodities that would be
supplanted in the existing food package for that tribal
organization; and
(D) meet any other criteria determined by the
Secretary.
(5) Report.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, 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 activities
carried out under the demonstration project during the
preceding year.
(6) Funding.--
(A) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry
out this subsection $5,000,000, to remain available
until expended.
(B) Appropriations in advance.--Only funds
appropriated under subparagraph (A) in advance
specifically to carry out this subsection shall be
available to carry out this subsection.
(c) Conforming Amendment.--Section 3(v) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(v)) is amended by striking ``the Indian
Self-Determination Act (25 U.S.C. 450b(b))'' and inserting ``section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)''.
SEC. 4103. WORK REQUIREMENTS FOR SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
(a) Work Requirements for Able-bodied Adults Without Dependents.--
Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is
amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking the second sentence;
(ii) by striking ``, as amended'' each
place it appears;
(iii) by striking ``(F) a person'' and
inserting the following:
``(vi) a person'';
(iv) by striking ``(E) employed'' and
inserting the following:
``(v) employed'';
(v) by striking ``(D) a regular'' and
inserting the following:
``(iv) a regular'';
(vi) by striking ``(C) a bona fide
student'' and inserting the following:
``(iii) a bona fide student'';
(vii) by striking ``(B) a parent'' and
inserting the following:
``(ii) a parent'';
(viii) by striking ``(A) currently'' and
inserting the following:
``(i) currently''; and
(ix) by striking ``(2) A person who'' and
all that follows through ``if he or she is''
inserting the following:
``(E) Exemptions.--A person who otherwise would be
required to comply with the requirements of
subparagraphs (A) through (D) shall be exempt from such
requirements if the person is--''; and
(B) by inserting after paragraph (1) (as amended by
subparagraph (A)) the following:
``(2) Additional work requirements.--
``(A) Definition of work program.--In this
paragraph, 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 Governor of the
State, including a program under paragraph (4),
other than a job search program or a job search
training program; and
``(iv) a workforce partnership under
paragraph (4)(N).
``(B) Work requirement.--Subject to the other
provisions of this paragraph, no individual shall be
eligible to participate in the supplemental nutrition
assistance program as a member of any household if,
during the preceding 36-month period, the individual
received supplemental nutrition assistance program
benefits for not less than 3 months (consecutive or
otherwise) during which the individual did not--
``(i) work 20 hours or more per week,
averaged monthly;
``(ii) participate in and comply with the
requirements of a work program for 20 hours or
more per week, as determined by the State
agency;
``(iii) participate in and comply with the
requirements of a program under section 20 or a
comparable program established by a State or
political subdivision of a State; or
``(iv) receive benefits pursuant to
subparagraph (C), (D), (E), or (F).
``(C) Exception.--Subparagraph (B) shall not apply
to an individual if the individual is--
``(i) under 18 or over 50 years of age;
``(ii) medically certified as physically or
mentally unfit for employment;
``(iii) a parent or other member of a
household with responsibility for a dependent
child;
``(iv) otherwise exempt under paragraph
(1)(E); or
``(v) a pregnant woman.
``(D) Waiver.--
``(i) In general.--On the request of a
State agency, the Secretary may waive the
applicability of subparagraph (B) to any group
of 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; or
``(II) does not have a sufficient
number of jobs to provide employment
for the individuals.
``(ii) Report.--The Secretary shall report
the basis for a waiver under clause (i) to the
Committee on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate.
``(E) Subsequent eligibility.--
``(i) Regaining eligibility.--An individual
denied eligibility under subparagraph (B) shall
regain eligibility to participate in the
supplemental nutrition assistance program if,
during a 30-day period, the individual--
``(I) works 80 or more hours;
``(II) participates in and complies
with the requirements of a work program
for 80 or more hours, as determined by
a State agency; or
``(III) participates in and
complies with the requirements of a
program under section 20 or a
comparable program established by a
State or political subdivision of a
State.
``(ii) Maintaining eligibility.--An
individual who regains eligibility under clause
(i) shall remain eligible as long as the
individual meets the requirements of clause
(i), (ii), or (iii) of subparagraph (B).
``(iii) Loss of employment.--
``(I) In general.--An individual
who regained eligibility under clause
(i) and who no longer meets the
requirements of clause (i), (ii), or
(iii) of subparagraph (B) shall remain
eligible for a consecutive 3-month
period, beginning on the date the
individual first notifies the State
agency that the individual no longer
meets the requirements of clause (i),
(ii), or (iii) of subparagraph (B).
``(II) Limitation.--An individual
shall not receive any benefits pursuant
to subclause (I) for more than a single
3-month period in any 36-month period.
``(F) 15-percent 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 subparagraph (B), who--
``(aa) is not eligible for
an exception under subparagraph
(C);
``(bb) does not reside in
an area covered by a waiver
granted under subparagraph (D);
``(cc) is not complying
with clause (i), (ii), or (iii)
of subparagraph (B);
``(dd) is not receiving
supplemental nutrition
assistance program benefits
during the 3 months of
eligibility provided under
subparagraph (B); and
``(ee) is not receiving
supplemental nutrition
assistance program benefits
under subparagraph (E).
``(ii) General rule.--Subject to clauses
(iii) through (vii), a State agency may provide
an exemption from the requirements of
subparagraph (B) for covered individuals.
``(iii) Fiscal year 1998.--Subject to
clauses (v) and (vii), for fiscal year 1998, 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
1998, as estimated by the Secretary, based on
the survey conducted to carry out section 16(c)
for fiscal year 1996 and such other factors as
the Secretary considers appropriate due to the
timing and limitations of the survey.
``(iv) Subsequent fiscal years.--Subject to
clauses (v) through (vii), for fiscal year 1999
and each subsequent fiscal year, 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, as estimated by the Secretary
under clause (iii), adjusted by the Secretary
to reflect changes in the State's caseload and
the Secretary's estimate of changes in the
proportion of members of households that
receive supplemental nutrition assistance
program benefits covered by waivers granted
under subparagraph (D).
``(v) Caseload adjustments.--The Secretary
shall adjust the number of individuals
estimated for a State under clause (iii) or
(iv) 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) Exemption adjustments.--During
fiscal year 1999 and each subsequent fiscal
year, the Secretary shall increase or decrease
the number of individuals who may be granted an
exemption by a State agency under this
subparagraph to the extent that the average
monthly number of exemptions in effect in the
State for the preceding fiscal year under this
subparagraph is lesser or greater than the
average monthly number of exemptions estimated
for the State agency for such preceding fiscal
year under this subparagraph.
``(vii) Reporting requirement.--A State
agency shall submit such reports to the
Secretary as the Secretary determines are
necessary to ensure compliance with this
subparagraph.
``(G) Other program rules.--Nothing in this
paragraph 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.''; and
(2) by striking subsection (o).
(b) Employment and Training Programs That Meet State and Local
Workforce Needs.--Section 6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``, in consultation with
the State workforce development board, or, if
the State demonstrates that consultation with
private employers or employer organizations
would be more effective or efficient, in
consultation with private employers or employer
organizations,'' after ``designed by the State
agency''; and
(ii) by striking ``that will increase their
ability to obtain regular employment.'' and
inserting the following: ``that will--
``(I) increase the ability of the
household members to obtain regular
employment; and
``(II) meet State or local
workforce needs.''; and
(B) in clause (ii), by inserting ``and implemented
to meet the purposes of clause (i)'' after ``under this
paragraph'';
(2) in subparagraph (B)--
(A) in clause (iv), by redesignating subclauses (I)
and (II) as items (aa) and (bb), respectively, and
indenting appropriately;
(B) by redesignating clauses (i) through (vii) and
clause (viii) as subclauses (I) through (VII) and
subclause (IX), respectively, and indenting
appropriately;
(C) by inserting after subclause (VII) (as so
redesignated) the following:
``(VIII) Programs or activities
described in subclauses (I) through
(XII) of clause (iv) of section
16(h)(1)(F) that the Secretary
determines, based on the results of the
applicable independent evaluations
conducted under clause (vii)(I) of that
section, demonstrate are effective at
increasing employment or earnings for
households participating in a pilot
project under that section.'';
(D) in the matter preceding subclause (I) (as so
redesignated)--
(i) by striking ``this subparagraph'' and
inserting ``this clause'';
(ii) by inserting ``and a program
containing a component under subclause (I)
shall contain at least 1 additional component''
before the colon; and
(iii) by striking ``(B) For purposes of
this Act, an'' and inserting the following:
``(B) Definitions.--In this Act:
``(i) Employment and training program.--The
term''; and
(E) by adding at the end the following:
``(ii) Workforce partnership.--
``(I) In general.--The term
`workforce partnership' means a program
that--
``(aa) is operated by a
private employer, an
organization representing
private employers, or a
nonprofit organization
providing services relating to
workforce development;
``(bb) the Secretary or the
State agency certifies--
``(AA) subject to
subparagraph (N)(ii),
would assist
participants who are
members of households
participating in the
supplemental nutrition
assistance program in
gaining high-quality,
work-relevant skills,
training, work, or
experience that will
increase the ability of
the participants to
obtain regular
employment;
``(BB) subject to
subparagraph (N)(ii),
would provide
participants with not
fewer than 20 hours per
week of training, work,
or experience under
subitem (AA);
``(CC) would not
use any funds
authorized to be
appropriated by this
Act;
``(DD) would
provide sufficient
information, on request
by the State agency,
for the State agency to
determine that
participants who are
members of households
participating in the
supplemental nutrition
assistance program are
fulfilling any
applicable work
requirement under this
subsection;
``(EE) would be
willing to serve as a
reference for
participants who are
members of households
participating in the
supplemental nutrition
assistance program for
future employment or
work-related programs;
and
``(FF) meets any
other criteria
established by the
Secretary, on the
condition that the
Secretary shall not
establish any
additional criteria
that would impose
significant paperwork
burdens on the
workforce partnership;
and
``(cc) is in compliance
with the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et
seq.), if applicable.
``(II) Inclusion.--The term
`workforce partnership' includes a
multistate program.'';
(3) in subparagraph (E)--
(A) in the second sentence, by striking ``Such
requirements'' and inserting the following:
``(ii) Variation.--The requirements under
clause (i)'';
(B) by striking ``(E) Each State'' and inserting
the following:
``(E) Requirements for participation for certain
individuals.--
``(i) In general.--Each State''; and
(C) adding at the end the following:
``(iii) Application to workforce
partnerships.--To the extent that a State
agency requires an individual to participate in
an employment and training program, the State
agency shall consider an individual
participating in a workforce partnership to be
in compliance with the employment and training
requirements.'';
(4) in subparagraph (H), by striking ``(B)(v)'' and
inserting ``(B)(i)(V)''; and
(5) by adding at the end the following:
``(N) Workforce partnerships.--
``(i) In general.--A work registrant may
participate in a workforce partnership to
comply with the requirements of paragraph
(1)(A)(ii) and paragraph (2).
``(ii) Certification.--In certifying that a
program meets the requirements of subitems (AA)
and (BB) of subparagraph (B)(ii)(I)(bb) to be
certified as a workforce partnership, the
Secretary or the State agency shall require
that the program submit to the Secretary or
State agency sufficient information that
describes--
``(I) the services and activities
of the program that would provide
participants with not fewer than 20
hours per week of training, work, or
experience under those subitems; and
``(II) how the program would
provide services and activities
described in subclause (I) that would
directly enhance the employability or
job readiness of the participant.
``(iii) Supplement, not supplant.--A State
agency may use a workforce partnership to
supplement, not to supplant, the employment and
training program of the State agency.
``(iv) Participation.--A State agency may
provide information on workforce partnerships,
if available, to any member of a household
participating in the supplemental nutrition
assistance program, but may not require any
member of a household to participate in a
workforce partnership.
``(v) Effect.--
``(I) In general.--A workforce
partnership shall not replace the
employment or training of an individual
not participating in the workforce
partnership.
``(II) Selection.--Nothing in this
subsection affects the criteria or
screening process for selecting
participants by a workforce
partnership.
``(vi) Limitation on reporting
requirements.--In carrying out this
subparagraph, the Secretary and each applicable
State agency shall limit the reporting
requirements of a workforce partnership to--
``(I) on notification that an
individual is receiving supplemental
nutrition assistance program benefits,
notifying the applicable State agency
that the individual is participating in
the workforce partnership;
``(II) identifying participants who
have completed or are no longer
participating in the workforce
partnership;
``(III) identifying changes to the
workforce partnership that result in
the workforce partnership no longer
meeting the certification requirements
of the Secretary or the State agency
under subparagraph (B)(ii)(I)(bb); and
``(IV) providing sufficient
information, on request by the State
agency, for the State agency to verify
that a participant is fulfilling any
applicable work requirements under this
subsection.
``(O) Referral of certain individuals.--
``(i) In general.--In accordance with such
regulations as may be issued by the Secretary,
with respect to any individual who is not
eligible for an exemption under paragraph
(1)(E) and who is determined by an employment
and training program component to be ill-suited
to participate in the employment and training
program component, the State agency shall--
``(I) refer the individual to an
appropriate employment and training
program component;
``(II) refer the individual to an
appropriate workforce partnership, if
available;
``(III) reassess the physical and
mental fitness of the individual under
paragraph (1)(A); or
``(IV) to the maximum extent
practicable, coordinate with other
Federal, State, or local workforce or
assistance programs to identify work
opportunities or assistance for the
individual.
``(ii) Process.--In carrying out clause
(i), the State agency shall ensure that an
individual undergoing and complying with the
process established under that clause shall not
be found to have refused without good cause to
participate in an employment and training
program.''.
(c) Updating Work-related Pilot Projects.--
(1) In general.--Section 16(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(h)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii), by striking
``6(o)'' and inserting ``6(d)(2)'';
(ii) in subparagraph (E)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``6(o)(3)'' and
inserting ``6(d)(2)(C)''; and
(bb) in subclause (II), by
striking ``subparagraph (B) or
(C) of section 6(o)(2)'' and
inserting ``clause (ii) or
(iii) of section 6(d)(2)(B)'';
and
(II) in clause (ii)--
(aa) in the matter
preceding subclause (I), by
striking ``subparagraph (B) or
(C) of section 6(o)(2)'' and
inserting ``clause (ii) or
(iii) of section 6(d)(2)(B)'';
(bb) in subclause (I), by
striking ``6(o)(2)'' and
inserting ``6(d)(2)(B)'';
(cc) in subclause (II), by
striking ``6(o)(3)'' and
inserting ``6(d)(2)(C)'';
(dd) in subclause (III), by
striking ``6(o)(4)'' and
inserting ``6(d)(2)(D)''; and
(ee) in subclause (IV), by
striking ``6(o)(6)'' and
inserting ``6(d)(2)(F)''; and
(iii) in subparagraph (F)--
(I) in clause (ii)(III)(ee)(AA), by
striking ``6(o)'' and inserting
``6(d)(2)'';
(II) in clause (viii)--
(aa) in subclause (III), by
striking ``September 30, 2018''
and inserting the following:
``September 30, 2023, for--
``(aa) the continuation of
pilot projects being carried
out under this subparagraph as
of the date of enactment of the
Agriculture Improvement Act of
2018, if the pilot projects
meet the limitations described
in subclause (II); and
``(bb) additional pilot
projects authorized under
clause (x).''; and
(bb) by adding at the end
the following:
``(IV) Funds for additional pilot
projects.--From amounts made available
under section 18(a)(1), the Secretary
shall use to carry out clause (x)
$92,500,000 for each of fiscal years
2019 and 2020, to remain available
until expended.''; and
(III) by adding at the end the
following:
``(x) Authority to carry out additional
pilot projects.--
``(I) In general.--Subject to the
availability of funds under clause
(viii), the Secretary may carry out 8
or more additional pilot projects using
a competitive grant process.
``(II) Requirements.--Except as
otherwise provided in this clause, a
pilot project under this clause shall
meet the criteria described in clauses
(i), (ii)(II)(bb), and (iii) through
(vi) and items (aa) through (dd) of
clause (ii)(III).
``(III) Evaluation and reporting.--
``(aa) Optional
evaluation.--
``(AA) In
general.--The Secretary
shall have the option
to conduct an
independent
longitudinal evaluation
of pilot projects
carried out under this
clause, in accordance
with clause (vii)(I).
``(BB) Qualifying
criteria.--If the
Secretary determines to
conduct an independent
longitudinal evaluation
under subitem (AA), to
be eligible to
participate in a pilot
project under this
clause, a State agency
shall agree to
participate in the
evaluation described in
clause (vii), including
providing evidence that
the State has a robust
data collection system
for program
administration and is
cooperating to make
available State data on
the employment
activities and post-
participation
employment, earnings,
and public benefit
receipt of participants
to ensure proper and
timely evaluation.
``(bb) Reporting.--If the
Secretary determines not to
conduct an independent
longitudinal evaluation under
item (aa), subject to such
terms and conditions as the
Secretary determines to be
appropriate and not less
frequently than annually, each
State agency participating in a
pilot project carried out under
this clause shall submit to the
Secretary a report that
describes the results of the
pilot project.
``(IV) Voluntary activities.--
Except as provided in subclause (VIII),
employment and training activities
under a pilot project carried out under
this clause shall be voluntary for work
registrants.
``(V) Eligibility.--To be eligible
to participate in a pilot project
carried out under this clause, a State
agency shall commit to maintain at
least the amount of State funding for
employment and training programs and
services under paragraphs (2) and (3)
and under section 20 as the State
expended for fiscal year 2018.
``(VI) Limitation.--In carrying out
pilot projects under this clause, the
Secretary shall not be subject to the
limitation described in clause
(viii)(II)(aa).
``(VII) Priority.--In selecting
pilot projects under this clause, the
Secretary may give priority to pilot
projects that--
``(aa) are targeted to--
``(AA) individuals
50 years of age or
older;
``(BB) formerly
incarcerated
individuals;
``(CC) individuals
participating in a
substance abuse
treatment program.
``(DD) homeless
individuals;
``(EE) people with
disabilities seeking to
enter the workforce; or
``(FF) other
individuals with
substantial barriers to
employment; or
``(bb) support employment
and workforce participation
through an integrated and
family-focused approach in
providing supportive services.
``(VIII) Pilot projects for
mandatory participation in employment
and training activities.--A State
agency may be eligible to participate
in a pilot project under this clause to
test programs that assign work
registrants to mandatory participation
in employment and training activities,
on the conditions that--
``(aa) the pilot project
provides individualized case
management designed to help
remove barriers to employment
for participants; and
``(bb) a work registrant is
not assigned to employment and
training activities primarily
consisting of job search, job
search training, or workforce
activities.''; and
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``section 6(d)(4)''
and inserting ``this paragraph''; and
(II) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively, and indenting
appropriately;
(ii) in subparagraph (B)--
(I) in clause (ii), by
redesignating subclauses (I) and (II)
as items (aa) and (bb), respectively,
and indenting appropriately;
(II) in clause (iv)--
(aa) in the matter
preceding subclause (I), by
striking ``clause (iii)'' and
inserting ``subclause (III)'';
(bb) in subclause (IV)--
(AA) in item (cc),
by striking ``section
6(b)'' and inserting
``subsection (b)''; and
(BB) by
redesignating items
(aa) through (cc) as
subitems (AA) through
(CC), respectively, and
indenting
appropriately; and
(cc) by redesignating
subclauses (I) through (V) as
items (aa) through (ee),
respectively, and indenting
appropriately;
(III) by redesignating clauses (i)
through (iv) as subclauses (I) through
(IV), respectively, and indenting
appropriately; and
(IV) by adding at the end the
following:
``(V) State option.--The State
agency may report relevant data from a
workforce partnership carried out under
subparagraph (N) to demonstrate the
number of program participants served
by the workforce partnership.'';
(iii) in subparagraph (C)--
(I) in clause (iii), by striking
``and'' after the semicolon;
(II) in clause (iv)--
(aa) in the matter
preceding subclause (I)--
(AA) by striking
``paragraph (1)(E)''
and inserting
``subparagraph (E) of
section 16(h)(1)''; and
(BB) by striking
``paragraph (1)'' and
inserting ``that
section'';
(bb) in subclause (I)--
(AA) by striking
``paragraph
(1)(E)(ii)'' and
inserting ``section
16(h)(1)(E)(ii)''; and
(BB) by striking
``subparagraph (B) or
(C) of section
6(o)(2)'' and inserting
``clause (ii) or (iii)
of paragraph (2)(B)'';
(cc) in subclause (II), by
striking ``paragraph (1)(E)''
and inserting ``section
16(h)(1)(E)''; and
(dd) by redesignating
subclauses (I) through (III) as
items (aa) through (cc),
respectively, and indenting
appropriately;
(III) by redesignating clauses (i),
(ii), (iii), and (iv) as subclauses
(I), (II), (IV), and (VI),
respectively, and indenting
appropriately;
(IV) by inserting after subclause
(II) (as so redesignated) the
following:
``(III) that the State agency has
consulted with the State workforce
board or, if appropriate, private
employers or employer organizations, in
the design of the employment and
training program;''; and
(V) by inserting after subclause
(IV) (as so redesignated) the
following:
``(V) that the employment and
training program components of the
State agency are responsive to State or
local workforce needs; and'';
(iv) in subparagraph (D), by striking
``subparagraph (B)'' and inserting ``clause
(ii)'';
(v) in subparagraph (E), by inserting ``or
that the employment and training program is not
adequately meeting State or local workforce
needs'' after ``is inadequate'';
(vi) in subparagraph (F)--
(I) in the matter preceding clause
(i), by striking ``October 1, 2016''
and inserting ``October 1, 2020'';
(II) in clause (i), by striking
``and'' after the semicolon;
(III) in clause (ii), by striking
the period at the end and inserting ``;
and'';
(IV) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively, and indenting
appropriately; and
(V) by adding at the end the
following:
``(III) are meeting State or local
workforce needs.'';
(vii) by redesignating subparagraphs (A)
through (F) (as so amended) as clauses (i)
through (vi), respectively, and indenting
appropriately; and
(viii) by redesignating the paragraph as
subparagraph (P), indenting the subparagraph
appropriately, and moving the subparagraph so
as to appear after subparagraph (O) of section
6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)) (as added by subsection
(b)(5)).
(2) Research, demonstration, and evaluations.--Section 17
of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended--
(A) in subsection (b)--
(i) by striking paragraphs (2) and (3);
(ii) by striking ``(b)(1)(A) The
Secretary'' and inserting the following:
``(b) Demonstration Projects; Pilot Projects.--
``(1) In general.--The Secretary'';
(iii) in paragraph (1) (as so designated)--
(I) in subparagraph (D)--
(aa) in clause (i), in the
matter preceding subclause (I),
by striking ``subparagraph
(A)'' and inserting ``paragraph
(1)'';
(bb) in clause (ii), by
striking ``clause (i)'' and
inserting ``subparagraph (A)'';
and
(cc) in clause (iii), by
striking ``clause (i)(III)''
and inserting ``subparagraph
(A)(iii)'';
(II) by redesignating subparagraph
(D) as paragraph (4), and indenting
appropriately;
(III) in subparagraph (C), by
striking ``(C)(i) No waiver'' and
inserting the following:
``(3) Restrictions.--
``(A) In general.--No waiver'';
(IV) in subparagraph (B)--
(aa) in clause (i), in the
matter preceding subclause (I),
by striking ``subparagraph
(A)'' and inserting ``paragraph
(1)'';
(bb) in clause (ii)--
(AA) in the matter
preceding subclause
(I), by striking
``subparagraph (A)''
and inserting
``paragraph (1)''; and
(BB) in subclause
(IV), by striking
``this paragraph'' and
inserting ``this
subsection'';
(cc) in clause (iii), in
the matter preceding subclause
(I), by striking ``subparagraph
(A)'' and inserting ``paragraph
(1)'';
(dd) in clause (iv)--
(AA) in the matter
preceding subclause
(I), by striking
``subparagraph (A)''
and inserting
``paragraph (1)'';
(BB) in subclause
(I), by striking ``the
date of enactment of
this subparagraph'' and
inserting ``August 22,
1996'';
(CC) in subclause
(III)(aa), by striking
``3(n)'' and inserting
``3(q)'';
(DD) in subclause
(III)(dd), by striking
``(2)(B)'' and
inserting
``(1)(E)(ii)'';
(EE) in subclause
(III)(ii), by striking
``this paragraph'' and
inserting ``this
subsection''; and
(FF) in subclause
(IV)(bb), by striking
``this subclause'' and
inserting ``this
clause''; and
(ee) in clause (vi), by
striking ``this paragraph'' and
inserting ``this subsection'';
and
(V) by redesignating subparagraph
(B) as paragraph (2) and indenting
appropriately;
(iv) in paragraph (2) (as so
redesignated)--
(I) by redesignating clauses (i)
through (vi) as subparagraphs (A)
through (F), respectively, and
indenting appropriately;
(II) in subparagraph (A) (as so
redesignated), by redesignating
subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting
appropriately;
(III) in subparagraph (B) (as so
redesignated), by redesignating
subclauses (I) through (IV) as clauses
(i) through (iv), respectively, and
indenting appropriately;
(IV) in subparagraph (C) (as so
redesignated), by redesignating
subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting
appropriately; and
(V) in subparagraph (D) (as so
redesignated)--
(aa) by redesignating
subclauses (I) through (VII) as
clauses (i) through (vii),
respectively, and indenting
appropriately;
(bb) in clause (iii) (as so
redesignated), by redesignating
items (aa) through (jj) as
subclauses (I) through (X),
respectively, and indenting
appropriately; and
(cc) in clause (iv) (as so
redesignated), by redesignating
items (aa) and (bb) as
subclauses (I) and (II),
respectively, and indenting
appropriately;
(v) in paragraph (3) (as so redesignated)--
(I) in subparagraph (A) (as so
redesignated)--
(aa) in the matter
preceding subclause (I), by
striking ``the date of
enactment of this
subparagraph'' and inserting
``November 28, 1990''; and
(bb) in clause (ii), by
striking ``(ii) Clause (i)''
and inserting the following:
``(B) Application.--Subparagraph (A)''; and
(II) in subparagraph (A) (as so
redesignated), by redesignating
subclauses (I) and (II) as clauses (i)
and (ii), respectively, and indenting
appropriately; and
(vi) in paragraph (4) (as so
redesignated)--
(I) by redesignating clauses (i)
through (iii) as subparagraphs (A)
through (C), respectively, and
indenting appropriately; and
(II) in subparagraph (A) (as so
redesignated), by redesignating
subclauses (I) through (IV) as clauses
(i) through (iv), respectively, and
indenting appropriately;
(B) by striking subsection (d);
(C) by redesignating subsections (e) through (l) as
subsections (d) through (k), respectively; and
(D) in subsection (e) (as so redesignated), in the
first sentence, by striking ``subsection (b)(1)'' and
inserting ``subsection (b)''.
(d) Authorization of Appropriations.--Section 18 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2027) is amended by adding at the end
the following:
``(i) Restriction.--No funds authorized to be appropriated under
this Act shall be used to operate a workforce partnership under section
6(d)(4)(N).''.
(e) Conforming Amendments.--
(1) Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended in the second sentence by striking
``(d)(2)'' and inserting ``(d)(1)(E)''.
(2) Section 6(i)(3) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(i)(3)) is amended by striking ``(d)'' and
inserting ``(d)(1)''.
(3) Section 7(h)(6) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(h)(6)) is amended by striking ``17(f)'' and
inserting ``17(e)''.
(4) Section 7(i)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(i)(1)) is amended by striking ``6(o)(2)'' and
inserting ``6(d)(2)(B)''.
(5) Section 7(j)(1)(G) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(j)(1)(G)) is amended by striking ``17(f)''
and inserting ``17(e)''.
(6) Section 11(n) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(n)) is amended by striking ``17(b)(1)'' and
inserting ``17(b)''.
(7) Section 16(b)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(b)(4)) is amended by striking ``section 6(d)''
and inserting ``section 6(d)(1)''.
(8) Section 20(b)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2029(b)(1)) is amended by striking ``clause (B), (C),
(D), (E), or (F) of section 6(d)(2)'' and inserting ``clause
(ii), (iii), (iv), (v), or (vi) of section 6(d)(1)(E)''.
(9) Section 103(a)(2)(D) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113(a)(2)(D)) is amended by
striking ``section 6(o) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(o))'' and inserting ``paragraph (2) of section
6(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d))''.
(10) Section 121(b)(2)(B)(iv) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(b)(2)(B)(iv)) is amended by
striking ``section 6(o) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(o))'' and inserting ``paragraph (2) of section
6(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d))''.
(11) Section 23(b)(7)(D)(ii) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769d(b)(7)(D)(ii)) is
amended by striking ``section 17(b)(1)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B))'' and inserting
``paragraph (2) of section 17(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2026(b))''.
(12) Section 24(g)(3)(C) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769e(g)(3)(C)) is amended by
striking ``section 17(b)(1)(B) of the Food and Nutrition Act of
2008 (7 U.S.C. 2026(b)(1)(B))'' and inserting ``paragraph (2)
of section 17(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2026(b))''.
SEC. 4104. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER SYSTEM.
(a) Prohibited Fees.--Section 7 of the Food and Nutrition Act of
2008 (7 U.S.C. 2016) is amended--
(1) in subsection (f)(2)(C), in the subparagraph heading,
by striking ``Interchange'' and inserting ``Prohibited''; and
(2) in subsection (h), by striking paragraph (13) and
inserting the following:
``(13) Prohibited fees.--
``(A) Definition of switching.--In this paragraph,
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 EBT card in 1 State to the issuer
of the card in--
``(i) the same State; or
``(ii) another State.
``(B) Prohibition.--
``(i) Interchange fees.--No interchange fee
shall apply to an electronic benefit transfer
transaction under this subsection.
``(ii) Other fees.--
``(I) In general.--No fee charged
by a benefit issuer (including any
affiliate of a benefit issuer), or by
any agent or contractor when acting on
behalf of such benefit issuer, to a
third party relating to the switching
or routing of benefits to the same
benefit issuer (including any affiliate
of the benefit issuer) shall apply to
an electronic benefit transfer
transaction under this subsection.
``(II) Effective date.--The
prohibition under subclause (I) shall
be effective through fiscal year
2022.''.
(b) EBT Portability.--Section 7(f)(5) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the end the
following:
``(C) Operation of individual point of sale device
by farmers' markets and direct marketing farmers.--A
farmers' market or direct marketing farmer that is
exempt under paragraph (2)(B)(i) shall be allowed to
operate an individual electronic benefit transfer point
of sale device at more than 1 location under the same
supplemental nutrition assistance program
authorization, if--
``(i) the farmers' market or direct
marketing farmer provides to the Secretary
information on location and hours of operation
at each location; and
``(ii)(I) the point of sale device used by
the farmers' market or direct marketing farmer
is capable of providing location information of
the device through the electronic benefit
transfer system; or
``(II) if the Secretary determines that the
technology is not available for a point of sale
device to meet the requirement under subclause
(I), the farmers' market or direct marketing
farmer provides to the Secretary any other
information, as determined by the Secretary,
necessary to ensure the integrity of
transactions processed using the point of sale
device.''.
(c) Evaluation of State Electronic Benefit Transfer Systems.--
Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h))
is amended by adding at the end the following:
``(15) GAO evaluation and study of state electronic benefit
transfer systems.--
``(A) Evaluation.--
``(i) In general.--Not later than 18 months
after the date of enactment of this paragraph,
the Comptroller General of the United States
(referred to in this paragraph as the
`Comptroller General') shall evaluate for each
electronic benefit transfer system of a State
agency selected in accordance with clause
(ii)--
``(I) any type of fee charged--
``(aa) by the benefit
issuer (or an affiliate, agent,
or contractor of the benefit
issuer) of the State agency for
electronic benefit transfer-
related services, including
electronic benefit transfer-
related services that did not
exist before February 7, 2014;
and
``(bb) to any retail food
stores, including retail food
stores that are exempt under
subsection (f)(2)(B)(i) for
electronic benefit transfer-
related services;
``(II) in consultation with the
Secretary and the retail food stores
within the State, any electronic
benefit transfer system outages
affecting the EBT cards of the State
agency;
``(III) in consultation with the
Secretary, any type of entity that--
``(aa) provides electronic
benefit transfer equipment and
related services to the State
agency, any benefit issuers of
the State agency, or any retail
food stores within the State;
``(bb) routes or switches
transactions through the
electronic benefit transfer
system of the State agency; or
``(cc) has access to
transaction information in the
electronic benefit transfer
system of the State agency; and
``(IV) in consultation with the
Secretary, any emerging entities,
services, or technologies in use with
respect to the electronic benefit
transfer system of the State agency.
``(ii) Selection criteria.--The Comptroller
General shall select for evaluation under
clause (i)--
``(I) with respect to each benefit
issuer that provides electronic benefit
transfer-related services to 1 or more
State agencies, not fewer than 1
electronic benefit transfer system
provided by that benefit issuer; and
``(II) any electronic benefit
transfer system of a State agency that
has experienced significant or frequent
outages during the 2-year period
preceding the date of enactment of this
paragraph.
``(B) Study.--Not later than 2 years after the date
of enactment of this paragraph, the Comptroller General
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 based on the evaluation carried out under
subparagraph (A) that includes--
``(i) a description of the types of
entities that--
``(I) provide electronic benefit
transfer equipment and related services
to State agencies, benefit issuers, and
retail food stores;
``(II) route or switch transactions
through electronic benefit transfer
systems of State agencies; or
``(III) have access to transaction
information in electronic benefit
transfer systems of State agencies;
``(ii) a description of emerging entities,
services, and technologies in use with respect
to electronic benefit transfer systems of State
agencies; and
``(iii) a summary of--
``(I) the types of fees charged--
``(aa) by benefit issuers
(or affiliates, agents, or
contractors of benefit issuers)
of State agencies for
electronic benefit transfer-
related services, including
whether the types of fees
existed before February 7,
2014; and
``(bb) to any retail food
stores, including retail food
stores that are exempt under
subsection (f)(2)(B)(i) for
electronic benefit transfer-
related services;
``(II)(aa) the causes of any
electronic benefit transfer system
outages affecting EBT cards; and
``(bb) potential solutions to
minimize the disruption of outages to
participating households.
``(16) Review of ebt systems requirements.--
``(A) Review.--
``(i) In general.--Not later than 18 months
after the date of enactment of this paragraph,
the Secretary shall review for each electronic
benefit transfer system of a State agency
selected under clause (ii)--
``(I) any contracts or other
agreements between the State agency and
the benefit issuer of the State agency
to determine--
``(aa) the customer service
requirements of the benefit
issuer, including call center
requirements; and
``(bb) the consistency and
compatibility of data provided
by the benefit issuer to the
Secretary for appropriate
oversight of possible
fraudulent transactions; and
``(II) the use of third-party
applications that access the electronic
benefit transfer system to provide
electronic benefit transfer account
information to participating
households.
``(ii) Selection criteria.--The Secretary
shall select for the review under clause (i)
not fewer than 5 electronic benefit transfer
systems of State agencies, of which--
``(I) with respect to each benefit
issuer that provides electronic benefit
transfer-related services to 1 or more
State agencies, not fewer than 1 shall
be provided by that benefit issuer; and
``(II) not more than 4 shall have
experienced significant or frequent
outages during the 2-year period
preceding the date of enactment of this
paragraph.
``(B) Regulations and guidance.--Based on the study
conducted by the Comptroller General of the United
States under paragraph (15)(B) and the review conducted
by the Secretary under subparagraph (A), the Secretary
shall promulgate such regulations or issue such
guidance as the Secretary determines appropriate--
``(i) to prohibit the imposition of any fee
that is inconsistent with paragraph (13);
``(ii) to minimize electronic benefit
system outages;
``(iii) to update procedures to handle
electronic benefit transfer system outages that
minimize disruption to participating households
and retail food stores while protecting against
fraud and abuse;
``(iv) to develop cost-effective customer
service standards for benefit issuers,
including benefit issuer call centers or other
customer service options equivalent to call
centers, that would ensure adequate customer
service for participating households;
``(v) to address the use of third-party
applications that access electronic benefit
transfer systems to provide electronic benefit
transfer account information to participating
households, including by establishing
safeguards consistent with sections 9(c) and
11(e)(8) to protect the privacy of data
relating to participating households and
approved retail food stores; and
``(vi) to improve the reliability of
electronic benefit transfer systems.
``(C) Report.--Not later than 2 years after the
date of enactment of this paragraph, 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 a description of the effects, if
any, on an electronic benefit transfer system of a
State agency from the use of third-party applications
that access the electronic benefit transfer system to
provide electronic benefit transfer account information
to participating households.''.
(d) Approval of Retail Food Stores.--Section 9 of the Food and
Nutrition Act (7 U.S.C. 2018) is amended--
(1) in subsection (a)(1)--
(A) in the fourth sentence, by striking ``No retail
food store'' and inserting the following:
``(D) Visit required.--No retail food store'';
(B) in the third sentence, by striking ``Approval''
and inserting the following:
``(C) Certificate.--Approval'';
(C) in the second sentence--
(i) by striking ``food; and (D) the'' and
inserting the following: ``food;
``(iv) any information, if available, about
the ability of the anticipated or existing
electronic benefit transfer equipment and
service provider of the applicant to provide
sufficient information through the electronic
benefit transfer system to minimize the risk of
fraudulent transactions; and
``(v) the'';
(ii) by striking ``concern; (C) whether''
and inserting the following: ``concern;
``(iii) whether'';
(iii) by striking ``applicant; (B) the''
and inserting the following: ``applicant;
``(ii) the'';
(iv) by striking ``following: (A) the
nature'' and inserting the following:
``following:
``(i) the nature''; and
(v) in the matter preceding clause (i) (as
so designated), by striking ``In determining''
and inserting the following:
``(B) Factors for consideration.--In determining'';
and
(D) in the first sentence, by striking ``(a)(1)
Regulations'' and inserting the following:
``(a) Authorization to Accept and Redeem Benefits.--
``(1) Applications.--
``(A) In general.--Regulations'';
(2) in subsection (a), by adding at the end the following:
``(4) Electronic benefit transfer equipment and service
providers.--Before implementing clause (iv) of paragraph
(1)(B), the Secretary shall issue guidance for retail food
stores on how to select electronic benefit transfer equipment
and service providers that are able to meet the requirements of
that clause.''; and
(3) in subsection (c), in the first sentence, by inserting
``records relating to electronic benefit transfer equipment and
related services, transaction and redemption data provided
through the electronic benefit transfer system,'' after
``purchase invoices,''.
SEC. 4105. RETAIL INCENTIVES.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended by adding at the end the following:
``(i) Incentives.--
``(1) Definition of eligible incentive food.--In this
subsection, the term `eligible incentive food' means food that
is--
``(A) identified for increased consumption by the
most recent Dietary Guidelines for Americans published
under section 301 of the National Nutrition Monitoring
and Related Research Act of 1990 (7 U.S.C. 5341); and
``(B) a fruit, a vegetable, low-fat dairy, or a
whole grain.
``(2) Regulations.--
``(A) In general.--The Secretary shall promulgate
regulations to clarify the process by which an approved
retail food store may seek a waiver to offer an
incentive that may be used only for the purchase of
eligible incentive food at the point of purchase to a
household purchasing food with benefits issued under
this Act.
``(B) Regulations.--The regulations under
subparagraph (A) shall establish a process under which
an approved retail food store, prior to carrying out an
incentive program under this subsection, shall provide
to the Secretary information describing the incentive
program, including--
``(i) the types of incentives that will be
offered;
``(ii) the types of foods that will be
incentivized for purchase; and
``(iii) an explanation of how the incentive
program intends to support meeting dietary
intake goals.
``(3) No limitation on benefits.--A waiver granted under
this subsection shall not be used to carry out any activity
that limits the use of benefits under this Act or any other
Federal nutrition law.
``(4) Effect.--Regulations promulgated under this
subsection shall not affect any requirements under section 4405
of the Food, Conservation, and Energy Act of 2008 (7 U.S.C.
7517) or section 4304 of the Agriculture Improvement Act of
2018, including the eligibility of a retail food store to
participate in a project funded under those sections.
``(5) 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
an annual report describing the types of incentives approved
under this subsection.''.
SEC. 4106. REQUIRED ACTION ON DATA MATCH INFORMATION.
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'' after the
semicolon;
(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 for a household participating in the
supplemental nutrition assistance program, the State agency
shall pursue clarification and verification, if applicable, of
information relating to the circumstances of the household
received from data matches for the purpose of ensuring an
accurate eligibility and benefit determination, only if the
information--
``(A) appears to present significantly conflicting
information from the information that was used by the
State agency at the time of certification of the
household;
``(B) is obtained from data matches carried out
under subsection (q), (r), or (w); or
``(C)(i) is fewer than 60 days old relative to the
current month of participation of the household; and
``(ii) if accurate, would have been required to be
reported by the household based on the reporting
requirements assigned to the household by the State
agency under section 6(c).''.
SEC. 4107. INCOME VERIFICATION.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026)
(as amended by section 4103(c)(2)(C)) is amended by adding at the end
the following:
``(l) Pilot Projects for Improving Earned Income Verification.--
``(1) In general.--Under such terms and conditions as the
Secretary considers to be appropriate, the Secretary shall
establish a pilot program (referred to in this subsection as
the `pilot program') under which not more than 8 States may
carry out pilot projects to test strategies to improve the
accuracy or efficiency of the process for verification of
earned income at certification and recertification of applicant
households for the supplemental nutrition assistance program.
``(2) Contract options.--
``(A) In general.--In carrying out the pilot
program, prior to soliciting applications for pilot
projects from State agencies, the Secretary shall--
``(i) assess the availability of up-to-date
earned income information from different
commercial data service providers; and
``(ii) make a determination regarding the
overall cost-effectiveness to the Department of
Agriculture and the State agencies
administering the supplemental nutrition
assistance program of--
``(I) the Secretary entering into a
contract with a commercial data service
provider to provide to State agencies
carrying out pilot projects up-to-date
earned income information for
verification of the earned income at
certification and recertification of
applicant households for the
supplemental nutrition assistance
program;
``(II) the Secretary entering into
an agreement with the Secretary of
Health and Human Services to allow
State agencies carrying out pilot
projects to verify earned income
information at certification and
recertification of applicant households
for the supplemental nutrition
assistance program in the State using
up-to-date earned income information
from a commercial data service provider
under the electronic interface
developed by the State and used by the
State Medicaid agency to verify income
eligibility for the State Medicaid
program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
or
``(III) a State agency carrying out
a pilot project entering into a
contract with a commercial data service
provider to obtain up-to-date earned
income information to verify the earned
income at certification and
recertification of applicant households
for the supplemental nutrition
assistance program in the State.
``(B) Authority to enter into contracts.--If
determined appropriate by the Secretary, the Secretary
may, based on the cost-effectiveness determination
described in subparagraph (A)(ii)--
``(i) enter into a contract described in
subclause (I) of that subparagraph;
``(ii) enter into an agreement described in
subclause (II) of that subparagraph; or
``(iii) allow each State agency carrying
out a pilot project to enter into a contract
described in subclause (III) of that
subparagraph, on the condition that the Federal
share of the cost of the contract shall not
exceed 75 percent of the total cost of the
contract.
``(C) Report.--Not later than 1 year after the date
of enactment of this subsection, 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
describes the results of the assessment and
determination under subparagraph (A).
``(3) Pilot projects.--
``(A) Application.--A State agency seeking to carry
out a pilot project under the pilot program shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require, including--
``(i) an identification of the 1 or more
proposed changes to the process for verifying
earned income used by the State agency;
``(ii) a description of how the proposed
changes under clause (i) would meet the purpose
described in paragraph (1); and
``(iii) a plan to evaluate how the proposed
changes under clause (i) would improve the
accuracy or efficiency of the verification of
earned income at certification and
recertification of applicant households for the
supplemental nutrition assistance program in
the State.
``(B) Selection criteria.--The Secretary shall
select to carry out pilot projects State agencies that,
as determined by the Secretary--
``(i) do not have access to up-to-date
earned income information for the verification
of earned income at certification and
recertification of applicant households for the
supplemental nutrition assistance program in
the State;
``(ii) would be able to access and use, for
the verification of earned income at
certification and recertification of applicant
households for the supplemental nutrition
assistance program in the State, up-to-date
earned income information used to determine
eligibility for another Federal assistance
program; or
``(iii) have cost-effective, innovative
approaches to verifying earned income that
would improve the accuracy or efficiency of the
verification of earned income at certification
and recertification of applicant households for
the supplemental nutrition assistance program
in the State.
``(4) Grants.--The Secretary may make grants to a State
agency to carry out a pilot project.
``(5) Effect on other requirements.--A pilot project
carried out under this subsection shall not alter the
eligibility requirements under section 5 or the reporting
requirements under section 6(c).
``(6) Report.--Not later than 180 days after the date on
which the pilot program terminates under paragraph (8), 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 describes
the results of the pilot projects carried out under the pilot
program.
``(7) Funding.--
``(A) In general.--Out of funds made available
under section 18(a)(1), on October 1, 2018, the
Secretary shall make available $10,000,000 to carry out
this subsection, to remain available until expended.
``(B) Costs.--The Secretary shall allocate not more
than 10 percent of the amounts made available under
subparagraph (A) to carry out subparagraphs (A) and (C)
of paragraph (2) and paragraph (6).
``(8) Termination.--The pilot program shall terminate not
later than September 30, 2022.''.
SEC. 4108. PILOT PROJECTS TO IMPROVE HEALTHY DIETARY PATTERNS RELATED
TO FLUID MILK IN THE SUPPLEMENTAL NUTRITION ASSISTANCE
PROGRAM.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026)
(as amended by section 4107) is amended by adding at the end the
following:
``(m) Pilot Projects to Improve Healthy Dietary Patterns Related to
Fluid Milk Consumption Among Participants or Households in the
Supplemental Nutrition Assistance Program That Under-consume Fluid
Milk.--
``(1) Definition of fluid milk.--In this subsection, the
term `fluid milk' means cow milk, without flavoring or
sweeteners, consistent with the most recent Dietary Guidelines
for Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C.
5341), that is packaged in liquid form.
``(2) Pilot projects.--The Secretary shall carry out, under
such terms and conditions as the Secretary considers to be
appropriate, pilot projects to develop and test methods that
would increase the purchase of fluid milk, in a manner
consistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), by
individuals or households participating in the supplemental
nutrition assistance program that under-consume fluid milk by
providing an incentive for the purchase of fluid milk at the
point of purchase to a household purchasing food with
supplemental nutrition assistance program benefits.
``(3) Grants or cooperative agreements.--
``(A) In general.--In carrying out this subsection,
the Secretary may enter into competitively awarded
cooperative agreements with, or provide grants to, a
government agency or nonprofit organization for use in
accordance with projects that meet the strategic goals
of this subsection, including allowing the government
agency or nonprofit organization to award subgrants to
retail food stores authorized under this Act.
``(B) Application.--To be eligible to receive a
cooperative agreement or grant under this paragraph, a
government agency or nonprofit organization shall
submit to the Secretary an application at such time, in
such manner, and containing such information as the
Secretary may require.
``(C) Selection criteria.--Pilot projects shall be
evaluated against publicly disseminated criteria that
shall include--
``(i) incorporation of a scientifically
based strategy that is designed to improve diet
quality through the increased purchase of fluid
milk for participants or households in the
supplemental nutrition assistance program that
under-consume fluid milk;
``(ii) a commitment to a pilot project that
allows for a rigorous outcome evaluation,
including data collection; and
``(iii) other criteria, as determined by
the Secretary.
``(D) Use of funds.--Funds provided under this
paragraph shall not be used for any project that limits
the use of benefits under this Act.
``(E) Duration.--Each pilot project carried out
under this subsection shall be in effect for not more
than 24 months.
``(4) Projects.--Pilot projects carried out under paragraph
(2) shall include projects to determine whether incentives for
the purchase of fluid milk by individuals or households
participating in the supplemental nutrition assistance program
that under-consume fluid milk result in--
``(A) improved nutritional outcomes for
participating individuals or households;
``(B) changes in purchasing and consumption of
fluid milk among participating individuals or
households; or
``(C) diets more closely aligned with healthy
eating patterns consistent with the most recent Dietary
Guidelines for Americans published under section 301 of
the National Nutrition Monitoring and Related Research
Act of 1990 (7 U.S.C. 5341).
``(5) Evaluation and reporting.--
``(A) Evaluation.--
``(i) Independent evaluation.--
``(I) In general.--The Secretary
shall provide for an independent
evaluation of projects selected under
this subsection that measures the
impact of the pilot program on health
and nutrition as described in
paragraphs (2) through (4).
``(II) Requirement.--The
independent evaluation under subclause
(I) shall use rigorous methodologies,
particularly random assignment or other
methods that are capable of producing
scientifically valid information
regarding which activities are
effective.
``(ii) Costs.--The Secretary may use funds
provided to carry out this subsection to pay
costs associated with monitoring and evaluating
each pilot project.
``(B) Reporting.--Not later than 90 days after the
last day of fiscal year 2019 and each fiscal year
thereafter until the completion of the last evaluation
under subparagraph (A), 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 a description of--
``(i) the status of each pilot project;
``(ii) the results of the evaluation
completed during the previous fiscal year; and
``(iii) to the maximum extent practicable--
``(I) the impact of the pilot
project on appropriate health,
nutrition, and associated behavioral
outcomes among households participating
in the pilot project;
``(II) baseline information
relevant to the stated goals and
desired outcomes of the pilot project;
and
``(III) equivalent information
about similar or identical measures
among control or comparison groups that
did not participate in the pilot
project.
``(C) Public dissemination.--In addition to the
reporting requirements under subparagraph (B),
evaluation results shall be shared broadly to inform
policy makers, service providers, other partners, and
the public to promote wide use of successful
strategies.
``(6) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $20,000,000, to remain available until
expended.
``(B) Appropriations 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. 4109. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE ISSUANCES.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is
amended by adding at the end the following:
``(w) National Accuracy Clearinghouse.--
``(1) Definition of indication of multiple issuance.--In
this subsection, the term `indication of multiple issuance'
means an indication, based on a computer match, that benefits
are being issued to an individual under the supplemental
nutrition assistance program from more than 1 State
simultaneously.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish an
interstate data system, to be known as the `National
Accuracy Clearinghouse', to prevent the simultaneous
issuance of benefits to an individual by more than 1
State under the supplemental nutrition assistance
program.
``(B) Data matching.--The Secretary shall require
that States make available to the National Accuracy
Clearinghouse only such information as is necessary for
the purpose described in subparagraph (A).
``(C) Data protection.--The information made
available by States under subparagraph (B)--
``(i) shall be used only for the purpose
described in subparagraph (A); and
``(ii) shall not be retained for longer
than is necessary to accomplish that purpose.
``(3) Issuance of interim final regulations.--Not later
than 18 months after the date of enactment of this subsection,
the Secretary shall promulgate regulations (which shall include
interim final regulations) to carry out this subsection that--
``(A) incorporate best practices and lessons
learned from the pilot program under section 4032(c) of
the Agricultural Act of 2014 (7 U.S.C. 2036c(c));
``(B) require a State to take appropriate action,
as determined by the Secretary, with respect to each
indication of multiple issuance or indication that an
individual receiving benefits in 1 State has applied to
receive benefits in another State, while ensuring
timely and fair service to applicants for, and
participants in, the supplemental nutrition assistance
program;
``(C) limit the information submitted through or
retained by the National Accuracy Clearinghouse to
information necessary to accomplish the purpose
described in paragraph (2)(A);
``(D) establish safeguards to protect--
``(i) the information submitted through or
retained by the National Accuracy
Clearinghouse, including by limiting the period
of time that information is retained to the
period necessary to accomplish the purpose
described in paragraph (2)(A); and
``(ii) the privacy of information that is
submitted through or retained by the National
Accuracy Clearinghouse, which shall include--
``(I) prohibiting any contractor
who has access to information that is
submitted through or retained by the
National Accuracy Clearinghouse from
using that information for purposes not
directly related to the purpose
described in paragraph (2)(A); and
``(II) other safeguards, consistent
with subsection (e)(8);
``(E) establish a process by which a State shall--
``(i) not later than 3 years after the date
of enactment of this subsection, conduct a
computer match using the National Accuracy
Clearinghouse;
``(ii) after the first computer match under
clause (i), conduct computer matches on an
ongoing basis, as determined by the Secretary;
``(iii) identify and take appropriate
action, as determined by the Secretary, with
respect to each indication of multiple issuance
or indication that an individual receiving
benefits in 1 State has applied to receive
benefits in another State; and
``(iv) protect the identity and location of
a vulnerable individual (including a victim of
domestic violence) that is an applicant to or
participant of the supplemental nutrition
assistance program; and
``(F) include other rules and standards, as
determined by the Secretary.''.
SEC. 4110. QUALITY CONTROL.
(a) Records.--
(1) In general.--Section 11(a)(3)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended in
the matter preceding clause (i) by inserting ``and systems
containing those records'' after ``subparagraph (A)''.
(2) Cost sharing for computerization.--Section 16(g)(1) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)) is
amended--
(A) in subparagraph (E), by striking ``and'' at the
end;
(B) in subparagraph (F)(ii), 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
inspection and audit under section 11(a)(3)(B); and''.
(b) Quality Control System.--Section 16(c)(1) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Quality control system integrity.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall
issue interim final regulations that--
``(I) ensure that the quality
control system established under this
subsection produces valid statistical
results;
``(II) provide for oversight of
contracts entered into by a State
agency for the purpose of improving
payment accuracy;
``(III) ensure the accuracy of data
collected under the quality control
system established under this
subsection; and
``(IV) to the maximum extent
practicable, for each fiscal year,
evaluate the integrity of the quality
control process of not fewer than 2
State agencies, selected in accordance
with criteria determined by the
Secretary.
``(ii) Debarment.--In accordance with the
nonprocurement debarment procedures under part
417 of title 2, Code of Federal Regulations (or
successor regulations), the Secretary shall bar
any person that, in carrying out the quality
control system established under this
subsection, knowingly submits, or causes to be
submitted, false information to the
Secretary.''.
(c) Elimination of State Bonuses for Error Rates.--
(1) In general.--Section 16(d) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(d)) is amended--
(A) by striking the subsection heading and
inserting ``State Performance Indicators and Bonuses.--
''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking
``subparagraph (B)(ii)'' and inserting
``clauses (ii) and (iii) of subparagraph (B)'';
and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``With respect'' and
all that follows through the end of
clause (i) and inserting the following:
``(i) Performance measurement.--With
respect to fiscal year 2005 and each fiscal
year thereafter, the Secretary shall measure
the performance of each State agency with
respect to the criteria established under
subparagraph (A)(i).'';
(II) in clause (ii), by striking
``(ii) subject to paragraph (3),'' and
inserting the following:
``(ii) Performance bonuses for fiscal years
2005 through 2017.--With respect to each of
fiscal years 2005 through 2017, subject to
paragraph (3), the Secretary shall''; and
(III) by adding at the end the
following:
``(iii) Performance bonuses for fiscal
years 2018 and thereafter.--
``(I) In general.--With respect to
fiscal year 2018 and each fiscal year
thereafter, subject to subclause (II)
and paragraph (3), the Secretary shall
award performance bonus payments in the
following fiscal year, in a total
amount of $6,000,000 for each fiscal
year, to State agencies that meet
standards for high or most improved
performance established by the
Secretary under subparagraph (A)(ii)
for the measure of application
processing timeliness.
``(II) Performance bonus payments
for fiscal year 2018 performance.--The
Secretary shall award performance bonus
payments in a total amount of
$6,000,000 to State agencies in fiscal
year 2019 for fiscal year 2018
performance, in accordance with
subclause (I).''.
(2) Conforming amendment.--Section 16(i)(1) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(i)(1)) is amended by
striking ``(as defined in subsection (d)(1))''.
SEC. 4111. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR CERTAIN
PILOT PROJECTS RELATING TO COST SHARING FOR
COMPUTERIZATION.
Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(g)(1)) (as amended by section 4110(a)(2)) is amended--
(1) in subparagraph (F), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
(2) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii), respectively, and indenting
appropriately;
(3) in the matter preceding clause (i) (as so
redesignated)--
(A) by striking ``paragraphs (2) and (3)'' and
inserting ``paragraph (2)''; and
(B) by striking ``in the planning'' and inserting
the following: ``in the--
``(A) planning'';
(4) in clause (v) (as so redesignated) of subparagraph (A)
(as so designated), by striking ``implementation, including
through pilot projects in limited areas for major systems
changes as determined under rules promulgated by the Secretary,
data from which'' and inserting the following:
``implementation, including a requirement that--
``(I) such testing shall be
accomplished through pilot projects in
limited areas for major systems changes
(as determined under rules promulgated
by the Secretary);
``(II) each pilot project described
in subclause (I) that is carried out
before the implementation of a system
shall be conducted in a live-production
environment; and
``(III) the data resulting from
each pilot project carried out under
this clause''; and
(5) by adding at the end the following:
``(B) operation of 1 or more automatic data
processing and information retrieval systems that the
Secretary determines may continue to be operated in
accordance with clauses (i) through (vii) of
subparagraph (A).''.
SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.
Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(a)(1)) is amended in the first sentence by striking ``2018'' and
inserting ``2023''.
SEC. 4113. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2034(b)(2)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking ``fiscal year 2015 and
each fiscal year thereafter.'' and inserting ``each of fiscal
years 2015 through 2018; and''; and
(3) by adding at the end the following:
``(D) $5,000,000 for fiscal year 2019 and each
fiscal year thereafter.''.
SEC. 4114. NUTRITION EDUCATION STATE PLANS.
Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``Except as provided in subparagraph
(C), a'' and inserting ``A'';
(ii) in clause (ii), by striking ``and''
after the semicolon;
(iii) by redesignating clause (iii) as
clause (iv); and
(iv) by inserting after clause (ii) the
following:
``(iii) describe how the State agency shall
use an electronic reporting system that
measures and evaluates the projects; and''; and
(B) by striking subparagraph (C);
(2) in paragraph (3)(B), in the matter preceding clause
(i), by inserting ``, the Director of the National Institute of
Food and Agriculture,'' before ``and outside stakeholders'';
(3) in paragraph (5), by inserting ``the expanded food and
nutrition education program or'' before ``other health
promotion''; and
(4) by adding at the end the following:
``(6) Report.--The State agency shall submit to the
Secretary an annual evaluation report in accordance with
regulations issued by the Secretary.''.
SEC. 4115. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) State Plan.--Section 202A(b) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7503(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) at the option of the State agency, describe a plan of
operation for 1 or more projects in partnership with 1 or more
emergency feeding organizations located in the State to
harvest, process, and package donated commodities received
under section 203D(d); and
``(6) describe a plan, which may include the use of a State
advisory board established under subsection (c), that provides
emergency feeding organizations or eligible recipient agencies
within the State an opportunity to provide input on the
commodity preferences and needs of the emergency feeding
organization or eligible recipient agency.''.
(b) State and Local Supplementation of Commodities.--Section 203D
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) is amended
by adding at the end the following:
``(d) Projects to Harvest, Process, and Package Donated
Commodities.--
``(1) Definition of project.--In this subsection, the term
`project' means the harvesting, processing, or packaging of
unharvested, unprocessed, or unpackaged commodities donated by
agricultural producers, processors, or distributors for use by
emergency feeding organizations under subsection (a).
``(2) Federal funding for projects.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and paragraph (3), using funds made available under
paragraph (5), the Secretary may provide funding to
States to pay for the costs of carrying out a project.
``(B) Federal share.--The Federal share of the cost
of a project under subparagraph (A) shall not exceed 50
percent of the total cost of the project.
``(C) Allocation.--
``(i) In general.--Each fiscal year, the
Secretary shall allocate to States that have
submitted under section 202A(b)(5) a State plan
describing a plan of operation for a project
the funds made available under subparagraph (A)
based on a formula determined by the Secretary.
``(ii) Reallocation.--If the Secretary
determines that a State will not expend all of
the funds allocated to the State for a fiscal
year under clause (i), the Secretary shall
reallocate the unexpended funds to other States
that have submitted under section 202A(b)(5) a
State plan describing a plan of operation for a
project during that fiscal year or the
subsequent fiscal year, as the Secretary
determines appropriate.
``(iii) Reports.--Each State to which funds
are allocated for a fiscal year under this
subparagraph shall, on a regular basis, submit
to the Secretary financial reports describing
the use of the funds.
``(3) Project purposes.--A State may only use Federal funds
received under paragraph (2) for a project the purposes of
which are--
``(A) to reduce food waste at the agricultural
production, processing, or distribution level through
the donation of food;
``(B) to provide food to individuals in need; and
``(C) to build relationships between agricultural
producers, processors, and distributors and emergency
feeding organizations through the donation of food.
``(4) Cooperative agreements.--The Secretary may encourage
a State agency that carries out a project using Federal funds
received under paragraph (2) to enter into cooperative
agreements with State agencies of other States under section
203B(d) to maximize the use of commodities donated under the
project.
``(5) Funding.--Out of funds not otherwise appropriated,
the Secretary of the Treasury shall transfer to the Secretary
to carry out this subsection $4,000,000 for each of fiscal
years 2019 through 2023, to remain available until the end of
the subsequent fiscal year.''.
(c) Food Waste.--Section 203D of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7507) (as amended by subsection (b)) is amended by
adding at the end the following:
``(e) Food Waste.--The Secretary shall issue guidance outlining
best practices to minimize the food waste of the commodities donated
under subsection (a).''.
(d) Emergency Food Program Infrastructure Grants.--Section 209(d)
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is
amended by striking ``2018'' and inserting ``2023''.
(e) Availability of Commodities for the Emergency Food Assistance
Program.--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''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``2018'' and
inserting ``2023'';
(B) in subparagraph (D)--
(i) in the matter preceding clause (i), by
striking ``2018'' and inserting ``2023'';
(ii) in clause (iii), by striking ``and''
after the semicolon;
(iii) in clause (iv), by striking ``and''
after the semicolon;
(iv) by adding at the end the following:
``(v) for fiscal year 2019, $20,000,000;
``(vi) for fiscal year 2020, $23,000,000;
``(vii) for fiscal year 2021, $24,000,000;
``(viii) for fiscal year 2022, $25,000,000;
and
``(ix) for fiscal year 2023, $25,000,000;
and''; and
(C) in subparagraph (E)--
(i) by striking ``2019'' and inserting
``2024'';
(ii) by striking ``(D)(iv)'' and inserting
``(D)(ix)''; and
(iii) by striking ``June 30, 2017'' and
inserting ``June 30, 2023''.
SEC. 4116. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012)
is amended--
(1) in subsection (d), by striking ``7(i)'' and inserting
``7(h)'';
(2) in subsection (i), by striking ``7(i)'' and inserting
``7(h)''; and
(3) in subsection (o)(1)(A), by striking ``(r)(1)'' and
inserting ``(q)(1)''.
(b) Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(a)) is amended by striking ``3(n)(4)'' each place it appears and
inserting ``3(m)(4)''.
(c) Section 8 of the Food and Nutrition Act of 2008 (7 U.S.C. 2017)
is amended--
(1) in subsection (e)(1), by striking ``3(n)(5)'' and
inserting ``3(m)(5)''; and
(2) in subsection (f)(1)(A), by striking ``3(n)(5)'' and
inserting ``3(m)(5)''.
(d) Section 9(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2018(c)) is amended in the third sentence by striking ``to any used
by'' and inserting ``to, and used by,''.
(e) Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C.
2019) is amended in the first sentence--
(1) by striking ``or the Federal Savings and Loan Insurance
Corporation'' each place it appears; and
(2) by striking ``3(p)(4)'' and inserting ``3(o)(4)''.
(f) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended--
(1) by striking ``3(t)(1)'' each place it appears and
inserting ``3(s)(1)''; and
(2) by striking ``3(t)(2)'' each place it appears and
inserting ``3(s)(2)''.
(g) Section 18(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2027(e)) is amended in the first sentence by striking ``7(f)'' and
inserting ``7(e)''.
(h) Section 25(a)(1)(B)(i)(I) of the Food and Nutrition Act of 2008
(7 U.S.C. 2034(a)(1)(B)(i)(I)) is amended by striking ``service;;'' and
inserting ``service;''.
Subtitle B--Commodity Distribution Programs
SEC. 4201. COMMODITY DISTRIBUTION PROGRAM.
Section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note; Public Law 93-86) is amended in the first sentence
by striking ``2018'' and inserting ``2023''.
SEC. 4202. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2018'' and
inserting ``2023''; and
(B) in paragraph (2)(B), in the matter preceding
clause (i), by striking ``2018'' and inserting
``2023'';
(2) in subsection (d)(2), in the first sentence, by
striking ``2018'' and inserting ``2023''; and
(3) in subsection (g)--
(A) by striking ``Except'' and inserting the
following:
``(1) In general.--Except''; and
(B) by adding at the end the following:
``(2) Certification.--
``(A) Definition of certification period.--In this
paragraph, the term `certification period' means the
period during which a participant in the commodity
supplemental food program in a State may continue to
receive benefits under the commodity supplemental food
program without a formal review of the eligibility of
the participant.
``(B) Minimum certification period.--Subject to
subparagraphs (C) and (D), a State shall establish for
the commodity supplemental food program of the State a
certification period of--
``(i) not less than 1 year; but
``(ii) not more than 3 years.
``(C) Temporary certification.--An eligible
individual in the commodity supplemental food program
in a State may be provided with a temporary monthly
certification to fill any caseload slot resulting from
nonparticipation by other certified participants.
``(D) Approvals.--A certification period of more
than 1 year established by a State under subparagraph
(B) shall be subject to the approval of the Secretary,
who shall approve such a certification period on the
condition that, with respect to each participant
receiving benefits under the commodity supplemental
food program of the State, the local agency in the
State administering the commodity supplemental food
program, on an annual basis during the certification
period applicable to the participant--
``(i) verifies the address and continued
interest of the participant; and
``(ii) has sufficient reason to determine
that the participant still meets the income
eligibility standards under paragraph (1),
which may include a determination that the
participant has a fixed income.''.
SEC. 4203. DISTRIBUTION OF SURPLUS COMMODITIES; 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 in the first sentence by striking
``2018'' and inserting ``2023''.
Subtitle C--Miscellaneous
SEC. 4301. PURCHASE OF SPECIALTY CROPS.
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. 4302. 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. 4303. THE GUS SCHUMACHER FOOD INSECURITY NUTRITION INCENTIVE.
Section 4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517) is amended--
(1) in the section heading, by striking ``food'' and
inserting ``the gus schumacher food'';
(2) in subsection (a)--
(A) in paragraph (1), in the matter preceding
subparagraph (A), by striking ``means'' and all that
follows through the end of subparagraph (L) and
inserting ``means a governmental agency or nonprofit
organization.''; and
(B) in paragraph (3)--
(i) by striking the period at the end and
inserting ``; and'';
(ii) by striking ``means the'' and
inserting the following: ``means--
``(A) the''; and
(iii) by adding at the end the following:
``(B) the programs for nutrition assistance under
section 19 of that Act (7 U.S.C. 2028).'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and
(C) as subparagraphs (C) and (D), respectively;
(ii) by inserting after subparagraph (A)
the following:
``(B) Partners and collaborators.--An eligible
entity that receives a grant under this subsection may
partner with, or make subgrants to, public, private,
nonprofit, or for-profit entities, including--
``(i) an emergency feeding organization;
``(ii) an agricultural cooperative;
``(iii) a producer network or association;
``(iv) a community health organization;
``(v) a public benefit corporation;
``(vi) an economic development corporation;
``(vii) a farmers' market;
``(viii) a community-supported agriculture
program;
``(ix) a buying club;
``(x) a retail food store participating in
the supplemental nutrition assistance program;
``(xi) a State, local, or tribal agency;
``(xii) another eligible entity that
receives a grant; and
``(xiii) any other entity the Secretary
designates.'';
(iii) in subparagraph (C) (as so
redesignated), by striking ``The'' and
inserting ``Except as provided in subparagraph
(D)(iii), the''; and
(iv) in subparagraph (D) (as so
redesignated), by adding at the end the
following:
``(iii) Tribal agencies.--The Secretary may
allow a tribal agency to use funds provided to
the Indian Tribe of the tribal agency through a
Federal agency (including the Indian Health
Service) or other Federal benefit to satisfy
all or part of the non-Federal share described
in clause (i), if such use is otherwise
consistent with the purpose of such funds.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``For purposes of''
and all that follows through ``that''
and inserting ``To receive a grant
under this subsection, an eligible
entity shall'';
(II) in clause (i), by striking
``meets'' and inserting ``meet''; and
(III) in clause (ii)--
(aa) in the matter
preceding subclause (I), by
striking ``proposes'' and
inserting ``propose'';
(bb) by striking subclauses
(II) and (III) and inserting
the following:
``(II) would increase the purchase
of fruits and vegetables by low-income
consumers participating in the
supplemental nutrition assistance
program by providing an incentive for
the purchase of fruits and vegetables
at the point of purchase to a household
purchasing food with supplemental
nutrition assistance program benefits;
``(III) except in the case of
projects receiving $100,000 or less
over 1 year, would measure the purchase
of fruits and vegetables by low-income
consumers participating in the
supplemental nutrition assistance
program;'';
(cc) in subclause (IV), by
striking ``and'' at the end;
and
(dd) by striking subclause
(V) and inserting the
following:
``(V) has adequate plans to collect
data for reporting and agrees to
provide that information for the report
described in paragraph (5); and
``(VI) would share information with
the Training and Technical Assistance
Centers and the Information and
Evaluation Centers (as those terms are
defined in paragraph (4)) for the
purposes described in that
paragraph.''; and
(ii) in subparagraph (B)--
(I) by striking clause (v);
(II) by redesignating clause (vi)
as clause (x); and
(III) by inserting after clause
(iv) the following:
``(v) include a program design--
``(I) that provides incentives when
fruits or vegetables are purchased
using supplemental nutrition assistance
program benefits; and
``(II) in which the incentives
earned may be used only to purchase
fruits or vegetables;
``(vi) have demonstrated the ability to
provide services to underserved communities;
``(vii) include coordination with multiple
stakeholders, such as farm organizations,
nutrition education programs, cooperative
extension services, public health departments,
health providers, private and public health
insurance agencies, cooperative grocers,
grocery associations, and community-based and
nongovernmental organizations;
``(viii) offer supplemental services in
high-need communities, including online
ordering, transportation between home and
store, and delivery services;
``(ix) include food retailers that are
open--
``(I) for extended hours; and
``(II) most or all days of the
year; or''; and
(C) by striking paragraph (4) and inserting the
following:
``(4) Training and technical assistance centers;
information and evaluation centers.--
``(A) Definitions.--In this paragraph:
``(i) Information and evaluation center.--
The term `Information and Evaluation Center'
means any of the information and evaluation
centers established under subparagraph
(B)(i)(II).
``(ii) Training and technical assistance
center.--The term `Training and Technical
Assistance Center' means any of the training
and technical assistance centers established
under subparagraph (B)(i)(I).
``(B) Establishment.--
``(i) In general.--To provide services to
eligible entities applying for or receiving a
grant under this subsection or to partners or
collaborators applying for or receiving a
subgrant under paragraph (1)(B), the Secretary
shall establish, in accordance with clause
(ii)--
``(I) 1 or more training and
technical centers, each of which shall
be known as a `Food Insecurity
Nutrition Incentive Program Training
and Technical Assistance Center'; and
``(II) 1 or more information and
evaluation centers, each of which shall
be known as a `Food Insecurity
Nutrition Incentive Program Information
and Evaluation Center'.
``(ii) Criteria.--
``(I) In general.--The Secretary
shall establish the Training and
Technical Assistance Centers and the
Information and Evaluation Centers
under clause (i) by designating as a
Training and Technical Assistance
Center or an Information or Evaluation
Center, as applicable, 1 or more
entities that meet the criteria
described in subclause (II) or (III),
as applicable.
``(II) Training and technical
assistance centers.--To be eligible to
be designated as a Training and
Technical Assistance Center--
``(aa) an entity shall--
``(AA) have the
capacity to effectively
implement and track
outreach, training, and
coordination functions;
``(BB) be able to
produce instructional
materials that can
easily be replicated
and distributed through
multiple formats;
``(CC) have working
relationships with
nonprofit and private
organizations, State
and local governments,
and tribal
organizations (as
defined in section 4 of
the Indian Self-
Determination and
Education Assistance
Act (25 U.S.C. 5304));
``(DD) have the
ability to work in
underserved or rural
communities; and
``(EE) have an
organizational mission
aligned with the needs
of eligible entities
receiving grants under
this subsection; or
``(bb) for purposes of
carrying out subclauses (VII)
and (VIII) of subparagraph
(C)(i), an entity shall--
``(AA) have
experience developing
or supporting the
development of point of
sale technology; and
``(BB) meet any
other criteria, as
determined by the
Secretary, to
effectively carry out
subclauses (VII) and
(VIII) of subparagraph
(C)(i).
``(III) Information and evaluation
centers.--To be eligible to be
designated as an Information and
Evaluation Center, an entity shall--
``(aa) have experience
designing, creating, and
maintaining an online, publicly
searchable reporting and
informational clearinghouse;
and
``(bb) be able to conduct
systematic analysis of the
impacts and outcomes of
projects using a grant under
this subsection.
``(C) Services.--
``(i) Training and technical assistance
centers.--The Training and Technical Assistance
Centers shall provide services that include--
``(I) assisting eligible entities
applying for a grant or partners or
collaborators applying for a subgrant
under this subsection in--
``(aa) assessing the food
system in the geographical area
of the eligible entity; and
``(bb) designing a proposed
project;
``(II) collecting and providing to
eligible entities applying for or
receiving a grant or to partners or
collaborators applying for or receiving
a subgrant under this subsection
information on best practices from
existing projects, including best
practices regarding communications,
signage, record-keeping, incentive
instruments, integration with point of
sale systems, and reporting;
``(III) disseminating information
and facilitating communication among
eligible entities receiving a grant or
partners or collaborators receiving a
subgrant under this subsection;
``(IV)(aa) identifying common
challenges faced by eligible entities
receiving a grant or partners or
collaborators receiving a subgrant
under this subsection; and
``(bb) coordinating the work
towards solutions to those challenges;
``(V) communicating with farms,
direct to consumer markets, and grocery
organizations to share information and
partner on projects using a grant or
subgrant under this subsection;
``(VI) assisting with collaboration
among eligible entities receiving a
grant or partners or collaborators
receiving a subgrant under this
subsection, State agencies, and the
Food and Nutrition Service;
``(VII) identifying and providing
to eligible entities applying for or
receiving a grant or partners or
collaborators applying for or receiving
a subgrant under this subsection
information on point of sale technology
that could reduce cost and increase
efficiency of supplemental nutrition
assistance program and incentive
transaction processing at participating
authorized retailers;
``(VIII) supporting the development
of the technology described in clause
(VII); and
``(IX) other services identified by
the Secretary.
``(ii) Information and evaluation
centers.--The Information and Evaluation
Centers shall provide services that include--
``(I) using standard metrics based
on outcome measures used for existing
projects, and in collaboration with the
Director of the National Institute of
Food and Agriculture and the
Administrator of the Food and Nutrition
Service, creating a system to collect
and compile core data sets from
eligible entities receiving a grant and
partners or collaborators receiving a
subgrant, as appropriate, under this
subsection;
``(II) beginning with fiscal year
2020, preparing an annual report with
summary data and an evaluation of each
project receiving a grant under this
subsection during the fiscal year
preceding the report, that includes the
amount of grant funds used for the
project and the measurement of the
outcomes of the project, for submission
to the Secretary; and
``(III) other services identified
by the Secretary.
``(D) Grants and cooperative agreements.--In
carrying out this paragraph, the Secretary, on a
competitive basis, shall make grants to, or enter into
cooperative agreements with--
``(i) State cooperative extension services;
``(ii) nongovernmental organizations;
``(iii) Federal, State, or tribal agencies;
``(iv) 2-year and 4-year degree-granting
institutions of higher education (as defined in
section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) and land-grant
colleges and universities (as defined in
section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)); and
``(v) other appropriate partners, as
determined by the Secretary.
``(5) Annual evaluation and report.--
``(A) In general.--Annually beginning with fiscal
year 2020, the Secretary shall conduct, and submit to
Congress an evaluation of each project receiving a
grant under this subsection, including--
``(i) the results of the project;
``(ii) the amount of grant funds used for
the project; and
``(iii) a measurement of the outcomes of
the project.
``(B) Requirement.--The evaluation conducted under
subparagraph (A) shall be based on uniform data
provided by eligible entities receiving a grant under
this subsection.
``(C) Public availability.--The Secretary shall
make the evaluation conducted under subparagraph (A),
including the data provided by eligible entities under
subparagraph (B), publicly available online in an
anonymized format that protects confidential, personal,
or other sensitive data.
``(D) Reporting mechanism.--The Secretary shall, to
the maximum extent practicable, include eligible
entities receiving a grant under this subsection,
grocers, farmers, health professionals, researchers,
and employees of the Department of Agriculture with
direct experience with implementation of the
supplemental nutrition assistance program in the design
of--
``(i) the instrument through which data
will be collected from eligible entities under
subparagraph (B); and
``(ii) the mechanism for reporting by
eligible entities.''; and
(4) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out
subsection (b) $50,000,000 for fiscal year 2019 and each fiscal
year thereafter.
``(3) Costs.--Of the funds made available under paragraph
(2) for a fiscal year, the Secretary shall allocate not more
than 15 percent--
``(A) to carry out paragraphs (4) and (5) of
subsection (b); and
``(B) to pay for the administrative costs of
carrying out this section.''.
SEC. 4304. HARVESTING HEALTH PILOT PROJECTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization; or
(B) a State or unit of local government.
(2) Healthcare partner.--The term ``healthcare partner''
means a healthcare provider, including--
(A) a hospital;
(B) a Federally-qualified health center (as defined
in section 1905(l) of the Social Security Act (42
U.S.C. 1396d(l)));
(C) a hospital or clinic operated by the Secretary
of Veterans Affairs; or
(D) a health care provider group.
(3) Member.--
(A) In general.--The term ``member'' means, as
determined by the applicable eligible entity or
healthcare partner carrying out a pilot project in
accordance with procedures established by the
Secretary--
(i) an individual eligible for--
(I) benefits under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
seq.); or
(II) medical assistance under a
State plan or a waiver of such a plan
under title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.) and
enrolled under such plan or waiver; and
(ii) a member of a low-income household
that suffers from, or is at risk of developing,
a diet-related health condition.
(B) Scope of eligibility determinations.--A
determination by an eligible entity or healthcare
partner that an individual is a member for purposes of
subparagraph (A) shall not--
(i) constitute a determination that the
individual is eligible for benefits or
assistance under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) or the
Food and Nutrition Act of 2008 (7 U.S.C. 2011
et seq.), as applicable; or
(ii) be a factor in determining whether the
individual is eligible for such benefits or
assistance.
(4) Pilot project.--The term ``pilot project'' means a
pilot project that is awarded a grant under subsection (b)(1).
(5) Produce prescription program.--The term ``produce
prescription program'' means a program that--
(A) prescribes fresh fruits and vegetables to
members;
(B) may provide--
(i) financial or non-financial incentives
for members to purchase or procure fresh fruits
and vegetables; and
(ii) educational resources on nutrition to
members; and
(C) may establish additional accessible locations
for members to procure fresh fruits and vegetables.
(b) Grant Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a
grant program under which the Secretary shall award
grants to eligible entities to conduct pilot projects
that demonstrate and evaluate the impact of a produce
prescription program on--
(i) the improvement of dietary health
through increased consumption of fruits and
vegetables;
(ii) the reduction of individual and
household food insecurity; and
(iii) the reduction in health care use and
associated costs.
(B) Healthcare partners.--In carrying out a pilot
project using a grant received under subparagraph (A),
an eligible entity shall partner with 1 or more
healthcare partners.
(C) Grant applications.--
(i) In general.--To be eligible to receive
a grant under subparagraph (A), an eligible
entity shall submit to the Secretary an
application containing such information as the
Secretary may require, including the
information described in clause (ii).
(ii) Application.--An application under
clause (i) shall--
(I) identify the 1 or more
healthcare partners with which the
eligible entity is partnering under
subparagraph (B); and
(II) include--
(aa) a description of the
methods by which an eligible
entity shall--
(AA) screen and
verify eligibility for
members for
participation in a
produce prescription
program, in accordance
with procedures
established under
subsection (a)(3)(A);
(BB) implement an
effective produce
prescription program,
including the role of
each healthcare partner
in implementing the
produce prescription
program;
(CC) evaluate
members participating
in a produce
prescription program
with respect to the
issues described in
clauses (i) through
(iii) of subparagraph
(A);
(DD) provide
educational
opportunities relating
to nutrition to members
participating in a
produce prescription
program; and
(EE) inform members
of the availability of
the produce
prescription pilot
project;
(bb) a description of any
additional nonprofit or
emergency feeding organizations
that shall be involved in the
pilot project and the role of
each additional nonprofit or
emergency feeding organization
in implementing and evaluating
an effective produce
prescription program;
(cc) documentation of a
partnership agreement with a
relevant State Medicaid agency
or other appropriate entity, as
determined by the Secretary, to
evaluate the effectiveness of a
produce prescription program in
reducing health care use and
associated costs; and
(dd) any other data
necessary to analyze the impact
of a produce prescription
program, as determined by the
Secretary.
(2) Coordination.--In carrying out the grant program
established under paragraph (1), the Secretary shall coordinate
with the Secretary of Health and Human Services and the heads
of other appropriate Federal agencies that carry out activities
relating to healthcare partners.
(3) Partnerships.--
(A) In general.--In carrying out the grant program
under paragraph (1), the Secretary may enter into 1 or
more memoranda of understanding with a Federal agency,
a State, or a private partner to ensure the effective
implementation and evaluation of each pilot project.
(B) Memorandum of understanding.--A memorandum of
understanding entered into under subparagraph (A) shall
include--
(i) a description of a plan to provide
educational opportunities relating to nutrition
to members participating in the produce
prescription program;
(ii) a description of the role of the
Federal agency, State, or private partner, as
applicable, in implementing and evaluating an
effective produce prescription program;
(iii) documentation of a partnership
agreement with a relevant State Medicaid agency
or other appropriate entity, as determined by
the Secretary, to evaluate the effectiveness of
the produce prescription program in reducing
health care use and associated costs; and
(iv) any other data necessary to analyze
the impact of the produce prescription program,
as determined by the Secretary.
(c) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$4,000,000 for each of fiscal years 2019 through 2023, to
remain available until expended.
(2) Costs.--The Secretary may use not greater than 10
percent of the amounts provided under paragraph (1) to pay for
the costs of administering, monitoring, and evaluating each
pilot project.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE REQUIREMENT FOR
PURPOSES OF ELIGIBILITY FOR FARM OWNERSHIP LOANS.
(a) In General.--Section 302(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922(b)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking ``(3)'' and inserting ``(5)''; and
(B) by inserting ``(not exceeding 2 years)'' after
``period of time'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Other acceptable experience.--In determining whether
a farmer or rancher has other acceptable experience under
paragraph (1), the Secretary may count any of--
``(A) not less than 16 hours of post-secondary
education in a field related to agriculture;
``(B) successful completion of a farm management
curriculum offered by a cooperative extension service,
a community college, an adult vocational agriculture
program, a non-profit organization, or a land-grant
college or university;
``(C) an honorable discharge from the armed forces
of the United States;
``(D) successful repayment of a youth loan made
under section 311(b);
``(E) at least 1 year as hired farm labor with
substantial management responsibilities;
``(F) successful completion of a farm mentorship,
apprenticeship, or internship program with an emphasis
on management requirements and day-to-day farm
management decisions; and
``(G) an established relationship with an
individual participating as a counselor who has
experience in farming or ranching or is a retired
farmer or rancher 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.
``(3) Deeming rule.--For purposes of paragraph (1), a
farmer or rancher is deemed to have participated in the
business operations of a farm or ranch for not less than 3
years or have other acceptable experience for a period of time,
as determined by the Secretary, if the farmer or rancher meets
the requirements of subparagraphs (E) and (G) of paragraph
(2).''.
(b) Conforming Amendment.--Section 310D(a)(2) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1934(a)(2)) is amended by
striking ``paragraphs (2) through (4) of section 302'' and inserting
``subparagraphs (A) through (D) of section 302(a)(1)''.
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 by striking ``2018'' and inserting
``2023''.
SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1925) is amended in subsection (a), by striking ``smaller of''
and all that follows through the period at the end and inserting the
following: ``lesser of--
``(1) the value of the farm or other security; and
``(2) in the case of--
``(A) a loan other than a loan guaranteed by the
Secretary, $600,000 for each of fiscal years 2019
through 2023; or
``(B) a loan guaranteed by the Secretary, subject
to subsection (c), $1,750,000 for each of fiscal years
2019 through 2023.''.
Subtitle B--Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1943) is amended in subsection (a)(1), by striking ``to exceed''
and all that follows through ``Secretary);'' and inserting the
following: ``to exceed, in the case of--
``(A) a loan other than a loan guaranteed by the
Secretary, $400,000 for each of fiscal years 2019
through 2023; or
``(B) a loan guaranteed by the Secretary, subject
to subsection (c), $1,750,000 for each of fiscal years
2019 through 2023;''.
SEC. 5202. COOPERATIVE LENDING PILOT PROJECTS.
Section 313(c)(4)(A) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking ``2018'' and
inserting ``2023''.
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--
(1) in the matter preceding subparagraph (A), by striking
``$4,226,000,000 for each of fiscal years 2008 through 2018''
and inserting ``$12,000,000,000 for each of fiscal years 2019
through 2023''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) $4,000,000,000 shall be for direct loans, of
which--
``(i) $2,000,000,000 shall be for farm
ownership loans under subtitle A; and
``(ii) $2,000,000,000 shall be for
operating loans under subtitle B; and
``(B) $8,000,000,000 shall be for guaranteed loans,
of which--
``(i) $4,000,000,000 shall be for farm
ownership loans under subtitle A; and
``(ii) $4,000,000,000 shall be for
operating loans under subtitle B.''.
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''.
SEC. 5304. EQUITABLE RELIEF.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 365 (7 U.S.C. 2008) the following:
``SEC. 366. EQUITABLE RELIEF.
``(a) In General.--Subject to subsection (b), the Secretary may
provide a form of relief described in subsection (c) to any farmer or
rancher who--
``(1) received a direct farm ownership, operating, or
emergency loan under this title; and
``(2) the Secretary determines is not in compliance with
the requirements of this title with respect to the loan.
``(b) Limitation.--The Secretary may only provide relief to a farm
or rancher under subsection (a) if the Secretary determines that the
farmer or rancher--
``(1) acted in good faith; and
``(2) relied on an action of, or the advice of, the
Secretary (including any authorized representative of the
Secretary) to the detriment of the farming or ranching
operation of the farmer or rancher.
``(c) Forms of Relief.--The Secretary may provide to a farmer or
rancher under subsection (a) any of the following forms of relief:
``(1) The farmer or rancher may retain loans or other
benefits received in association with the loan with respect to
which the farmer or rancher was determined to be noncompliant
under subsection (a)(2).
``(2) The farmer or rancher may receive such other
equitable relief as the Secretary determines to be appropriate.
``(d) Condition.--As a condition of receiving relief under this
section, the Secretary may require the farmer or rancher to take
actions designed to remedy the noncompliance.
``(e) Administrative Appeal; Judicial Review.--A determination or
action of the Secretary under this section--
``(1) shall be final; and
``(2) shall not be subject to administrative appeal or
judicial review under chapter 7 of title 5, United States
Code.''.
SEC. 5305. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS; QUALIFIED
BEGINNING FARMERS AND RANCHERS.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 366 (as added by section 5304) the following:
``SEC. 367. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS; QUALIFIED
BEGINNING FARMERS AND RANCHERS.
``In the case of a loan guaranteed by the Secretary under subtitle
A or B to a socially disadvantaged farmer or rancher (as defined in
section 355(e)) or a qualified beginning farmer or rancher, the
Secretary shall--
``(1) waive the guarantee fee of 1.5 percent; and
``(2) provide for a standard guarantee plan, which shall
cover an amount equal to 95 percent of the outstanding
principal of the loan.''.
SEC. 5306. EMERGENCY LOAN ELIGIBILITY.
Section 373(b)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h(b)(2)(B)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(2) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretary'' and inserting the
following:
``(i) In general.--The Secretary''; and
(3) by adding at the end the following:
``(ii) Restructured loans.--For purposes of
clause (i), a borrower who was restructured
with a write-down or restructuring under
section 353 shall not be considered to have
received debt forgiveness on a loan made or
guaranteed under this title.''.
Subtitle D--Miscellaneous
SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Issues Covered by State Mediation Programs.--Section 501(c) of
the Agricultural Credit Act of 1987 (7 U.S.C. 5101(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``under the jurisdiction of the
Department of Agriculture'';
(ii) in clause (ii), by inserting ``and the
national organic program established under the
Organic Foods Production Act of 1990 (7 U.S.C.
6501 et seq.)'' before the period at the end;
and
(iii) by striking clause (vii) and
inserting the following:
``(vii) Lease issues, including land leases
and equipment leases.
``(viii) Family farm transition.
``(ix) Farmer-neighbor disputes.
``(x) Such other issues as the Secretary or
the head of the department of agriculture of
each participating State considers appropriate
for better serving the agricultural community
and persons eligible for mediation.''; and
(B) by adding at the end the following:
``(C) Mediation services.--Funding provided for the
mediation program of a qualifying State may also be
used to provide credit counseling to persons described
in paragraph (2)--
``(i) prior to the initiation of any
mediation involving the Department of
Agriculture; or
``(ii) unrelated to any ongoing dispute or
mediation in which the Department of
Agriculture is a party.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) any other persons involved in an
issue described in any of clauses (i) through
(x) of paragraph (1)(B).''; and
(3) in paragraph (3)(F), by striking ``that persons'' and
inserting the following: ``that--
``(i) the Department of Agriculture
receives adequate notification of those issues;
and
``(ii) persons''.
(b) Report Required.--Section 505 of the Agricultural Credit Act of
1987 (7 U.S.C. 5105) is amended to read as follows:
``SEC. 505. REPORT.
``Not later than 2 years after the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall submit to
Congress a report describing--
``(1) the effectiveness of the State mediation programs
receiving matching grants under this subtitle;
``(2) recommendations for improving the delivery of
mediation services to producers;
``(3) the steps being taken to ensure that State mediation
programs receive timely funding under this subtitle; and
``(4) the savings to the States as a result of having a
mediation program.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
``2018'' and inserting ``2023''.
SEC. 5402. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.
(a) In General.--Section 4.19 of the Farm Credit Act of 1971 (12
U.S.C. 2207) is amended--
(1) by striking the section designation and heading and
inserting the following:
``SEC. 4.19. YOUNG, BEGINNING, SMALL, AND SOCIALLY DISADVANTAGED
FARMERS AND RANCHERS.''; AND
(2) in subsection (a), in the first sentence, by striking
``ranchers.'' and inserting ``ranchers and socially
disadvantaged farmers or ranchers (as defined in section
2501(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(e))).''.
(b) Conforming Amendment.--Section 5.17(a)(3) of the Farm Credit
Act of 1971 (12 U.S.C. 2252(a)(3)) is amended, in the second sentence,
by striking ``ranchers.'' and inserting ``ranchers and socially
disadvantaged farmers or ranchers (as defined in section 2501(e) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(e))).''.
SEC. 5403. SHARING OF 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) Sharing of Privileged and Confidential Information.--A System
institution shall not be considered to have waived the confidentiality
of a privileged communication with an attorney or an accountant if the
System 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. 5404. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
Part C of title V of the Farm Credit Act of 1971 is amended by
inserting after section 5.29 (12 U.S.C. 2265) the following:
``SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
``(a) Definition of Person.--In this section, the term `person'
means--
``(1) an individual; and
``(2) in the case of a specific determination by the Farm
Credit Administration, a legal entity.
``(b) Industry-wide Prohibition.--Except as provided in subsection
(c), any person who, pursuant to an order issued under section 5.28 or
5.29, has been removed or suspended from office at a System institution
or prohibited from participating in the conduct of the affairs of a
System institution shall not, during the period of effectiveness of the
order, continue or commence to hold any office in, or participate in
any manner in the conduct of the affairs of--
``(1) any insured depository institution subject to section
8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(i));
``(2) any institution subject to section 8(e)(7)(A)(ii) of
the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(ii));
``(3) any insured credit union under the Federal Credit
Union Act (12 U.S.C. 1751 et seq.);
``(4) any Federal home loan bank;
``(5) any institution chartered under this Act;
``(6) any appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D)));
``(7) the Federal Housing Finance Agency; or
``(8) the Farm Credit Administration.
``(c) Exception for Institution-affiliated Party That Receives
Written Consent.--
``(1) In general.--
``(A) Affiliated parties.--If, on or after the date
on which an order described in subsection (b) is issued
that removes or suspends an institution-affiliated
party from office at a System institution or prohibits
an institution-affiliated party from participating in
the conduct of the affairs of a System institution,
that party receives written consent described in
subparagraph (B), subsection (b) shall not apply to
that party--
``(i) to the extent provided in the written
consent received; and
``(ii) with respect to the institution
described in each written consent.
``(B) Written consent described.--The written
consent referred to in subparagraph (A) is written
consent received from--
``(i) the Farm Credit Administration; and
``(ii) each appropriate Federal financial
institutions regulatory agency (as defined in
section 8(e)(7)(D) of the Federal Deposit
Insurance Act (12 U.S.C. 1818(e)(7)(D))) of the
applicable institution described in any of
paragraphs (1), (2), (3), or (4) of subsection
(b) with respect to which the party proposes to
be become an affiliated party.
``(2) Disclosure.--Any agency described in clause (i) or
(ii) of paragraph (1)(B) that provides a written consent under
that paragraph shall--
``(A) report the action to the Farm Credit
Administration; and
``(B) publicly disclose the action.
``(3) Consultation between agencies.--The agencies
described in clauses (i) and (ii) of paragraph (1)(B) shall
consult with each other before providing any written consent
under that paragraph.
``(d) Violations.--A violation of subsection (b) by any person who
is subject to an order described in that subsection shall be treated as
violation of that order.''.
SEC. 5405. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
Part C of title V of the Farm Credit Act of 1971 is amended by
inserting after section 5.31 (12 U.S.C. 2267) the following:
``SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
``(a) In General.--For purposes of sections 5.25, 5.26, and 5.32,
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) Effect of Separation on Jurisdiction and Authority.--Subject
to subsection (c), 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 Farm Credit 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 that party.
``(c) Limitation.--To proceed against a party under subsection (b),
the notice or order described in that subsection shall be served not
later than 6 years after the date on which the party ceased to be an
institution-affiliated party with respect to the applicable Farm Credit
System institution.
``(d) Applicability.--The date on which a party ceases to be an
institution-affiliated party described in subsection (c) may occur
before, on, or after the date of enactment of this section.''.
SEC. 5406. DEFINITION OF INSTITUTION-AFFILIATED PARTY.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) the term `institution-affiliated party' means--
``(A) a director, officer, employee, shareholder,
or agent of a System institution;
``(B) an independent contractor (including an
attorney, appraiser, or accountant) who knowingly or
recklessly participates in--
``(i) a violation of law (including
regulations) that is associated with the
operations and activities of 1 or more System
institutions;
``(ii) a breach of fiduciary duty; or
``(iii) an unsafe practice that causes or
is likely to cause more than a minimum
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. 5407. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL CORRECTIONS.
(1) Section 1.1(c) of the Farm Credit Act of 1971 (12
U.S.C. 2001(c)) is amended in the first sentence by striking
``including any costs of defeasance under section 4.8(b),''.
(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C.
2002) is amended by striking subsection (a) and inserting the
following:
``(a) Composition.--The Farm Credit System shall include the Farm
Credit Banks, the bank 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, and such other institutions as
may be made a part of the Farm Credit System, all of which shall be
chartered by and subject to regulation by the Farm Credit
Administration.''.
(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C.
2075) is amended by striking subsection (d).
(4) Section 3.0(a) of the Farm Credit Act of 1971 (12
U.S.C. 2121(a)) is amended--
(A) in the third sentence, by striking ``and a
Central Bank for Cooperatives''; and
(B) by striking the fifth sentence.
(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C.
2123) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``not
merged into the United Bank for Cooperatives or
the National Bank for Cooperatives''; and
(ii) in paragraph (2)(A), in the matter
preceding clause (i), by striking ``(other than
the National Bank for Cooperatives)'';
(B) by striking subsection (b);
(C) in subsection (a)--
(i) by striking ``(a)(1) Each bank'' and
inserting the following:
``(a) In General.--Each bank''; and
(ii) by striking ``(2)(A) If approved'' and
inserting the following:
``(b) Nomination and Election.--
``(1) In general.--If approved'';
(D) in subsection (b)(1) (as so designated)--
(i) in subparagraph (B), by striking ``(B)
The total'' and inserting the following:
``(2) Number of votes.--The total''; and
(ii) by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively, and
indenting appropriately; and
(E) in paragraph (2) (as so designated), by
striking ``paragraph'' and inserting ``subsection''.
(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C.
2126) is amended in the third sentence by striking
``district''.
(7) Section 3.7(a) of the Farm Credit Act of 1971 (12
U.S.C. 2128(a)) is amended by striking the second sentence.
(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended by inserting ``(or any
successor agency)'' after ``Rural Electrification
Administration''.
(9) Section 3.9(a) of the Farm Credit Act of 1971 (12
U.S.C. 2130(a)) is amended by striking the third sentence.
(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C.
2131) is amended--
(A) in subsection (c), by striking the second
sentence; and
(B) in subsection (d)--
(i) by striking ``district'' each place it
appears; and
(ii) by inserting ``for cooperatives (or
any successor bank)'' before ``on account''.
(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C.
2132) is amended--
(A) in subsection (a), in the first sentence, by
striking ``subsections (b) and (c) of this section''
and inserting ``subsection (b)'';
(B) in subsection (b)--
(i) in the first sentence, by striking
``district''; and
(ii) in the second sentence, by striking
``Except as provided in subsection (c) below,
all'' and inserting ``All'';
(C) by striking subsection (c); and
(D) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively.
(12) Part B of title III of the Farm Credit Act of 1971 (12
U.S.C. 2141 et seq.) is amended in the part heading by striking
``United and''.
(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C.
2141) is amended--
(A) in subsection (a), by striking ``or the United
Bank for Cooperatives, as the case may be''; and
(B) in subsection (b), by striking ``the district
banks for cooperatives and the Central Bank for
Cooperatives'' and inserting ``the constituent banks
described in section 413(b) of the Agricultural Credit
Act of 1987 (12 U.S.C. 2121 note; Public Law 100-
233)''.
(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C.
2142) is repealed.
(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C.
2149) is amended by striking ``a district bank for cooperatives
and the Central Bank for Cooperatives'' and inserting ``the
constituent banks described in section 413(b) of the
Agricultural Credit Act of 1987 (12 U.S.C. 2121 note; Public
Law 100-233)''.
(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C.
2149a) is repealed.
(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C.
2151) is repealed.
(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C.
2159) is amended--
(A) by striking the section designation and heading
and all that follows through ``Each bank'' in
subsection (a) and inserting the following:
``SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.
``Each bank''; and
(B) by striking subsection (b).
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.
2160) is amended--
(A) in subsection (d)--
(i) by striking paragraph (2) and inserting
the following:
``(3) Representation of board.--The Farm Credit System
Insurance Corporation shall not have representation on the
board of directors of the Corporation.'';
(ii) in the undesignated matter following
paragraph (1)(D), by striking ``In selecting''
and inserting the following:
``(2) Considerations.--In selecting''; and
(iii) in paragraph (2) (as so designated),
by inserting ``of paragraph (1)'' after ``(A)
and (B)'';
(B) by striking subsection (e); and
(C) by redesignating subsection (f) as subsection
(e).
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12
U.S.C. 2162(c)) is amended--
(A) by striking ``institution, and--'' in the
matter preceding paragraph (1) and all that follows
through the period at the end of paragraph (2) and
inserting ``institution.'';
(B) by striking ``If an institution'' and inserting
the following:
``(1) In general.--If an institution'';
(C) in paragraph (1) (as so designated), by
striking ``the receiver of the institution'' and
inserting ``the Farm Credit System Insurance
Corporation, acting as receiver,''; and
(D) by adding at the end the following:
``(2) Funding.--The Farm Credit System Insurance
Corporation shall use such funds from the Farm Credit Insurance
Fund as are sufficient to carry out this section.''.
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12
U.S.C. 2184(a)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--A Farm Credit System bank or association
shall provide to a stockholder of the bank or association a
current list of stockholders of the bank or association not
later than 7 calendar days after the date on which the bank or
association receives a written request for the stockholder list
from the stockholder.''.
(22) Section 4.14A of the Farm Credit Act of 1971 (12
U.S.C. 2202a) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1),
by inserting ``and section 4.36'' before the
colon at the end; and
(ii) in paragraph (5)(B)(ii)(I), by
striking ``4.14C,'';
(B) by striking subsection (h);
(C) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively; and
(D) in subsection (k) (as so redesignated), by
striking ``production credit''.
(23) Section 4.14C of the Farm Credit Act of 1971 (12
U.S.C. 2202c) is repealed.
(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C.
2205) is amended in the third sentence by striking ``Federal
intermediate credit banks and''.
(25) Section 4.19(a) of the Farm Credit Act of 1971 (12
U.S.C. 2207(a)) (as amended by section 5402(a)(2)) is amended--
(A) in the first sentence--
(i) by striking ``district''; and
(ii) by striking ``Federal land bank
association and production credit''; and
(B) in the second sentence, by striking ``units''
and inserting ``institutions''.
(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C.
2219c) is amended by striking ``The Assistance Board
established under section 6.0 and all'' and inserting ``All''.
(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C.
2219d) is amended by striking ``8.0(7))'' and inserting
``8.0)''.
(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.
2251) is amended--
(A) by striking the section designation and heading
and all that follows through ``As an alternate'' in the
matter preceding paragraph (1) and inserting the
following:
``SEC. 5.16. OFFICES, QUARTERS, AND FACILITIES FOR THE FARM CREDIT
ADMINISTRATION.
``(a) Offices.--The Farm Credit Administration shall maintain--
``(1) the principal office of the Farm Credit
Administration within the Washington-Arlington-Alexandria, DC-
VA-MD-WV Metropolitan Statistical Area, as defined by the
Office of Management and Budget; and
``(2) such other offices in the United States as the Farm
Credit Administration determines are necessary.
``(b) Quarters and Facilities.--As an alternative''; and
(B) in the undesignated matter following paragraph
(5) of subsection (b) (as so designated)--
(i) in the fifth sentence, by striking ``In
actions undertaken by the banks pursuant to the
foregoing provisions of this section'' and
inserting the following:
``(5) Agent for banks.--In actions undertaken by the banks
pursuant to this section'';
(ii) in the fourth sentence, by striking
``The plans'' and inserting the following:
``(4) Approval of board.--The plans'';
(iii) in the third sentence, by striking
``The powers'' and inserting the following:
``(3) Powers of banks.--The powers'';
(iv) in the second sentence, by striking
``Such advances'' and inserting the following:
``(2) Advances.--The advances of funds described in
paragraph (1)''; and
(v) in the first sentence, by striking
``The Board'' and inserting the following:
``(c) Financing.--
``(1) In general.--The Board''.
(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(2)) is amended by striking the second and third
sentences.
(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C.
2253) is repealed.
(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended--
(A) in subsection (a)--
(i) in the first sentence, by striking
``Except for Federal land bank associations,
each'' and inserting ``Each''; and
(ii) by striking the second sentence; and
(B) in subsection (b)--
(i) by striking ``(b)(1) Each'' and
inserting ``(b) Each'';
(ii) in the matter preceding paragraph (2)
(as so designated)--
(I) in the second sentence, by
striking ``, except with respect to any
actions taken by any banks of the
System under section 4.8(b),''; and
(II) by striking the third
sentence; and
(iii) by striking paragraphs (2) and (3).
(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C.
2267) is amended in the second sentence by striking
``4.14A(i)'' and inserting ``4.14A(h)''.
(33) Section 5.32(h) of the Farm Credit Act of 1971 (12
U.S.C. 2268(h)) is amended by striking ``4.14A(i)'' and
inserting ``4.14A(h)''.
(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended in paragraph (5) (as redesignated by section
5406(2))--
(A) in subparagraph (A), by adding ``and'' at the
end;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as
subparagraph (B); and
(D) in subparagraph (B) (as so redesignated)--
(i) by striking ``after December 31,
1992,''; and
(ii) by striking ``by the Farm Credit
System Assistance Board under section 6.6 or''.
(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C.
2274) is amended by striking ``a farm'' and all that follows
through ``land bank'' and inserting ``a Farm Credit Bank board,
officer, or employee shall not remove any director or officer
of any''.
(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C.
2275) is repealed.
(37) Section 5.58(2) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-7(2)) is amended by striking the second sentence.
(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-9) is amended--
(A) in subsection (b), by striking the subsection
designation and heading and all that follows through
``The Corporation'' in paragraph (2) and inserting the
following:
``(b) Amounts in Fund.--The Corporation''; and
(B) in subsection (c)(2), by striking ``Insurance
Fund to--'' in the matter preceding subparagraph (A)
and all that follows through ``ensure'' in subparagraph
(B) and inserting ``Insurance Fund to ensure''.
(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C.
2278a et seq.) is repealed.
(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279c-2) is amended by striking subsection (c).
(41) Section 7.10(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279d(a)) is amended by striking paragraph (4) and
inserting the following:
``(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;''.
(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa) is amended--
(A) in paragraph (2), by striking ``means--'' in
the matter preceding subparagraph (A) and all that
follows through the period at the end of the
undesignated matter following subparagraph (B) and
inserting ``means the board of directors established
under section 8.2.'';
(B) by striking paragraphs (6) and (8);
(C) by redesignating paragraphs (7), (9), and (10)
as paragraphs (6), (7), and (8), respectively; and
(D) in subparagraph (B)(i) of paragraph (7) (as so
redesignated), by striking ``(b) through (d)'' and
inserting ``(b) and (c)''.
(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-2) is amended--
(A) by striking subsection (a);
(B) in subsection (b), by striking the subsection
designation and heading and all that follows through
the period at the end of paragraph (1) and inserting
the following:
``(a) In General.--
``(1) Establishment.--The Corporation shall be under the
management of the board of directors.'';
(C) in subsection (a) (as so designated)--
(i) by striking ``permanent board'' each
place it appears and inserting ``Board'';
(ii) by striking paragraph (3);
(iii) by redesignating paragraphs (4)
through (10) as paragraphs (3) through (9),
respectively; and
(iv) in paragraph (3)(A) (as so
redesignated), by striking ``(6)'' and
inserting ``(5)''; and
(D) by redesignating subsection (c) as subsection
(b).
(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-4(a)(1)) is amended--
(A) in the sixth sentence--
(i) by striking ``Class B'' and inserting
the following:
``(iii) Class b stock.--Class B''; and
(ii) by striking ``8.2(b)(2)(B)'' and
inserting ``8.2(a)(2)(B)'';
(B) in the fifth sentence--
(i) by striking ``Class A'' and inserting
the following:
``(ii) Class a stock.--Class A''; and
(ii) by striking ``8.2(b)(2)(A)'' and
inserting ``8.2(a)(2)(A)'';
(C) in the fourth sentence, by striking ``The
stock'' and inserting the following:
``(D) Classes of stock.--
``(i) In general.--The stock'';
(D) by striking the third sentence and inserting
the following:
``(C) Offers.--
``(i) In general.--The Board shall offer
the voting common stock to banks, other
financial institutions, insurance companies,
and System institutions under such terms and
conditions as the Board may adopt.
``(ii) Requirements.--The voting common
stock shall be fairly and broadly offered to
ensure that--
``(I) no institution or
institutions acquire a disproportionate
share of the total quantity of the
voting common stock outstanding of a
class of stock; and
``(II) capital contributions and
issuances of voting common stock for
the contributions are fairly
distributed between entities eligible
to hold class A stock and class B
stock.'';
(E) in the second sentence, by striking ``Each
share'' and inserting the following:
``(B) Number of votes.--Each share''; and
(F) in the first sentence, by striking ``The
Corporation'' and inserting the following:
``(A) In general.--The Corporation''.
(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-6) is amended--
(A) by striking subsection (d);
(B) by redesignating subsection (e) as subsection
(d); and
(C) in paragraph (2) of subsection (d) (as so
redesignated), by striking ``8.0(9))'' and inserting
``8.0)''.
(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-9) is amended by striking ``4.14C,'' each place it
appears.
(47) Section 8.11(e) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-11(e)) is amended by striking ``8.0(7))'' and
inserting ``8.0)''.
(48) Section 8.32(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279bb-1(a)) is amended--
(A) in the first sentence of the matter preceding
paragraph (1), 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''; and
(B) in paragraph (1)(B), by striking ``8.0(9)(C)''
and inserting ``8.0(7)(C)''.
(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2279bb-2(b)(2)(A)) is amended by striking ``8.6(e)''
and inserting ``8.6(d)''.
(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-4) is amended by striking subsection (e).
(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-7) is repealed.
(52) Section 4 of the Agricultural Marketing Act (12 U.S.C.
1141b) is repealed.
(53) Section 5 of the Agricultural Marketing Act (12 U.S.C.
1141c) is repealed.
(54) Section 6 of the Agricultural Marketing Act (12 U.S.C.
1141d) is repealed.
(55) Section 7 of the Agricultural Marketing Act (12 U.S.C.
1141e) is repealed.
(56) Section 8 of the Agricultural Marketing Act (12 U.S.C.
1141f) is repealed.
(57) Section 14 of the Agricultural Marketing Act (12
U.S.C. 1141i) is repealed.
(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239;
12 U.S.C. 1141d-1), is repealed.
(59) Section 201(e) of the Emergency Relief and
Construction Act of 1932 (12 U.S.C. 1148) is repealed.
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,
chapter 192; 12 U.S.C. 1148a-4), is repealed.
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.
1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.
1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,
chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
SEC. 5408. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN OTHER
POWERS.
Part E of title V of the Farm Credit Act of 1971 is amended by
inserting after section 5.61B (12 U.S.C. 2277a-10b) the following:
``SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN OTHER
POWERS.
``(a) Definition of Institution.--In this section, the term
`institution' includes any System institution for which the Corporation
has been appointed as conservator or receiver.
``(b) Certain Powers and Duties of Corporation as Conservator or
Receiver.--In addition to the powers inherent in the express grant of
corporate authority under section 5.58(9), and other powers exercised
by the Corporation under this part, the Corporation shall have the
following express powers to act as a conservator or receiver:
``(1) Rulemaking authority of corporation.--The Corporation
may prescribe such regulations as the Corporation determines to
be appropriate regarding the conduct of conservatorships or
receiverships.
``(2) General powers.--
``(A) Successor to system institution.--The
Corporation shall, as conservator or receiver, and by
operation of law, succeed to--
``(i) all rights, titles, powers, and
privileges of the System institution, and of
any stockholder, member, officer, or director
of such System institution with respect to the
System institution and the assets of the System
institution; and
``(ii) title to the books, records, and
assets of any previous conservator or other
legal custodian of such System institution.
``(B) Operate the system institution.--The
Corporation may, as conservator or receiver--
``(i) take over the assets of and operate
the System institution with all the powers of
the stockholders or members, the directors, and
the officers of the System institution and
conduct all business of the System institution;
``(ii) collect all obligations and money
due the System institution;
``(iii) perform all functions of the System
institution in the name of the System
institution which are consistent with the
appointment as conservator or receiver;
``(iv) preserve and conserve the assets and
property of such System institution; and
``(v) provide by contract for assistance in
fulfilling any function, activity, action, or
duty of the Corporation as conservator or
receiver.
``(C) Functions of system institution's officers,
directors, members, and stockholders.--The Corporation
may, by regulation or order, provide for the exercise
of any function by any stockholder, member, director,
or officer of any System institution for which the
Corporation has been appointed conservator or receiver.
``(D) Powers as conservator.--Subject to any Farm
Credit Administration approvals required under this
Act, the Corporation may, as conservator, take such
action as may be--
``(i) necessary to put the System
institution in a sound and solvent condition;
and
``(ii) appropriate to carry on the business
of the System institution and preserve and
conserve the assets and property of the System
institution.
``(E) Additional powers as receiver.--The
Corporation may, as receiver, liquidate the System
institution and proceed to realize upon the assets of
the System institution, in such manner as the
Corporation determines to be appropriate.
``(F) Organization of new system bank.--The
Corporation may, as receiver with respect to any System
bank, organize a bridge System bank under subsection
(h).
``(G) Merger; transfer of assets and liabilities.--
``(i) In general.--Subject to clause (ii),
the Corporation may, as conservator or
receiver--
``(I) merge the System institution
with another System institution; and
``(II) transfer or sell any asset
or liability of the System institution
in default without any approval,
assignment, or consent with respect to
such transfer.
``(ii) Approval.--No merger or transfer
under clause (i) may be made to another System
institution (other than a bridge System bank
under subsection (h)) without the approval of
the Farm Credit Administration.
``(H) Payment of valid obligations.--The
Corporation, as conservator or receiver, shall, to the
extent that proceeds are realized from the performance
of contracts or the sale of the assets of a System
institution, pay all valid obligations of the System
institution in accordance with the prescriptions and
limitations of this section.
``(I) Incidental powers.--
``(i) In general.--The Corporation may, as
conservator or receiver--
``(I) exercise all powers and
authorities specifically granted to
conservators or receivers,
respectively, under this section and
such incidental powers as shall be
necessary to carry out such powers; and
``(II) take any action authorized
by this section, which the Corporation
determines is in the best interests
of--
``(aa) the System
institution in receivership or
conservatorship;
``(bb) System institutions;
``(cc) System institution
stockholders or investors; or
``(dd) the Corporation.
``(ii) Termination of rights and claims.--
``(I) In general.--Except as
provided in subclause (II),
notwithstanding any other provision of
law, the appointment of the Corporation
as receiver for a System institution
and the succession of the Corporation,
by operation of law, to the rights,
titles, powers, and privileges
described in subparagraph (A) shall
terminate all rights and claims that
the stockholders and creditors of the
System institution may have, arising as
a result of their status as
stockholders or creditors, against the
assets or charter of the System
institution or the Corporation.
``(II) Exceptions.--Subclause (I)
shall not terminate the right to
payment, resolution, or other
satisfaction of the claims of
stockholders and creditors described in
that subclause, as permitted under
paragraphs (10) and (11) and subsection
(d).
``(iii) Charter.--Notwithstanding any other
provision of law, for purposes of this section,
the charter of a System institution shall not
be considered to be an asset of the System
institution.
``(J) Utilization of private sector.--In carrying
out its responsibilities in the management and
disposition of assets from System institutions, as
conservator, receiver, or in its corporate capacity,
the Corporation may utilize the services of private
persons, including real estate and loan portfolio asset
management, property management, auction marketing,
legal, and brokerage services, if the Corporation
determines utilization of such services is practicable,
efficient, and cost effective.
``(3) Authority of receiver to determine claims.--
``(A) In general.--The Corporation may, as
receiver, determine claims in accordance with the
requirements of this subsection and regulations
prescribed under paragraph (4).
``(B) Notice requirements.--The receiver, in any
case involving the liquidation or winding up of the
affairs of a closed System institution, shall--
``(i) promptly publish a notice to the
System institution's creditors to present their
claims, together with proof, to the receiver by
a date specified in the notice which shall be
not less than 90 days after the publication of
such notice; and
``(ii) republish such notice approximately
1 month and 2 months, respectively, after the
publication under clause (i).
``(C) Mailing required.--The receiver shall mail a
notice similar to the notice published under
subparagraph (B)(i) at the time of such publication to
any creditor shown on the System institution's books--
``(i) at the creditor's last address
appearing in such books; or
``(ii) upon discovery of the name and
address of a claimant not appearing on the
System institution's books within 30 days after
the discovery of such name and address.
``(4) Rulemaking authority relating to determination of
claims.--The Corporation may prescribe regulations regarding
the allowance or disallowance of claims by the receiver and
providing for administrative determination of claims and review
of such determination.
``(5) Procedures for determination of claims.--
``(A) Determination period.--
``(i) In general.--Before the end of the
180-day period beginning on the date any claim
against a System institution is filed with the
Corporation as receiver, the Corporation shall
determine whether to allow or disallow the
claim and shall notify the claimant of any
determination with respect to such claim.
``(ii) Extension of time.--The period
described in clause (i) may be extended by a
written agreement between the claimant and the
Corporation.
``(iii) Mailing of notice sufficient.--The
requirements of clause (i) shall be deemed to
be satisfied if the notice of any determination
with respect to any claim is mailed to the last
address of the claimant which appears--
``(I) on the System institution's
books;
``(II) in the claim filed by the
claimant; or
``(III) in documents submitted in
proof of the claim.
``(iv) Contents of notice of
disallowance.--If any claim filed under clause
(i) is disallowed, the notice to the claimant
shall contain--
``(I) a statement of each reason
for the disallowance; and
``(II) the procedures available for
obtaining agency review of the
determination to disallow the claim or
judicial determination of the claim.
``(B) Allowance of proven claims.--The receiver
shall allow any claim received on or before the date
specified in the notice published under paragraph
(3)(B)(i) by the receiver from any claimant which is
proved to the satisfaction of the receiver.
``(C) Disallowance of claims filed after end of
filing period.--
``(i) In general.--Except as provided in
clause (ii), claims filed after the date
specified in the notice published under
paragraph (3)(B)(i) shall be disallowed and
such disallowance shall be final.
``(ii) Certain exceptions.--Clause (i)
shall not apply with respect to any claim filed
by any claimant after the date specified in the
notice published under paragraph (3)(B)(i) and
such claim may be considered by the receiver
if--
``(I) the claimant did not receive
notice of the appointment of the
receiver in time to file such claim
before such date; and
``(II) such claim is filed in time
to permit payment of such claim.
``(D) Authority to disallow claims.--
``(i) In general.--The receiver may
disallow any portion of any claim by a creditor
or claim of security, preference, or priority
which is not proved to the satisfaction of the
receiver.
``(ii) Payments to less than fully secured
creditors.--In the case of a claim of a
creditor against a System institution which is
secured by any property or other asset of such
System institution, any receiver appointed for
any System institution--
``(I) may treat the portion of such
claim which exceeds an amount equal to
the fair market value of such property
or other asset as an unsecured claim
against the System institution; and
``(II) may not make any payment
with respect to such unsecured portion
of the claim other than in connection
with the disposition of all claims of
unsecured creditors of the System
institution.
``(iii) Exceptions.--No provision of this
paragraph shall apply with respect to--
``(I) any extension of credit from
any Federal Reserve bank or the United
States Treasury to any System
institution; or
``(II) any security interest in the
assets of the System institution
securing any such extension of credit.
``(E) No judicial review of determination pursuant
to subparagraph (d).--No court may review the
Corporation's determination pursuant to subparagraph
(D) to disallow a claim.
``(F) Legal effect of filing.--
``(i) Statute of limitation tolled.--For
purposes of any applicable statute of
limitations, the filing of a claim with the
receiver shall constitute a commencement of an
action.
``(ii) No prejudice to other actions.--
Subject to paragraph (12) and the determination
of claims by a receiver, the filing of a claim
with the receiver shall not prejudice any right
of the claimant to continue any action which
was filed before the appointment of the
receiver.
``(6) Provision for judicial determination of claims.--
``(A) In general.--Before the end of the 60-day
period beginning on the earlier of--
``(i) the end of the period described in
paragraph (5)(A)(i) with respect to any claim
against a System institution for which the
Corporation is receiver; or
``(ii) the date of any notice of
disallowance of such claim pursuant to
paragraph (5)(A)(i),
the claimant may request administrative review of the
claim in accordance with paragraph (7) or file suit on
such claim (or continue an action commenced before the
appointment of the receiver) in the district or
territorial court of the United States for the district
within which the System institution's principal place
of business is located or the United States District
Court for the District of Columbia (and such court
shall have jurisdiction to hear such claim).
``(B) Statute of limitations.--If any claimant
fails to file suit on such claim (or continue an action
commenced before the appointment of the receiver),
before the end of the 60-day period described in
subparagraph (A), the claim shall be deemed to be
disallowed (other than any portion of such claim which
was allowed by the receiver) as of the end of such
period, such disallowance shall be final, and the
claimant shall have no further rights or remedies with
respect to such claim.
``(7) Review of claims; administrative hearing.--If any
claimant requests review under this paragraph in lieu of filing
or continuing any action under paragraph (6) and the
Corporation agrees to such request, the Corporation shall
consider the claim after opportunity for a hearing on the
record. The final determination of the Corporation with respect
to such claim shall be subject to judicial review under chapter
7 of title 5, United States Code.
``(8) Expedited determination of claims.--
``(A) Establishment required.--The Corporation
shall establish a procedure for expedited relief
outside of the routine claims process established under
paragraph (5) for claimants who--
``(i) allege the existence of legally valid
and enforceable or perfected security interests
in assets of any System institution for which
the Corporation has been appointed receiver;
and
``(ii) allege that irreparable injury will
occur if the routine claims procedure is
followed.
``(B) Determination period.--Before the end of the
90-day period beginning on the date any claim is filed
in accordance with the procedures established pursuant
to subparagraph (A), the Corporation shall--
``(i) determine--
``(I) whether to allow or disallow
such claim; or
``(II) whether such claim should be
determined pursuant to the procedures
established pursuant to paragraph (5);
and
``(ii) notify the claimant of the
determination, and if the claim is disallowed,
provide a statement of each reason for the
disallowance and the procedure for obtaining
agency review or judicial determination.
``(C) Period for filing or renewing suit.--Any
claimant who files a request for expedited relief shall
be permitted to file a suit, or to continue a suit
filed before the appointment of the receiver, seeking a
determination of the claimant's rights with respect to
such security interest after the earlier of--
``(i) the end of the 90-day period
beginning on the date of the filing of a
request for expedited relief; or
``(ii) the date the Corporation denies the
claim.
``(D) Statute of limitations.--If an action
described in subparagraph (C) is not filed, or the
motion to renew a previously filed suit is not made,
before the end of the 30-day period beginning on the
date on which such action or motion may be filed in
accordance with subparagraph (B), the claim shall be
deemed to be disallowed as of the end of such period
(other than any portion of such claim which was allowed
by the receiver), such disallowance shall be final, and
the claimant shall have no further rights or remedies
with respect to such claim.
``(E) Legal effect of filing.--
``(i) Statute of limitation tolled.--For
purposes of any applicable statute of
limitations, the filing of a claim with the
receiver shall constitute a commencement of an
action.
``(ii) No prejudice to other actions.--
Subject to paragraph (12), the filing of a
claim with the receiver shall not prejudice any
right of the claimant to continue any action
which was filed before the appointment of the
receiver.
``(9) Agreement as basis of claim.--
``(A) Requirements.--Except as provided in
subparagraph (B), any agreement which does not meet the
requirements set forth in section 5.61(d) shall not
form the basis of, or substantially comprise, a claim
against the receiver or the Corporation.
``(B) Exception to contemporaneous execution
requirement.--Notwithstanding section 5.61(d), any
agreement relating to an extension of credit between a
Federal Reserve bank or the United States Treasury and
any System institution which was executed before such
extension of credit to such System institution shall be
treated as having been executed contemporaneously with
such extension of credit for purposes of subparagraph
(A).
``(10) Payment of claims.--
``(A) In general.--The receiver may, in the
receiver's discretion and to the extent funds are
available from the assets of the System institution,
pay creditor claims which are allowed by the receiver,
approved by the Corporation pursuant to a final
determination pursuant to paragraph (7) or (8), or
determined by the final judgment of any court of
competent jurisdiction in such manner and amounts as
are authorized under this Act.
``(B) Liquidation payments.--The receiver may, in
the receiver's sole discretion, pay from the assets of
the System institution portions of proved claims at any
time, and no liability shall attach to the Corporation
(in such Corporation's corporate capacity or as
receiver), by reason of any such payment, for failure
to make payments to a claimant whose claim is not
proved at the time of any such payment.
``(C) Rulemaking authority of corporation.--The
Corporation may prescribe such rules, including
definitions of terms, as it deems appropriate to
establish a single uniform interest rate for or to make
payments of post insolvency interest to creditors
holding proven claims against the receivership estates
of System institutions following satisfaction by the
receiver of the principal amount of all creditor
claims.
``(11) Priority of expenses and claims.--
``(A) In general.--Amounts realized from the
liquidation or other resolution of any System
institution by any receiver appointed for such System
institution shall be distributed to pay claims (other
than secured claims to the extent of any such security)
in the following order of priority:
``(i) Administrative expenses of the
receiver.
``(ii) If authorized by the Corporation,
wages, salaries, or commissions, including
vacation, severance, and sick leave pay earned
by an individual--
``(I) in an amount that is not more
than $11,725 for each individual (as
indexed for inflation, by regulation of
the Corporation); and
``(II) that is earned 180 days or
fewer before the date of appointment of
the Corporation as receiver.
``(iii) In the case of the resolution of a
System bank, all claims of holders of
consolidated and System-wide bonds and all
claims of the other System banks arising from
the payments of the System banks pursuant to--
``(I) section 4.4 on consolidated
and System-wide bonds issued under
subsection (c) or (d) of section 4.2;
or
``(II) an agreement, in writing and
approved by the Farm Credit
Administration, among the System banks
to reallocate the payments.
``(iv) In the case of the resolution of a
production credit association or other
association making direct loans under section
7.6, all claims of a System bank based on the
financing agreement between the association and
the System bank--
``(I) including interest accrued
before and after the appointment of the
receiver; and
``(II) not including any setoff for
stock or other equity of that System
bank owned by the association, on that
condition that, prior to making that
setoff, that System bank shall obtain
the approval of the Farm Credit
Administration Board for the retirement
of that stock or equity.
``(v) Any general or senior liability of
the System institution (which is not a
liability described in clause (vi) or (vii)).
``(vi) Any obligation subordinated to
general creditors (which is not an obligation
described in clause (vii)).
``(vii) Any obligation to stockholders or
members arising as a result of their status as
stockholders or members.
``(B) Payment of claims.--
``(i) In general.--
``(I) Payment.--All claims of each
priority described in clauses (i)
through (vii) of subparagraph (A) shall
be paid in full, or provisions shall be
made for that payment, prior to the
payment of any claim of a lesser
priority.
``(II) Insufficient funds.--If
there are insufficient funds to pay in
full all claims in any priority
described clauses (i) through (vii) of
subparagraph (A), distribution on that
priority of claims shall be made on a
pro rata basis.
``(ii) Distribution of remaining assets.--
Following the payment of all claims in
accordance with subparagraph (A), the receiver
shall distribute the remainder of the assets of
the System institution to the owners of stock,
participation certificates, and other equities
in accordance with the priorities for
impairment under the bylaws of the System
institution.
``(iii) Eligible borrower stock.--
Notwithstanding subparagraph (C) or any other
provision of this section, eligible borrower
stock shall be retired in accordance with
section 4.9A.
``(C) Effect of state law.--
``(i) In general.--The provisions of
subparagraph (A) shall not supersede the law of
any State except to the extent such law is
inconsistent with the provisions of such
subparagraph, and then only to the extent of
the inconsistency.
``(ii) Procedure for determination of
inconsistency.--Upon the Corporation's own
motion or upon the request of any person with a
claim described in subparagraph (A) or any
State which is submitted to the Corporation in
accordance with procedures which the
Corporation shall prescribe, the Corporation
shall determine whether any provision of the
law of any State is inconsistent with any
provision of subparagraph (A) and the extent of
any such inconsistency.
``(iii) Judicial review.--The final
determination of the Corporation under clause
(ii) shall be subject to judicial review under
chapter 7 of title 5, United States Code.
``(D) Accounting report.--Any distribution by the
Corporation in connection with any claim described in
subparagraph (A)(vii) shall be accompanied by the
accounting report required under paragraph (15)(B).
``(12) Suspension of legal actions.--
``(A) In general.--After the appointment of a
conservator or receiver for a System institution, the
conservator or receiver may request a stay for a period
not to exceed--
``(i) 45 days, in the case of any
conservator; and
``(ii) 90 days, in the case of any
receiver,
in any judicial action or proceeding to which such
System institution is or becomes a party.
``(B) Grant of stay by all courts required.--Upon
receipt of a request by any conservator or receiver
pursuant to subparagraph (A) for a stay of any judicial
action or proceeding in any court with jurisdiction of
such action or proceeding, the court shall grant such
stay as to all parties.
``(13) Additional rights and duties.--
``(A) Prior final adjudication.--The Corporation
shall abide by any final unappealable judgment of any
court of competent jurisdiction which was rendered
before the appointment of the Corporation as
conservator or receiver.
``(B) Rights and remedies of conservator or
receiver.--In the event of any appealable judgment, the
Corporation as conservator or receiver shall--
``(i) have all the rights and remedies
available to the System institution (before the
appointment of such conservator or receiver)
and the Corporation in its corporate capacity,
including removal to Federal court and all
appellate rights; and
``(ii) not be required to post any bond in
order to pursue such remedies.
``(C) No attachment or execution.--No attachment or
execution may issue by any court on--
``(i) assets in the possession of the
receiver; or
``(ii) the charter of a System institution
for which the Corporation has been appointed
receiver.
``(D) Limitation on judicial review.--Except as
otherwise provided in this subsection, no court shall
have jurisdiction over--
``(i) any claim or action for payment from,
or any action seeking a determination of rights
with respect to, the assets of any System
institution for which the Corporation has been
appointed receiver, including assets which the
Corporation may acquire from itself as such
receiver; or
``(ii) any claim relating to any act or
omission of such System institution or the
Corporation as receiver.
``(E) Disposition of assets.--In exercising any
right, power, privilege, or authority as receiver in
connection with any sale or disposition of assets of
any System institution for which the Corporation is
acting as receiver, the Corporation shall, to the
maximum extent practicable, conduct its operations in a
manner which--
``(i) maximizes the net present value
return from the sale or disposition of such
assets;
``(ii) minimizes the amount of any loss
realized in the resolution of cases;
``(iii) ensures adequate competition and
fair and consistent treatment of offerors;
``(iv) prohibits discrimination on the
basis of race, sex, or ethnic groups in the
solicitation and consideration of offers; and
``(v) mitigates the potential for serious
adverse effects to the rest of the System.
``(14) Statute of limitations for actions brought by
conservator or receiver.--
``(A) In general.--Notwithstanding any provision of
any contract, the applicable statute of limitations
with regard to any action brought by the Corporation as
conservator or receiver shall be--
``(i) in the case of any contract claim,
the longer of--
``(I) the 6-year period beginning
on the date the claim accrues; or
``(II) the period applicable under
State law; and
``(ii) in the case of any tort claim, the
longer of--
``(I) the 3-year period beginning
on the date the claim accrues; or
``(II) the period applicable under
State law.
``(B) Determination of the date on which a claim
accrues.--For purposes of subparagraph (A), the date on
which the statute of limitations begins to run on any
claim described in such subparagraph shall be the later
of--
``(i) the date of the appointment of the
Corporation as conservator or receiver; or
``(ii) the date on which the cause of
action accrues.
``(C) Revival of expired state causes of action.--
``(i) In general.--In the case of any tort
claim described in clause (ii) for which the
statute of limitation applicable under State
law with respect to such claim has expired not
more than 5 years before the appointment of the
Corporation as conservator or receiver, the
Corporation may bring an action as conservator
or receiver on such claim without regard to the
expiration of the statute of limitation
applicable under State law.
``(ii) Claims described.--A tort claim
referred to in clause (i) is a claim arising
from fraud, intentional misconduct resulting in
unjust enrichment, or intentional misconduct
resulting in substantial loss to the System
institution.
``(15) Accounting and recordkeeping requirements.--
``(A) In general.--The Corporation as conservator
or receiver shall, consistent with the accounting and
reporting practices and procedures established by the
Corporation, maintain a full accounting of each
conservatorship and receivership or other disposition
of System institutions in default.
``(B) Annual accounting or report.--With respect to
each conservatorship or receivership to which the
Corporation was appointed, the Corporation shall make
an annual accounting or report, as appropriate,
available to the Farm Credit Administration Board.
``(C) Availability of reports.--Any report prepared
pursuant to subparagraph (B) shall be made available by
the Corporation upon request to any stockholder of the
System institution for which the Corporation was
appointed conservator or receiver or any other member
of the public.
``(D) Recordkeeping requirement.--
``(i) In general.--Except as provided in
clause (ii), after the end of the 6-year period
beginning on the date the Corporation is
appointed as receiver of a System institution,
the Corporation may destroy any records of such
System institution which the Corporation, in
the Corporation's discretion, determines to be
unnecessary unless directed not to do so by a
court of competent jurisdiction or governmental
agency, or prohibited by law.
``(ii) Old records.--Notwithstanding clause
(i), the Corporation may destroy records of a
System institution which are at least 10 years
old as of the date on which the Corporation is
appointed as the receiver of such System
institution in accordance with clause (i) at
any time after such appointment is final,
without regard to the 6-year period of
limitation contained in clause (i).
``(16) Fraudulent transfers.--
``(A) In general.--The Corporation, as conservator
or receiver for any System institution, may avoid a
transfer of any interest of a System institution-
affiliated party, or any person who the Corporation
determines is a debtor of the System institution, in
property, or any obligation incurred by such party or
person, that was made within 5 years of the date on
which the Corporation was appointed conservator or
receiver if such party or person voluntarily or
involuntarily made such transfer or incurred such
liability with the intent to hinder, delay, or defraud
the System institution, the Farm Credit Administration,
or the Corporation.
``(B) Right of recovery.--To the extent a transfer
is avoided under subparagraph (A), the Corporation may
recover, for the benefit of the System institution, the
property transferred, or, if a court so orders, the
value of such property (at the time of such transfer)
from--
``(i) the initial transferee of such
transfer or the System institution-affiliated
party or person for whose benefit such transfer
was made; or
``(ii) any immediate or mediate transferee
of any such initial transferee.
``(C) Rights of transferee or obligee.--The
Corporation may not recover under subparagraph (B)
from--
``(i) any transferee that takes for value,
including satisfaction or securing of a present
or antecedent debt, in good faith; or
``(ii) any immediate or mediate good faith
transferee of such transferee.
``(D) Rights under this paragraph.--The rights
under this paragraph of the Corporation shall be
superior to any rights of a trustee or any other party
(other than any party which is a Federal agency) under
title 11, United States Code.
``(17) Attachment of assets and other injunctive relief.--
Subject to paragraph (18), any court of competent jurisdiction
may, at the request of the Corporation (in the Corporation's
capacity as conservator or receiver for any System institution
or in the Corporation's corporate capacity with respect to any
asset acquired or liability assumed by the Corporation under
section 5.61), issue an order in accordance with Rule 65 of the
Federal Rules of Civil Procedure, including an order placing
the assets of any person designated by the Corporation under
the control of the court and appointing a trustee to hold such
assets.
``(18) Standards.--
``(A) Showing.--Rule 65 of the Federal Rules of
Civil Procedure shall apply with respect to any
proceeding under paragraph (17) without regard to the
requirement of such rule that the applicant show that
the injury, loss, or damage is irreparable and
immediate.
``(B) State proceeding.--If, in the case of any
proceeding in a State court, the court determines that
rules of civil procedure available under the laws of
such State provide substantially similar protections to
such party's right to due process as Rule 65 (as
modified with respect to such proceeding by
subparagraph (A)), the relief sought by the Corporation
pursuant to paragraph (17) may be requested under the
laws of such State.
``(19) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any
other provision of this subsection, any final and unappealable
judgment for monetary damages entered against a receiver or
conservator for a System institution for the breach of an
agreement executed or approved by such receiver or conservator
after the date of its appointment shall be paid as an
administrative expense of the receiver or conservator. Nothing
in this paragraph shall be construed to limit the power of a
receiver or conservator to exercise any rights under contract
or law, including terminating, breaching, canceling, or
otherwise discontinuing such agreement.
``(c) Provisions Relating to Contracts Entered Into Before
Appointment of Conservator or Receiver.--
``(1) Authority to repudiate contracts.--In addition to any
other rights a conservator or receiver may have, the
conservator or receiver for a System institution may disaffirm
or repudiate any contract or lease--
``(A) to which such System institution is a party;
``(B) the performance of which the conservator or
receiver, in the conservator's or receiver's
discretion, determines to be burdensome; and
``(C) the disaffirmance or repudiation of which the
conservator or receiver determines, in the
conservator's or receiver's discretion, will promote
the orderly administration of the System institution's
affairs.
``(2) Timing of repudiation.--The Corporation as
conservator or receiver for any System institution shall
determine whether or not to exercise the rights of repudiation
under this subsection within a reasonable period following such
appointment.
``(3) Claims for damages for repudiation.--
``(A) In general.--Except as otherwise provided in
subparagraph (C) and paragraphs (4), (5), and (6), the
liability of the conservator or receiver for the
disaffirmance or repudiation of any contract pursuant
to paragraph (1) shall be--
``(i) limited to actual direct compensatory
damages; and
``(ii) determined as of--
``(I) the date of the appointment
of the conservator or receiver; or
``(II) in the case of any contract
or agreement referred to in paragraph
(8), the date of the disaffirmance or
repudiation of such contract or
agreement.
``(B) No liability for other damages.--For purposes
of subparagraph (A), the term `actual direct
compensatory damages' does not include--
``(i) punitive or exemplary damages;
``(ii) damages for lost profits or
opportunity; or
``(iii) damages for pain and suffering.
``(C) Measure of damages for repudiation of
financial contracts.--In the case of any qualified
financial contract or agreement to which paragraph (8)
applies, compensatory damages shall be--
``(i) deemed to include normal and
reasonable costs of cover or other reasonable
measures of damages utilized in the industries
for such contract and agreement claims; and
``(ii) paid in accordance with this
subsection and subsection (j), except as
otherwise specifically provided in this
section.
``(4) Leases under which the system institution is the
lessee.--
``(A) In general.--If the conservator or receiver
disaffirms or repudiates a lease under which the System
institution was the lessee, the conservator or receiver
shall not be liable for any damages (other than damages
determined pursuant to subparagraph (B)) for the
disaffirmance or repudiation of such lease.
``(B) Payments of rent.--Notwithstanding
subparagraph (A), the lessor under a lease to which
such subparagraph applies shall--
``(i) be entitled to the contractual rent
accruing before the later of the date--
``(I) the notice of disaffirmance
or repudiation is mailed; or
``(II) the disaffirmance or
repudiation becomes effective, unless
the lessor is in default or breach of
the terms of the lease; and
``(ii) have no claim for damages under any
acceleration clause or other penalty provision
in the lease; and
``(iii) have a claim for any unpaid rent,
subject to all appropriate offsets and
defenses, due as of the date of the
appointment, which shall be paid in accordance
with this subsection and subsection (j).
``(5) Leases under which the system institution is the
lessor.--
``(A) In general.--If the conservator or receiver
repudiates an unexpired written lease of real property
of the System institution under which the System
institution is the lessor and the lessee is not, as of
the date of such repudiation, in default, the lessee
under such lease may either--
``(i) treat the lease as terminated by such
repudiation; or
``(ii) remain in possession of the
leasehold interest for the balance of the term
of the lease, unless the lessee defaults under
the terms of the lease after the date of such
repudiation.
``(B) Provisions applicable to lessee remaining in
possession.--If any lessee under a lease described in
subparagraph (A) remains in possession of a leasehold
interest pursuant to clause (ii) of such subparagraph--
``(i) the lessee--
``(I) shall continue to pay the
contractual rent pursuant to the terms
of the lease after the date of the
repudiation of such lease; and
``(II) may offset against any rent
payment which accrues after the date of
the repudiation of the lease, any
damages which accrue after such date
due to the nonperformance of any
obligation of the System institution
under the lease after such date; and
``(ii) the conservator or receiver shall
not be liable to the lessee for any damages
arising after such date as a result of the
repudiation, other than the amount of any
offset allowed under clause (i)(II).
``(6) Contracts for the sale of real property.--
``(A) In general.--If the conservator or receiver
repudiates any contract (which repudiates any contract
that meets the requirements of paragraphs (1) through
(4) of section 5.61(d) for the sale of real property,
and the purchaser of such real property under such
contract is in possession and is not, as of the date of
such repudiation, in default, such purchaser may
either--
``(i) treat the contract as terminated by
such repudiation; or
``(ii) remain in possession of such real
property.
``(B) Provisions applicable to purchaser remaining
in possession.--If any purchaser of real property under
any contract described in subparagraph (A) remains in
possession of such property pursuant to clause (ii) of
such subparagraph--
``(i) the purchaser--
``(I) shall continue to make all
payments due under the contract after
the date of the repudiation of the
contract; and
``(II) may offset against any such
payments any damages which accrue after
such date due to the nonperformance
(after such date) of any obligation of
the System institution under the
contract; and
``(ii) the conservator or receiver shall--
``(I) not be liable to the
purchaser for any damages arising after
that date as a result of the
repudiation, other than the amount of
any offset allowed under clause
(i)(II);
``(II) deliver title to the
purchaser in accordance with the
contract; and
``(III) have no obligation under
the contract, other than the
performance required under subclause
(II).
``(C) Assignment and sale allowed.--
``(i) In general.--No provision of this
paragraph shall be construed as limiting the
right of the conservator or receiver to assign
the contract described in subparagraph (A) and
sell the property subject to the contract and
this paragraph.
``(ii) No liability after assignment and
sale.--If an assignment and sale described in
clause (i) is consummated, the Corporation,
acting as conservator or receiver, shall have
no further liability under the applicable
contract described in subparagraph (A) or with
respect to the real property which was the
subject of such contract.
``(7) Provisions applicable to service contracts.--
``(A) Services performed before appointment.--In
the case of any contract for services between any
person and any System institution for which the
Corporation has been appointed conservator or receiver,
any claim of such person for services performed before
the appointment of the conservator or the receiver
shall be--
``(i) a claim to be paid in accordance with
subsections (b) and (d); and
``(ii) deemed to have arisen as of the date
the conservator or receiver was appointed.
``(B) Services performed after appointment and
prior to repudiation.--If, in the case of any contract
for services described in subparagraph (A), the
conservator or receiver accepts performance by the
other person before the conservator or receiver makes
any determination to exercise the right of repudiation
of such contract under this section--
``(i) the other party shall be paid under
the terms of the contract for the services
performed; and
``(ii) the amount of such payment shall be
treated as an administrative expense of the
conservatorship or receivership.
``(C) Acceptance of performance no bar to
subsequent repudiation.--The acceptance by any
conservator or receiver of services referred to in
subparagraph (B) in connection with a contract
described in such subparagraph shall not affect the
right of the conservator or receiver, to repudiate such
contract under this section at any time after such
performance.
``(8) Certain qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Commodity contract.--The term
`commodity contract' means--
``(I) with respect to a futures
commission merchant, a contract for the
purchase or sale of a commodity for
future delivery on, or subject to the
rules of, a contract market or board of
trade;
``(II) with respect to a foreign
futures commission merchant, a foreign
future;
``(III) with respect to a leverage
transaction merchant, a leverage
transaction;
``(IV) with respect to a clearing
organization, a contract for the
purchase or sale of a commodity for
future delivery on, or subject to the
rules of, a contract market or board of
trade that is cleared by such clearing
organization, or commodity option
traded on, or subject to the rules of,
a contract market or board of trade
that is cleared by such clearing
organization;
``(V) with respect to a commodity
options dealer, a commodity option;
``(VI) any other agreement or
transaction that is similar to any
agreement or transaction referred to in
this clause;
``(VII) any combination of the
agreements or transactions referred to
in this clause;
``(VIII) any option to enter into
any agreement or transaction referred
to in this clause;
``(IX) a master agreement that
provides for an agreement or
transaction referred to in any of
subclauses (I) through (VIII), together
with all supplements to any such master
agreement, without regard to whether
the master agreement provides for an
agreement or transaction that is not a
commodity contract under this clause,
except that the master agreement shall
be considered to be a commodity
contract under this clause only with
respect to each agreement or
transaction under the master agreement
that is referred to in subclause (I),
(II), (III), (IV), (V), (VI), (VII), or
(VIII); or
``(X) any security agreement or
arrangement or other credit enhancement
related to any agreement or transaction
referred to in this clause, including
any guarantee or reimbursement
obligation in connection with any
agreement or transaction referred to in
this clause.
``(ii) Forward contract.--The term `forward
contract' means--
``(I) a contract (other than a
commodity contract) for the purchase,
sale, or transfer of a commodity or any
similar good, article, service, right,
or interest which is presently or in
the future becomes the subject of
dealing in the forward contract trade,
or product or byproduct thereof, with a
maturity date more than 2 days after
the date the contract is entered into,
including a repurchase or reverse
repurchase transaction (whether or not
such repurchase or reverse repurchase
transaction is a repurchase agreement),
consignment, lease, swap, hedge
transaction, deposit, loan, option,
allocated transaction, unallocated
transaction, or any other similar
agreement;
``(II) any combination of
agreements or transactions referred to
in subclauses (I) and (III);
``(III) any option to enter into
any agreement or transaction referred
to in subclause (I) or (II);
``(IV) a master agreement that
provides for an agreement or
transaction referred to in subclauses
(I) through (III), together with all
supplements to any such master
agreement, without regard to whether
the master agreement provides for an
agreement or transaction that is not a
forward contract under this clause,
except that the master agreement shall
be considered to be a forward contract
under this clause only with respect to
each agreement or transaction under the
master agreement that is referred to in
subclause (I), (II), or (III); or
``(V) any security agreement or
arrangement or other credit enhancement
related to any agreement or transaction
referred to in subclause (I), (II),
(III), or (IV), including any guarantee
or reimbursement obligation in
connection with any agreement or
transaction referred to in any such
subclause.
``(iii) Person.--The term `person'--
``(I) has the meaning given the
term in section 1 of title 1, United
States Code; and
``(II) includes any governmental
entity.
``(iv) Qualified financial contract.--The
term `qualified financial contract' means any
securities contract, commodity contract,
forward contract, repurchase agreement, swap
agreement, and any similar agreement that the
Corporation determines by regulation,
resolution, or order to be a qualified
financial contract for purposes of this
paragraph.
``(v) Repurchase agreement.--
``(I) In general.--The term
`repurchase agreement' (including with
respect to a reverse repurchase
agreement)--
``(aa) means--
``(AA) an
agreement, including
related terms, which
provides for the
transfer of one or more
certificates of
deposit, mortgage-
related securities (as
such term is defined in
section 3(a) of the
Securities Exchange Act
of 1934 (15 U.S.C.
78c(a))), mortgage
loans, interests in
mortgage-related
securities or mortgage
loans, eligible
bankers' acceptances,
qualified foreign
government securities
or securities that are
direct obligations of,
or that are fully
guaranteed by, the
United States or any
agency of the United
States against the
transfer of funds by
the transferee of such
certificates of
deposit, eligible
bankers' acceptances,
securities, mortgage
loans, or interests
with a simultaneous
agreement by such
transferee to transfer
to the transferor
thereof certificates of
deposit, eligible
bankers' acceptances,
securities, mortgage
loans, or interests as
described above, at a
date certain not later
than 1 year after such
transfers or on demand,
against the transfer of
funds, or any other
similar agreement;
``(BB) any
combination of
agreements or
transactions referred
to in subitems (AA) and
(CC);
``(CC) any option
to enter into any
agreement or
transaction referred to
in subitem (AA) or
(BB);
``(DD) a master
agreement that provides
for an agreement or
transaction referred to
in subitem (AA), (BB),
or (CC), together with
all supplements to any
such master agreement,
without regard to
whether the master
agreement provides for
an agreement or
transaction that is not
a repurchase agreement
under this item, except
that the master
agreement shall be
considered to be a
repurchase agreement
under this item only
with respect to each
agreement or
transaction under the
master agreement that
is referred to in
subitem (AA), (BB), or
(CC); and
``(EE) any security
agreement or
arrangement or other
credit enhancement
related to any
agreement or
transaction referred to
in any of subitems (AA)
through (DD), including
any guarantee or
reimbursement
obligation in
connection with any
agreement or
transaction referred to
in any such subitem;
and
``(bb) does not include any
repurchase obligation under a
participation in a commercial
mortgage, loan unless the
Corporation determines by
regulation, resolution, or
order to include any such
participation within the
meaning of such term.
``(II) Related definition.--For
purposes of subclause (I)(aa), the term
`qualified foreign government security'
means a security that is a direct
obligation of, or that is fully
guaranteed by, the central government
of a member of the Organization for
Economic Cooperation and Development
(as determined by regulation or order
adopted by the appropriate Federal
banking authority).
``(vi) Securities contract.--The term
`securities contract'--
``(I) means--
``(aa) a contract for the
purchase, sale, or loan of a
security, a certificate of
deposit, a mortgage loan, any
interest in a mortgage loan, a
group or index of securities,
certificates of deposit, or
mortgage loans or interests
therein (including any interest
therein or based on the value
thereof) or any option on any
of the foregoing, including any
option to purchase or sell any
such security, certificate of
deposit, mortgage loan,
interest, group or index, or
option, and including any
repurchase or reverse
repurchase transaction on any
such security, certificate of
deposit, mortgage loan,
interest, group or index, or
option (whether or not the
repurchase or reverse
repurchase transaction is a
repurchase agreement);
``(bb) any option entered
into on a national securities
exchange relating to foreign
currencies;
``(cc) the guarantee
(including by novation) by or
to any securities clearing
agency of any settlement of
cash, securities, certificates
of deposit, mortgage loans or
interests therein, group or
index of securities,
certificates of deposit, or
mortgage loans or interests
therein (including any interest
therein or based on the value
thereof) or option on any of
the foregoing, including any
option to purchase or sell any
such security, certificate of
deposit, mortgage loan,
interest, group or index, or
option (whether or not the
settlement is in connection
with any agreement or
transaction referred to in any
of items (aa), (bb), and (dd)
through (kk));
``(dd) any margin loan;
``(ee) any extension of
credit for the clearance or
settlement of securities
transactions;
``(ff) any loan transaction
coupled with a securities
collar transaction, any prepaid
securities forward transaction,
or any total return swap
transaction coupled with a
securities sale transaction;
``(gg) any other agreement
or transaction that is similar
to any agreement or transaction
referred to in this subclause;
``(hh) any combination of
the agreements or transactions
referred to in this subclause;
``(ii) any option to enter
into any agreement or
transaction referred to in this
subclause;
``(jj) a master agreement
that provides for an agreement
or transaction referred to in
any of items (aa) through (ii),
together with all supplements
to any such master agreement,
without regard to whether the
master agreement provides for
an agreement or transaction
that is not a securities
contract under this subclause,
except that the master
agreement shall be considered
to be a securities contract
under this subclause only with
respect to each agreement or
transaction under the master
agreement that is referred to
in item (aa), (bb), (cc), (dd),
(ee), (ff), (gg), (hh), or
(ii); and
``(kk) any security
agreement or arrangement or
other credit enhancement
related to any agreement or
transaction referred to in this
subclause, including any
guarantee or reimbursement
obligation in connection with
any agreement or transaction
referred to in this subclause;
and
``(II) does not include any
purchase, sale, or repurchase
obligation under a participation in a
commercial mortgage loan unless the
Corporation determines by regulation,
resolution, or order to include any
such agreement within the meaning of
such term.
``(vii) Swap agreement.--The term `swap
agreement' means--
``(I) any agreement, including the
terms and conditions incorporated by
reference in any such agreement, that
is--
``(aa) an interest rate
swap, option, future, or
forward agreement, including a
rate floor, rate cap, rate
collar, cross-currency rate
swap, and basis swap;
``(bb) a spot, same day-
tomorrow, tomorrow-next,
forward, or other foreign
exchange precious metals or
other commodity agreement;
``(cc) a currency swap,
option, future, or forward
agreement;
``(dd) an equity index or
equity swap, option, future, or
forward agreement;
``(ee) a debt index or debt
swap, option, future, or
forward agreement;
``(ff) a total return,
credit spread or credit swap,
option, future, or forward
agreement;
``(gg) a commodity index or
commodity swap, option, future,
or forward agreement;
``(hh) a weather swap,
option, future, or forward
agreement;
``(ii) an emissions swap,
option, future, or forward
agreement; or
``(jj) an inflation swap,
option, future, or forward
agreement;
``(II) any agreement or transaction
that is similar to any other agreement
or transaction referred to in this
clause and that is of a type that has
been, is presently, or in the future
becomes, the subject of recurrent
dealings in the swap or other
derivatives markets (including terms
and conditions incorporated by
reference in such agreement) and that
is a forward, swap, future, option or
spot transaction on one or more rates,
currencies, commodities, equity
securities or other equity instruments,
debt securities or other debt
instruments, quantitative measures
associated with an occurrence, extent
of an occurrence, or contingency
associated with a financial,
commercial, or economic consequence, or
economic or financial indices or
measures of economic or financial risk
or value;
``(III) any combination of
agreements or transactions referred to
in this clause;
``(IV) any option to enter into any
agreement or transaction referred to in
this clause;
``(V) a master agreement that
provides for an agreement or
transaction referred to in any of
subclauses (I) through (IV), together
with all supplements to any such master
agreement, without regard to whether
the master agreement contains an
agreement or transaction that is not a
swap agreement under this clause,
except that the master agreement shall
be considered to be a swap agreement
under this clause only with respect to
each agreement or transaction under the
master agreement that is referred to in
subclause (I), (II), (III), or (IV);
and
``(VI) any security agreement or
arrangement or other credit enhancement
related to any agreements or
transactions referred to in any of
subclauses (I) through (V), including
any guarantee or reimbursement
obligation in connection with any
agreement or transaction referred to in
any such subclause.
``(viii) Transfer.--The term `transfer'
means every mode, direct or indirect, absolute
or conditional, voluntary or involuntary, of
disposing of or parting with property or with
an interest in property, including retention of
title as a security interest and foreclosure of
the equity of redemption of a System
institution.
``(ix) Treatment of master agreement as 1
agreement.--For purposes of this subparagraph--
``(I) any master agreement for any
contract or agreement described in this
subparagraph (or any master agreement
for such a master agreement or
agreements), together with all
supplements to the master agreement,
shall be treated as a single agreement
and a single qualified financial
contact; and
``(II) if a master agreement
contains provisions relating to
agreements or transactions that are not
qualified financial contracts, the
master agreement shall be deemed to be
a qualified financial contract only
with respect to those transactions that
are themselves qualified financial
contracts.
``(B) Rights of parties to contracts.--Subject to
paragraphs (9) and (10), and notwithstanding any other
provision of this Act (other than subsection (b)(9) and
section 5.61(d)) or any other Federal or State law, no
person shall be stayed or prohibited from exercising--
``(i) any right such person has to cause
the termination, liquidation, or acceleration
of any qualified financial contract with a
System institution which arises upon the
appointment of the Corporation as receiver for
such System institution at any time after such
appointment;
``(ii) any right under any security
agreement or arrangement or other credit
enhancement related to one or more qualified
financial contracts described in clause (i); or
``(iii) any right to offset or net out any
termination value, payment amount, or other
transfer obligation arising under, or in
connection with, 1 or more contracts and
agreements described in clause (i), including
any master agreement for such contracts or
agreements.
``(C) Applicability of other provisions.--
Subsection (b)(12) shall apply in the case of any
judicial action or proceeding brought against any
receiver referred to in subparagraph (A), or the System
institution for which such receiver was appointed, by
any party to a contract or agreement described in
subparagraph (B)(i) with such System institution.
``(D) Certain transfers not avoidable.--
``(i) In general.--Notwithstanding
paragraph (11) or any other Federal or State
law relating to the avoidance of preferential
or fraudulent transfers, the Corporation,
whether acting as such or as conservator or
receiver of a System institution, may not avoid
any transfer of money or other property in
connection with any qualified financial
contract with a System institution.
``(ii) Exception for certain transfers.--
Clause (i) shall not apply to any transfer of
money or other property in connection with any
qualified financial contract with a System
institution if the Corporation determines that
the transferee had actual intent to hinder,
delay, or defraud such System institution, the
creditors of such System institution, or any
conservator or receiver appointed for such
System institution.
``(E) Certain protections in event of appointment
of conservator.--Notwithstanding any other provision of
this Act (other than subparagraph (G), paragraph (10),
subsection (b)(9), and section 5.61(d)) or any other
Federal or State law, no person shall be stayed or
prohibited from exercising--
``(i) any right such person has to cause
the termination, liquidation, or acceleration
of any qualified financial contract with a
System institution in a conservatorship based
upon a default under such financial contract
which is enforceable under applicable
noninsolvency law;
``(ii) any right under any security
agreement or arrangement or other credit
enhancement related to one or more qualified
financial contracts described in clause (i);
and
``(iii) any right to offset or net out any
termination values, payment amounts, or other
transfer obligations arising under or in
connection with such qualified financial
contracts.
``(F) Clarification.--No provision of law shall be
construed as limiting the right or power of the
Corporation, or authorizing any court or agency to
limit or delay, in any manner, the right or power of
the Corporation to transfer any qualified financial
contract in accordance with paragraphs (9) and (10) or
to disaffirm or repudiate any such contract in
accordance with paragraph (1).
``(G) Walkaway clauses not effective.--
``(i) Definition of walkaway clause.--In
this subparagraph, the term `walkaway clause'
means any provision in a qualified financial
contract that suspends, conditions, or
extinguishes a payment obligation of a party,
in whole or in part, or does not create a
payment obligation of a party that would
otherwise exist--
``(I) solely because of--
``(aa) the status of the
party as a nondefaulting party
in connection with the
insolvency of a System
institution that is a party to
the contract; or
``(bb) the appointment of,
or the exercise of rights or
powers by, the Corporation as a
conservator or receiver of the
System institution; and
``(II) not as a result of the
exercise by a party of any right to
offset, setoff, or net obligations that
exist under--
``(aa) the contract;
``(bb) any other contract
between those parties; or
``(cc) applicable law.
``(ii) Treatment.--Notwithstanding the
provisions of subparagraphs (B) and (E), no
walkaway clause shall be enforceable in a
qualified financial contract of a System
institution in default.
``(iii) Limited suspension of certain
obligations.--In the case of a qualified
financial contract referred to in clause (ii),
any payment or delivery obligations otherwise
due from a party pursuant to the qualified
financial contract shall be suspended from the
time the receiver is appointed until the
earlier of--
``(I) the time such party receives
notice that such contract has been
transferred pursuant to subparagraph
(B); or
``(II) 5:00 p.m. (eastern time) on
the business day following the date of
the appointment of the receiver.
``(H) Recordkeeping requirements.--The Corporation,
in consultation with the Farm Credit Administration,
may prescribe regulations requiring more detailed
recordkeeping by any System institution with respect to
qualified financial contracts (including market
valuations), only if such System institution is subject
to subclause (I), (III), or (IV) of section
5.61B(a)(1)(A)(ii).
``(9) Transfer of qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Clearing organization.--The term
`clearing organization' has the meaning given
the term in section 402 of the Federal Deposit
Insurance Corporation Improvement Act of 1991
(12 U.S.C. 4402).
``(ii) Financial institution.--The term
`financial institution' means a System
institution, a broker or dealer, a depository
institution, a futures commission merchant, or
any other institution, as determined by the
Corporation by regulation to be a financial
institution.
``(B) Requirement.--In making any transfer of
assets or liabilities of a System institution in
default which includes any qualified financial
contract, the conservator or receiver for such System
institution shall either--
``(i) transfer to one financial
institution, other than a financial institution
for which a conservator, receiver, trustee in
bankruptcy, or other legal custodian has been
appointed, or that is otherwise the subject of
a bankruptcy or insolvency proceeding--
``(I) all qualified financial
contracts between any person or any
affiliate of such person and the System
institution in default;
``(II) all claims of such person or
any affiliate of such person against
such System institution under any such
contract (other than any claim which,
under the terms of any such contract,
is subordinated to the claims of
general unsecured creditors of such
System institution);
``(III) all claims of such System
institution against such person or any
affiliate of such person under any such
contract; and
``(IV) all property securing or any
other credit enhancement for any
contract described in subclause (I) or
any claim described in subclause (II)
or (III) under any such contract; or
``(ii) transfer none of the qualified
financial contracts, claims, property or other
credit enhancement referred to in clause (i)
(with respect to such person and any affiliate
of such person).
``(C) Transfer to foreign bank, foreign financial
institution, or branch or agency of a foreign bank or
financial institution.--In transferring any qualified
financial contracts and related claims and property
under subparagraph (B)(i), the conservator or receiver
for the System institution shall not make such transfer
to a foreign bank, financial institution organized
under the laws of a foreign country, or a branch or
agency of a foreign bank or financial institution
unless, under the law applicable to such bank,
financial institution, branch or agency, to the
qualified financial contracts, and to any netting
contract, any security agreement or arrangement or
other credit enhancement related to one or more
qualified financial contracts, the contractual rights
of the parties to such qualified financial contracts,
netting contracts, security agreements or arrangements,
or other credit enhancements are enforceable
substantially to the same extent as permitted under
this section.
``(D) Transfer of contracts subject to the rules of
a clearing organization.--In the event that a
conservator or receiver transfers any qualified
financial contract and related claims, property, and
credit enhancements pursuant to subparagraph (B)(i) and
such contract is cleared by or subject to the rules of
a clearing organization, the clearing organization
shall not be required to accept the transferee as a
member by virtue of the transfer.
``(10) Notification of transfer.--
``(A) Definition of business day.--In this
paragraph, the term `business day' means any day other
than any Saturday, Sunday, or any day on which either
the New York Stock Exchange or the Federal Reserve Bank
of New York is closed.
``(B) Notification.--If--
``(i) the conservator or receiver for a
System institution in default makes any
transfer of the assets and liabilities of such
System institution; and
``(ii) the transfer includes any qualified
financial contract, the conservator or receiver
shall notify any person who is a party to any
such contract of such transfer by 5:00 p.m.
(eastern time) on the business day following
the date of the appointment of the receiver in
the case of a receivership, or the business day
following such transfer in the case of a
conservatorship.
``(C) Certain rights not enforceable.--
``(i) Receivership.--A person who is a
party to a qualified financial contract with a
System institution may not exercise any right
that such person has to terminate, liquidate,
or net such contract under paragraph (8)(B) of
this subsection, solely by reason of or
incidental to the appointment of a receiver for
the System institution (or the insolvency or
financial condition of the System institution
for which the receiver has been appointed)--
``(I) until 5:00 p.m. (eastern
time) on the business day following the
date of the appointment of the
receiver; or
``(II) after the person has
received notice that the contract has
been transferred pursuant to paragraph
(9)(B).
``(ii) Conservatorship.--A person who is a
party to a qualified financial contract with a
System institution may not exercise any right
that such person has to terminate, liquidate,
or net such contract under paragraph (8)(E) of
this subsection, solely by reason of or
incidental to the appointment of a conservator
for the System institution (or the insolvency
or financial condition of the System
institution for which the conservator has been
appointed).
``(iii) Notice.--For purposes of this
paragraph, the Corporation as receiver or
conservator of a System institution shall be
deemed to have notified a person who is a party
to a qualified financial contract with such
System institution if the Corporation has taken
steps reasonably calculated to provide notice
to such person by the time specified in
subparagraph (B).
``(D) Treatment of bridge system institutions.--The
following System institutions shall not be considered
to be a financial institution for which a conservator,
receiver, trustee in bankruptcy, or other legal
custodian has been appointed or which is otherwise the
subject of a bankruptcy or insolvency proceeding for
purposes of paragraph (9):
``(i) A bridge System bank.
``(ii) A System institution organized by
the Corporation or the Farm Credit
Administration, for which a conservator is
appointed either--
``(I) immediately upon the
organization of the System institution;
or
``(II) at the time of a purchase
and assumption transaction between the
System institution and the Corporation
as receiver for a System institution in
default.
``(11) Disaffirmance or repudiation of qualified financial
contracts.--In exercising the rights of disaffirmance or
repudiation of a conservator or receiver with respect to any
qualified financial contract to which a System institution is a
party, the conservator or receiver for such System institution
shall either--
``(A) disaffirm or repudiate all qualified
financial contracts between--
``(i) any person or any affiliate of such
person; and
``(ii) the System institution in default;
or
``(B) disaffirm or repudiate none of the qualified
financial contracts referred to in subparagraph (A)
(with respect to such person or any affiliate of such
person).
``(12) Certain security interests not avoidable.--No
provision of this subsection shall be construed as permitting
the avoidance of any legally enforceable or perfected security
interest in any of the assets of any System institution except
where such an interest is taken in contemplation of the System
institution's insolvency or with the intent to hinder, delay,
or defraud the System institution or the creditors of such
System institution.
``(13) Authority to enforce contracts.--
``(A) In general.--The conservator or receiver may
enforce any contract, other than a director's or
officer's liability insurance contract or a System
institution bond, entered into by the System
institution notwithstanding any provision of the
contract providing for termination, default,
acceleration, or exercise of rights upon, or solely by
reason of, insolvency or the appointment of or the
exercise of rights or powers by a conservator or
receiver.
``(B) Certain rights not affected.--No provision of
this paragraph may be construed as impairing or
affecting any right of the conservator or receiver to
enforce or recover under a director's or officer's
liability insurance contract or institution bond under
other applicable law.
``(C) Consent requirement.--
``(i) In general.--Except as otherwise
provided by this section, no person may
exercise any right or power to terminate,
accelerate, or declare a default under any
contract to which the System institution is a
party, or to obtain possession of or exercise
control over any property of the System
institution or affect any contractual rights of
the System institution, without the consent of
the conservator or receiver, as appropriate,
during the 45-day period beginning on the date
of the appointment of the conservator, or
during the 90-day period beginning on the date
of the appointment of the receiver, as
applicable.
``(ii) Certain exceptions.--No provision of
this subparagraph shall apply to a director or
officer liability insurance contract or an
institution bond, to the rights of parties to
certain qualified financial contracts pursuant
to paragraph (8), or shall be construed as
permitting the conservator or receiver to fail
to comply with otherwise enforceable provisions
of such contract.
``(14) Exception for federal reserve and the united states
treasury.--No provision of this subsection shall apply with
respect to--
``(A) any extension of credit from any Federal
Reserve bank or the United States Treasury to any
System institution; or
``(B) any security interest in the assets of the
System institution securing any such extension of
credit.
``(15) Savings clause.--The meanings of terms used in this
subsection--
``(A) are applicable for purposes of this
subsection only; and
``(B) shall not be construed or applied so as to
challenge or affect the characterization, definition,
or treatment of any similar terms under any other law,
regulation, or rule, including--
``(i) the Gramm-Leach-Bliley Act (12 U.S.C.
1811 note; Public Law 106-102);
``(ii) the Legal Certainty for Bank
Products Act of 2000 (7 U.S.C. 27 et seq.);
``(iii) the securities laws (as that term
is defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a))); and
``(iv) the Commodity Exchange Act (7 U.S.C.
1 et seq.).
``(d) Valuation of Claims in Default.--
``(1) In general.--Notwithstanding any other provision of
Federal law or the law of any State and regardless of the
method which the Corporation determines to utilize with respect
to a System institution in default or in danger of default,
including transactions authorized under subsection (h) and
section 5.61(a), this subsection shall govern the rights of the
creditors of such System institution.
``(2) Maximum liability.--The maximum liability of the
Corporation, acting as receiver or in any other capacity, to
any person having a claim against the receiver or the System
institution for which such receiver is appointed shall equal
the amount such claimant would have received if the Corporation
had liquidated the assets and liabilities of such System
institution without exercising the Corporation's authority
under subsection (h) or section 5.61(a).
``(3) Additional payments authorized.--
``(A) In general.--The Corporation may, in its
discretion and in the interests of minimizing its
losses, use its own resources to make additional
payments or credit additional amounts to or with
respect to or for the account of any claimant or
category of claimants. Notwithstanding any other
provision of Federal or State law, or the constitution
of any State, the Corporation shall not be obligated,
as a result of having made any such payment or credited
any such amount to or with respect to or for the
account of any claimant or category of claimants, to
make payments to any other claimant or category of
claimants.
``(B) Manner of payment.--The Corporation may make
the payments or credit the amounts specified in
subparagraph (A) directly to the claimants or may make
such payments or credit such amounts to an open System
institution to induce such System institution to accept
liability for such claims.
``(e) Limitation on Court Action.--Except as provided in this
section, no court may take any action, except at the written request of
the Board of Directors, to restrain or affect the exercise of powers or
functions of the Corporation as a conservator or a receiver.
``(f) Liability of Directors and Officers.--
``(1) In general.--A director or officer of a System
institution may be held personally liable for monetary damages
in any civil action--
``(A) brought by, on behalf of, or at the request
or direction of the Corporation;
``(B) prosecuted wholly or partially for the
benefit of the Corporation--
``(i) acting as conservator or receiver of
that System institution;
``(ii) acting based on a suit, claim, or
cause of action purchased from, assigned by, or
otherwise conveyed by that receiver or
conservator; or
``(iii) acting based on a suit, claim, or
cause of action purchased from, assigned by, or
otherwise conveyed in whole or in part by a
System institution or an affiliate of a System
institution in connection with assistance
provided under section 5.61(a); and
``(C) for, as determined under the applicable State
law--
``(i) gross negligence; or
``(ii) any similar conduct, including
conduct that demonstrates a greater disregard
of a duty of care than gross negligence, such
as intentional tortious conduct.
``(2) Effect.--Nothing in paragraph (1) impairs or affects
any right of the Corporation under any other applicable law.
``(g) Damages.--In any proceeding related to any claim against a
System institution's director, officer, employee, agent, attorney,
accountant, appraiser, or any other party employed by or providing
services to a System institution, recoverable damages determined to
result from the improvident or otherwise improper use or investment of
any System institution's assets shall include principal losses and
appropriate interest.
``(h) Bridge Farm Credit System Banks.--
``(1) Organization.--
``(A) Purpose.--
``(i) In general.--When 1 or more System
banks are in default, or when the Corporation
anticipates that 1 or more System banks may
become in default, the Corporation may, in its
discretion, organize, and the Farm Credit
Administration may, in its discretion, charter,
1 or more System banks, with the powers and
attributes of System banks, subject to the
provisions of this subsection, to be referred
to as `bridge System banks'.
``(ii) Intent of congress.--It is the
intent of the Congress that, in order to
prevent unnecessary hardship or losses to the
customers of any System bank in default with
respect to which a bridge System bank is
chartered, the Corporation should--
``(I) continue to honor commitments
made by the System bank in default to
creditworthy customers; and
``(II) not interrupt or terminate
adequately secured loans which are
transferred under this subsection and
are being repaid by the debtor in
accordance with the terms of the loan
instrument.
``(B) Authorities.--Once chartered by the Farm
Credit Administration, the bridge System bank may--
``(i) assume such liabilities of the System
bank or banks in default or in danger of
default as the Corporation may, in its
discretion, determine to be appropriate;
``(ii) purchase such assets of the System
bank or banks in default or in danger of
default as the Corporation may, in its
discretion, determine to be appropriate; and
``(iii) perform any other temporary
function which the Corporation may, in its
discretion, prescribe in accordance with this
Act.
``(C) Articles of association.--The articles of
association and organization certificate of a bridge
System bank as approved by the Corporation shall be
executed by 3 representatives designated by the
Corporation.
``(D) Interim directors.--A bridge System bank
shall have an interim board of directors consisting of
not fewer than 5 nor more than 10 members appointed by
the Corporation.
``(2) Chartering.--
``(A) Conditions.--The Farm Credit Administration
may charter a bridge System bank only if the Board of
Directors determines that--
``(i) the amount which is reasonably
necessary to operate such bridge System bank
will not exceed the amount which is reasonably
necessary to save the cost of liquidating 1 or
more System banks in default or in danger of
default with respect to which the bridge System
bank is chartered;
``(ii) the continued operation of such
System bank or banks in default or in danger of
default with respect to which the bridge System
bank is chartered is essential to provide
adequate farm credit services in the 1 or more
communities where each such System bank in
default or in danger of default is or was
providing those farm credit services; or
``(iii) the continued operation of such
System bank or banks in default or in danger of
default with respect to which the bridge System
bank is chartered is in the best interest of
the Farm Credit System or the public.
``(B) Bridge system bank treated as being in
default for certain purposes.--A bridge System bank
shall be treated as being in default at such times and
for such purposes as the Corporation may, in its
discretion, determine.
``(C) Management.--A bridge System bank, upon the
granting of its charter, shall be under the management
of a board of directors consisting of not fewer than 5
nor more than 10 members appointed by the Corporation,
in consultation with the Farm Credit Administration.
``(D) Bylaws.--The board of directors of a bridge
System bank shall adopt such bylaws as may be approved
by the Corporation.
``(3) Transfer of assets and liabilities.--
``(A) Transfer upon grant of charter.--Upon the
granting of a charter to a bridge System bank pursuant
to this subsection, the Corporation, as receiver, may
transfer any assets and liabilities of the System bank
to the bridge System bank in accordance with paragraph
(1).
``(B) Subsequent transfers.--At any time after a
charter is granted to a bridge System bank, the
Corporation, as receiver, may transfer any assets and
liabilities of such System bank in default as the
Corporation may, in its discretion, determine to be
appropriate in accordance with paragraph (1).
``(C) Effective without approval.--The transfer of
any assets or liabilities of a System bank in default
or danger of default transferred to a bridge System
bank shall be effective without any further approval
under Federal or State law, assignment, or consent with
respect thereto.
``(4) Powers of bridge system banks.--Each bridge System
bank chartered under this subsection shall, to the extent
described in the charter of the System bank in default with
respect to which the bridge System bank is chartered, have all
corporate powers of, and be subject to the same provisions of
law as, any System bank, except that--
``(A) the Corporation may--
``(i) remove the interim directors and
directors of a bridge System bank;
``(ii) fix the compensation of members of
the interim board of directors and the board of
directors and senior management, as determined
by the Corporation in its discretion, of a
bridge System bank; and
``(iii) waive any requirement established
under Federal or State law which would
otherwise be applicable with respect to
directors of a bridge System bank, on the
condition that the waiver of any requirement
established by the Farm Credit Administration
shall require the concurrence of the Farm
Credit Administration;
``(B) the Corporation may indemnify the
representatives for purposes of paragraph (1)(B) and
the interim directors, directors, officers, employees,
and agents of a bridge System bank on such terms as the
Corporation determines to be appropriate;
``(C) no requirement under any provision of law
relating to the capital of a System institution shall
apply with respect to a bridge System bank;
``(D) the Farm Credit Administration Board may
establish a limitation on the extent to which any
person may become indebted to a bridge System bank
without regard to the amount of the bridge System
bank's capital or surplus;
``(E)(i) the board of directors of a bridge System
bank shall elect a chairperson who may also serve in
the position of chief executive officer, except that
such person shall not serve either as chairperson or as
chief executive officer without the prior approval of
the Corporation; and
``(ii) the board of directors of a bridge System
bank may appoint a chief executive officer who is not
also the chairperson, except that such person shall not
serve as chief executive officer without the prior
approval of the Corporation;
``(F) the Farm Credit Administration may waive any
requirement for a fidelity bond with respect to a
bridge System bank at the request of the Corporation;
``(G) any judicial action to which a bridge System
bank becomes a party by virtue of its acquisition of
any assets or assumption of any liabilities of a System
bank in default shall be stayed from further
proceedings for a period of up to 45 days at the
request of the bridge System bank;
``(H) no agreement which tends to diminish or
defeat the right, title or interest of a bridge System
bank in any asset of a System bank in default acquired
by it shall be valid against the bridge System bank
unless such agreement--
``(i) is in writing;
``(ii) was executed by such System bank in
default and the person or persons claiming an
adverse interest thereunder, including the
obligor, contemporaneously with the acquisition
of the asset by such System bank in default;
``(iii) was approved by the board of
directors of such System bank in default or its
loan committee, which approval shall be
reflected in the minutes of said board or
committee; and
``(iv) has been, continuously from the time
of its execution, an official record of such
System bank in default;
``(I) notwithstanding subsection 5.61(d)(2), any
agreement relating to an extension of credit between a
System bank, Federal Reserve bank, or the United States
Treasury and any System institution which was executed
before the extension of credit by such lender to such
System institution shall be treated as having been
executed contemporaneously with such extension of
credit for purposes of subparagraph (H); and
``(J) except with the prior approval of the
Corporation and the concurrence of the Farm Credit
Administration, a bridge System bank may not, in any
transaction or series of transactions, issue capital
stock or be a party to any merger, consolidation,
disposition of substantially all of the assets or
liabilities of the bridge System bank, sale or exchange
of capital stock, or similar transaction, or change its
charter.
``(5) Capital.--
``(A) No capital required.--The Corporation shall
not be required to--
``(i) issue any capital stock on behalf of
a bridge System bank chartered under this
subsection; or
``(ii) purchase any capital stock of a
bridge System bank, except that notwithstanding
any other provision of Federal or State law,
the Corporation may purchase and retain capital
stock of a bridge System bank in such amounts
and on such terms as the Corporation, in its
discretion, determines to be appropriate.
``(B) Operating funds in lieu of capital.--Upon the
organization of a bridge System bank, and thereafter,
as the Corporation may, in its discretion, determine to
be necessary or advisable, the Corporation may make
available to the bridge System bank, upon such terms
and conditions and in such form and amounts as the
Corporation may in its discretion determine, funds for
the operation of the bridge System bank in lieu of
capital.
``(C) Authority to issue capital stock.--Whenever
the Farm Credit Administration Board determines it is
advisable to do so, the Corporation shall cause capital
stock of a bridge System bank to be issued and offered
for sale in such amounts and on such terms and
conditions as the Corporation may, in its discretion,
determine.
``(6) Employee status.--Representatives for purposes of
paragraph (1)(C), interim directors, directors, officers,
employees, or agents of a bridge System bank are not, solely by
virtue of service in any such capacity, officers or employees
of the United States. Any employee of the Corporation, the Farm
Credit Administration, or any Federal instrumentality who
serves at the request of the Corporation as a representative
for purposes of paragraph (1)(C), interim director, director,
officer, employee, or agent of a bridge System bank shall not--
``(A) solely by virtue of service in any such
capacity lose any existing status as an officer or
employee of the United States for purposes of any
provision of law; or
``(B) receive any salary or benefits for service in
any such capacity with respect to a bridge System bank
in addition to such salary or benefits as are obtained
through employment with the Corporation or such Federal
instrumentality.
``(7) Assistance authorized.--The Corporation may, in its
discretion, provide assistance under section 5.61(a) to
facilitate any merger or consolidation of a bridge System bank
in the same manner and to the same extent as such assistance
may be provided to a qualifying insured System bank (as defined
in section 5.61(a)(2)(B)) or to facilitate a bridge System
bank's acquisition of any assets or the assumption of any
liabilities of a System bank in default or in danger of
default.
``(8) Duration of bridge system banks.--Subject to
paragraphs (10) and (11), the status of a bridge System bank as
such shall terminate at the end of the 2-year period following
the date it was granted a charter. The Farm Credit
Administration Board may, in its discretion, extend the status
of the bridge System bank as such for 3 additional 1-year
periods.
``(9) Termination of bridge system banks status.--The
status of any bridge System bank as such shall terminate upon
the earliest of--
``(A) the merger or consolidation of the bridge
System bank with a System institution that is not a
bridge System bank, on the condition that the merger or
consolidation shall be subject to the approval of the
Farm Credit Administration;
``(B) at the election of the Corporation and with
the approval of the Farm Credit Administration, the
sale of a majority or all of the capital stock of the
bridge System bank to a System institution or another
bridge System bank;
``(C) at the election of the Corporation, and with
the approval of the Farm Credit Administration, either
the assumption of all or substantially all of the
liabilities of the bridge System bank, or the
acquisition of all or substantially all of the assets
of the bridge System bank, by a System institution that
is not a bridge System bank or other entity as
permitted under applicable law; and
``(D) the expiration of the period provided in
paragraph (8), or the earlier dissolution of the bridge
System bank as provided in paragraph (11).
``(10) Effect of termination events.--
``(A) Merger or consolidation.--A bridge System
bank that participates in a merger or consolidation as
provided in paragraph (9)(A) shall be for all purposes
a System institution, with all the rights, powers, and
privileges thereof, and such merger or consolidation
shall be conducted in accordance with, and shall have
the effect provided in, the provisions of applicable
law.
``(B) Charter conversion.--Following the sale of a
majority or all of the capital stock of the bridge
System bank as provided in paragraph (9)(B), the Farm
Credit Administration Board may amend the charter of
the bridge System bank to reflect the termination of
the status of the bridge System bank as such, whereupon
the System bank shall remain a System bank, with all of
the rights, powers, and privileges thereof, subject to
all laws and regulations applicable thereto.
``(C) Assumption of liabilities and sale of
assets.--Following the assumption of all or
substantially all of the liabilities of the bridge
System bank, or the sale of all or substantially all of
the assets of the bridge System bank, as provided in
paragraph (9)(C), at the election of the Corporation,
the bridge System bank may retain its status as such
for the period provided in paragraph (8).
``(D) Amendments to charter.--Following the
consummation of a transaction described in subparagraph
(A), (B), or (C) of paragraph (9), the charter of the
resulting System institution shall be amended by the
Farm Credit Administration to reflect the termination
of bridge System bank status, if appropriate.
``(11) Dissolution of bridge system bank.--
``(A) In general.--Notwithstanding any other
provision of State or Federal law, if the bridge System
bank's status as such has not previously been
terminated by the occurrence of an event specified in
subparagraph (A), (B), or (C) of paragraph (9)--
``(i) the Corporation, after consultation
with the Farm Credit Administration, may, in
its discretion, dissolve a bridge System bank
in accordance with this paragraph at any time;
and
``(ii) the Corporation, after consultation
with the Farm Credit Administration, shall
promptly commence dissolution proceedings in
accordance with this paragraph upon the
expiration of the 2-year period following the
date the bridge System bank was chartered, or
any extension thereof, as provided in paragraph
(8).
``(B) Procedures.--The Farm Credit Administration
Board shall appoint the Corporation as receiver for a
bridge System bank upon determining to dissolve the
bridge System bank. The Corporation as such receiver
shall wind up the affairs of the bridge System bank in
conformity with the provisions of law relating to the
liquidation of closed System banks. With respect to any
such bridge System bank, the Corporation as such
receiver shall have all the rights, powers, and
privileges and shall perform the duties related to the
exercise of such rights, powers, or privileges granted
by law to a receiver of any insured System bank and,
notwithstanding any other provision of law in the
exercise of such rights, powers, and privileges, the
Corporation shall not be subject to the direction or
supervision of any State agency or other Federal
agency.
``(12) Multiple bridge system banks.--The Corporation may,
in the Corporation's discretion, organize, and the Farm Credit
Administration may, in its discretion, charter, 2 or more
bridge System banks under this subsection to assume any
liabilities and purchase any assets of a single System
institution in default.
``(i) Certain Sales of Assets Prohibited.--
``(1) Persons who engaged in improper conduct with, or
caused losses to, system institutions.--The Corporation shall
prescribe regulations which, at a minimum, shall prohibit the
sale of assets of a failed System institution by the
Corporation to--
``(A) any person who--
``(i) has defaulted, or was a member of a
partnership or an officer or director of a
corporation that has defaulted, on 1 or more
obligations the aggregate amount of which
exceed $1,000,000, to such failed System
institution;
``(ii) has been found to have engaged in
fraudulent activity in connection with any
obligation referred to in clause (i); and
``(iii) proposes to purchase any such asset
in whole or in part through the use of the
proceeds of a loan or advance of credit from
the Corporation or from any System institution
for which the Corporation has been appointed as
conservator or receiver;
``(B) any person who participated, as an officer or
director of such failed System institution or of any
affiliate of such System institution, in a material way
in transactions that resulted in a substantial loss to
such failed System institution;
``(C) any person who has been removed from, or
prohibited from participating in the affairs of, such
failed System institution pursuant to any final
enforcement action by the Farm Credit Administration;
``(D) any person who has demonstrated a pattern or
practice of defalcation regarding obligations to such
failed System institution; or
``(E) any person who is in default on any loan or
other extension of credit from such failed System
institution which, if not paid, will cause substantial
loss to the System institution or the Corporation.
``(2) Defaulted debtors.--Except as provided in paragraph
(3), any person who is in default on any loan or other
extension of credit from the System institution, which, if not
paid, will cause substantial loss to the System institution or
the Corporation, may not purchase any asset from the
conservator or receiver.
``(3) Settlement of claims.--Paragraph (1) shall not apply
to the sale or transfer by the Corporation of any asset of any
System institution to any person if the sale or transfer of the
asset resolves or settles, or is part of the resolution or
settlement, of--
``(A) 1 or more claims that have been, or could
have been, asserted by the Corporation against the
person; or
``(B) obligations owed by the person to any System
institution, or the Corporation.
``(4) Definition of default.--For purposes of this
subsection, the term `default' means a failure to comply with
the terms of a loan or other obligation to such an extent that
the property securing the obligation is foreclosed upon.
``(j) Expedited Procedures for Certain Claims.--
``(1) Time for filing notice of appeal.--The notice of
appeal of any order, whether interlocutory or final, entered in
any case brought by the Corporation against a System
institution's director, officer, employee, agent, attorney,
accountant, or appraiser or any other person employed by or
providing services to a System institution shall be filed not
later than 30 days after the date of entry of the order. The
hearing of the appeal shall be held not later than 120 days
after the date of the notice of appeal. The appeal shall be
decided not later than 180 days after the date of the notice of
appeal.
``(2) Scheduling.--A court of the United States shall
expedite the consideration of any case brought by the
Corporation against a System institution's director, officer,
employee, agent, attorney, accountant, or appraiser or any
other person employed by or providing services to a System
institution. As far as practicable the court shall give such
case priority on its docket.
``(3) Judicial discretion.--The court may modify the
schedule and limitations stated in paragraphs (1) and (2) in a
particular case, based on a specific finding that the ends of
justice that would be served by making such a modification
would outweigh the best interest of the public in having the
case resolved expeditiously.
``(k) Bond Not Required; Agents; Fee.--The Corporation as
conservator or receiver of a System institution shall not be required
to furnish bond and may appoint an agent or agents to assist in its
duties as such conservator or receiver. All fees, compensation, and
expenses of liquidation and administration shall be fixed by the
Corporation and may be paid by it out of funds coming into its
possession as such conservator or receiver.
``(l) Consultation Regarding Conservatorships and Receiverships.--
To the extent practicable--
``(1) the Farm Credit Administration shall consult with the
Corporation prior to taking a preresolution action concerning a
System institution that may result in a conservatorship or
receivership; and
``(2) the Corporation, acting in the capacity of the
Corporation as a conservator or receiver, shall consult with
the Farm Credit Administration prior to taking any significant
action impacting System institutions or service to System
borrowers.
``(m) Applicability.--This section shall become applicable with
respect to the power of the Corporation to act as a conservator or
receiver on the date on which the Farm Credit Administration appoints
the Corporation as a conservator or receiver under section 4.12 or
8.41.''.
SEC. 5409. REPORTING.
(a) Definition of Farm Loan.--In this section, the term ``farm
loan'' means--
(1) a farm ownership loan under subtitle A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et
seq.); and
(2) an operating loan under subtitle B of that Act (7
U.S.C. 1941 et seq.).
(b) Reports.--
(1) Preparation.--For each fiscal year, the Secretary shall
prepare a report that includes--
(A) aggregate data based on a review of each
outstanding farm loan made or guaranteed by the
Secretary describing, for the United States and for
each State and county in the United States--
(i) the age of the recipient producer;
(ii) the duration that the recipient
producer has engaged in agricultural
production;
(iii) the size of the farm or ranch of the
recipient producer;
(iv) the race, ethnicity, and gender of the
recipient producer;
(v) the agricultural commodity or
commodities, or type of enterprise, for which
the loan was secured;
(vi) the amount of the farm loan made or
guaranteed;
(vii) the type of the farm loan made or
guaranteed; and
(viii) the default rate of the farm loan
made or guaranteed;
(B) for each State and county in the United States,
data demonstrating the number of outstanding farm loans
made or guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or
guaranteed as measured against target participation
rates for beginning and socially disadvantaged farmers,
broken down by State, as described in sections
346(b)(2) and 355 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2), 2003).
(2) Submission of report.--The report described in
paragraph (1) shall be--
(A) submitted--
(i) to--
(I) the Committee on Agriculture of
the House of Representatives;
(II) the Committee on
Appropriations of the House of
Representatives;
(III) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
and
(IV) the Committee on
Appropriations of the Senate; and
(ii) not later than December 30, 2018, and
annually thereafter; and
(B) made publically available not later than 90
days after the date described in subparagraph (A)(ii).
(c) Comprehensive Review.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act (and every 5 years thereafter), the
Secretary shall--
(A) prepare a comprehensive review of all reports
submitted under subsection (b)(2);
(B) identify trends within data outlined in
subsection (b)(1), including the extent to which target
annual participation rates for beginning and socially
disadvantaged farmers (as defined by the Secretary) are
being met for each loan type; and
(C) provide specific actions the Department will
take to improve the performance of direct and
guaranteed loans with respect to underserved producers
and any recommendations the Secretary may make for
further congressional action.
(2) Submission of comprehensive review.--The comprehensive
review described in paragraph (1) shall be--
(A) submitted to--
(i) the Committee on Agriculture of the
House of Representatives;
(ii) the Committee on Appropriations of the
House of Representatives;
(iii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
(iv) the Committee on Appropriations of the
Senate; and
(B) made publicly available not later than 90 days
after the date of submission under subparagraph (A).
(d) Privacy.--In preparing any report or review under this section,
the Secretary shall aggregate or de-identify the data in a manner
sufficient to ensure that the identity of a recipient producer
associated with the data cannot be ascertained.
SEC. 5410. SENSE OF THE SENATE.
It is the sense of the Senate that --
(1) sections 346 and 355 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994, 2003) reserve amounts to
incentivize participation in Farm Service Agency loan programs
for qualified beginning farmers and ranchers and socially
disadvantaged farmers;
(2) under current law--
(A) for direct loans, 75 percent of the funding for
farm ownership loans and 50 percent of operating loans
are reserved for the first 11 months of the fiscal
year; and
(B) for guaranteed loans, 40 percent of available
funding is reserved for ownership loans and farm
operating loans for the first \1/2\ of the fiscal year;
and
(3) all participants of the Farm Service Agency loan
programs should strive to encourage beginning farmers and
ranchers and socially disadvantaged farmers to use Farm Service
Agency loans.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
SEC. 6101. 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 ``2018'' and inserting
``2023''.
SEC. 6102. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE AND TRAINING
PROGRAMS.
Section 306(a)(14) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(14)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) identify options to enhance the
long-term sustainability of rural water and
waste systems, including operational practices,
revenue enhancements, policy revisions,
partnerships, consolidation, regionalization,
or contract services.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Selection priority.--In selecting recipients
of grants to be made under subparagraph (A), the
Secretary shall give priority to--
``(i) private nonprofit organizations that
have experience in providing the technical
assistance and training described in
subparagraph (A) to associations serving rural
areas in which residents have low income and in
which water supply systems or waste facilities
are unhealthful; and
``(ii) recipients that will provide
technical assistance and training programs to
address the contamination of drinking water and
surface water supplies by emerging
contaminants, including per- and
polyfluoroalkyl substances and
perfluorooctanoic acid.''; and
(3) in subparagraph (C)--
(A) by striking ``1 nor more than 3'' and inserting
``3 percent and not more than 5''; and
(B) by striking ``1 per centum'' and inserting ``3
percent''.
SEC. 6103. 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 each fiscal year thereafter''
and inserting ``$25,000,000 for each of fiscal years 2019 through
2023''.
SEC. 6104. 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
``2018'' and inserting ``2023''.
SEC. 6105. COMMUNITY FACILITIES DIRECT LOANS AND GRANTS FOR SUBSTANCE
USE DISORDER TREATMENT SERVICES.
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) Direct loans and grants for substance use disorder
treatment services.--
``(A) Selection priority.--In selecting recipients
of loans or grants (not including loans guaranteed by
the Secretary) 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
substance use disorder (including opioid
substance use disorder)--
``(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 with substance
use disorders.
``(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 telehealth services
for substance use disorder treatment.''.
SEC. 6106. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926a) is amended--
(1) in subsection (b)(1), by striking ``; and'' and
inserting the following: ``, particularly to projects to
address contamination that--
``(A) poses a threat to human health or the
environment; and
``(B) was caused by circumstances beyond the
control of the applicant for a grant, including
circumstances that occurred over a period of time;
and'';
(2) in subsection (f)(1), by striking ``$500,000'' and
inserting ``$1,000,000'';
(3) by redesignating subsection (i) as subsection (j);
(4) by inserting after subsection (h) the following:
``(i) Interagency Task Force on Rural Water Quality.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall coordinate and chair an interagency task force
to examine drinking water and surface water contamination in
rural communities, particularly rural communities that are in
close proximity to active or decommissioned military
installations in the United States.
``(2) Membership.--The interagency task force shall consist
of--
``(A) the Secretary;
``(B) the Secretary of the Army, acting through the
Chief of Engineers;
``(C) the Secretary of Health and Human Services,
acting through--
``(i) the Director of the Agency for Toxic
Substances and Disease Registry; and
``(ii) the Director of the Centers for
Disease Control and Prevention;
``(D) the Secretary of Housing and Urban
Development;
``(E) the Secretary of the Interior, acting
through--
``(i) the Director of the United States
Fish and Wildlife Service; and
``(ii) the Director of the United States
Geological Survey;
``(F) the Administrator of the Environmental
Protection Agency; and
``(G) representatives from rural drinking and
wastewater entities, State and community regulators,
and appropriate scientific experts that reflect a
diverse cross-section of the rural communities
described in paragraph (1).
``(3) Report.--
``(A) In general.--Not later than 360 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the task force shall submit to the
committees described in subparagraph (B) a report
that--
``(i) examines, and identifies issues
relating to, water contamination in rural
communities, particularly rural communities
that are in close proximity to active or
decommissioned military installations in the
United States;
``(ii) reviews the extent to which Federal,
State, and local government agencies coordinate
with one another to address the issues
identified under clause (i);
``(iii) recommends how Federal, State, and
local government agencies can work together in
the most effective, efficient, and cost-
effective manner practicable, to address the
issues identified under clause (i); and
``(iv) recommends changes to existing
statutory requirements, regulatory
requirements, or both, to improve interagency
coordination and responsiveness to address the
issues identified under clause (i).
``(B) Committees described.--The committees
referred to in subparagraph (A) are--
``(i) the Committee on Agriculture of the
House of Representatives;
``(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
``(iii) the Committee on Energy and
Commerce of the House of Representatives;
``(iv) the Committee on Environment and
Public Works of the Senate;
``(v) the Committee on Armed Services of
the House of Representatives; and
``(vi) the Committee on Armed Services of
the Senate.''; and
(5) in subsection (j) (as so redesignated)--
(A) in paragraph (1)(A), by striking ``3 nor more
than 5'' and inserting ``5 percent and not more than
7''; and
(B) in paragraph (2), by striking ``$35,000,000 for
each of fiscal years 2008 through 2018'' and inserting
``$50,000,000 for each of fiscal years 2019 through
2023''.
SEC. 6107. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
Section 306D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926d) is amended--
(1) in subsection (a), by striking ``Alaska for'' and
inserting ``Alaska, a consortium formed pursuant to section 325
of the Department of the Interior and Related Agencies
Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1597),
and Native villages (as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)) for'';
(2) in subsection (b), by inserting ``for any grant awarded
under subsection (a)'' before the period at the end; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``2018'' and
inserting ``2023''; and
(B) in paragraph (2), by striking ``Alaska'' and
inserting ``Alaska, and not more than 2 percent of the
amount made available under paragraph (1) for a fiscal
year may be used by a consortium formed pursuant to
section 325 of the Department of the Interior and
Related Agencies Appropriations Act, 1998 (Public Law
105-83; 111 Stat. 1597),''.
SEC. 6108. RURAL DECENTRALIZED WATER SYSTEMS.
Section 306E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e) is amended--
(1) by striking the section heading and inserting ``rural
decentralized water systems'';
(2) in subsection (a), by striking ``100'' and inserting
``60'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``and subgrants'' after
``loans''; and
(ii) by inserting ``and individually owned
household decentralized wastewater systems''
after ``well systems'';
(B) by striking paragraph (2) and inserting the
following:
``(2) Terms and amounts.--
``(A) Terms of loans.--A loan made with grant funds
under this section--
``(i) shall have an interest rate of 1
percent; and
``(ii) shall have a term not to exceed 20
years.
``(B) Amounts.--A loan or subgrant made with grant
funds under this section shall not exceed $15,000 for
each water well system or decentralized wastewater
system described in paragraph (1).''; and
(C) by adding at the end the following:
``(4) Ground well water contamination.--In the event of
ground well water contamination, the Secretary shall allow a
loan or subgrant to be made with grant funds under this section
for the installation of water treatment where needed beyond the
point of entry, with or without the installation of a new water
well system.'';
(4) in subsection (c), by striking ``productive use of
individually-owned household water well systems'' and inserting
``effective use of individually owned household water well
systems, individually owned household decentralized wastewater
systems,''; and
(5) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$40,000,000''; and
(B) by striking ``2014 through 2018'' and inserting
``2019 through 2023''.
SEC. 6109. 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. 6110. 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. 6111. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(e)) is amended--
(1) in paragraph (10), by inserting ``(including research
and analysis based on data from the latest available Economic
Census conducted by the Bureau of the Census)'' after ``conduct
research''; and
(2) in paragraph (13), by striking ``2018'' and inserting
``2023''.
SEC. 6112. 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. 6113. 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. 6114. 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. 6115. INTEMEDIARY RELENDING PROGRAM.
Section 310H of the Consolidated Farm and Rural Development Act (7
U.S.C. 1936b) is amended--
(1) by redesignating subsection (e) as subsection (i);
(2) by inserting after subsection (d) the following:
``(e) Limitation on Loan Amounts.--The maximum amount of a loan by
an eligible entity described in subsection (b) to individuals and
entities for a project under subsection (c), including the unpaid
balance of any existing loans, shall be the lesser of--
``(1) $400,000; and
``(2) 50 percent of the loan to the eligible entity under
subsection (a).
``(f) Applications.--
``(1) In general.--To be eligible to receive a loan or loan
guarantee under subsection (a), an eligible entity described in
subsection (b) shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
``(2) Evaluation.--In evaluating applications submitted
under paragraph (1), the Secretary shall--
``(A)(i) take into consideration the previous
performance of an eligible entity in carrying out
projects under subsection (c); and
``(ii) in the case of satisfactory performance
under clause (i), require the eligible entity to
contribute less equity for subsequent loans without
modifying the priority given to subsequent
applications; and
``(B) in assigning priorities to applications,
require an eligible entity to demonstrate that it has a
governing or advisory board made up of business, civic,
and community leaders who are representative of the
communities of the service area, without limitation to
the size of the service area.
``(g) Return of Equity.--The Secretary shall establish a schedule
that is consistent with the amortization schedules of the portfolio of
loans made or guaranteed under subsection (a) for the return of any
equity contribution made under this section by an eligible entity
described in subsection (b), if the eligible entity is--
``(1) current on all principal and interest payments; and
``(2) in compliance with loan covenants.
``(h) Regulations.--The Secretary shall promulgate regulations and
establish procedures reducing the administrative requirements on
eligible entities described in subsection (b), including regulations to
carry out the amendments made to this section by the Agriculture
Improvement Act of 2018.''; and
(3) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6116. SINGLE APPLICATION FOR BROADBAND.
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) Single Application for Broadband.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
notwithstanding any other provision of law, broadband
facilities and broadband service (as defined in section 601(b)
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)),
may be funded as an incidental part of any grant, loan, or loan
guarantee provided under this title or any other provision of
law administered by the Secretary, acting through the rural
development mission area.
``(2) Limitation.--Except as otherwise authorized by an Act
of Congress, funding under paragraph (1) shall not constitute
more than 10 percent of any loan for a fiscal year for any
program under this title or any other provision of law
administered by the Secretary, acting through the rural
development mission area.
``(3) Competitive harm.--The Secretary shall not provide
funding under paragraph (1) if the funding would result in
competitive harm to any existing grant, loan, or loan guarantee
described in that paragraph.
``(4) Eligibility.--Funding under paragraph (1) shall be
granted only for eligible projects described in section
601(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(d)(2)).''.
SEC. 6117. LOAN GUARANTEE LOAN FEES.
(a) Certain Programs Under Consolidated Farm and Rural Development
Act.--Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6)(E), by striking the period at the end
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
lender fees in such amounts as are necessary such that--
``(A) the sum of--
``(i) the total amount of fees so charged
for each fiscal year; and
``(ii) the total of the amounts
appropriated for the insured or guaranteed
loans for the fiscal year; is equal to
``(B) the amount of the costs of subsidies for the
insured or guaranteed loans for the fiscal year.''.
(b) Rural Broadband Program.--Section 601(c) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at
the end the following:
``(3) Fees.--In the case of a loan guarantee issued or
modified under this section, the Secretary shall charge and
collect from the lender fees in such amounts as are necessary
such that--
``(A) the sum of--
``(i) the total amount of fees so charged
for each fiscal year; and
``(ii) the total of the amounts
appropriated for the loan guarantees for the
fiscal year; is equal to
``(B) the amount of the costs of subsidies for the
loan guarantees for the fiscal year.''.
SEC. 6118. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL
ASSISTANCE AND TRAINING.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 367 (as added by section 5305) the following:
``SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL
ASSISTANCE AND TRAINING.
``(a) In General.--The Secretary may make grants to public bodies,
private nonprofit corporations, economic development authorities,
institutions of higher education, federally recognized Indian Tribes,
and rural cooperatives for the purpose of providing or obtaining
technical assistance and training to support funding applications for
programs carried out by the Secretary, acting through the Administrator
of the Rural Business-Cooperative Service.
``(b) Purposes.--A grant under subsection (a) may be used--
``(1) to assist communities in identifying and planning for
business and economic development needs;
``(2) to identify public and private resources to finance
business and small and emerging business needs;
``(3) to prepare reports and surveys necessary to request
financial assistance for businesses in rural communities; and
``(4) to prepare applications for financial assistance.
``(c) Selection Priority.--In selecting recipients of grants under
this section, the Secretary shall give priority to grants serving
persistent poverty counties and high poverty communities, as determined
by the Secretary.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2019 through 2023, to remain available until expended.
``(2) Availability.--Any amounts authorized to be
appropriated under paragraph (1) for any fiscal year that are
not appropriated for that fiscal year may be appropriated for
any succeeding fiscal year.''.
SEC. 6119. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m) is amended in subsections (g)(1) and (h) by striking
``2018'' each place it appears and inserting ``2023''.
SEC. 6120. 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. 6121. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s) is amended--
(1) in subsection (b)(4)(B)(ii)--
(A) in the clause heading, by striking ``Maximum
amount'' and inserting ``Amount'';
(B) by inserting ``not less than 20 percent and''
before ``not more than 25 percent''; and
(C) by striking the period at the end and inserting
the following: ``, subject to--
``(I) satisfactory performance by
the microenterprise development
organization under this section, and
``(II) the availability of
funding.''; and
(2) in subsection (d)(2)--
(A) by striking ``$40,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2009 through 2018'' and inserting
``2019 through 2023''.
SEC. 6122. 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. 6123. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
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 under this title or
administered by the Secretary, acting through the rural development
mission area, as determined by the Secretary (referred to in this
section as a `covered program'), 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 the 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, to include considerations for
improving and expanding broadband services as needed.
``(b) Reserve.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall reserve not more than 10 percent of the funds made
available for a fiscal year for covered programs for projects
that support the implementation of a strategic community
investment plan described in subsection (d) on a multisectoral
and multijurisdictional basis.
``(2) Period.--Any funds reserved under paragraph (1) shall
only be reserved for the 1-year period beginning on the date on
which the funds were first made available, as determined by the
Secretary.
``(c) Approved Applications.--
``(1) In general.--Subject to paragraph (2), any applicant
who submitted an application under a covered program 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 applicant who submitted an
application under paragraph (2), (14), or (24) of section
306(a), or section 306A or 310B(b), that was approved by the
Secretary before the date of enactment of this section shall be
eligible for the funds reserved under subsection (b)--
``(A) on the same basis as an application submitted
under this section; and
``(B) until September 30, 2019.
``(d) Strategic Community Investment Plans.--
``(1) In general.--The Secretary shall provide assistance
to rural communities in 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 the vision of a rural community for the
future, including considerations for improving and
expanding broadband services as needed;
``(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) Indian 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
Indian Tribes and local, State, regional, and Federal partners
to develop strategic community investment plans under this
subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2019 through 2023, to remain available
until expended.''.
SEC. 6124. 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 ``2018'' and inserting ``2023''.
(b) Termination of Authority.--Section 382N of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009aa-13) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6125. 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 B--Rural Electrification Act of 1936
SEC. 6201. ELECTRIC LOAN REFINANCING.
Section 2(a) of the Rural Electrification Act of 1936 (7 U.S.C.
902(a)) is amended by striking ``loans in'' and inserting ``loans, or
refinance loans made by the Secretary under this Act, in''.
SEC. 6202. TECHNICAL ASSISTANCE FOR RURAL ELECTRIFICATION LOANS.
Section 2 of the Rural Electrification Act of 1936 (7 U.S.C. 902)
is amended by adding at the end the following:
``(c) Technical Assistance.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall enter into a memorandum of understanding with
the Secretary of Energy under which the Secretary of Energy
shall provide technical assistance to applicants for loans made
under subsection (a) and section 4(a).
``(2) Form of assistance.--The technical assistance that
the Secretary may request pursuant to a memorandum of
understanding entered into under paragraph (1) may include--
``(A) direct advice;
``(B) tools, maps, and training relating to--
``(i) the implementation of demand-side
management of electric and telephone service in
rural areas;
``(ii) energy efficiency and conservation
programs; and
``(iii) on-grid and off-grid renewable
energy systems; and
``(C) any other forms of assistance determined
necessary by the Secretary.''.
SEC. 6203. LOANS FOR TELEPHONE SERVICE.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922)
is amended--
(1) by striking the section designation and all that
follows through ``From such sums'' and inserting the following:
``SEC. 201. LOANS FOR TELEPHONE SERVICE.
``From such sums'';
(2) in the second sentence, by striking ``associations:''
and all that follows through ``same subscribers.'' and
inserting ``associations.''; and
(3) in the sixth sentence, by striking ``nor shall such
loan'' and all that follows through ``writing)'' and inserting
``and''.
SEC. 6204. CUSHION OF CREDIT PAYMENTS PROGRAM.
(a) In General.--Section 313 of the Rural Electrification Act of
1936 (7 U.S.C. 940c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Termination of deposit authority.--Effective October
1, 2018, no deposits may be made under paragraph (1).''; and
(C) in paragraph (3) (as so designated), by
striking ``borrower at a rate of 5 percent per annum.''
and inserting the following: ``borrower--
``(A) for each fiscal year through fiscal year
2018, at a rate of 5 percent; and
``(B) for fiscal year 2019 and each fiscal year
thereafter, at a rate equal to--
``(i) the average interest rate used to
make payments on the 5-year Treasury note for
the most recent calendar quarter; but
``(ii) not greater than 5 percent.'';
(2) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and
inserting the following:
``(i) In general.--The Secretary'';
(ii) in clause (i) (as so designated), by
striking ``Fund to which shall be credited, on
a monthly basis,'' and inserting the following:
``Fund, to be known as the ``rural economic
development subaccount'' (referred to in this
paragraph as the ``subaccount'').
``(ii) Differential payments.--For each
month through September 2021, the Secretary
shall credit to the subaccount''; and
(iii) in clause (ii) (as so designated), by
striking ``the 5 percent'' and all that follows
through the period at the end and inserting ``5
percent.'';
(B) in subparagraph (B)--
(i) by striking ``is authorized, from the
interest differential sums credited this
subaccount'' and inserting ``shall, from
interest differential sums credited under
subparagraph (A)(ii) to the subaccount''; and
(ii) by striking ``to provide'' and
inserting ``provide'';
(C) in subparagraph (E), by striking ``rural
economic development''; and
(D) by adding at the end the following:
``(F) Funding.--
``(i) Mandatory funding.--Of the funds of
the Commodity Credit Corporation, the Secretary
shall credit to the subaccount to use for the
cost of grants and loans under subparagraphs
(B) through (E) $5,000,000 for each of fiscal
years 2022 and 2023, to remain available until
expended.
``(ii) Authorization of appropriations.--In
addition to other amounts available in the
subaccount for the cost of grants and loans
under subparagraphs (B) through (E), there is
authorized to be appropriated to the subaccount
for the cost of the grants and loans $5,000,000
for each of fiscal years 2022 and 2023, to
remain available until expended.''.
(b) Conforming Amendments.--
(1) 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)(A)(ii)''.
(2) Section 313A of the Rural Electrification Act of 1936
(7 U.S.C. 940c-1) is amended in subsections (c)(4)(A) and
(e)(2) by striking ``313(b)(2)(A)'' each place it appears and
inserting ``313(b)(2)(A)(i)''.
SEC. 6205. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
(a) In General.--Section 313A of the Rural Electrification Act of
1936 (7 U.S.C. 940c-1) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to'' and inserting the
following:
``(1) Guarantees.--Subject to'';
(B) in paragraph (1) (as so designated), by
striking ``basis'' and all that follows through the
period at the end and inserting ``basis, if the
proceeds of the bonds or notes are used to make utility
infrastructure loans, or refinance bonds or notes
issued for those purposes, to a borrower that has at
any time received, or is eligible to receive, a loan
under this Act.''; and
(C) by adding at the end the following:
``(2) Terms.--A bond or note guaranteed under this section
shall, by agreement between the Secretary and the borrower--
``(A) be for a term of 30 years (or another term of
years that the Secretary determines is appropriate);
and
``(B) be repaid by the borrower--
``(i) in periodic installments of principal
and interest;
``(ii) in periodic installments of interest
and, at the end of the term of the bond or
note, as applicable, by the repayment of the
outstanding principal; or
``(iii) through a combination of the
methods described in clauses (i) and (ii).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking
``electrification'' and all that follows through the
period at the end and inserting ``purposes described in
subsection (a)(1).'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), by striking ``for
electrification or telephone purposes'' and
inserting ``for eligible purposes described in
subsection (a)(1)''; and
(ii) in subparagraph (C), by striking
``subsection (a)'' and inserting ``subsection
(a)(1)''; and
(3) in subsection (f), by striking ``2018'' and inserting
``2023''.
(b) Administration.--Beginning on the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall continue to
carry out section 313A of the Rural Electrification Act of 1936 (7
U.S.C. 940c-1) (as amended by subsection (a)) under a Notice of
Solicitation of Applications until the date on which any regulations
necessary to carry out the amendments made by subsection (a) are fully
implemented.
SEC. 6206. 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 (a), by striking ``loans and'' and
inserting ``grants, loans, and'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Loans
and'' and inserting ``Grants, Loans, and'';
(B) in paragraph (1), by inserting ``make grants
and'' after ``Secretary shall'';
(C) by striking paragraph (2) and inserting the
following:
``(2) Priority.--
``(A) In general.--In making grants, loans, or loan
guarantees under paragraph (1), the Secretary shall--
``(i) give the highest priority to
applications for projects to provide broadband
service to unserved rural communities that do
not have any residential broadband service;
``(ii) give priority to applications for
projects to provide the maximum level of
broadband service to the greatest proportion of
rural households in the proposed service area
identified in the application;
``(iii) give priority to applications for
projects to provide rapid and expanded
deployment of fixed and mobile broadband on
cropland and ranchland within a service
territory for use in various applications of
precision agriculture;
``(iv) provide equal consideration to all
eligible entities, including those that have
not previously received grants, loans, or loan
guarantees under paragraph (1); and
``(v) with respect to 2 or more
applications that are given the same priority
under clause (i), give priority to an
application that requests less grant funding
than loan funding.
``(B) Other.--After giving priority to the
applications described in clauses (i) and (ii) of
subparagraph (A), the Secretary shall then give
priority to applications--
``(i) for projects to provide broadband
service to rural communities--
``(I) with a population of less
than 10,000 permanent residents;
``(II) that are experiencing
outmigration and have adopted a
strategic community investment plan
under section 379H(d) that includes
considerations for improving and
expanding broadband service;
``(III) with a high percentage of
low income families or persons (as
defined in section 501(b) of the
Housing Act of 1949 (42 U.S.C.
1471(b)); or
``(IV) that are isolated from other
significant population centers; and
``(ii) that were developed with the
participation of, and will receive a
substantial portion of the funding for the
project from, 1 or more stakeholders,
including--
``(I) State, local, and tribal
governments;
``(II) nonprofit institutions;
``(III) community anchor
institutions, such as--
``(aa) public libraries;
``(bb) elementary schools
and secondary schools (as
defined in section 8101 of the
Elementary and Secondary
Education Act of 1965 (20
U.S.C. 7801));
``(cc) institutions of
higher education; and
``(dd) health care
facilities;
``(IV) private entities; and
``(V) philanthropic organizations.
``(C) Identification of unserved communities.--
``(i) In general.--In the case of an
application given the highest priority under
subparagraph (A)(i), the Secretary shall
confirm that each unserved rural community
identified in the application is eligible for
funding by--
``(I) conferring with and obtaining
data from the Chair of the Federal
Communications Commission and the
Administrator of the National
Telecommunications and Information
Administration with respect to the
service level in the service area
proposed in the application;
``(II) reviewing any other source
that is relevant to service data
validation, as determined by the
Secretary; and
``(III) performing site-specific
testing to verify the unavailability of
any residential broadband service in
the unserved rural community.
``(ii) Adjustments.--Not less often than
once every 2 years, the Secretary shall review,
and may adjust through notice published in the
Federal Register, the unserved communities
identified under clause (i).'';
(D) by redesignating paragraph (3) (as added by
section 6117(b)) as paragraph (4); and
(E) by inserting after paragraph (2) the following:
``(3) Grant amounts.--
``(A) Definition of development costs.--In this
paragraph, the term `development costs' means costs
of--
``(i) construction, including labor and
materials;
``(ii) project applications; and
``(iii) other development activities, as
determined by the Secretary.
``(B) Eligibility.--To be eligible for a grant
under this section, the project that is the subject of
the grant shall be carried out in a rural area.
``(C) Maximum.--Except as provided in subparagraph
(D), the amount of any grant made under this section
shall not exceed 50 percent of the development costs of
the project for which the grant is provided.
``(D) Secretarial authority to adjust.--The
Secretary may make grants of up to 75 percent of the
development costs of the project for which the grant is
provided to an eligible entity if the Secretary
determines that the project serves--
``(i) an area of rural households described
in paragraph (2)(A)(ii); and
``(ii) a rural community described in any
of subclauses (I) through (IV) of paragraph
(2)(B)(i).'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``loan or'' and
inserting ``grant, loan, or'';
(II) in clause (ii), by striking
``a loan application'' and inserting
``an application''; and
(III) in clause (iii)--
(aa) by striking
``service'' and inserting
``infrastructure'';
(bb) by striking ``loan''
the first place it appears;
(cc) by striking ``3'' and
inserting ``5''; and
(dd) by striking ``proceeds
from the loan made or
guaranteed under this section
are'' and inserting
``assistance under this section
is''; and
(ii) by adding at the end the following:
``(C) Relation to universal service high-cost
support.--The Secretary shall coordinate with the
Federal Communications Commission to ensure that any
grants, loans, or loan guarantees made under this
section complement and do not conflict with universal
service high-cost support (as defined in section 54.5
of title 47, Code of Federal Regulations, or any
successor regulation) provided by the Commission.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``the
proceeds of a loan made or
guaranteed'' and inserting
``assistance''; and
(bb) by striking ``for the
loan or loan guarantee'' and
inserting ``of the eligible
entity'';
(II) in clause (i)--
(aa) by striking ``15'' and
inserting ``90''; and
(bb) by striking ``level of
broadband service'' and
inserting ``level of fixed
broadband service, whether
terrestrial or wireless,''; and
(III) in clause (ii), by striking
``3'' and inserting ``2'';
(ii) in subparagraph (C), by striking
clause (ii) and inserting the following:
``(ii) Exceptions.--Clause (i) shall not
apply if the applicant is eligible for funding
under another title of this Act.'';
(C) in paragraph (3), in subparagraph (A), by
striking ``loan or'' and inserting ``grant, loan, or'';
(D) in paragraph (4), by striking ``loan or'' and
inserting ``grant, loan, or'';
(E) in paragraph (5)(A), in the matter preceding
clause (i), by striking ``loan or'' and inserting
``grant, loan, or'';
(F) in paragraph (6), by striking ``loan or'' and
inserting ``grant, loan, or'';
(G) by redesignating paragraph (7) as subparagraph
(B) and indenting appropriately;
(H) by inserting after paragraph (6) the following:
``(7) Application process.--
``(A) In general.--The Secretary shall provide to
an applicant of a grant, loan, or loan guarantee under
this section feedback and decisions on funding in a
timely manner.'';
(I) in paragraph (7)(B) (as so redesignated), by
striking ``may seek a determination of area eligibility
prior to preparing a loan application under this
section.'' and inserting the following: ``may, before
preparing an application under this section--
``(i) seek a determination of area
eligibility; and
``(ii) submit to the Secretary a proposal
for a project, on which the Secretary shall
provide feedback regarding how the proposal
could be changed to improve the likelihood that
the Secretary would approve the application.'';
(J) in paragraph (10)(A), by striking ``15'' and
inserting ``30''; and
(K) by adding at the end the following:
``(11) Technical assistance and training.--
``(A) In general.--The Secretary may provide
eligible entities described in paragraph (1) that are
applying for a grant, loan, or loan guarantee for a
project described in subsection (c)(2)(A)(i) technical
assistance and training--
``(i) to prepare reports and surveys
necessary to request grants, loans, and loan
guarantees under this section for broadband
deployment;
``(ii) to improve management, including
financial management, relating to the proposed
broadband deployment;
``(iii) to prepare applications for grants,
loans, and loan guarantees under this section;
or
``(iv) to assist with other areas of need
identified by the Secretary.
``(B) Funding.--Not less than 3 percent and not
more than 5 percent of amounts appropriated to carry
out this section for a fiscal year shall be used for
technical assistance and training under this
paragraph.'';
(4) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``4-Mbps'' and
inserting ``25-Mbps''; and
(B) in subparagraph (B), by striking ``1-Mbps'' and
inserting ``3-Mbps'';
(5) in subsection (f), by striking ``make a loan or loan
guarantee'' and inserting ``provide assistance'';
(6) in subsection (j)--
(A) in the matter preceding paragraph (1), by
striking ``loan and loan guarantee'';
(B) in paragraph (1), by inserting ``grants and''
after ``number of'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``loan''; and
(ii) in subparagraph (B), by striking
``loans and'' and inserting ``grants, loans,
and''; and
(D) in paragraph (3), by striking ``loan'';
(7) by redesignating subsections (k) and (l) as subsections
(m) and (n), respectively;
(8) by inserting after subsection (j) the following:
``(k) Broadband Buildout Data.--As a condition of receiving a
grant, loan, or loan guarantee under this section, a recipient of
assistance shall provide to the Secretary complete, reliable, and
precise geolocation information that indicates the location of new
broadband service that is being provided or upgraded within the service
territory supported by the grant, loan, or loan guarantee not later
than 30 days after the earlier of--
``(1) the date of completion of any project milestone
established by the Secretary; or
``(2) the date of completion of the project.
``(l) Environmental Reviews.--The Secretary may obligate, but not
disperse, funds under this Act before the completion of otherwise
required environmental, historical, or other types of reviews if the
Secretary determines that a subsequent site-specific review shall be
adequate and easily accomplished for the location of towers, poles, or
other broadband facilities in the service area of the borrower without
compromising the project or the required reviews.'';
(9) in subsection (m) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``$25,000,000'' and
inserting ``$150,000,000''; and
(ii) by striking ``2008 through 2018'' and
inserting ``2019 through 2023''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) set aside at least 1 percent to be
used for--
``(I) conducting oversight under
this section; and
``(II) implementing accountability
measures and related activities
authorized under this section.''; and
(10) in subsection (n) (as so redesignated)--
(A) by striking ``loan or'' and inserting ``grant,
loan, or''; and
(B) by striking ``2018'' and inserting ``2023''.
SEC. 6207. COMMUNITY CONNECT GRANT PROGRAM.
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. 604. COMMUNITY CONNECT GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible broadband service.--The term `eligible
broadband service' means broadband service that has the
capability to transmit data at a speed specified by the
Secretary, which may not be less than the applicable minimum
download and upload speeds established by the Federal
Communications Commission in defining the term `advanced
telecommunications capability' for purposes of section 706 of
the Telecommunications Act of 1996 (47 U.S.C. 1302).
``(2) Eligible service area.--The term `eligible service
area' means an area in which broadband service capacity is less
than--
``(A) a 10-Mbps downstream transmission capacity;
and
``(B) a 1-Mbps upstream transmission capacity.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means
a legally organized entity that--
``(i) is--
``(I) an incorporated organization;
``(II) an Indian Tribe or Tribal
organization;
``(III) a State;
``(IV) a unit of local government;
or
``(V) any other legal entity,
including a cooperative, a private
corporation, or a limited liability
company, that is organized on a for-
profit or a not-for-profit basis; and
``(ii) has the legal capacity and authority
to enter into a contract, to comply with
applicable Federal laws, and to own and operate
broadband facilities, as proposed in the
application submitted by the entity for a grant
under the Program.
``(B) Exclusions.--The term `eligible entity' does
not include--
``(i) an individual; or
``(ii) a partnership.
``(4) Program.--The term `Program' means the Community
Connect Grant Program established under subsection (b).
``(5) Rural area.--The term `rural area' has the meaning
given the term in section 601(b)(3)(A).
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `Community Connect Grant Program', to provide grants to
eligible entities to finance broadband transmission in rural areas.
``(c) Eligible Projects.--An eligible entity that receives a grant
under the Program shall use the grant to carry out a project that--
``(1) provides eligible broadband service to, within the
proposed eligible service area described in the application
submitted by the eligible entity--
``(A) each essential community facility funded
under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)); and
``(B) any required facilities necessary to offer
that eligible broadband service to each residential and
business customer; and
``(2) for not less than 2 years--
``(A) furnishes free wireless eligible broadband
service to a community center described in subsection
(d)(1)(B);
``(B) provides not fewer than 2 computer access
points for that free wireless eligible broadband
service; and
``(C) covers the cost of bandwidth to provide free
eligible broadband service to each essential community
facility funded under section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926(a)) within the proposed eligible service area
described in the application submitted by the eligible
entity.
``(d) Uses of Grant Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program may use the grant for--
``(A) the construction, acquisition, or leasing of
facilities (including spectrum), land, or buildings to
deploy eligible broadband service; and
``(B) the improvement, expansion, construction, or
acquisition of a community center within the proposed
eligible service area described in the application
submitted by the eligible entity.
``(2) Ineligible uses.--An eligible entity that receives a
grant under the Program shall not use the grant for--
``(A) the duplication of any existing broadband
service provided by another entity in the eligible
service area; or
``(B) operating expenses, except as provided in--
``(i) subsection (c)(2)(C) with respect to
free wireless eligible broadband service; and
``(ii) paragraph (1)(A) with respect to
spectrum.
``(3) Free access for community centers.--Of the amounts
provided to an eligible entity under a grant under the Program,
the eligible entity shall use to carry out paragraph (1)(B) not
greater than the lesser of--
``(A) 10 percent; and
``(B) $150,000.
``(e) Matching Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program shall provide a cash contribution in an
amount that is not less than 15 percent of the amount of the
grant.
``(2) Requirements.--A cash contribution described in
paragraph (1)--
``(A) shall be used solely for the project for
which the eligible entity receives a grant under the
Program; and
``(B) shall not include any Federal funds, unless a
Federal statute specifically provides that those
Federal funds may be considered to be from a non-
Federal source.
``(f) Applications.--
``(1) In general.--To be eligible to receive a grant under
the Program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Requirement.--An application submitted by an eligible
entity under paragraph (1) shall include documentation
sufficient to demonstrate the availability of funds to satisfy
the requirement of subsection (e).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each fiscal
year.''.
SEC. 6208. TRANSPARENCY IN THE TELECOMMUNICATIONS INFRASTRUCTURE LOAN
PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) (as amended by section 6207) is amended by adding at the end
the following:
``SEC. 605. TRANSPARENCY IN THE TELECOMMUNICATIONS INFRASTRUCTURE LOAN
PROGRAM.
``(a) Public Notice of Applications for Assistance.--The Secretary
shall publish in the Federal Register, and promptly make available to
the public, a fully searchable database on the website of Rural
Utilities Service that contains, at a minimum--
``(1) notice of each application for a loan from the
Telecommunications Infrastructure Loan and Guarantee Program
under this Act describing the application, including--
``(A) the identity of the applicant;
``(B) a description of the application, including--
``(i) each census block proposed to be
served by the applicant; and
``(ii) the amount and type of support
requested by the applicant;
``(C) the status of the application;
``(D) the estimated number and proportion of
households in each census block under subparagraph
(B)(i) that are without telecommunications service; and
``(E) a list of the census block groups, in a
manner specified by the Secretary, to which the
applicant proposes to provide service; and
``(2) notice of each borrower receiving assistance under
the Telecommunications Infrastructure Loan and Guarantee
Program under this Act, including--
``(A) the name of the borrower;
``(B) the type of assistance being received; and
``(C) the purpose for which the borrower is
receiving the assistance; and
``(3) such other information as is sufficient to allow the
public to understand the assistance provided under the
Telecommunications Infrastructure Loan and Guarantee Program
under this Act.
``(b) Opportunity for the Public to Submit Information.--The
Secretary shall, with respect to an application for a loan under the
Telecommunications Infrastructure Loan and Guarantee Program under this
Act--
``(1) for a period of not less than 15 days after the date
on which the notice required by subsection (a)(1) is provided
with respect to the application, provide an opportunity for an
interested party to voluntarily submit information concerning
the services that the party offers in the census blocks
described in subsection (a)(1)(B)(i), such that the Secretary
may assess whether approving the application would result in
any duplication of lines, facilities, or systems that are
providing reasonably adequate services; and
``(2) if no interested party submits information under
paragraph (1), consider the number of providers in the census
block group to be established by using broadband deployment
data from the most recent Form 477 data collection of the
Federal Communications Commission.''.
SEC. 6209. REFINANCING OF BROADBAND AND TELEPHONE LOANS.
(a) In General.--Section 201 of the Rural Electrification Act of
1936 (7 U.S.C. 922) is amended, in the fifth sentence, by striking
``furnishing telephone service in rural areas:'' and all that follows
through ``40 per centum of any loan made under this title.'' and
inserting ``furnishing telephone service in rural areas, including
indebtedness of recipients on another telecommunications loan made
under this Act.''.
(b) Broadband.--Section 601(i) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(i)) is amended by striking ``Act if the use of''
and all that follows through the period at the end and inserting ``Act,
or on any other loan if that loan would have been for an eligible
purpose under this Act.''.
SEC. 6210. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
Title III of the Rural Electrification Act of 1936 (7 U.S.C. 931 et
seq.) is amended by adding at the end the following:
``SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
``The Secretary may make or guarantee loans under this title and
title I for cybersecurity and grid security improvements.''.
Subtitle C--Miscellaneous
SEC. 6301. DISTANCE LEARNING AND TELEMEDICINE.
(a) Substance Use Disorder Treatment Services.--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) Substance use disorder treatment services.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall make available not less than 20 percent
of amounts made available under section 2335A for
financial assistance under this chapter for substance
use disorder treatment services.
``(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 for substance use disorder treatment
services to reach the 20-percent requirement under
subparagraph (A), the Secretary may make available less
than 20 percent of amounts made available under section
2335A for those services.''.
(b) 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 ``2018'' and inserting ``2023''.
(c) 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. 6302. 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 (b)(2), by striking ``efficiency.'' and
inserting ``efficiency (including cost-effective on- or off-
grid renewable energy or energy storage systems).'';
(2) 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 by a borrower under this section in
the calculation of the debt-equity ratio of the borrower for
purposes of eligibility for loans under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``(6)'' and inserting
``(7)''; and
(D) by adding at the end the following:
``(9) Accounting.--The Secretary shall take appropriate
steps to streamline the accounting requirements on borrowers
under this section while maintaining adequate assurances of the
repayment of the loans.'';
(3) in subsection (d)(1)(A), by striking ``3 percent'' and
inserting ``6 percent'';
(4) by redesignating subsection (h) as subsection (i);
(5) by inserting after subsection (g) the following:
``(h) Publication.--Not later than 120 days after the end of each
fiscal year, the Secretary shall publish a description of--
``(1) the number of applications received under this
section for that fiscal year;
``(2) the number of loans made to eligible entities under
this section for that fiscal year; and
``(3) the recipients of the loans described in paragraph
(2).''; and
(6) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6303. RURAL HEALTH AND SAFETY EDUCATION PROGRAMS.
(a) In General.--Section 502(i) of the Rural Development Act of
1972 (7 U.S.C. 2662(i)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Substance use disorder education and prevention.--In
making grants under this subsection, the Secretary shall give
priority to an applicant that will use the grant for substance
use disorder education, prevention, or treatment.''.
(b) Technical Amendments.--Title V of the Rural Development Act of
1972 (7 U.S.C. 2661 et seq.) (as amended by subsection (a)) is
amended--
(1) in section 502, in the matter preceding subsection (a),
by inserting ``(referred to in this title as the `Secretary')''
after ``Agriculture''; and
(2) by striking ``Secretary of Agriculture'' each place it
appears (other than in section 502 in the matter preceding
subsection (a)) and inserting ``Secretary''.
SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION REAUTHORIZATION.
Section 15751(a) of title 40, United States Code, is amended by
striking ``2018'' and inserting ``2023''.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION.
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'' after the
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) support international collaboration that leverages
resources and advances priority food and agricultural interests
of the United States, such as--
``(A) addressing emerging plant and animal
diseases;
``(B) improving crop varieties and animal breeds;
and
``(C) developing safe, efficient, and nutritious
food systems.''.
SEC. 7102. MATTERS RELATING TO CERTAIN SCHOOL DESIGNATIONS AND
DECLARATIONS.
(a) Study of Food and Agricultural Sciences.--Section 1404(14) of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103(14)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(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
described in clause (ii).
``(ii) Clarification.--An area of study
referred to in clause (i) may include 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.
``(XXXIII) Any other area, as
determined appropriate by the
Secretary.''; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by
inserting ``any institution designated under'' after
``include'';
(B) by striking clause (i); and
(C) 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 clauses (i), (ii), and (iii),
respectively, and indenting appropriately.
(b) Designation Review.--
(1) In general.--Not later than 90 days after the date of
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 that section (as
amended by subsection (a)).
(2) Violation.--If the Secretary determines under paragraph
(1) that an NLGCA Institution is not in compliance with section
1404(14)(A) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A)) (as
amended by subsection (a)), the designation of that NLGCA
Institution shall be revoked.
SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
Section 1408(h) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7104. CITRUS DISEASE SUBCOMMITTEE OF SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2)(D) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)(D)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7105. VETERINARY SERVICES GRANT PROGRAM.
Section 1415B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151b) is amended--
(1) in subsection (c)(2)--
(A) by striking ``to qualified'' and inserting the
following: ``to--
``(A) qualified'';
(B) in subparagraph (A) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) qualified entities for the purpose of
exposing students in grades 11 and 12 to education and
career opportunities in food animal medicine.''; and
(2) in subsection (h)--
(A) by striking the subsection designation and
heading and inserting the following:
``(h) Funding.--
``(1) Authorization of appropriations.--'';
(B) in paragraph (1) (as so designated), by
striking ``for fiscal year 2014 and each fiscal year
thereafter'' and inserting ``for each of fiscal years
2014 through 2023''; and
(C) by adding at the end the following:
``(2) Priority.--The Secretary shall award not less than
\2/3\ of amounts made available for grants under this section
to qualified entities with a focus on food animal medicine.''.
SEC. 7106. 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. 7107. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1418 (7 U.S.C. 3153)
the following:
``SEC. 1419. RESEARCH EQUIPMENT GRANTS.
``(a) Definition of Eligible Institution.--In this section, the
term `eligible institution' means--
``(1) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
``(2) a State cooperative institution.
``(b) Grants.--The Secretary may award competitive grants to
eligible institutions for the acquisition of special purpose scientific
research equipment for use in the food and agricultural sciences
programs of those institutions.
``(c) Maximum Amount.--The amount of a grant under subsection (b)
shall not exceed $500,000.
``(d) Prohibition on Charge of Indirect Costs.--The cost of the
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.
``(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. 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. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE.
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:
``SEC. 1419C. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE.
``(a) In General.--The Secretary shall establish a next generation
agriculture technology challenge competition to provide an incentive
for the development of innovative mobile technology that removes
barriers to entry in the marketplace for beginning farmers and ranchers
(as defined in section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a))).
``(b) Amount.--The Secretary may award not more than $1,000,000 in
the aggregate to 1 or more winners of the competition under subsection
(a).''.
SEC. 7111. NUTRITION EDUCATION PROGRAM.
Section 1425(f) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3175(f)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7112. AUTHORIZATION FOR APPROPRIATIONS FOR FEDERAL AGRICULTURAL
RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (Public Law 99-198; 99 Stat.
1556; 128 Stat. 900) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7113. 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. 7114. EXTENSION AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY; REPORT.
Section 1444 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3221) is amended--
(1) in subsection (a), by striking paragraph (4); and
(2) by adding at the end the following:
``(g) Report.--The Secretary shall annually submit to Congress a
report describing the allocations made to, and matching funds received
by--
``(1) eligible institutions under this section; and
``(2) institutions designated under the Act of July 2, 1862
(commonly known as the `First Morrill Act') (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.).''.
SEC. 7115. REPORT ON AGRICULTURAL RESEARCH AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.
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:
``(i) Report.--The Secretary shall annually submit to Congress a
report describing the allocations made to, and matching funds received
by--
``(1) eligible institutions under this section; and
``(2) institutions designated under the Act of July 2, 1862
(commonly known as the `First Morrill Act') (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.).''.
SEC. 7116. 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. 7117. 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. 7118. NEW BEGINNING FOR TRIBAL STUDENTS.
Subtitle G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) is amended by
adding at the end the following:
``SEC. 1450. NEW BEGINNING FOR TRIBAL STUDENTS.
``(a) Definition of Tribal Student.--In this section, the term
`Tribal student' means a student at a land-grant college or university
that is a member of an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
``(b) New Beginning Initiative.--
``(1) Authorization.--The Secretary may make competitive
grants to land-grant colleges and universities to provide
identifiable support specifically targeted for Tribal students.
``(2) Application.--A land-grant college or university that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(3) Use of funds.--A land-grant college or university
that receives a grant under this section shall use the grant
funds to support Tribal students through--
``(A) recruiting;
``(B) tuition and related fees;
``(C) experiential learning; and
``(D) student services, including--
``(i) tutoring;
``(ii) counseling;
``(iii) academic advising; and
``(iv) other student services that would
increase the retention and graduation rate of
Tribal students enrolled at the land-grant
college or university, as determined by the
Secretary.
``(4) Matching funds.--A land-grant college or university
that receives a grant under this section shall provide matching
funds toward the cost of carrying out the activities described
in this section in an amount equal to not less than 100 percent
of the grant award.
``(5) Maximum amount per state.--No State shall receive,
through grants made under this section to land-grant colleges
and universities located in the State, more than $500,000 per
year.
``(c) Report.--Not later than 3 years after the date of enactment
of this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry and the Committee on Indian
Affairs of the Senate a report that includes an itemized list of grant
funds distributed under this section, including the specific form of
assistance, and the number of Tribal students assisted and the
graduation rate of Tribal students at land-grant colleges and
universities receiving grants under this section.
``(d) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7119. 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. 7120. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT.
Section 1458(e) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3291(e)) is amended--
(1) in the subsection heading, by striking ``Full Payment
of Funds Made Available for Certain'' and inserting ``Certain''
;
(2) by striking ``Notwithstanding'' and inserting the
following:
``(1) Full payment of funds.--Notwithstanding'';
(3) in paragraph (1) (as so designated)--
(A) by striking ``Israel-United States'' and
inserting ``United States-Israel''; and
(B) by inserting ``(referred to in this subsection
as the `BARD Fund')'' after ``Development Fund''; and
(4) by adding at the end the following:
``(2) Activities.--Activities under the BARD Fund to
promote and support agricultural research and development that
are of mutual benefit to the United States and Israel shall--
``(A) be carried out by the Secretary in a manner
consistent with this section;
``(B) accelerate the demonstration, development,
and application of agricultural solutions resulting
from or relating to BARD Fund programs, including BARD
Fund-sponsored research and innovations in drip
irrigation, pesticides, aquaculture, livestock,
poultry, disease control, and farm equipment; and
``(C) encourage research carried out by
governmental, nongovernmental, and private entities,
including through collaboration with colleges and
universities, research institutions, and the private
sector.''.
SEC. 7121. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL AGRICULTURAL
RESEARCH, EXTENSION, AND TEACHING.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1458 (7 U.S.C. 3291)
the following:
``SEC. 1458A. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.
``(a) Purpose.--The purpose of this section is to build the
capacity, and improve the performance, of covered Institutions and
agricultural higher education institutions in lower and middle income
countries performing, or desiring to perform, activities substantially
similar to agricultural research, extension, and teaching activities
(referred to in this section as `agricultural higher education
institutions in developing countries') in order to solve food, health,
nutrition, rural income, and environmental challenges, especially among
chronically food insecure populations, including by--
``(1) promoting partnerships between covered Institutions
and agricultural higher education institutions in developing
countries; and
``(2) leveraging the capacity of covered Institutions to
partner with agricultural higher education institutions in
developing countries.
``(b) Definitions.--In this section:
``(1) 1862 institution; 1890 institution; 1994
institution.--The terms `1862 Institution', `1890 Institution',
and `1994 Institution' have the meanings given the terms in
section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601).
``(2) Covered institution.--The term `covered Institution'
means--
``(A) an 1862 Institution;
``(B) an 1890 Institution;
``(C) a 1994 Institution;
``(D) an NLGCA Institution;
``(E) an Hispanic-serving agricultural college or
university; and
``(F) a cooperating forestry school.
``(c) Authority of the Secretary.--To carry out the purpose of this
section, the Secretary may promote cooperation and coordination between
covered Institutions and agricultural higher education institutions in
developing countries through--
``(1) improving extension by--
``(A) encouraging the exchange of research
materials and results between covered Institutions and
agricultural higher education institutions in
developing countries;
``(B) facilitating the broad dissemination of
agricultural research through extension; and
``(C) assisting with efforts to plan and initiate
extension services in lower and middle income
countries;
``(2) improving agricultural research by--
``(A) in partnership with agricultural higher
education institutions in developing countries,
encouraging research that addresses problems affecting
food production and security, human nutrition,
agriculture, forestry, livestock, and fisheries,
including local challenges; and
``(B) supporting and strengthening national
agricultural research systems in lower and middle
income countries;
``(3) supporting the participation of covered Institutions
in programs of international organizations, such as the United
Nations, the World Bank, regional development banks, and
international agricultural research centers;
``(4) improving agricultural teaching and education by--
``(A) in partnership with agricultural higher
education institutions in developing countries,
supporting education and teaching relating to food and
agricultural sciences, including technical assistance,
degree training, research collaborations, classroom
instruction, workforce training, and education
programs; and
``(B) assisting with efforts to increase student
capacity, including to encourage equitable access for
women and other underserved populations, at
agricultural higher education institutions in
developing countries by promoting partnerships with,
and improving the capacity of, covered Institutions;
``(5) assisting covered Institutions in strengthening their
capacity for food, agricultural, and related research,
extension, and teaching programs relevant to agricultural
development activities in lower and middle income countries to
promote the application of new technology to improve education
delivery;
``(6) providing support for the internationalization of
resident instruction programs of covered Institutions;
``(7) establishing a program, to be coordinated by the
Director of the National Institute of Food and Agriculture and
the Administrator of the Foreign Agricultural Service, to place
interns from covered Institutions in, or in service to benefit,
lower and middle income countries; and
``(8) establishing a program to provide fellowships to
students at covered Institutions to study at foreign
agricultural colleges and universities.
``(d) Enhancing Linkages.--The Secretary shall enhance the linkages
among covered Institutions, the Federal Government, international
research centers, counterpart research, extension, and teaching
agencies and institutions in developed countries and developing
countries--
``(1) to carry out the purpose described in subsection (a);
and
``(2) to make a substantial contribution to the cause of
improved food and agricultural progress throughout the world.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7122. 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. 7123. 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. 7124. 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. 7125. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.
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 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.'';
(3) in subsection (c)(3)(E), by inserting ``(including hemp
(as defined in section 297A of the Agricultural Marketing Act
of 1946))'' after ``material''; and
(4) in subsection (e)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 7126. NEW ERA RURAL TECHNOLOGY PROGRAM.
Section 1473E of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amended--
(1) in subsection (b)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) precision agriculture.''; and
(2) in subsection (d), by striking ``2008 through 2012''
and inserting ``2019 through 2023''.
SEC. 7127. 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. 7128. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by
adding at the end the following:
``SEC. 1473H. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY.
``(a) Purpose.--The purpose of this section is to examine the
efficacy and applicability of authority for the advanced research and
development of agriculture and food research through a focused pilot
program targeting the research needs relating to qualified products and
projects, agricultural technologies, and research tools.
``(b) Definitions.--In this section:
``(1) Advanced research and development.--The term
`advanced research and development' means research and
development activities used to overcome long-term and high-risk
research challenges in agriculture and food through--
``(A) targeted acceleration of novel, early stage
innovative agricultural research with promising
technology applications and products; or
``(B) development of qualified products and
projects, agricultural technologies, or innovative
research tools, which may include--
``(i) prototype testing, preclinical
development, or field experimental use;
``(ii) determining and assisting with
product approval, clearance, or need for a
license under--
``(I) the Animal Health Protection
Act (7 U.S.C. 8301 et seq.);
``(II) the Plant Protection Act (7
U.S.C. 7701 et seq.); or
``(III) other applicable law; or
``(iii) manufacturing and commercialization
of a product.
``(2) AGARDA.--The term `AGARDA' means the Agriculture
Advanced Research and Development Authority established by
subsection (d)(1).
``(3) Agricultural technology.--The term `agricultural
technology' means machinery or equipment engineered with an
applicable use in agriculture and food.
``(4) Fund.--The term `Fund' means the Agriculture Advanced
Research and Development Fund established by subsection (e)(1).
``(5) Person.--The term `person' means--
``(A) an individual;
``(B) a partnership;
``(C) a corporation;
``(D) an association;
``(E) an entity;
``(F) a public or private corporation;
``(G) a Federal, State, or local government agency
or department; and
``(H) an institution of higher education, including
a land-grant college or university and a non-land-grant
college of agriculture.
``(6) Qualified product or project.--The term `qualified
product or project' means advanced research and development
of--
``(A) engineering, mechanization, or technology
improvements that will address challenges relating to
growing, harvesting, handling, and packing agricultural
products;
``(B) plant disease or plant pest recovery
countermeasures to intentional or unintentional
biological threats, including--
``(i) replacement-resistant plant cultivars
or varieties;
``(ii) other enhanced management
strategies, including novel chemical,
biological, or cultural approaches; or
``(iii) diagnostic or surveillance
technology; and
``(C) veterinary countermeasures to intentional or
unintentional biological threats, including--
``(i) animal vaccine, antiviral, or
therapeutic products; or
``(ii) diagnostic or surveillance
technology.
``(7) Research tool.--The term `research tool' means a
device, technology, procedure, biological material, reagent,
computer system, computer software, or analytical technique
that is developed to assist in the discovery, development, or
manufacture of a qualified product or project.
``(c) Strategic Plan.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, and annually thereafter, the
Secretary shall develop and make publically available a
strategic plan describing the strategic vision that the AGARDA
shall use--
``(A) to make determinations for future investments
during the period of effectiveness of this section; and
``(B) to achieve the goals described in
subparagraphs (A) and (B) of subsection (d)(2).
``(2) Dissemination.--The Secretary shall carry out such
activities as the Secretary determines to be appropriate to
disseminate the information contained in the strategic plan
under paragraph (1) to persons who may have the capacity to
substantially contribute to the activities described in that
strategic plan.
``(3) Coordination; consultation.--The Secretary shall--
``(A) update and coordinate the strategic
coordination plan under section 221(d) of the
Department of Agriculture Reorganization Act of 1994
with the strategic plan developed under paragraph (1)
for activities relating to agriculture and food defense
countermeasure development and procurement; and
``(B) in developing the strategic plan under
paragraph (1), consult with--
``(i) the National Agricultural Research,
Extension, Education, and Economics Advisory
Board established under section 1408(a);
``(ii) the specialty crops committee
established under section 1408A(a)(1);
``(iii) relevant agriculture research
agencies of the Federal Government;
``(iv) the National Academies of Sciences,
Engineering, and Medicine; and
``(v) other appropriate parties, as
determined by the Secretary
``(d) Agriculture Advanced Research and Development Authority.--
``(1) Establishment.--There is established within the
Department of Agriculture the Agriculture Advanced Research and
Development Authority to overcome the long-term and high-risk
challenges in the development of--
``(A) qualified products and projects;
``(B) agricultural technologies; and
``(C) research tools.
``(2) Goals.--The goals of the AGARDA are--
``(A) to enhance the economic viability and
security of agriculture to ensure that the United
States is competitive and maintains a technological
lead globally;
``(B) to develop and deploy advanced solutions to
prevent, prepare, and protect against unintentional and
intentional threats to agriculture and food in the
United States; and
``(C) to ensure that the United States maintains a
technological lead in developing and deploying advanced
agricultural technologies that increase economic
opportunities for farmers, ranchers, and rural
communities.
``(3) Leadership.--The AGARDA shall be a component of the
Office of the Chief Scientist.
``(4) Duties.--To achieve the goals described in
subparagraphs (A) and (B) of paragraph (2), the Secretary shall
accelerate advanced research and development by--
``(A) identifying and promoting revolutionary
advances in fundamental sciences;
``(B) translating scientific discoveries and
cutting-edge inventions into technological innovations;
``(C) incubating and accelerating transformational
advances in areas in which industry by itself is not
likely to undertake advanced research and development
because of the high-risk technological or financial
uncertainty;
``(D) collaborating with Federal agencies, relevant
industries, academia, international agencies, the
Foundation for Food and Agriculture Research, and other
persons to carry out the goals described in
subparagraphs (A) and (B) of paragraph (2), including
convening, at a minimum, annual meetings or working
groups to demonstrate the operation and effectiveness
of advanced research and development of qualified
products and projects;
``(E) conducting ongoing searches for, and support
calls for, potential advanced research and development
of agricultural technology, qualified products and
projects, and research tools;
``(F) awarding grants and entering into contracts
and cooperative agreements for advanced research and
development of agricultural technology, qualified
products and projects, and research tools;
``(G) establishing issue-based multidisciplinary
discovery teams to reduce the time and cost of solving
specific problems that--
``(i) are composed of representatives from
Federal and State agencies, professional
groups, academia, and industry;
``(ii) seek novel and effective solutions;
and
``(iii) encourage data sharing and
translation of research to field use; and
``(H) connecting interested persons with offices or
employees authorized by the Secretary to advise those
persons regarding requirements under relevant laws that
impact the development, commercialization, and
technology transfer of a qualified product or project.
``(5) Priority.--In awarding grants and entering into
contracts and cooperative agreements under paragraph (4)(F),
the Secretary shall give priority to projects that accelerate
the advanced research and development of--
``(A) new technologies to address critical research
needs for specialty crops; and
``(B) qualified products and projects that prevent,
protect, and prepare against intentional and
unintentional threats to agriculture and food.
``(6) Procedures; payments.--
``(A) Expedited procedures.--
``(i) In general.--In awarding grants and
entering into contracts and cooperative
agreements under paragraph (4)(F), the
Secretary may establish--
``(I) expedited procurement
procedures;
``(II) a procedure to expedite peer
review; and
``(III) a procedure to enter into
personal services contracts.
``(ii) Availability of data.--The Secretary
shall require that, as a condition of being
awarded a contract or grant or entering into a
cooperative agreement under paragraph (4)(F), a
person shall make available to the Secretary on
an ongoing basis, and submit to the Secretary
on request of the Secretary, all data relating
to or resulting from the activities carried out
by the person pursuant to this section.
``(B) Milestone-based payments allowed.--In
awarding contracts and grants and entering into
cooperative agreements under paragraph (4)(F), the
Secretary may--
``(i) use milestone-based awards and
payments; and
``(ii) terminate a project for not meeting
technical milestones.
``(7) Personnel authorities.--
``(A) Specially qualified scientific and
professional personnel.--
``(i) In general.--In addition to any other
personnel authorities, the Secretary may--
``(I) without regard to sections
3309 through 3319 of title 5, United
States Code, and other provisions under
that title governing appointments in
the competitive service, appoint highly
qualified individuals to scientific or
professional positions in the AGARDA
such as program managers, to carry out
this section; and
``(II) compensate individuals
appointed under subclause (I) in the
same manner and subject to the same
terms and conditions in which
individuals appointed under section
9903 of that title are compensated,
without regard to the provisions of
chapter 51 and subchapter III of
chapter 53 of that title relating to
classification and General Schedule pay
rates.
``(ii) Term of appointment.--The term
limitations described in section 9903(c) of
title 5, United States Code, shall apply to
appointments under this subparagraph, except
that the references to the `Secretary' and to
the `Department of Defense's national security
missions' shall be deemed to be to the
Secretary of Agriculture and to the mission of
the Department of Agriculture under this
section.
``(B) Special consultants.--In carrying out this
section, the Secretary may appoint special consultants.
``(C) Report.--The Secretary shall submit to
Congress a biennial report describing the
implementation of this paragraph.
``(8) Report and evaluation.--
``(A) 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 an annual report
examining the actions undertaken and results generated
by the AGARDA.
``(B) Evaluation.--After the date on which the
AGARDA has been in operation for 3 years, the Chief
Scientist shall offer to enter into a contract with the
National Academy of Sciences under which the National
Academy of Sciences shall conduct an evaluation--
``(i) to be completed and submitted to the
Committee on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate not later than 1 year after the date of
entry into the contract;
``(ii) describing the extent to which the
AGARDA is achieving the goals described in
subparagraphs (A) and (B) of paragraph (2); and
``(iii) including a recommendation of the
National Academy of Sciences on whether the
AGARDA should be continued, terminated, or
expanded.
``(e) Fund.--
``(1) Establishment.--There is established in the Treasury
the Agriculture Advanced Research and Development Fund, which
shall be administered by the Chief Scientist for the purpose of
advanced research and development of qualified products and
projects, agricultural technology, and research tools under
this section.
``(2) Funding.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to the Fund $10,000,000
for each of fiscal years 2019 through 2023, to remain
available until expended.
``(B) Other funds.--In addition to the amounts
appropriated under subparagraph (A), the Fund may
accept amounts from other sources--
``(i) including private sector,
nongovernmental, or non-Federal entities; and
``(ii) excluding the Commodity Credit
Corporation.
``(f) Termination of Effectiveness.--The authority provided by this
section terminates effective December 31, 2023.''.
SEC. 7129. 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. 7130. REPEAL OF RANGELAND RESEARCH PROGRAMS.
Subtitle M of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3331 et seq.) is repealed.
SEC. 7131. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7132. 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. 7133. LIMITATION ON DESIGNATION OF ENTITIES ELIGIBLE TO RECEIVE
FUNDS UNDER A CAPACITY PROGRAM.
Subtitle P of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3371 et seq.) is amended by
adding at the end the following:
``SEC. 1493. LIMITATION ON DESIGNATION OF ENTITIES ELIGIBLE TO RECEIVE
FUNDS UNDER A CAPACITY PROGRAM.
``(a) Definition of Capacity Program.--In this section, the term
`capacity program' means each of the following agricultural research,
extension, education, and related programs:
``(1) The programs for which funds are made available under
subsections (b) and (c) of section 3 of the Smith-Lever Act (7
U.S.C. 343).
``(2) The program for which funds are made available under
the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
``(3) The program for which funds are made available under
section 1444.
``(4) The program for which funds are made available under
section 1445.
``(5) The grant program authorized under section 1447.
``(6) The program for which funds are made available under
Public Law 87-788 (commonly known as the `McIntire-Stennis
Cooperative Forestry Act') (16 U.S.C. 582a et seq.).
``(7) Any other agricultural research, extension, or
education program relating to capacity and infrastructure, as
determined by the Secretary.
``(b) Limitation.--
``(1) In general.--Except as provided under paragraph (2),
and notwithstanding any other provision of law, no additional
entity designated after the date of enactment of this section
shall be eligible to receive funds under a capacity program.
``(2) Exceptions.--
``(A) 1994 institutions.--Paragraph (1) shall not
apply in the case of a designation of a 1994
Institution under section 2 of Public Law 87-788
(commonly known as the ``McIntire-Stennis Cooperative
Forestry Act'') (16 U.S.C. 582a-1).
``(B) Extraordinary circumstances.--In the case of
extraordinary circumstances or a situation that would
lead to an inequitable result, as determined by the
Secretary, the Secretary may determine that an entity
designated after the date of enactment of this section
is eligible to receive funds under a capacity program.
``(c) No Increase in State Funding.--No State shall receive an
increase in the amount of capacity program funding as a result of the
designation of additional entities as eligible to receive funds under a
capacity program.''.
SEC. 7134. SCHOLARSHIP PROGRAM FOR STUDENTS ATTENDING 1890
INSTITUTIONS.
(a) Findings.--Congress finds the following:
(1) The Act of August 30, 1890 (commonly known as the
``Second Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C.
321 et seq.), brought about the establishment of the following
19 public, African-American land-grant colleges and
universities:
(A) Alabama A&M University.
(B) Alcorn State University.
(C) Central State University.
(D) Delaware State University.
(E) Florida A&M University.
(F) Fort Valley State University.
(G) Kentucky State University.
(H) Langston University.
(I) Lincoln University.
(J) North Carolina A&T State University.
(K) Prairie View A&M University.
(L) South Carolina State University.
(M) Southern University System.
(N) Tennessee State University.
(O) Tuskegee University.
(P) University of Arkansas Pine Bluff.
(Q) University of Maryland Eastern Shore.
(R) Virginia State University.
(S) West Virginia State University.
(2) Funding for agricultural education, research, and
extension at the colleges and universities described in
paragraph (1) is authorized to be appropriated to the
Department of Agriculture with each farm bill, which is enacted
approximately every 5 years.
(3) The Agricultural Act of 2014 (Public Law 113-79; 128
Stat. 649) authorizes the appropriation of Federal funds for
research, education, and extension activities at the colleges
and universities described in paragraph (1) and the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2016 (Public Law 114-
113; 129 Stat. 2245) appropriated $19,000,000 for education
grants for the colleges and universities described in paragraph
(1).
(4) There is a great need to increase the number of young
African-Americans seeking careers in the food and agricultural
sciences (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)), including agribusiness, food production,
distribution, and retailing, the clothing industries, energy
and renewable fuels, and farming marketing, finance, and
distribution.
(5) Scholarship funding provided to increase the number of
young African-American individuals seeking a career in the food
and agricultural sciences shall be provided with the caveat
that those scholarship students shall commit to pursue a career
in the food and agricultural sciences, including agribusiness,
food production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming marketing,
finance, and distribution.
(6) The average age of farmers and producers in the United
States is 60 years of age and continues to rise.
(7) Beginning farmers and ranchers (as defined in section
7405 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f)) need greater assistance in the financing of
their education because of the increased startup costs
associated with farming, such as the purchase of land and
farming equipment.
(b) Purposes.--The purposes of this section and the amendment made
by this section are--
(1) to address the national crisis posed by the aging
farmer and producer population in the United States;
(2) to increase the number of young African-American
individuals seeking a career in the food and agricultural
sciences (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)), including careers in agribusiness, food
production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming marketing,
finance, and distribution;
(3) to reduce the average age of farmers and producers in
the United States;
(4) to provide greater assistance to beginning farmers and
ranchers (as defined in section 7405 of Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f)); and
(5) to provide scholarships to 1890 land-grant students
seeking careers in the food and agricultural sciences.
(c) Scholarship Program for Students Attending 1890-institutions.--
Subtitle G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) (as amended by
section 7118) is amended by adding at the end the following:
``SEC. 1451. SCHOLARSHIPS FOR STUDENTS AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.
``(a) In General.--The Secretary shall establish a grant program
under which the Secretary shall award a grant to each 1890 Institution
(as defined in section 2 of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7601)) (referred to in this
section as an `eligible institution'), to award scholarships to
individuals who--
``(1) seek to attend the eligible institution; and
``(2) intend to pursue a career in the food and
agricultural sciences, including a career in agribusiness, food
production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming marketing,
finance, and distribution.
``(b) Funding.--
``(1) 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.
``(2) Allocation.--Of the funds made available under
paragraph (1) for a fiscal year, the Secretary shall allocate
to each eligible institution $1,000,000.''.
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 STRATEGIC GERMPLASM AND CULTIVAR COLLECTION
ASSESSMENT AND UTILIZATION PLAN.
(a) In General.--Section 1632(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop and implement a national strategic germplasm
and cultivar collection assessment and utilization plan that
takes into consideration the resources and research necessary
to address the significant backlog of characterization and
maintenance of existing accessions considered to be critical to
preserve the viability of, and public access to, germplasm and
cultivars; and''.
(b) Plan Publication.--Section 1633 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended by
adding at the end the following:
``(f) Plan Publication.--On completion of the development of the
plan described in section 1632(d)(6), the Secretary shall make the plan
available to the public.''.
SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.
(a) Advisory Council.--Section 1634 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``The
Secretary'' and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence of paragraph (1) (as so
designated), by striking ``The advisory'' and inserting
the following:
``(2) Membership.--The advisory'';
(C) in paragraph (2) (as so designated), by
striking ``nine'' and inserting ``13''; and
(D) by adding at the end the following:
``(3) Recommendations.--
``(A) In general.--In making recommendations under
paragraph (1), the advisory council shall include
recommendations on--
``(i) the state of public cultivar
development, including--
``(I) an analysis of existing
cultivar research investments;
``(II) the research gaps relating
to the development of cultivars across
a diverse range of crops; and
``(III) an assessment of the state
of commercialization of federally
funded cultivars;
``(ii) the training and resources needed to
meet future breeding challenges;
``(iii) the appropriate levels of Federal
funding for cultivar development for
underserved crops and geographic areas; and
``(iv) the development of the plan
described in section 1632(d)(6).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Two-thirds'' and
inserting ``6''; and
(ii) by inserting ``economics and policy,''
after ``agricultural sciences,'';
(B) in paragraph (2)--
(i) by striking ``One-third'' and inserting
``3''; and
(ii) by inserting ``community
development,'' after ``public policy,''; and
(C) by adding at the end the following:
``(3) 4 of the members shall be appointed from among
individuals with expertise in public cultivar and animal breed
development.
``(4) 4 of the members shall be appointed from among
individuals representing--
``(A) 1862 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601));
``(C) eligible institutions (as defined in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a))); or
``(D) 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)).''.
(b) Authorization of Appropriations.--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. 7207. 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. 7208. 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 striking subsection (a) and inserting the following:
``(a) Goals.--The goals of this section are--
``(1) to expand knowledge concerning genomes and phenomes
of crops and animals of importance to the agriculture sector of
the United States;
``(2) to understand how variable weather, environments, and
production systems impact the growth and productivity of
specific varieties of crops and species of animals in order to
provide greater accuracy in predicting crop and animal
performance under variable conditions;
``(3) to support research that leverages plant and animal
genomic information with phenotypic and environmental data
through an interdisciplinary framework, leading to a novel
understanding of plant and animal processes that affect growth,
productivity, and the ability to predict performance, which
will result in the deployment of superior varieties and species
to producers and improved crop and animal management
recommendations for farmers and ranchers;
``(4) to catalyze and coordinate research that links
genomics and predictive phenomics at different sites across the
United States to achieve advances in crops and animals 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 combine fields such as genetics, genomics, animal
physiology, meat science, animal nutrition, and veterinary
science with computation and informatics, statistics, and
engineering;
``(7) to focus on crops and animals that will yield
scientifically important results that will enhance the
usefulness of many other crops and animals;
``(8) to build on genomic research, such as the Plant
Genome Research Project and the National Animal Genome Research
Program, to understand gene function in production environments
that is expected to have considerable returns for crops and
animals of importance to the agriculture of the United States;
``(9) to develop improved data analytics to enhance
understanding of the biological function of genes;
``(10) 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
``(11) to encourage international partnerships with each
partner country responsible for financing its own research.'';
(3) by striking subsection (b) and inserting the following:
``(b) Duties of Secretary.--The Secretary of Agriculture (referred
to in this section as the `Secretary') shall conduct a research
initiative, to be known as the `Agricultural Genome to Phenome
Initiative', for the purpose of--
``(1) studying agriculturally significant crops and animals
in production environments to achieve sustainable and secure
agricultural production;
``(2) ensuring that current gaps in existing knowledge of
agricultural crop and animal genetics and phenomics are filled;
``(3) identifying and developing a functional understanding
of relevant genes from animals and agronomically relevant genes
from crops that are of importance to the agriculture sector of
the United States;
``(4) ensuring future genetic improvement of crops and
animals of importance to the agriculture sector of the United
States;
``(5) studying the relevance of diverse germplasm as a
source of unique genes that may be of importance in the future;
``(6) enhancing genetics to reduce the economic impact of
pathogens on crops and animals of importance to the agriculture
sector of the United States;
``(7) disseminating findings to relevant audiences; and
``(8) otherwise carrying out this section.'';
(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:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
(a) High-priority Research and Extension Areas.--Section 1672(d) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925(d)) is amended by adding at the end the following:
``(11) 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 development of improved technologies for managing
commercial, residential, and recreational turf areas;
``(E) producing grasses that aid in mitigating soil
erosion, protect against pollutant runoff into
waterways, and provide other environmental benefits;
``(F) investigating, preserving, and protecting
native plant species, including grasses not currently
used in turf 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.
``(12) Nutrient management.--Research and extension grants
may be made under this section for the purposes of examining
nutrient management based on the source, rate, timing, and
placement of crop nutrients.''.
``(13) 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
(Eriococcus ironsidei).
``(14) Chronic wasting disease.--Research and extension
grants may be made under this section for the purposes of
supporting research projects at land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) with established deer research programs
for the purposes of treating, mitigating, or eliminating
chronic wasting disease in free-ranging white-tailed deer
populations.''.
(b) Pulse Crop Health Initiative.--Section 1672(e)(5) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(e)(5))
is amended by striking ``2018'' and inserting ``2023''.
(c) Training Coordination for Food and Agriculture Protection.--
Section 1672(f)(5) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5925(f)(5)) is amended by striking ``2018'' and
inserting ``2023''.
(d) Pollinator Protection.--Section 1672(g) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)) is
amended--
(1) in paragraphs (1)(B), (2)(B), and (3), by striking
``2018'' each place it appears and inserting ``2023'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (7), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Pollinator health task force.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Agriculture Improvement
Act of 2018, the Secretary, in consultation with the
Administrator of the Environmental Protection Agency
(referred to in this paragraph as the `Administrator'),
shall reconstitute the Pollinator Health Task Force
(referred to in this paragraph as the `Task Force') to
carry out the purposes described in subparagraph (B).
``(B) Purposes.--The Task Force shall--
``(i) address issues relating to pollinator
health and disease, pollinator population
decline, and Federal pollinator protection
activities; and
``(ii) ensure effective implementation of
the 2015 National Pollinator Health Strategy,
as modified under subparagraph (D)(i).
``(C) Composition.--
``(i) Co-chairs.--The Secretary and the
Administrator shall serve as co-chairs of the
Task Force.
``(ii) Members.--
``(I) In general.--The Task Force
shall be composed of not less than 15
members, each of whom shall be
appointed by the Secretary, in
consultation with the Administrator.
``(II) Members.--The members of the
Task Force--
``(aa) shall include a
qualified representative from
each of--
``(AA) the
Department of State;
``(BB) the
Department of Defense;
``(CC) the
Department of the
Interior;
``(DD) the
Department of Housing
and Urban Development;
``(EE) the
Department of
Transportation;
``(FF) the
Department of Energy;
``(GG) the
Department of
Education;
``(HH) the Council
on Environmental
Quality;
``(II) the Domestic
Policy Council;
``(JJ) the General
Services
Administration;
``(KK) the National
Science Foundation;
``(LL) the National
Security Council;
``(MM) the Office
of Management and
Budget;
``(NN) the Food and
Drug Administration;
and
``(OO) the Office
of Science and
Technology Policy; and
``(bb) may include--
``(AA) 1 or more
qualified
representatives from
any other Federal
department, agency, or
office, as determined
by the Secretary and
the Administrator; and
``(BB) 1 or more
nongovernmental
individuals that
possess adequate
scientific credentials
to make meaningful
contributions to the
activities of the Task
Force, as determined by
the Secretary and the
Administrator.
``(D) Duties.--The Task Force shall--
``(i) review and modify the 2015 National
Pollinator Health Strategy to reflect the
evolving science on which it is based;
``(ii) implement the 2015 National
Pollinator Health Strategy as modified under
clause (i);
``(iii) ensure that Federal resources are
used effectively to improve pollinator habitat
and health;
``(iv) engage in regular collaboration with
the Department of Agriculture, other
governmental and institutional entities, and
private persons to leverage Federal funding to
create public-private partnerships that will
achieve the long-term improvement of pollinator
habitat and health, consistent with the 2016
Pollinator Partnership Action Plan; and
``(v) not later than 180 days after the
date of enactment of the Agriculture
Improvement Act of 2018, host a joint summit of
the Department of Agriculture and the
Environmental Protection Agency on crop
protection tools that examines--
``(I) the science relating to the
impact of crop protection tools on
pollinators;
``(II) the techniques used to
mitigate the impact of crop protection
tools; and
``(III) the gaps in research
relating to crop protection tools.
``(E) Annual report.--Not later than December 31 of
each year, the Task Force shall submit a report--
``(i) to--
``(I) the Secretary;
``(II) the Administrator;
``(III) the Committee on
Agriculture of the House of
Representatives; and
``(IV) the Committee on
Agriculture, Nutrition, and Forestry of
the Senate; and
``(ii) that describes--
``(I) the work carried out by the
Task Force under subparagraph (D); and
``(II) the recommendations of the
Task Force for the next steps that
should be taken to carry out the
purposes described in subparagraph
(B).'';
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Enhanced coordination of honeybee and pollinator
research.--
``(A) In general.--The Chief Scientist shall
coordinate research, education, and economic activities
in the Department of Agriculture relating to native and
managed pollinator health.
``(B) Duties.--To carry out subparagraph (A), the
Chief Scientist shall--
``(i) assign an individual to serve in the
Office of the Chief Scientist as a Honeybee and
Pollinator Research Coordinator, who--
``(I) may be--
``(aa) an employee of the
Department of Agriculture at
the time of appointment; and
``(bb) a detailee from the
research, economics, and
education mission area; and
``(II) shall be responsible for
leading the efforts of the Chief
Scientist in carrying out subparagraph
(A);
``(ii) implement the pollinator health
research efforts described in the 2015 report
of the Pollinator Health Task Force entitled
`Pollinator Research Action Plan';
``(iii) establish annual strategic
priorities and goals for the Department of
Agriculture for native and managed pollinator
research;
``(iv) communicate those priorities and
goals to each agency in the Department of
Agriculture, the managed pollinator industry,
and relevant grant recipients under programs
administered by the Secretary; and
``(v) coordinate and identify all research
needed and conducted by the Department of
Agriculture and relevant grant recipients under
programs administered by the Secretary on
native and managed pollinator health to ensure
consistency and reduce unintended duplication
of effort.
``(C) Pollinator research.--
``(i) In general.--In coordinating research
under subparagraph (A), the Chief Scientist
shall ensure that research is conducted--
``(I) to evaluate the impact of
horticultural and agricultural pest
management practices on native and
managed pollinator colonies in diverse
agro-ecosystems;
``(II) to document pesticide
residues--
``(aa) that are found in
native and managed pollinator
colonies; and
``(bb) that are associated
with typical commercial crop
pest management practices;
``(III) with respect to native and
managed pollinator colonies visiting
crops for crop pollination or honey
production purposes, to document--
``(aa) the strength and
health of those colonies;
``(bb) survival, growth,
reproduction, and production of
those colonies;
``(cc) pests, pathogens,
and viruses that affect those
colonies;
``(dd) environmental
conditions of those colonies;
and
``(ee) any other relevant
information, as determined by
the Chief Scientist;
``(IV) to document best management
practices and other practices in place
for managed pollinators and crop
managers with respect to healthy
populations of managed pollinators;
``(V) to evaluate the effectiveness
of--
``(aa) conservation
practices that target the
specific needs of native and
managed pollinator habitats;
and
``(bb) incentives that
allow for the expansion of
native and managed pollinator
forage acreage;
``(VI) in the case of commercially
managed pollinator colonies, to
continue gathering data on--
``(aa) annual colony
losses;
``(bb) rising input costs
associated with managing
colonies; and
``(cc) the overall economic
value of commercially managed
pollinators to the food
economy; and
``(VII) relating to any other
aspect of native and managed
pollinators, as determined by the Chief
Scientist, in consultation with
scientific experts.
``(ii) Public availability.--The Chief
Scientist shall--
``(I) make publicly available the
results of the research described in
clause (i); and
``(II) in the case of the research
described in clause (i)(VI),
immediately publish any data or reports
that were previously produced by the
Department of Agriculture but not made
publicly available.''; and
(5) in paragraph (7) (as so redesignated)--
(A) in the paragraph heading, by inserting ``and
native and managed pollinators'' after ``disorder'';
and
(B) in subparagraph (C)--
(i) by striking ``regarding how'' and
inserting the following: ``regarding--
``(i) how'';
(ii) in clause (i) (as so designated), by
striking the period at the end and inserting a
semicolon; and
(iii) by adding at the end the following:
``(ii) the establishment of a sufficiently
funded large-scale multiyear field research
project to evaluate the impact of horticultural
and agricultural pest management practices on
native and managed pollinator colonies in
diverse agro-ecosystems; and
``(iii) the development of crop-specific
best management practices that balance the
needs of crop managers with the health of
native and managed pollinator colonies.''.
(e) Authorization of Appropriations.--Section 1672(h) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7210. 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 striking ``conservation'' and
inserting ``conservation, soil health,''; 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 a semicolon;
and
(iii) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2019 and
2020;
``(E) $45,000,000 for fiscal year 2021; and
``(F) $50,000,000 for fiscal year 2022 and each
fiscal year thereafter.''; 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. 7211. FARM BUSINESS MANAGEMENT.
Section 1672D(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925f(d)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL PRODUCTION
RESEARCH, EDUCATION, AND EXTENSION INITIATIVE.
(a) In General.--The Food, Agriculture, Conservation, and Trade Act
of 1990 is amended by inserting after section 1672D (7 U.S.C. 5925f)
the following:
``SEC. 1672E. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL PRODUCTION
RESEARCH, EDUCATION, AND EXTENSION INITIATIVE.
``(a) Competitive Research and Extension Grants Authorized.--In
consultation with the Urban Agriculture and Innovative Production
Advisory Committee established under section 222(b) of the Department
of Agriculture Reorganization Act of 1994, the Secretary may make
competitive grants to support research, education, and extension
activities for the purposes of enhancing urban, indoor, and other
emerging agricultural production by--
``(1) facilitating the development of urban, indoor, and
other emerging agricultural production, harvesting,
transportation, aggregation, packaging, distribution, and
markets;
``(2) assessing and developing strategies to remediate
contaminated sites;
``(3) determining and developing the best production
management and integrated pest management practices;
``(4) assessing the impacts of shipping and transportation
on nutritional value;
``(5) identifying and promoting the horticultural, social,
and economic factors that contribute to successful urban,
indoor, and other emerging agricultural production;
``(6) analyzing the means by which new agricultural sites
are determined, including an evaluation of soil quality,
condition of a building, or local community needs;
``(7) exploring new and innovative technologies that
minimize energy, lighting systems, water, and other inputs for
increased food production;
``(8) examining building material efficiencies and
structural upgrades for the purpose of optimizing growth of
agricultural products;
``(9) studying and developing new crop varieties and
innovative agricultural products to connect to new markets; or
``(10) examining the impacts of crop exposure to urban
elements on environmental quality and food safety.
``(b) Grant Types and Process.--Subparagraphs (A) through (E) of
paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b)
of the Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 3157) shall apply with respect to the making of grants under
this section.
``(c) Priority.--The Secretary may give priority to grant proposals
that involve--
``(1) the cooperation of multiple entities; or
``(2) States or regions with a high concentration of or
significant interest in urban farms, rooftop farms, and indoor
production facilities.
``(d) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $4,000,000 for each of fiscal years 2019 through 2023,
to remain available until expended.
``(2) Authorization of appropriations.--In addition to
amounts made available under paragraph (1), there is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.''.
(b) Data Collection on Urban, Indoor, and Emerging Agricultural
Production.--
(1) In general.--Not later than 360 days after the date of
enactment of this Act, the Secretary shall conduct as a follow-
on study to the census of agriculture conducted in the calendar
year 2017 under section 2 of the Census of Agriculture Act of
1997 (7 U.S.C. 2204g) a census of urban, indoor, and other
emerging agricultural production, including information about--
(A) community gardens and farms located in urban
areas, suburbs, and urban clusters;
(B) rooftop farms, outdoor vertical production, and
green walls;
(C) indoor farms, greenhouses, and high-tech
vertical technology farms;
(D) hydroponic, aeroponic, and aquaponic farm
facilities; and
(E) other innovations in agricultural production,
as determined by the Secretary.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $14,000,000 for
the period of fiscal years 2019 through 2021.
SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS.
Section 1673 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5926) is amended by adding at the end the following:
``(d) Centers of Excellence at 1890s Institutions.--
``(1) Establishment.--The Secretary shall establish not
less than 3 centers of excellence, each led by an 1890
Institution (as defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7601)), to focus on 1 or more of the areas described in
paragraph (2).
``(2) Areas of focus.--
``(A) Student success and workforce development.--A
center of excellence established under paragraph (1)
may engage in activities to ensure that students have
the skills and education needed to work in agriculture
and food industries, agriculture science, technology,
engineering, mathematics, and related fields of study.
``(B) Nutrition, health, wellness, and quality of
life.--A center of excellence established under
paragraph (1) may carry out research, education, and
extension programs that increase access to healthy
food, improve nutrition, mitigate preventive disease,
and develop strategies to assist limited resource
individuals in accessing health and nutrition
resources.
``(C) Farming systems, rural prosperity, and
economic sustainability.--A center of excellence
established under paragraph (1) may share best
practices with farmers to improve agricultural
production, processing, and marketing, reduce urban
food deserts, examine new uses for traditional and
nontraditional crops, animals, and natural resources,
and continue activities carried out by the Center of
Innovative and Sustainable Small Farms, Ranches, and
Forest Lands.
``(D) Global food security and defense.--A center
of excellence established under paragraph (1) may
engage in international partnerships that strengthen
agricultural development in developing countries,
partner with international researchers regarding new
and emerging animal and plant pests and diseases,
engage in agricultural disaster recovery, and continue
activities carried out by the Center for International
Engagement.
``(E) Natural resources, energy, and environment.--
A center of excellence established under paragraph (1)
may focus on protecting and managing domestic natural
resources for current and future production of food and
agricultural products.
``(F) Emerging technologies.--A center of
excellence established under paragraph (1) may focus on
the development of emerging technologies to increase
agricultural productivity, enhance small farm economic
viability, and improve rural communities by developing
genetic and sensor technologies for food and
agriculture and providing technology training to
farmers.
``(3) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, and every
year thereafter, 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--
``(A) the resources invested in the centers of
excellence established under paragraph (1); and
``(B) the work being done by those centers of
excellence.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7214. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680(c)(1)(B) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5933(c)(1)(B)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7215. 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. 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
``there are authorized'' and all that follows through the period at the
end and inserting ``there is authorized to be appropriated $10,000,000
for each of fiscal years 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) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) $15,000,000 for each of fiscal years 2019 through
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) Industry Needs.--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) by redesignating subparagraphs (B) through (E)
as subparagraphs (C) through (F); and
(B) by inserting after subparagraph (A) the
following:
``(B) size-controlling rootstock systems for
perennial crops;'';
(2) in paragraph (2), by striking ``including threats to
specialty crop pollinators;'' and inserting the following:
``such as--
``(A) threats to specialty crop pollinators;
``(B) emerging and invasive species; and
``(C) a more effective understanding and
utilization of existing natural enemy complexes;'';
(3) in paragraph (3)--
(A) by striking ``efforts to improve'' and
inserting the following: ``efforts--
``(A) to improve'';
(B) in subparagraph (A) (as so designated), by
adding ``and'' at the end; and
(C) by adding at the end the following:
``(B) to achieve a better understanding of--
``(i) the soil rhizosphere microbiome;
``(ii) pesticide application systems and
certified drift-reduction technologies; and
``(iii) systems to improve and extend the
storage life of specialty crops;''; and
(4) in paragraph (4), by striking ``including improved
mechanization and technologies that delay or inhibit ripening;
and'' and inserting the following: ``such as--
``(A) mechanization and automation of labor-
intensive tasks in production and processing;
``(B) technologies that delay or inhibit ripening;
``(C) decision support systems driven by phenology
and environmental factors;
``(D) improved monitoring systems for agricultural
pests; and
``(E) effective systems for preharvest and
postharvest management of quarantine pests; and''.
(b) Funding.--Section 412(k) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(k)) is
amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``for
fiscal years 2014 through 2018'';
(B) by striking ``In addition'' and inserting the
following:
``(A) In general.--In addition''; and
(C) in subparagraph (A) (as so designated), by
striking ``2018'' and inserting ``2023'';
(2) by redesignating paragraph (3) as subparagraph (B) of
paragraph (2) and indenting appropriately; and
(3) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
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--Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.
(a) Hemp Research.--Section 5(b)(9) of the Critical Agricultural
Materials Act (7 U.S.C. 178c(b)(9)) is amended by inserting ``, and
including hemp (as defined in section 297A of the Agricultural
Marketing Act of 1946)'' after ``hydrocarbon-containing plants''.
(b) Authorization of Appropriations.--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. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) Definition of 1994 Institution.--
(1) In general.--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--
(A) by striking paragraph (11);
(B) by redesignating paragraphs (12) through (23)
and (25) through (35) as paragraphs (11) through (22)
and (26) through (36), respectively;
(C) in paragraph (20) (as so redesignated), by
striking ``College'' and inserting ``University'';
(D) by inserting after paragraph (22) (as so
redesignated) the following:
``(23) Nueta Hidatsa Sahnish College.''; and
(E) by inserting after paragraph (24) the
following:
``(25) Red Lake Nation College.''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on October 1, 2018.
(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. 7403. RESEARCH FACILITIES ACT.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7404. AGRICULTURAL AND FOOD RESEARCH INITIATIVE.
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) 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:
``(viii) soil health.''; and
(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:
``(v) automation or mechanization in the
production and distribution of specialty crops,
with a focus on labor-intensive tasks.'';
(2) in paragraph (6)--
(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) to an institution to carry out collaboration
in biomedical and agricultural research using existing
research models.''; and
(3) in paragraph (11)(A), in the matter preceding clause
(i), by striking ``2018'' and inserting ``2023''.
SEC. 7405. EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.
(a) In General.--The Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157) is amended by inserting after subsection (c)
the following:
``(d) Extension Design and Demonstration Initiative.--
``(1) Purpose.--The purpose of this subsection is to
encourage the design of adaptive prototype systems for
extension and education that seek to advance the application,
translation, and demonstration of scientific discoveries and
other agricultural research for the adoption and understanding
of food, agricultural, and natural resources practices,
techniques, methods, and technologies using digital or other
novel platforms.
``(2) Grants.--The Secretary shall award grants on a
competitive basis--
``(A) for the design of 1 or more extension and
education prototype systems--
``(i) that leverage digital platforms or
other novel means of translating, delivering,
or demonstrating agricultural research; and
``(ii) to adapt, apply, translate, or
demonstrate scientific findings, data,
technology, and other research outcomes to
producers, the agricultural industry, and other
interested persons or organizations; and
``(B) to demonstrate, by incorporating analytics
and specific metrics, the value, impact, and return on
the Federal investment of a prototype system designed
under subparagraph (A) as a model for use by other
eligible entities described in paragraph (3) for
improving, modernizing, and adapting applied research,
demonstration, and extension services.
``(3) Eligible entities.--An entity that is eligible to
receive a grant under paragraph (2) is--
``(A) a State agricultural experiment station; and
``(B) a land-grant college or university (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).
``(4) Requirement.--The Secretary shall award grants under
paragraph (2) to not fewer than 2 and not more than 5 eligible
entities described in paragraph (3) that represent a diversity
of regions, commodities, and agricultural or food production
issues.
``(5) Term.--The term of a grant awarded under paragraph
(2) shall be not longer than 5 years.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000 for
each of fiscal years 2019 through 2023, to remain available
until expended.''.
(b) Technical and Conforming Amendments.--The Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 3157) is amended--
(1) in subsection (c)(2), by striking ``subsection--'' in
the matter preceding subparagraph (A) and all that follows
through ``for the planning'' in subparagraph (B) and inserting
``subsection for the planning''; and
(2) in subsection (h), by inserting ``, (d),'' after
``subsections (b)''.
SEC. 7406. 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. 7407. 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. 7408. REPEAL OF REVIEW OF AGRICULTURAL RESEARCH SERVICE.
Section 7404 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3101 note; Public Law 107-171) is repealed.
SEC. 7409. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8108) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) carbon dioxide that--
``(i) is intended for permanent
sequestration or utilization; and
``(ii) is a byproduct of the production of
the products described in subparagraphs (A) and
(B).'';
(2) in subsection (d)(2)(A)--
(A) in clause (xii), by striking ``and'' at the
end;
(B) by redesignating clause (xiii) as clause (xiv);
and
(C) by inserting after clause (xii) the following:
``(xiii) an individual with expertise in
carbon dioxide capture, utilization, and
sequestration; and'';
(3) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in clause (ii), by striking ``and'' at
the end; and
(ii) by adding at the end the following:
``(iv) to permanently sequester or utilize
carbon dioxide that is produced as a byproduct
of the production of biobased products; and'';
and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the development of technologies to
permanently sequester or utilize carbon dioxide
that is produced as a byproduct of the
production of biobased products.''; and
(4) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) $3,000,000 for each of fiscal years 2019
through 2023.''; and
(B) in paragraph (2), by striking ``2018'' and
inserting ``2023''.
SEC. 7410. REINSTATEMENT OF MATCHING REQUIREMENT FOR FEDERAL FUNDS USED
IN EXTENSION WORK AT THE UNIVERSITY OF THE DISTRICT OF
COLUMBIA.
(a) In General.--Section 208(c) of the District of Columbia Public
Postsecondary Education Reorganization Act (88 Stat. 1428; sec. 38-
1202.09(c), D.C. Official Code) is amended by inserting after the first
sentence the following: ``Such sums may be used to pay not more than
\1/2\ of the total cost of providing such extension work.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2018.
SEC. 7411. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
Section 308 of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note; Public Law
103-354) is amended--
(1) in subsection (b)(6)(A), by striking ``10 years'' and
inserting ``15 years''; and
(2) in subsection (d)(2), in the matter preceding
subparagraph (A), by striking ``6, 8, and 10 years'' and
inserting ``13 years''.
SEC. 7412. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER PORTION OF
HENRY A. WALLACE BELTSVILLE AGRICULTURAL RESEARCH CENTER,
BELTSVILLE, MARYLAND.
(a) Transfer Authorized.--Subject to subsection (e), the Secretary
may transfer to the Secretary of the Treasury administrative
jurisdiction over 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 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 may correct
errors in the legal description and map.
(c) Terms and Conditions.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to easements, valid
existing rights, and such other reservations, terms, and conditions as
the Secretary considers to be necessary.
(d) Waiver.--The parcel of real property under subsection (a) is
exempt from Federal screening for other possible use due to an
identified Federal need for the parcel as the site of Bureau of
Engraving and Printing facilities.
(e) Conditions for Transfer.--As a condition of the transfer of
administrative jurisdiction under subsection (a), the Secretary of the
Treasury shall agree to pay the Secretary the costs incurred to carry
out the transfer of administrative jurisdiction under subsection (a),
including the costs for--
(1) any environmental or administrative analysis required
by law with respect to the parcel to be transferred under
subsection (a);
(2) a survey, if needed; and
(3) any hazardous substances assessment of the parcel to be
transferred under subsection (a).
(f) Hazardous Materials.--
(1) In general.--For the parcel to be transferred under
subsection (a), the Secretary shall meet the applicable
disclosure requirements relating to hazardous substances.
(2) Remediation.--The Secretary shall not be required to
remediate or abate any hazardous substances disclosed under
paragraph (1) or any other hazardous pollutants, contaminants,
or waste that may be present at or on the parcel on the date of
the transfer of administrative jurisdiction under subsection
(a).
SEC. 7413. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.
Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939) is
amended--
(1) in subsection (d)(1)(D), by inserting ``and agriculture
stakeholders'' after ``community'';
(2) in subsection (e)--
(A) in paragraph (2)(C)(ii)(I), by inserting
``agriculture or'' before ``agricultural research'';
and
(B) in paragraph (4)(A)--
(i) in clause (iii), by striking ``and'' at
the end;
(ii) by redesignating clause (iv) as clause
(v); and
(iii) by inserting after clause (iii) the
following:
``(iv) actively solicit and accept any
funds, gifts, grants, devises, or bequests of
real or personal property made to the
Foundation, including from private entities;
and'';
(3) in subsection (f)(3)(B)--
(A) in clause (i)(I)--
(i) in the matter preceding item (aa), by
inserting ``and post online'' before ``a
report'';
(ii) in item (aa), by striking
``accomplishments; and'' and inserting
``accomplishments and how those activities
align to the challenges identified in the
strategic plan under clause (iv);'';
(iii) in item (bb), by striking the period
at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(cc) a description of
available agricultural research
programs and priorities for the
upcoming fiscal year.''; and
(B) by adding at the end the following:
``(iii) Stakeholder notice.--The Foundation
shall publish an annual notice with a
description of agricultural research priorities
under this section for the upcoming fiscal
year, including--
``(I) a schedule for funding
competitions;
``(II) a discussion of how
applications for funding will be
evaluated; and
``(III) how the Foundation will
communicate information about funded
awards to the public to ensure that
grantees and partners understand the
objectives of the Foundation.
``(iv) Strategic plan.--Not later than 1
year after the date of enactment of the
Agriculture Improvement Act of 2018, the
Foundation shall submit to the Committee on
Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and
Forestry of the Senate a strategic plan
describing a path for the Foundation to become
self-sustaining, including--
``(I) a forecast of major
agricultural challenge opportunities
identified by the scientific advisory
councils of the Foundation and approved
by the Board, including short- and
long-term objectives;
``(II) an overview of the efforts
that the Foundation will take to be
transparent in each of the processes of
the Foundation, including--
``(aa) processes relating
to grant awards, including the
selection, review, and
notification processes;
``(bb) communication of
past, current, and future
research priorities; and
``(cc) plans to solicit and
respond to public input on the
opportunities identified in the
strategic plan;
``(III) a description of financial
goals and benchmarks for the next 10
years, including a detailed plan for
raising funds in amounts greater than
the amounts required under this
section; and
``(IV) other related issues, as
determined by the Board.''; and
(4) in subsection (g)(1)--
(A) in the paragraph heading, by striking
``Mandatory funding'' and inserting ``Funding'';
(B) in subparagraph (A)--
(i) by striking ``On the date'' and
inserting the following:
``(i) Establishment funding.--On the
date''; and
(ii) by adding at the end the following:
``(ii) Enhanced funding.--On the date of
enactment of the Agriculture Improvement Act of
2018, of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to
the Foundation to carry out this section
$200,000,000, to remain available until
expended.''; and
(C) in subparagraph (B)--
(i) by striking ``The Foundation'' and
inserting the following:
``(i) In general.--The Foundation'';
(ii) in clause (i) (as so designated)--
(I) by striking ``purposes'' and
inserting ``purposes, duties, and
powers''; and
(II) by striking ``non-Federal
matching funds for each expenditure''
and inserting ``matching funds from a
non-Federal source, including a generic
agricultural commodity promotion,
research, and information program'';
and
(iii) by adding at the end the following:
``(ii) Effect.--Nothing in this section
requires the Foundation to require a matching
contribution from an individual grantee as a
condition of receiving a grant under this
section.''.
SEC. 7414. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE MCINTIRE-STENNIS
COOPERATIVE FORESTRY ACT.
Section 2 of Public Law 87-788 (commonly known as the ``McIntire-
Stennis Cooperative Forestry Act'') (16 U.S.C. 582a-1) is amended in
the second sentence--
(1) by striking ``and'' before ``1890 Institutions''; and
(2) by inserting ``and 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)) that offer an
associate's degree or a baccalaureate degree in forestry,''
before ``and (b)''.
SEC. 7415. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.
(a) In General.--Section 7606 of the Agricultural Act of 2014 (7
U.S.C. 5940) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as to
appear in alphabetical order;
(2) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Industrial Hemp Research''; and
(3) by adding at the end the following:
``(c) Study and Report.--
``(1) In general.--The Secretary shall conduct a study of
agricultural pilot programs--
``(A) to determine the economic viability of the
domestic production and sale of industrial hemp; and
``(B) that shall include a review of--
``(i) each agricultural pilot program; and
``(ii) any other agricultural or academic
research relating to industrial hemp.
``(2) Report.--Not later than 120 days after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report describing the results of the study conducted
under paragraph (1).''.
(b) Repeal.--Effective on the date that is 1 year after the date on
which the Secretary establishes a plan under section 297C of the
Agricultural Marketing Act of 1946, section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940) is repealed.
SEC. 7416. COLLECTION OF DATA RELATING TO BARLEY AREA PLANTED AND
HARVESTED.
For all acreage reports published after the date of enactment of
this Act, the Secretary, acting through the Administrator of the
National Agricultural Statistics Service, shall include the State of
New York in the States surveyed to produce the table entitled ``Barley
Area Planted and Harvested'' in those reports.
SEC. 7417. COLLECTION OF DATA RELATING TO THE SIZE AND LOCATION OF
DAIRY FARMS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary, acting through the Administrator
of the Economic Research Service, shall update the report entitled
``Changes in the Size and Location of US Dairy Farms'' contained in the
report of the Economic Research Service entitled ``Profits, Costs, and
the Changing Structure of Dairy Farming'' and published in September
2007.
(b) Requirement.--In updating the report described in subsection
(a), the Secretary shall include an expanded Table 2 of that report
containing the full range of herd sizes that are detailed in Table 1 of
that report.
SEC. 7418. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1632b) is amended--
(1) in subsection (e)(1), by striking ``subsection (i)''
and inserting ``subsection (h)'';
(2) by striking subsection (g);
(3) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(4) in subsection (h) (as so redesignated), by striking
``is authorized'' and all that follows through ``2018'' and
inserting ``are authorized to be appropriated such sums as are
necessary to carry out this section''.
SEC. 7419. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.
(a) In General.--Section 3(d) of the Smith-Lever Act (7 U.S.C.
343(d)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(d) Administration, Technical, and Extension Services.--
``(1) In general.--The Secretary'';
(2) in paragraph (1) (as designated by paragraph (1)), by
striking the second sentence; and
(3) by adding at the end the following:
``(2) Competitive funding.--The Secretary of Agriculture
may provide funding, on a competitive basis, to--
``(A) a college or university eligible to receive
funds under the Act of August 30, 1890 (7 U.S.C. 321-
326a and 328), including Tuskegee University; or
``(B) 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)) for--
``(i) the Children, Youth, and Families at
Risk funding program under subsection (b)(3);
and
``(ii) the Federally Recognized Tribes
Extension Program.''.
(b) Conforming Amendments.--
(1) Section 3(f) of the Smith Lever Act (7 U.S.C. 343(f))
is amended--
(A) by striking ``There shall'' and inserting the
following:
``(1) In general.--There shall''; and
(B) by adding at the end the following:
``(2) Exception not applicable.--Paragraph (1) shall not
apply to a 1994 Institution receiving funding under subsection
(d)(2)(B) for the Children, Youth, and Families at Risk funding
program under subsection (b)(3) or for the Federally Recognized
Tribes Extension Program.''.
(2) Section 533(a)(2)(A) 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 clause (ii) and inserting the
following:
``(ii) the Smith-Lever Act (7 U.S.C. 341 et
seq.), except as provided under--
``(I) section 3(b)(3) of that Act
(7 U.S.C. 343(b)(3)); or
``(II) paragraph (2) of section
3(d) of that Act (7 U.S.C. 343(d));
or''.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7501. 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. 7502. 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. 7503. 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. 7504. 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 PROVISIONS
SEC. 7511. 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 ``to support cooperative
programs between State cooperative extension services and
nonprofit organizations'' and inserting ``to eligible entities
described in subsection (c)'';
(2) in subsection (b)--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
indenting the subparagraphs appropriately;
(C) by striking subparagraph (B) (as so
redesignated) and inserting the following:
``(B) training, including training programs and
workshops, for--
``(i) advocates for individuals who are
engaged in farming, ranching, and other
occupations relating to agriculture; and
``(ii) other individuals and entities that
may assist individuals who--
``(I) are engaged in farming,
ranching, and other occupations
relating to agriculture; and
``(II) are in crisis;'';
(D) in subparagraph (C) (as so redesignated), by
adding ``and'' after the semicolon at the end;
(E) in subparagraph (D) (as so redesignated), by
striking ``activities; and'' and inserting
``activities, including the dissemination of
information and materials; or'';
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``be used to initiate'' and
inserting the following: ``be used--
``(1) to initiate''; and
(G) by adding at the end the following:
``(2) to enter into contracts, on a multiyear basis, with
community-based, direct-service organizations to initiate,
expand, or sustain programs described in paragraph (1) and
subsection (a).''; and
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) Eligible Recipients.--The Secretary may award a grant under
this section to--
``(1) a State department of agriculture;
``(2) a State cooperative extension service;
``(3) a qualified nonprofit organization, as determined by
the Secretary;
``(4) an entity providing appropriate services, as
determined by the Secretary, in 1 or more States; or
``(5) a partnership carried out by 2 or more entities
described in paragraphs (1) through (4).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.
``(e) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination
with the Secretary of Health and Human Services, shall submit
to Congress and any other relevant Federal department or
agency, and make publicly available, a report describing the
state of behavioral and mental health of individuals who are
engaged in farming, ranching, and other occupations relating to
agriculture.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) an inventory and assessment of efforts to
support the behavioral and mental health of individuals
who are engaged in farming, ranching, and other
occupations relating to agriculture by--
``(i) the Federal Government, States, and
units of local government;
``(ii) communities comprised of those
individuals;
``(iii) healthcare providers;
``(iv) State cooperative extension
services; and
``(v) other appropriate entities, as
determined by the Secretary;
``(B) a description of the challenges faced by
individuals who are engaged in farming, ranching, and
other occupations relating to agriculture that may
impact the behavioral and mental health of farmers and
ranchers;
``(C) a description of how the Department of
Agriculture can improve coordination and cooperation
with Federal health departments and agencies, including
the Department of Health and Human Services, the
Substance Abuse and Mental Health Services
Administration, the Health Resources and Services
Administration, the Centers for Disease Control and
Prevention, and the National Institutes of Health, to
best address the behavioral and mental health of
individuals who are engaged in farming, ranching, and
other occupations relating to agriculture;
``(D) a long-term strategy for responding to the
challenges described under subparagraph (B) and
recommendations based on best practices for further
action to be carried out by appropriate Federal
departments or agencies to improve Federal Government
response and seek to prevent suicide among individuals
who are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(E) an evaluation of the impact of suicide among
individuals who are engaged in farming, ranching, and
other occupations relating to agriculture on--
``(i) the agricultural workforce;
``(ii) agricultural production;
``(iii) rural families and communities; and
``(iv) succession planning.''.
SEC. 7512. 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. 7513. 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''.
SEC. 7514. MECHANIZATION AND AUTOMATION FOR SPECIALTY CROPS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a review of the
programs of the Department of Agriculture that affect the production or
processing of specialty crops.
(b) Requirements.--The review under subsection (a) shall identify--
(1) programs that currently are, or previously have been,
effectively used to accelerate the development and use of
automation or mechanization in the production or processing of
specialty crops; and
(2) programs that may be more effectively used to
accelerate the development and use of automation or
mechanization in the production or processing of specialty
crops.
(c) Strategy.--With respect to programs identified under subsection
(b), the Secretary shall develop and implement a strategy to accelerate
the development and use of automation and mechanization in the
production or processing of specialty crops.
Subtitle F--Matching Funds Requirement
SEC. 7601. MATCHING FUNDS REQUIREMENT.
(a) Repeal.--Subtitle P of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) is repealed.
(b) Conforming Amendments.--
(1) National agricultural research, extension, and teaching
policy act of 1977.--
(A) National agricultural research, extension,
education, and economics advisory board.--Section
1408(c)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123(c)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B) the annual establishment of national
priorities, as determined by the Board;''.
(B) Grants to enhance research capacity in schools
of veterinary medicine.--Section 1415(a) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3151(a)) is amended--
(i) by striking ``The Secretary'' and
inserting the following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Matching requirement.--A State receiving a grant
under paragraph (1) shall provide State matching funds equal to
not less than the amount of the grant.''.
(C) Aquaculture assistance grant program.--Section
1475(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3322(b)) is amended by striking ``The Secretary'' and
all that follows through the period at the end and
inserting the following:
``(1) In general.--Subject to paragraph (3), the Secretary
may make competitive grants to entities eligible for grants
under paragraph (2) for research and extension to facilitate or
expand promising advances in the production and marketing of
aquacultural food species and products and to enhance the
safety and wholesomeness of those species and products,
including the development of reliable supplies of seed stock
and therapeutic compounds.
``(2) Eligible entities.--The Secretary may make a
competitive grant under paragraph (1) to--
``(A) a land-grant or seagrant college or
university;
``(B) a State agricultural experiment station;
``(C) a college, university, or Federal laboratory
having a demonstrable capacity to conduct aquacultural
research, as determined by the Secretary; or
``(D) a nonprofit private research institution.
``(3) Matching state grants.--
``(A) In general.--Except as provided in
subparagraph (B), the Secretary shall not make a grant
under paragraph (1) unless the State in which the grant
recipient is located makes a grant to that recipient in
an amount equal to not less than the amount of the
grant under paragraph (1) (of which State amount an in-
kind contribution shall not exceed 50 percent).
``(B) Federal laboratories.--Subparagraph (A) shall
not apply to a grant to a Federal laboratory.''.
(2) Food, agriculture, conservation, and trade act of
1990.--
(A) Federal-state matching grant program.--Section
1623(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by
striking the second sentence.
(B) Agricultural genome initiative.--Section 1671
of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5924) (as amended by section 7208) is
amended--
(i) by redesignating subsection (f) as
subsection (g); and
(ii) by inserting after subsection (e) the
following:
``(f) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect
to a grant or cooperative agreement under this section that
provides a particular benefit to a specific agricultural
commodity, the recipient of funds under the grant or
cooperative agreement shall provide non-Federal matching funds
(including funds from a generic agricultural commodity
promotion, research, and information program) equal to not less
than the amount provided under the grant or cooperative
agreement.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a
particular benefit to a specific agricultural
commodity, but those results are likely to be
applicable to agricultural commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important
research; and
``(ii) the recipient is unable to satisfy the
matching funds requirement.''.
(C) High-priority research and extension
initiatives.--Section 1672(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(a))
is amended--
(i) by striking ``The Secretary of
Agriculture'' and inserting the following:
``(1) In general.--The Secretary of Agriculture'';
(ii) in paragraph (1) (as so designated),
in the second sentence, by striking ``The
Secretary shall'' and inserting the following:
``(3) Consultation.--The Secretary shall''; and
(iii) by inserting after paragraph (1) the
following:
``(2) Matching funds requirement.--
``(A) In general.--Subject to subparagraph (C), an
entity receiving a grant under paragraph (1) shall
provide non-Federal matching funds (including funds
from a generic agricultural commodity promotion,
research, and information program) equal to not less
than the amount of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind
support.
``(C) Waiver.--The Secretary may waive the matching
funds requirement under subparagraph (A) with respect
to a research project if the Secretary determines
that--
``(i) the results of the project are of a
particular benefit to a specific agricultural
commodity, but those results are likely to be
applicable to agricultural commodities
generally; or
``(ii)(I) the project--
``(aa) involves a minor commodity;
and
``(bb) deals with scientifically
important research; and
``(II) the recipient is unable to satisfy
the matching funds requirement.''.
(D) Organic agriculture research and extension
initiative.--Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b)
(as amended by section 7210) is amended--
(i) by redesignating subsections (c), (d),
and (e) as subsections (d), (e), and (f),
respectively; and
(ii) by inserting after subsection (b) the
following:
``(c) Matching Requirement.--
``(1) In general.--Subject to paragraph (3), an entity
receiving a grant under subsection (a) shall provide non-
Federal matching funds (including funds from a generic
agricultural commodity promotion, research, and information
program) equal to not less than the amount of the grant.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a
particular benefit to a specific agricultural
commodity, but those results are likely to be
applicable to agricultural commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important
research; and
``(ii) the recipient is unable to satisfy the
matching funds requirement.''.
(3) Agricultural research, extension, and education reform
act of 1998.--
(A) Integrated research, education, and extension
competitive grants program.--Section 406 of the
Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7626) is amended--
(i) by redesignating subsections (d) and
(e) as subsections (e) and (f), respectively;
and
(ii) by inserting after subsection (c) the
following:
``(d) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect
to a grant under this section that provides a particular
benefit to a specific agricultural commodity, the recipient of
the grant shall provide non-Federal matching funds (including
funds from a generic agricultural commodity promotion,
research, and information program) equal to not less than the
amount of the grant.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a
particular benefit to a specific agricultural
commodity, but those results are likely to be
applicable to agricultural commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important
research; and
``(ii) the recipient is unable to satisfy the
matching funds requirement.''.
(B) Specialty crop research initiative.--Section
412(g) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7632(g)) is
amended--
(i) by redesignating paragraph (3) as
paragraph (4); and
(ii) by inserting after paragraph (2) the
following:
``(3) Matching requirement.--
``(A) In general.--An entity receiving a grant
under this section shall provide non-Federal matching
funds (including funds from a generic agricultural
commodity promotion, research, and information program)
equal to not less than the amount of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind
support.''.
(4) Other laws.--
(A) Sun grant program.--Section 7526(c)(1)(C)(iv)
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8114(c)(1)(C)(iv)) is amended by striking
subclause (IV).
(B) Agriculture and food research initiative.--
Subsection (b)(9) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C. 3157(b)(9)) is
amended--
(i) in subparagraph (A), by striking clause
(iii);
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``clauses (ii) and (iii),'' and
inserting ``clause (ii),''; and
(II) by striking clause (iii); and
(iii) by adding at the end the following:
``(C) Applied research.--An entity receiving a
grant under paragraph (5)(B) for applied research that
is commodity-specific and not of national scope shall
provide non-Federal matching funds equal to not less
than the amount of the grant.''.
(c) Application of Amendments.--
(1) Grants awarded after october 1, 2018.--The amendments
made by subsections (a) and (b) shall apply with respect to
grants described in subsection (b) that are awarded after
October 1, 2018.
(2) Grants awarded on or before october 1, 2018.--
Notwithstanding the amendments made by subsections (a) and (b),
a matching funds requirement in effect on the day before the
date of enactment of this Act under a provision of law amended
by subsection (a) or (b) shall continue to apply to a grant
described in subsection (b) that is awarded on or before
October 1, 2018.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
SEC. 8101. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
(a) In General.--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 encourage
collaborative, science-based restoration of priority forest landscapes.
``(b) Definitions.--In this section:
``(1) 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).
``(2) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means land that--
``(A) is rural, as determined by the Secretary;
``(B) has existing tree cover or is suitable for
growing trees; and
``(C) is owned by any private individual, group,
association, corporation, Indian tribe, or other
private legal entity.
``(3) State forest land.--The term `State forest land'
means land that--
``(A) is rural, as determined by the Secretary; and
``(B) is under State or local governmental
ownership and considered to be non-Federal forest land.
``(c) Establishment.--The Secretary, in consultation with State
foresters or appropriate State agencies, shall establish a competitive
grant program to provide financial and technical assistance to
encourage collaborative, science-based restoration of priority forest
landscapes.
``(d) Eligibility.--To be eligible to receive a grant under this
section, an applicant shall submit to the Secretary, through the State
forester or appropriate State agency, a State and private forest
landscape-scale restoration proposal based on a restoration strategy
that--
``(1) is complete or substantially complete;
``(2) is for a multiyear period;
``(3) covers nonindustrial private forest land or State
forest land;
``(4) is accessible by wood-processing infrastructure; and
``(5) is based on the best available science.
``(e) Plan Criteria.--A State and private forest landscape-scale
restoration proposal submitted under this section shall include plans--
``(1) to reduce the risk of uncharacteristic wildfires;
``(2) to improve fish and wildlife habitats, including the
habitats of threatened and endangered species;
``(3) to maintain or improve water quality and watershed
function;
``(4) to mitigate invasive species, insect infestation, and
disease;
``(5) to improve important forest ecosystems;
``(6) to measure ecological and economic benefits,
including air quality and soil quality and productivity; and
``(7) to take other relevant actions, as determined by the
Secretary.
``(f) Priorities.--In making grants under this section, the
Secretary shall give priority to plans that--
``(1) further a statewide forest assessment and resource
strategy;
``(2) promote cross boundary landscape collaboration; and
``(3) leverage public and private resources.
``(g) Collaboration and Consultation.--The Chief of the Forest
Service, the Chief of the Natural Resources Conservation Service, and
relevant stakeholders shall collaborate and consult on an ongoing basis
regarding--
``(1) administration of the program established under this
section; and
``(2) identification of other applicable resources for
landscape-scale restoration.
``(h) Matching Funds Required.--As a condition of receiving a grant
under this section, the Secretary shall require the recipient of the
grant to provide funds or in-kind support from non-Federal sources in
an amount that is at least equal to the amount of Federal funds.
``(i) Coordination and Proximity Encouraged.--In making grants
under this section, the Secretary may consider coordination with and
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 under--
``(1) the Collaborative Forest Landscape Restoration
Program established under section 4003 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303);
``(2) landscape areas designated for insect and disease
treatments under section 602 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591a);
``(3) good neighbor authority under section 19;
``(4) stewardship end result contracting projects
authorized under section 604 of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6591c);
``(5) appropriate State-level programs; and
``(6) other relevant programs, as determined by the
Secretary.
``(j) Regulations.--The Secretary shall promulgate such regulations
as the Secretary determines necessary to carry out this section.
``(k) Report.--Not later than 3 years after the date of enactment
of 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 a report on--
``(1) the status of development, execution, and
administration of selected projects;
``(2) the accounting of program funding expenditures; and
``(3) specific accomplishments that have resulted from
landscape-scale projects.
``(l) Fund.--
``(1) In general.--There is established in the Treasury a
fund, to be known as the `State and Private Forest Landscape-
Scale Restoration Fund' (referred to in this subsection as the
`Fund'), to be used by the Secretary to make grants under this
section.
``(2) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (3).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000 for each fiscal year
beginning with the first full fiscal year after the date of
enactment of this subsection through fiscal year 2023, to
remain available until expended.''.
(b) Conforming Amendments.--
(1) Section 13B of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by
striking ``sections 13A and 13B'' and inserting ``section
13A''.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
SEC. 8201. REPEAL OF RECYCLING RESEARCH.
Section 9 of the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.
Section 10 of the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1649) is repealed.
Subtitle C--Global Climate Change Prevention Act of 1990
SEC. 8301. REPEALS.
(a) Biomass Energy Demonstration Projects.--Section 2410 of the
Global Climate Change Prevention Act of 1990 (7 U.S.C. 6708) is
repealed.
(b) Interagency Cooperation to Maximize Biomass Growth.--Section
2411 of the Global Climate Change Prevention Act of 1990 (7 U.S.C.
6709) is amended in the matter preceding paragraph (1) by striking
``to--'' and all that follows through ``such forests and lands'' in
paragraph (2) and inserting ``to develop a program to manage forests
and land on Department of Defense military installations''.
Subtitle D--Healthy Forests Restoration Act of 2003
SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6513) is amended by adding at the end the following:
``(e) Cross-boundary Hazardous Fuel Reduction Projects.--
``(1) Definitions.--In this subsection:
``(A) Hazardous fuel reduction project.--The term
`hazardous fuel reduction project' means a hazardous
fuel reduction project described in paragraph (2).
``(B) Non-federal land.--The term `non-Federal
land' includes--
``(i) State land;
``(ii) county land;
``(iii) Tribal land;
``(iv) private land; and
``(v) other non-Federal land.
``(2) Grants.--The Secretary may make grants to State
foresters to support hazardous fuel reduction projects that
incorporate treatments in landscapes across ownership
boundaries on Federal and 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.
``(3) Land treatments.--To conduct and fund treatments for
hazardous fuel reduction projects carried out by State
foresters using grants under paragraph (2), the Secretary may
use the authorities of the Secretary relating to cooperation
and technical and financial assistance, including the good
neighbor authority under--
``(A) section 8206 of the Agricultural Act of 2014
(16 U.S.C. 2113a); and
``(B) section 331 of the Department of the Interior
and Related Agencies Appropriations Act, 2001 (16
U.S.C. 1011 note; Public Law 106-291).
``(4) Cooperation.--In carrying out a hazardous fuel
reduction project using a grant under paragraph (2) on non-
Federal land, the State forester, in consultation with the
Secretary--
``(A) shall consult with any applicable owners of
the non-Federal land; and
``(B) shall not implement the hazardous fuel
reduction project on non-Federal land without the
consent of the owner of the non-Federal land.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS FUEL REDUCTION
ON FEDERAL LAND.
Section 108 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6518) is amended by striking ``$760,000,000 for each fiscal
year'' and inserting ``$660,000,000 for each of fiscal years 2019
through 2023''.
SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
(a) In General.--Section 203 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6531) is repealed.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 203.
SEC. 8404. WATER SOURCE PROTECTION PROGRAM.
(a) In General.--Title III of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at the end the
following:
``SEC. 303. WATER SOURCE PROTECTION PROGRAM.
``(a) Definitions.--In this section:
``(1) End water user.--The term `end water user' means a
non-Federal entity, including--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe;
``(D) a utility;
``(E) a municipal water system;
``(F) an irrigation district;
``(G) a nonprofit organization; and
``(H) a corporation.
``(2) Forest management activity.--The term `forest
management activity' means a project carried out by the
Secretary on National Forest System land.
``(3) Forest plan.--The term `forest plan' means a land
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).
``(4) Non-federal partner.--The term `non-Federal partner'
means an end water user with whom the Secretary has entered
into a partnership agreement under subsection (c)(1).
``(5) Program.--The term `Program' means the Water Source
Protection Program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest Service.
``(7) Water source management plan.--The term `water source
management plan' means the water source management plan
developed under subsection (d)(1).
``(b) Establishment.--The Secretary shall establish and maintain a
program, to be known as the `Water Source Protection Program', to carry
out watershed protection and restoration projects on National Forest
System land.
``(c) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Program, the
Secretary may enter into water source investment partnership
agreements with end water users to protect and restore the
condition of National Forest watersheds that provide water to
the end water users.
``(2) Form.--A partnership agreement described in paragraph
(1) may take the form of--
``(A) a memorandum of understanding;
``(B) a cost-share or collection agreement;
``(C) a long-term funding matching commitment; or
``(D) another appropriate instrument, as determined
by the Secretary.
``(d) Water Source Management Plan.--
``(1) In general.--In carrying out the Program, the
Secretary, in cooperation with the non-Federal partners and
applicable State, local, and Tribal governments, may develop a
water source management plan that describes the proposed
implementation of watershed protection and restoration projects
under the Program.
``(2) Requirement.--A water source management plan shall be
conducted in a manner consistent with the forest plan
applicable to the National Forest System land on which the
watershed protection and restoration project is carried out.
``(3) Environmental analysis.--The Secretary may conduct a
single environmental impact statement or similar analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)--
``(A) for each watershed protection and restoration
project included in the water source management plan;
or
``(B) as part of the development of, or after the
finalization of, the water source management plan.
``(e) Forest Management Activities.--
``(1) In general.--To the extent that forest management
activities are necessary to protect, maintain, or enhance water
quality, and in accordance with paragraph (2), the Secretary
shall carry out forest management activities as part of
watershed protection and restoration projects carried out on
National Forest System land, with the primary purpose of--
``(A) protecting a municipal water supply system;
``(B) restoring forest health from insect
infestations and disease; or
``(C) any combination of the purposes described in
subparagraphs (A) and (B).
``(2) Compliance.--The Secretary shall carry out forest
management activities under paragraph (1) in accordance with--
``(A) this Act;
``(B) the applicable water source management plan;
``(C) the applicable forest plan; and
``(D) other applicable laws.
``(f) Endangered Species Act of 1973.--In carrying out the Program,
the Secretary may use the Manual on Adaptive Management of the
Department of the Interior, including any associated guidance, to
comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
``(g) Funds and Services.--
``(1) In general.--In carrying out the Program, the
Secretary may accept and use funding, services, and other forms
of investment and assistance from non-Federal partners to
implement the water source management plan.
``(2) Matching funds required.--The Secretary shall require
the contribution of funds or in-kind support from non-Federal
partners to be in an amount that is at least equal to the
amount of Federal funds.
``(3) Manner of use.--The Secretary may accept and use
investments described in paragraph (1) directly or indirectly
through the National Forest Foundation.
``(4) Water source protection fund.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary may establish a Water
Source Protection Fund to match funds or in-kind
support contributed by non-Federal partners under
paragraph (1).
``(B) Use of appropriated funds.--There is
authorized to be appropriated to carry out this section
$10,000,000 for each of fiscal years 2019 through 2023.
``(C) Partnership agreements.--The Secretary may
make multiyear commitments, if necessary, to implement
1 or more partnership agreements under subsection
(c).''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 303 and
inserting the following:
``Sec. 303. Water Source Protection Program.''.
SEC. 8405. WATERSHED CONDITION FRAMEWORK.
(a) In General.--Title III of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a)) is
amended by adding at the end the following:
``SEC. 304. WATERSHED CONDITION FRAMEWORK.
``(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
`Secretary'), shall establish and maintain a Watershed Condition
Framework for National Forest System land--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire
regime, risk of catastrophic fire, forest and rangeland
vegetation, invasive species, and insects and disease;
and
``(H) other significant factors, as determined by
the Secretary;
``(2) to identify for protection and restoration up to 5
priority watersheds in each National Forest, and up to 2
priority watersheds in each national grassland, taking into
consideration the impact of the condition of the watershed
condition on--
``(A) wildfire behavior;
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by
the Secretary;
``(3) to develop a watershed protection and restoration
action plan for each priority watershed that--
``(A) takes into account existing restoration
activities being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for
the impaired condition of the watershed;
``(ii) a set of essential projects that,
once completed, will address the identified
stressors and improve watershed conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding
sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize protection and restoration activities
for each watershed restoration action plan;
``(5) to implement each watershed protection and
restoration action plan; and
``(6) to monitor the effectiveness of protection and
restoration actions and indicators of watershed health.
``(b) Coordination.--In carrying out subsection (a), the Secretary
shall--
``(1) coordinate with interested non-Federal landowners and
State, Tribal, and local governments within the relevant
watershed; and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding paragraph (2) of
subsection (a), the Secretary may identify a watershed as a priority
for rehabilitation in the Watershed Condition Framework without using
the process described in that subsection if a Forest Supervisor
determines that--
``(1) a wildfire has significantly diminished the condition
of the watershed; and
``(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) (as amended by section 8404(b)) is amended by inserting after the
item relating to section 303 the following:
``Sec. 304. Watershed Condition Framework.''.
SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT
INFESTATIONS AND RELATED DISEASES.
(a) In General.--Section 406 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6556) is amended to read as follows:
``SEC. 406. TERMINATION OF EFFECTIVENESS.
``The authority provided by this title terminates effective October
1, 2023.''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 406 and
inserting the following:
``Sec. 406. Termination of effectiveness.''.
SEC. 8407. HEALTHY FORESTS RESERVE PROGRAM REAUTHORIZATION.
Section 508(b) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6578(b)) is amended--
(1) in the subsection heading, by striking ``2018'' and
inserting ``2023''; and
(2) by striking ``2018.'' and inserting ``2023.''.
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION OF TREATMENT
AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591a) is amended by striking subsection (f).
SEC. 8409. ADMINISTRATIVE REVIEW OF COLLABORATIVE RESTORATION PROJECTS.
Section 603(c) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591b(c)) is amended by adding at the end the following:
``(4) Extraordinary circumstances.--The Secretary shall
apply the extraordinary circumstances procedures under section
220.6 of title 36, Code of Federal Regulations (or successor
regulations), when using the categorical exclusion under this
section.''.
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST INVENTORY
AND ANALYSIS.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 note;
Public Law 113-79) is repealed.
SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.
Section 1243(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624) is amended by
striking ``annually'' and inserting ``for each of fiscal years 2019
through 2023''.
SEC. 8503. NATIONAL FOREST FOUNDATION ACT.
(a) Matching Funds.--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. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is
amended by striking ``2016'' and inserting ``2023''.
Subtitle F--Forest Management
SEC. 8601. DEFINITIONS.
In this subtitle:
(1) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
PART I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND MULE DEER
HABITAT.
(a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the
following:
``SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND MULE DEER
HABITAT.
``(a) Definitions.--In this section:
``(1) Covered vegetation management activity.--
``(A) In general.--The term `covered vegetation
management activity' means any activity described in
subparagraph (B) that--
``(i)(I) is carried out on National Forest
System land administered by the Forest Service;
or
``(II) is carried out on public land
administered by the Bureau of Land Management;
``(ii) with respect to public land, meets
the objectives of the order of the Secretary of
the Interior numbered 3336 and dated January 5,
2015;
``(iii) conforms to an applicable forest
plan or land use plan;
``(iv) protects, restores, or improves
greater sage-grouse or mule deer habitat in a
sagebrush steppe ecosystem as described in--
``(I) Circular 1416 of the United
States Geological Survey entitled
`Restoration Handbook for Sagebrush
Steppe Ecosystems with Emphasis on
Greater Sage-Grouse Habitat--Part 1.
Concepts for Understanding and Applying
Restoration' (2015); or
``(II) the habitat guidelines for
mule deer published by the Mule Deer
Working Group of the Western
Association of Fish and Wildlife
Agencies;
``(v) will not permanently impair--
``(I) the natural state of the
treated area;
``(II) outstanding opportunities
for solitude;
``(III) outstanding opportunities
for primitive, unconfined recreation;
``(IV) economic opportunities
consistent with multiple-use
management; or
``(V) the identified values of a
unit of the National Landscape
Conservation System;
``(vi)(I) restores native vegetation
following a natural disturbance;
``(II) prevents the expansion into greater
sage-grouse or mule deer habitat of--
``(aa) juniper, pinyon pine, or
other associated conifers; or
``(bb) nonnative or invasive
vegetation;
``(III) reduces the risk of loss of greater
sage-grouse or mule deer habitat from wildfire
or any other natural disturbance; or
``(IV) provides emergency stabilization of
soil resources after a natural disturbance; and
``(vii) provides for the conduct of
restoration treatments that--
``(I) maximize the retention of
old-growth and large trees, as
appropriate for the forest type;
``(II) consider the best available
scientific information to maintain or
restore the ecological integrity,
including maintaining or restoring
structure, function, composition, and
connectivity;
``(III) are developed and
implemented through a collaborative
process that--
``(aa) includes multiple
interested persons representing
diverse interests; and
``(bb)(AA) is transparent
and nonexclusive; or
``(BB) meets the
requirements for a resource
advisory committee under
subsections (c) through (f) of
section 205 of the Secure Rural
Schools and Community Self-
Determination Act of 2000 (16
U.S.C. 7125); and
``(IV) may include the
implementation of a proposal that
complies with the eligibility
requirements of the Collaborative
Forest Landscape Restoration Program
under section 4003(b) of the Omnibus
Public Land Management Act of 2009 (16
U.S.C. 7303(b)).
``(B) Description of activities.--An activity
referred to in subparagraph (A) is--
``(i) manual cutting and removal of juniper
trees, pinyon pine trees, other associated
conifers, or other nonnative or invasive
vegetation;
``(ii) mechanical mastication, cutting, or
mowing, mechanical piling and burning,
chaining, broadcast burning, or yarding;
``(iii) removal of cheat grass, medusa head
rye, or other nonnative, invasive vegetation;
``(iv) collection and seeding or planting
of native vegetation using a manual,
mechanical, or aerial method;
``(v) seeding of nonnative, noninvasive,
ruderal vegetation only for the purpose of
emergency stabilization;
``(vi) targeted use of an herbicide,
subject to the condition that the use shall be
in accordance with applicable legal
requirements, Federal agency procedures, and
land use plans;
``(vii) targeted livestock grazing to
mitigate hazardous fuels and control noxious
and invasive weeds;
``(viii) temporary removal of wild horses
or burros in the area in which the activity is
being carried out to ensure treatment
objectives are met;
``(ix) in coordination with the affected
permit holder, modification or adjustment of
permissible usage under an annual plan of use
of a grazing permit issued by the Secretary
concerned to achieve restoration treatment
objectives;
``(x) installation of new, or modification
of existing, fencing or water sources intended
to control use or improve wildlife habitat; or
``(xi) necessary maintenance of, repairs
to, rehabilitation of, or reconstruction of an
existing permanent road or construction of
temporary roads to accomplish the activities
described in this subparagraph.
``(C) Exclusions.--The term `covered vegetation
management activity' does not include--
``(i) any activity conducted in a
wilderness area or wilderness study area;
``(ii) any activity for the construction of
a permanent road or permanent trail;
``(iii) any activity conducted on Federal
land on which, by Act of Congress or
Presidential proclamation, the removal of
vegetation is restricted or prohibited;
``(iv) any activity conducted in an area in
which activities under subparagraph (B) would
be inconsistent with the applicable land and
resource management plan; or
``(v) any activity conducted in an
inventoried roadless area.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect
to public land.
``(3) Temporary road.--The term `temporary road' means a
road that is--
``(A) authorized--
``(i) by a contract, permit, lease, other
written authorization; or
``(ii) pursuant to an emergency operation;
``(B) not intended to be part of the permanent
transportation system of a Federal department or
agency;
``(C) not necessary for long-term resource
management;
``(D) designed in accordance with standards
appropriate for the intended use of the road, taking
into consideration--
``(i) safety;
``(ii) the cost of transportation; and
``(iii) impacts to land and resources; and
``(E) managed to minimize--
``(i) erosion; and
``(ii) the introduction or spread of
invasive species.
``(b) Categorical Exclusion.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary concerned shall
develop a categorical exclusion (as defined in section 1508.4
of title 40, Code of Federal Regulations (or a successor
regulation)) for covered vegetation management activities
carried out to protect, restore, or improve habitat for greater
sage-grouse or mule deer.
``(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary
concerned shall--
``(A) comply with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.);
``(B) with respect to National Forest System land,
apply the extraordinary circumstances procedures under
section 220.6 of title 36, Code of Federal Regulations
(or successor regulations), in determining whether to
use the categorical exclusion;
``(C) with respect to public land, apply the
extraordinary circumstances procedures under section
46.215 of title 43, Code of Federal Regulations (or
successor regulations), in determining whether to use
the categorical exclusion; and
``(D) consider--
``(i) the relative efficacy of landscape-
scale habitat projects;
``(ii) the likelihood of continued declines
in the populations of greater sage-grouse and
mule deer in the absence of landscape-scale
vegetation management; and
``(iii) the need for habitat restoration
activities after wildfire or other natural
disturbances.
``(c) Implementation of Covered Vegetative Management Activities
Within the Range of Greater Sage-grouse and Mule Deer.--If the
categorical exclusion developed under subsection (b) is used to
implement a covered vegetative management activity in an area within
the range of both greater sage-grouse and mule deer, the covered
vegetative management activity shall protect, restore, or improve
habitat concurrently for both greater sage-grouse and mule deer.
``(d) Long-term Monitoring and Maintenance.--Before commencing any
covered vegetation management activity that is covered by the
categorical exclusion under subsection (b), the Secretary concerned
shall develop a long-term monitoring and maintenance plan, covering at
least the 20-year period beginning on the date of commencement, to
ensure that management of the treated area does not degrade the habitat
gains secured by the covered vegetation management activity.
``(e) Disposal of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by the categorical
exclusion under subsection (b) may be--
``(1) used for--
``(A) fuel wood; or
``(B) other products; or
``(2) piled or burned, or both.
``(f) Treatment for Temporary Roads.--
``(1) In general.--Notwithstanding subsection
(a)(1)(B)(xi), any temporary road constructed in carrying out a
covered vegetation management activity that is covered by the
categorical exclusion under subsection (b)--
``(A) shall be used by the Secretary concerned for
the covered vegetation management activity for not more
than 2 years; and
``(B) shall be decommissioned by the Secretary
concerned not later than 3 years after the earlier of
the date on which--
``(i) the temporary road is no longer
needed; and
``(ii) the project is completed.
``(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
``(A) as soon as practicable; but
``(B) not later than 10 years after the date of
completion of the applicable covered vegetation
management activity.
``(g) Limitations.--
``(1) Project size.--A covered vegetation management
activity that is covered by the categorical exclusion under
subsection (b) may not exceed 3,000 acres.
``(2) Location.--A covered vegetation management activity
carried out on National Forest System land that is covered by
the categorical exclusion under subsection (b) shall be limited
to areas designated under section 602(b), as of the date of
enactment of this section.''.
(b) Conforming Amendments.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by adding at the end of the items relating to title VI
the following:
``Sec. 602. Designation of treatment areas.
``Sec. 603. Administrative review.
``Sec. 604. Stewardship end result contracting projects.
``Sec. 605. Wildfire resilience projects.
``Sec. 606. Categorical exclusion for greater sage-grouse and mule deer
habitat.''.
PART II--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL PARCELS
OF NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3 of
Public Law 97-465 (commonly known as the ``Small Tract Act of 1983'')
(16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by
striking ``$150,000'' and inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public Law 97-465
(16 U.S.C. 521e) (as amended by subsection (a)) is amended--
(1) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) parcels of 40 acres or less that are determined by
the Secretary--
``(A) to be physically isolated from other Federal
land;
``(B) to be inaccessible; or
``(C) to have lost National Forest character;
``(5) parcels of 10 acres or less that are not eligible for
conveyance under paragraph (2) but are encroached on by a
permanent habitable improvement for which there is no evidence
that the encroachment was intentional or negligent; or
``(6) parcels used as a cemetery (including a parcel of not
more than 1 acre adjacent to the parcel used as a cemetery), a
landfill, or a sewage treatment plant under a special use
authorization issued or otherwise authorized by the
Secretary.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-465 (16
U.S.C. 521d) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary is authorized'' and inserting the following:
``(a) Conveyance Authority; Consideration.--The Secretary is
authorized'';
(2) in paragraph (2), in the second sentence, by striking
``The Secretary shall insert'' and inserting the following:
``(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.--
``(1) In general.--The Secretary shall insert'';
(3) in subsection (b) (as so designated)--
(A) by striking ``convenants'' and inserting
``covenants''; and
(B) in the second sentence by striking ``The
preceding sentence shall not'' and inserting the
following:
``(2) Limitation.--Paragraph (1) shall not''; and
(4) by adding at the end the following:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from
any sale or exchange conducted under paragraph (4), (5), or (6)
of section 3 shall be deposited in the fund established under
Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C.
484a).
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended for--
``(A) the acquisition of land or interests in land
for administrative sites for the National Forest System
in the State from which the amounts were derived;
``(B) the acquisition of land or interests in land
for inclusion in the National Forest System in that
State, including land or interests in land that enhance
opportunities for recreational access; or
``(C) the reimbursement of the Secretary for costs
incurred in preparing a sale conducted under the
authority of section 3 if the sale is a competitive
sale.''.
SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) is
amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Termination of Effectiveness.--The authority provided to the
Secretary to carry out this section terminates effective October 1,
2023.''.
SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
(a) Definitions.--In this section:
(1) Administrative site.--
(A) In general.--The term ``administrative site''
means--
(i) any facility or improvement, including
curtilage, that was acquired or is used
specifically for purposes of administration of
the National Forest System;
(ii) any Federal land that--
(I) is associated with a facility
or improvement described in clause (i)
that was acquired or is used
specifically for purposes of
administration of Forest Service
activities; and
(II) underlies or abuts the
facility or improvement; and
(iii) for each fiscal year, not more than
10 isolated, undeveloped parcels of not more
than 40 acres each.
(B) Exclusions.--The term ``administrative site''
does not include--
(i) any land within a unit of the National
Forest System that is exclusively designated
for natural area or recreational purposes;
(ii) any land within--
(I) a component of the National
Wilderness Preservation System;
(II) a component of the National
Wild and Scenic Rivers System; or
(III) a National Monument; or
(iii) any Federal land that the Secretary
determines--
(I) is needed for resource
management purposes or to provide
access to other land or water; or
(II) would be in the public
interest not to lease.
(2) Facility or improvement.--The term ``facility or
improvement'' includes--
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) any other administrative installation for
conducting Forest Service activities.
(3) Market analysis.--The term ``market analysis'' means
the identification and study of the market for a particular
economic good or service.
(b) Authorization.--The Secretary may lease an administrative site
that is under the jurisdiction of the Secretary in accordance with this
section.
(c) Identification of Eligible Sites.--A regional forester, in
consultation with forest supervisors in the region, may submit to the
Secretary a recommendation for administrative sites in the region that
the regional forester considers eligible for leasing under this
section.
(d) Consultation With Local Government and Public Notice.--Before
making an administrative site available for lease under this section,
the Secretary shall--
(1) consult with government officials of the community and
of the State in which the administrative site is located; and
(2) provide public notice of the proposed lease.
(e) Lease Requirements.--
(1) Size.--An administrative site or compound of
administrative sites under a single lease under this section
may not exceed 40 acres.
(2) Configuration of administrative sites.--
(A) In general.--To facilitate the lease of an
administrative site under this section, the Secretary
may configure the administrative site--
(i) to maximize the marketability of the
administrative site; and
(ii) to achieve management objectives.
(B) Separate treatment of facility or
improvement.--A facility or improvement on an
administrative site to be leased under this section may
be severed from the land and leased under a separate
lease under this section.
(3) Consideration.--
(A) In general.--A person to which a lease of an
administrative site is made under this section shall
provide to the Secretary consideration described in
subparagraph (B) in an amount that is not less than the
market value of the administrative site, as determined
in accordance with subparagraph (C).
(B) Form of consideration.--The consideration
referred to in subparagraph (A) may be--
(i) cash;
(ii) in-kind, including--
(I) the construction of new
facilities or improvements, the title
to which shall be transferred by the
lessee to the Secretary;
(II) the maintenance, repair,
improvement, or restoration of existing
facilities or improvements; and
(III) other services relating to
activities that occur on the
administrative site, as determined by
the Secretary; or
(iii) any combination of the consideration
described in clauses (i) and (ii).
(C) Determination of market value.--
(i) In general.--The Secretary shall
determine the market value of an administrative
site to be leased under this section--
(I) by conducting an appraisal in
accordance with--
(aa) the Uniform Appraisal
Standards for Federal Land
Acquisitions established in
accordance with the Uniform
Relocation Assistance and Real
Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et
seq.); and
(bb) the Uniform Standards
of Professional Appraisal
Practice; or
(II) by competitive lease.
(ii) In-kind consideration.--The Secretary
shall determine the market value of any in-kind
consideration under subparagraph (B)(ii).
(4) Conditions.--The lease of an administrative site under
this section shall be subject to such conditions, including
bonding, as the Secretary determines to be appropriate.
(5) Right of first refusal.--Subject to terms and
conditions that the Secretary determines to be necessary, the
Secretary shall offer to lease an administrative site to the
municipality or county in which the administrative site is
located before seeking to lease the administrative site to any
other person.
(f) Relation to Other Laws.--
(1) Federal property disposal.--Chapter 5 of title 40,
United States Code, shall not apply to the lease of an
administrative site under this section.
(2) Lead-based paint and asbestos abatement.--
(A) In general.--Notwithstanding any provision of
law relating to the mitigation or abatement of lead-
based paint or asbestos-containing building materials,
the Secretary shall not be required to mitigate or
abate lead-based paint or asbestos-containing building
materials with respect to an administrative site to be
leased under this section.
(B) Procedures.--With respect to an administrative
site to be leased under this section that has lead-
based paint or asbestos-containing building materials,
the Secretary shall--
(i) provide notice to the person to which
the administrative site will be leased of the
presence of the lead-based paint or asbestos-
containing building material; and
(ii) obtain written assurance from that
person that the person will comply with
applicable Federal, State, and local laws
relating to the management of lead-based paint
and asbestos-containing building materials.
(3) Environmental review.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the
lease of an administrative site under this section, except
that, in any environmental review or analysis required under
that Act for the lease of an administrative site under this
section, the Secretary shall be required only--
(A) to analyze the most reasonably foreseeable use
of the administrative site, as determined through a
market analysis;
(B) to determine whether to include any conditions
under subsection (e)(4); and
(C) to evaluate the alternative of not leasing the
administrative site in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(4) Compliance with local laws.--A person that leases an
administrative site under this section shall comply with all
applicable State and local zoning laws, building codes, and
permit requirements for any construction activities that occur
on the administrative site.
(g) Use of Consideration.--Cash consideration for a lease of an
administrative site under this section shall be available to the
Secretary, until expended and without further appropriation, to pay--
(1) any necessary and incidental costs incurred by the
Secretary in connection with--
(A) the acquisition, improvement, maintenance,
reconstruction, or construction of a facility or
improvement for the National Forest System; and
(B) the lease of an administrative site under this
section; and
(2) reasonable commissions or fees for brokerage services
obtained in connection with the lease, subject to the
conditions that the Secretary--
(A) determines that the services are in the public
interest; and
(B) shall provide public notice of any brokerage
services contract entered into in connection with a
lease under this section.
(h) Congressional Notifications.--
(1) Anticipated use of authority.--As part of the annual
budget justification documents provided to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate, the Secretary shall
include--
(A) a list of the anticipated leases to be made,
including the anticipated revenue that may be obtained,
under this section;
(B) a description of the intended use of any
revenue obtained under a lease under this section,
including a list of any projects that cost more than
$500,000; and
(C) a description of accomplishments during
previous years using the authority of the Secretary
under this section.
(2) Changes to lease list.--If the Secretary desires to
lease an administrative site under this section that is not
included on a list provided under paragraph (1)(A), the
Secretary shall submit to the congressional committees
described in paragraph (3) a notice of the proposed lease,
including the anticipated revenue that may be obtained from the
lease.
(3) Use of authority.--Not less frequently than once each
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and the Committee
on Natural Resources of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry, the
Committee on Appropriations, and the Committee on Energy and
Natural Resources of the Senate a report describing each lease
made by the Secretary under this section during the period
covered by the report.
(i) Expiration of Authority.--
(1) In general.--The authority of the Secretary to make a
lease of an administrative site under this section expires on
October 1, 2023.
(2) Effect on lease agreement.--Paragraph (1) shall not
affect the authority of the Secretary to carry out this section
in the case of any lease agreement that was entered into by the
Secretary before October 1, 2023.
SEC. 8624. GOOD NEIGHBOR AUTHORITY.
(a) Inclusion of Indian Tribes.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(A), by striking ``land and non-Federal
land'' and inserting ``land, non-Federal land, and land owned
by an Indian tribe'';
(2) in paragraph (5), by inserting ``or Indian tribe''
after ``affected State'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) 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).''.
(b) Inclusion of Counties.--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 inserting ``or county,
as applicable,'' after ``Governor'';
(B) by redesignating paragraphs (2) through (9) (as
amended by subsection (a)) as paragraphs (3) through
(10), respectively;
(C) by inserting after paragraph (1) the following:
``(2) County.--The term `county' means--
``(A) the appropriate executive official of an
affected county; or
``(B) in any case in which multiple counties are
affected, the appropriate executive official of a
compact of the affected counties.''; and
(D) in paragraph (5) (as so redesignated), by
inserting ``or county, as applicable,'' after
``Governor''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or county''
after ``Governor'';
(B) in paragraph (2)(A), by striking ``cooperative
agreement or contract entered into under subsection
(a)'' and inserting ``good neighbor agreement'';
(C) in paragraph (3), by inserting ``or county''
after ``Governor''; and
(D) by adding at the end the following:
``(4) Receipts.--Notwithstanding any other provision of
law, any payment made by a county to the Secretary under a
project conducted under a good neighbor agreement shall not be
considered to be monies received from National Forest System
land or Bureau of Land Management land, as applicable.''.
SEC. 8625. WILDLAND-URBAN INTERFACE.
To the maximum extent practicable, the Secretary shall prioritize
the expenditure of hazardous fuels funding for projects within the
wildland-urban interface (as defined in section 101 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6511)).
SEC. 8626. CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND ADJUSTMENT.
(a) Findings.--Congress finds that--
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that are inefficient to
manage or have lost their principal value for National Forest
purposes;
(2) the disposal of that National Forest System land would
be in the public interest; and
(3) proceeds from the sale of National Forest System land
under subsection (b)(1) would be used best by the Forest
Service to purchase land for National Forest purposes in the
State of Georgia.
(b) Land Conveyance Authority.--
(1) In general.--Under such terms and conditions as the
Secretary may prescribe, the Secretary may sell or exchange any
or all rights, title, and interest of the United States in and
to the National Forest System land described in paragraph
(2)(A).
(2) Land authorized for disposal.--
(A) In general.--The National Forest System land
referred to in paragraph (1) is the 30 tracts of land
totaling approximately 3,841 acres that are generally
depicted on the 2 maps entitled ``Priority Land
Adjustments, State of Georgia, U.S. Forest Service-
Southern Region, Oconee and Chattahoochee National
Forests, U.S. Congressional Districts-8, 9, 10 & 14''
and dated September 24, 2013.
(B) Maps.--The maps described in subparagraph (A)
shall be on file and available for public inspection in
the Office of the Forest Supervisor, Chattahoochee-
Oconee National Forest, until such time as the land is
sold or exchanged.
(C) Modification of boundaries.--The Secretary may
modify the boundaries of the National Forest System
land described in subparagraph (A) based on land
management considerations.
(3) Form of conveyance.--
(A) Quitclaim deed.--The Secretary shall convey
National Forest System land sold or exchanged under
paragraph (1) by quitclaim deed.
(B) Reservations.--The Secretary may reserve any
rights-of-way or other rights or interests in National
Forest System land sold or exchanged under paragraph
(1) that the Secretary considers necessary for
management purposes or to protect the public interest.
(4) Valuation.--
(A) Market value.--The Secretary may not sell or
exchange National Forest System land under paragraph
(1) for less than market value, as determined by
appraisal or through competitive bid.
(B) Appraisal requirements.--Any appraisal under
subparagraph (A) shall be--
(i) consistent with the Uniform Appraisal
Standards for Federal Land Acquisitions or the
Uniform Standards of Professional Appraisal
Practice; and
(ii) subject to the approval of the
Secretary.
(5) Consideration.--
(A) Cash.--Consideration for a sale of National
Forest System land or equalization of an exchange under
paragraph (1) shall be paid in cash.
(B) Exchange.--Notwithstanding section 206(b) of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)), the Secretary may accept a cash
equalization payment in excess of 25 percent of the
value of any National Forest System land exchanged
under paragraph (1).
(6) Method of sale.--
(A) Options.--The Secretary may sell National
Forest System land under paragraph (1) at public or
private sale, including competitive sale by auction,
bid, or otherwise, in accordance with such terms,
conditions, and procedures as the Secretary determines
are in the best interest of the United States.
(B) Solicitations.--The Secretary may--
(i) make public or private solicitations
for the sale or exchange of National Forest
System land under paragraph (1); and
(ii) reject any offer that the Secretary
determines is not adequate or not in the public
interest.
(7) Brokers.--The Secretary may--
(A) use brokers or other third parties in the sale
or exchange of National Forest System land under
paragraph (1); and
(B) from the proceeds of a sale, pay reasonable
commissions or fees.
(c) Treatment of Proceeds.--
(1) Deposit.--Subject to subsection (b)(7)(B), the
Secretary shall deposit the proceeds of a sale or a cash
equalization payment received from the sale or exchange of
National Forest System land under subsection (b)(1) in the fund
established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(2) Availability.--Subject to paragraph (3), amounts
deposited under paragraph (1) shall be available to the
Secretary until expended, without further appropriation, for
the acquisition of land for National Forest purposes in the
State of Georgia.
(3) Private property protection.--Nothing in this section
authorizes the use of funds deposited under paragraph (1) to be
used to acquire land without the written consent of the owner
of the land.
SEC. 8627. TENNESSEE WILDERNESS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Areas and Additions-Cherokee National
Forest'' and dated January 20, 2010.
(2) State.--The term ``State'' means the State of
Tennessee.
(b) Additions to Cherokee National Forest.--
(1) Designation of wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels
of Federal land in the Cherokee National Forest in the State
are designated as wilderness and as additions to the National
Wilderness Preservation System:
(A) Certain land comprising approximately 9,038
acres, as generally depicted as the ``Upper Bald River
Wilderness'' on the Map and which shall be known as the
``Upper Bald River Wilderness''.
(B) Certain land comprising approximately 348
acres, as generally depicted as the ``Big Frog
Addition'' on the Map and which shall be incorporated
in, and shall be considered to be a part of, the Big
Frog Wilderness.
(C) Certain land comprising approximately 630
acres, as generally depicted as the ``Little Frog
Mountain Addition NW'' on the Map and which shall be
incorporated in, and shall be considered to be a part
of, the Little Frog Mountain Wilderness.
(D) Certain land comprising approximately 336
acres, as generally depicted as the ``Little Frog
Mountain Addition NE'' on the Map and which shall be
incorporated in, and shall be considered to be a part
of, the Little Frog Mountain Wilderness.
(E) Certain land comprising approximately 2,922
acres, as generally depicted as the ``Sampson Mountain
Addition'' on the Map and which shall be incorporated
in, and shall be considered to be a part of, the
Sampson Mountain Wilderness.
(F) Certain land comprising approximately 4,446
acres, as generally depicted as the ``Big Laurel Branch
Addition'' on the Map and which shall be incorporated
in, and shall be considered to be a part of, the Big
Laurel Branch Wilderness.
(G) Certain land comprising approximately 1,836
acres, as generally depicted as the ``Joyce Kilmer-
Slickrock Addition'' on the Map and which shall be
incorporated in, and shall be considered to be a part
of, the Joyce Kilmer-Slickrock Wilderness.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the
date of enactment of this Act, the Secretary shall file
maps and legal descriptions of the wilderness areas
designated by paragraph (1) with the appropriate
committees of Congress.
(B) Public availability.--The maps and legal
descriptions filed under subparagraph (A) shall be on
file and available for public inspection in the office
of the Chief of the Forest Service and the office of
the Supervisor of the Cherokee National Forest.
(C) Force of law.--The maps and legal descriptions
filed under subparagraph (A) shall have the same force
and effect as if included in this Act, except that the
Secretary may correct typographical errors in the maps
and descriptions.
(3) Administration.--
(A) In general.--Subject to valid existing rights,
the Federal land designated as wilderness by paragraph
(1) shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), except that any reference in that Act to the
effective date of that Act shall be deemed to be a
reference to the date of enactment of this Act.
(B) Fish and wildlife management.--In accordance
with section 4(d)(7) of the Wilderness Act (16 U.S.C.
1133(d)(7)), nothing in this section affects the
jurisdiction of the State with respect to fish and
wildlife management, including the regulation of
hunting, fishing, and trapping, in the wilderness areas
designated by paragraph (1).
SEC. 8628. ADDITIONS TO ROUGH MOUNTAIN AND RICH HOLE WILDERNESSES.
(a) Rough Mountain Addition.--Section 1 of Public Law 100-326 (16
U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is
amended by adding at the end the following:
``(21) Rough mountain addition.--Certain land in the George
Washington National Forest comprising approximately 1,000
acres, as generally depicted as the `Rough Mountain Addition'
on the map entitled `GEORGE WASHINGTON NATIONAL FOREST - South
half - Alternative I - Selected Alternative Management
Prescriptions - Land and Resources Management Plan Final
Environmental Impact Statement' and dated March 4, 2014, which
is incorporated in the Rough Mountain Wilderness Area
designated by paragraph (1).''.
(b) Rich Hole Addition.--
(1) Potential wilderness designation.--In furtherance of
the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the George Washington National Forest
comprising approximately 4,600 acres, as generally depicted as
the ``Rich Hole Addition'' on the map entitled ``GEORGE
WASHINGTON NATIONAL FOREST - South half - Alternative I -
Selected Alternative Management Prescriptions - Land and
Resources Management Plan Final Environmental Impact
Statement'' and dated March 4, 2014, is designated as a
potential wilderness area for incorporation in the Rich Hole
Wilderness Area designated by section 1(2) of Public Law 100-
326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123
Stat. 1002).
(2) Wilderness designation.--The potential wilderness area
designated by paragraph (1) shall be designated as wilderness
and incorporated in the Rich Hole Wilderness Area designated by
section 1(2) of Public Law 100-326 (16 U.S.C. 1132 note; 102
Stat. 584; 114 Stat. 2057; 123 Stat. 1002) on the earlier of--
(A) the date on which the Secretary publishes in
the Federal Register notice that the activities
permitted under paragraph (4) have been completed; or
(B) the date that is 5 years after the date of
enactment of this Act.
(3) Management.--Except as provided in paragraph (4), the
Secretary shall manage the potential wilderness area designated
by paragraph (1) in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(4) Water quality improvement activities.--
(A) In general.--To enhance natural ecosystems
within the potential wilderness area designated by
paragraph (1) by implementing certain activities to
improve water quality and aquatic passage, as set forth
in the Forest Service document entitled ``Decision
Notice for the Lower Cowpasture Restoration and
Management Project'' and dated December 2015, the
Secretary may use motorized equipment and mechanized
transport in the potential wilderness area until the
date on which the potential wilderness area is
incorporated into the Rich Hole Wilderness Area under
paragraph (2).
(B) Requirement.--In carrying out subparagraph (A),
the Secretary, to the maximum extent practicable, shall
use the minimum tool or administrative practice
necessary to carry out that subparagraph with the least
amount of adverse impact on wilderness character and
resources.
SEC. 8629. KISATCHIE NATIONAL FOREST LAND CONVEYANCE.
(a) Finding.--Congress finds that it is in the public interest to
authorize the conveyance of certain Federal land in the Kisatchie
National Forest in the State of Louisiana for market value
consideration.
(b) Definitions.--In this section:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) State.--The term ``State'' means the State of
Louisiana.
(c) Authorization of Conveyances, Kisatchie National Forest,
Louisiana.--
(1) Authorization.--
(A) In general.--Subject to valid existing rights
and paragraph (2), the Secretary may convey the Federal
land described in subparagraph (B) by quitclaim deed at
public or private sale, including competitive sale by
auction, bid, or other methods.
(B) Description of land.--The Federal land referred
to in subparagraph (A) consists of--
(i) all Federal land within sec. 9, T. 10
N., R. 5 W., Winn Parish, Louisiana; and
(ii) a 2.16-acre parcel of Federal land
located in the SW\1/4\ of sec. 4, T. 10 N., R.
5 W., Winn Parish, Louisiana, as depicted on a
certificate of survey dated March 7, 2007, by
Glen L. Cannon, P.L.S. 4436.
(2) First right of purchase.--Subject to valid existing
rights and subsection (e), during the 1-year period beginning
on the date of enactment of this Act, on the provision of
consideration by the Collins Camp Properties to the Secretary,
the Secretary shall convey, by quitclaim deed, to Collins Camp
Properties all right, title, and interest of the United States
in and to--
(A) the not more than 47.92 acres of Federal land
comprising the Collins Campsites within sec. 9, T. 10
N., R. 5 W., in Winn Parish, Louisiana, as generally
depicted on a certificate of survey dated February 28,
2007, by Glen L. Cannon, P.L.S. 4436; and
(B) the parcel of Federal land described in
paragraph (1)(B)(ii).
(3) Terms and conditions.--The Secretary may--
(A) configure the Federal land to be conveyed under
this section--
(i) to maximize the marketability of the
conveyance; or
(ii) to achieve management objectives; and
(B) establish any terms and conditions for the
conveyances under this section that the Secretary
determines to be in the public interest.
(4) Consideration.--Consideration for a conveyance of
Federal land under this section shall be--
(A) in the form of cash; and
(B) in an amount equal to the market value of the
Federal land being conveyed, as determined under
paragraph (5).
(5) Market value.--The market value of the Federal land
conveyed under this section shall be determined--
(A) in the case of Federal land conveyed under
paragraph (2), by an appraisal that is--
(i) conducted in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) approved by the Secretary; or
(B) if conveyed by a method other than the methods
described in paragraph (2), by competitive sale.
(6) Hazardous substances.--
(A) In general.--In any conveyance of Federal land
under this section, the Secretary shall meet disclosure
requirements for hazardous substances, but shall
otherwise not be required to remediate or abate the
substances.
(B) Effect.--Except as provided in subparagraph
(A), nothing in this subsection affects the application
of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.) to the conveyances of Federal land.
(d) Proceeds From the Sale of Land.--The Secretary shall deposit
the proceeds of a conveyance of Federal land under subsection (c) in
the fund established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(e) Administration.--
(1) Costs.--As a condition of a conveyance of Federal land
to Collins Camp Properties under subsection (c), the Secretary
shall require Collins Camp Properties to pay at closing--
(A) reasonable appraisal costs; and
(B) the cost of any administrative and
environmental analyses required by law (including
regulations).
(2) Permits.--
(A) In general.--An offer by Collins Camp
Properties for the acquisition of the Federal land
under subsection (c) shall be accompanied by a written
statement from each holder of a Forest Service special
use authorization with respect to the Federal land that
specifies that the holder agrees to relinquish the
special use authorization on the conveyance of the
Federal land to Collins Camp Properties.
(B) Special use authorizations.--If any holder of a
special use authorization described in subparagraph (A)
fails to provide a written authorization in accordance
with that subparagraph, the Secretary shall require, as
a condition of the conveyance, that Collins Camp
Properties administer the special use authorization
according to the terms of the special use authorization
until the date on which the special use authorization
expires.
SEC. 8630. PURCHASE OF NATURAL RESOURCES CONSERVATION SERVICE PROPERTY,
RIVERSIDE COUNTY, CALIFORNIA.
(a) Findings.--Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately 8.75
acres, more specifically described in subsection (b)(1) (in
this section referred to as the ``property'').
(2) The property is under the jurisdiction of the
Department of Agriculture and has been variously used for
research and plant materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service of the Department of
Agriculture.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California Public
Resources Code.
(5) The Conservation District wishes to purchase the
property and use it for conservation, environmental, and
related educational purposes.
(6) As provided in subsection (b), the purchase of the
property by the Conservation District would promote the
conservation education and related activities of the
Conservation District and result in savings to the Federal
Government.
(b) Land Purchase, Natural Resources Conservation Service Property,
Riverside County, California.--
(1) Purchase authorized.--The Secretary shall sell and
quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation
District'') all right, title, and interest of the United States
in and to a parcel of real property, including improvements
thereon, that is located at 4500 Glenwood Drive in Riverside,
California, consists of approximately 8.75 acres, and is
administered by the Natural Resources Conservation Service of
the Department of Agriculture. As necessary or desirable to
facilitate the purchase of the property under this subsection,
the Secretary or the Conservation District may survey all or
portions of the property.
(2) Consideration.--As consideration for the purchase of
the property under this subsection, the Conservation District
shall pay to the Secretary an amount equal to the appraised
value of the property.
(3) Prohibition on reservation of interest.--The Secretary
shall not reserve any future interest in the property to be
conveyed under this subsection, except such interest as may be
acceptable to the Conservation District.
(4) Hazardous substances.--Notwithstanding section 120(h)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), in the case of the
property purchased by the Conservation District under this
subsection, the Secretary shall be only required to meet the
disclosure requirements for hazardous substances, pollutants,
or contaminants, but shall otherwise not be required to
remediate or abate any such releases of hazardous substances,
pollutants, or contaminants, including petroleum and petroleum
derivatives.
(5) Cooperative authority.--
(A) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to,
the purchase of the property by the Conservation
District under this subsection, the Secretary may enter
into leases, contracts and cooperative agreements with
the Conservation District.
(B) Sole source.--Notwithstanding sections 3105,
3301, and 3303 to 3305 of title 41, United States Code,
or any other provision of law, the Secretary may lease
real property from the Conservation District on a
noncompetitive basis.
(C) Non-exclusive authority.--The authority
provided by this subsection is in addition to any other
authority of the Secretary.
SEC. 8631. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) Reauthorization.--Section 4003(f)(6) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking
``$40,000,000 for each of fiscal years 2009 through 2019'' and
inserting ``$80,000,000 for each of fiscal years 2019 through 2023''.
(b) Reporting Requirements.--Section 4003(h) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(h)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;''; and
(5) by adding at the end the following:
``(6) the Committee on Agriculture of the House of
Representatives.''.
SEC. 8632. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) National forest system land.--
(A) In general.--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)).
(B) Exclusions.--The term ``National Forest System
land'' does not include--
(i) a National Grassland; or
(ii) a land utilization project on land
designated as a National Grassland and
administered pursuant to sections 31, 32, and
33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010, 1011, 1012).
(2) Passing wildfire.--The term ``passing wildfire'' means
a wildfire that originates outside of a right-of-way.
(3) Pilot program.--The term ``pilot program'' means the
pilot program established by the Secretary under subsection
(b).
(4) Right-of-way.--The term ``right-of-way'' means a
special use authorization issued by the Forest Service allowing
the placement of utility infrastructure.
(5) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural gas
infrastructure, or related structures.
(b) Establishment.--To encourage owners or operators of rights-of-
way on National Forest System land to partner with the Forest Service
to voluntarily conduct vegetation management projects on a proactive
basis to better protect utility infrastructure from potential passing
wildfires, the Secretary may establish a limited, voluntary pilot
program, in the manner described in this section, to conduct vegetation
management projects on National Forest System land adjacent to or near
those rights-of-way.
(c) Eligible Participants.--
(1) In general.--A participant in the pilot program shall
be the owner or operator of a right-of-way on National Forest
System land.
(2) Selection priority.--In selecting participants for the
pilot program, the Secretary shall give priority to an owner or
operator of a right-of-way that has worked with Forest Service
fire scientists and used technologies, such as light detection
and ranging surveys, to improve utility infrastructure
protection prescriptions.
(d) Vegetation Management Projects.--
(1) In general.--A vegetation management project conducted
under the pilot program shall involve only limited and
selective vegetation management activities that--
(A) shall create the least disturbance reasonably
necessary to protect utility infrastructure from
passing wildfires based on applicable models, including
Forest Service fuel models;
(B) may include thinning, fuel reduction, creation
and treatment of shaded fuel breaks, and other
appropriate measures;
(C) shall only be conducted on National Forest
System land--
(i) adjacent to the right-of-way of a
participant; or
(ii) within 75 feet of the right-of-way of
a participant; and
(D) shall not be conducted on--
(i) a component of the National Wilderness
Preservation System;
(ii) a designated wilderness study area; or
(iii) an inventoried roadless area.
(2) Approval.--Each vegetation management project described
in paragraph (1) (including each vegetation management activity
described in subparagraphs (A) through (D) of that paragraph)
shall be subject to approval by the Forest Service in
accordance with this section.
(e) Project Costs.--
(1) In general.--Except as provided in paragraph (2), a
participant in the pilot program shall be responsible for all
costs, as determined by the Secretary, incurred in
participating in the pilot program.
(2) Federal funding.--The Secretary may contribute funds
for a vegetation management project conducted under the pilot
program if the Secretary determines that the contribution is in
the public interest.
(f) Liability.--
(1) In general.--Participation in the pilot program shall
not affect any 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 conducted under the pilot program.
(2) Project work.--A participant in the pilot program shall
not be liable to the United States for damage proximately
caused by an activity conducted pursuant to an approved
vegetation management project conducted under the pilot
program, unless--
(A) the activity was 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 participation in the pilot program.
(g) Implementation.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall use the authority of the Secretary under other
laws (including regulations) to carry out the pilot program.
(2) Modification of regulations.--In order to implement the
pilot program in an efficient and expeditious manner, the
Secretary may waive or modify specific provisions of the
Federal Acquisition Regulation, including waivers or
modifications to allow for the formation of contracts or
agreements on a noncompetitive basis.
(h) 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 funds retained under paragraph (1), in such amounts
as may be appropriated, to carry out the pilot program.
(i) Report to Congress.--Not later than December 31, 2020, and 2
years thereafter, the Secretary shall submit a report describing the
status of the pilot program and vegetation management projects
conducted under the pilot program to--
(1) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(2) the Committee on Agriculture of the House of
Representatives.
(j) Duration.--The authority to carry out the pilot program,
including any vegetation management project conducted under the pilot
program, expires on October 1, 2023.
SEC. 8633. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND CONVEYANCE.
(a) Definition of Alliance.--In this section, the term ``Alliance''
means the Scenic Rivers Development Alliance.
(b) Request.--Subject to the requirements of this section, if the
Alliance submits a written request for conveyance by not later than 180
days after the date of enactment of this Act and the Secretary
determines that it is in the public interest to convey the National
Forest System Land described in subsection (c), the Secretary shall
convey to the Alliance all right, title, and interest of the United
States in and to the National Forest System land described in
subsection (c) by quitclaim deed through a public or private sale,
including a competitive sale by auction or bid.
(c) Description of National Forest System Land.--
(1) In general.--Subject to paragraph (2), the National
Forest System land referred to in subsection (b) is the
approximately 150 acres of real property located in sec. 6, T.
5 N. R. 4 E., Franklin County, Mississippi, and further
described as--
(A) the portion of the NW\1/4\ NW\1/4\ lying south
of the south boundary of Berrytown Road;
(B) the portion of the W\1/2\ NE\1/4\ NW\1/4\ lying
south of the south boundary of Berrytown Road;
(C) the portion of the SW\1/4\ NW\1/4\ lying east
of the east boundary of U.S. Highway 98;
(D) the W\1/2\ SE\1/4\ NW\1/4\;
(E) the portion of the NW\1/4\ SW\1/4\ lying east
of the east boundary of U.S. Highway 98;
(F) the portion of the NE\1/4\ SW\1/4\ commencing
at the southwest corner of the NE\1/4\ SW\1/4\, said
point being the point of beginning, thence running east
330 feet along the south boundary of the NE\1/4\ SW\1/
4\ to a point in Lake Okhissa, thence running
northeasterly to a point in Lake Okhissa on the east
boundary of the NE\1/4\ SW\1/4\ 330 feet south of the
northeast corner thereof, thence running north 330 feet
along the east boundary of the NE\1/4\ SW\1/4\ to the
northeast corner thereof, thence running west along the
north boundary of the NE\1/4\ SW\1/4\ to the NW corner
thereof; thence running south along the west boundary
of the NE\1/4\ SW\1/4\ to the point of beginning; and
(G) the portion of the SE\1/4\ SE\1/4\ NW\1/4\
commencing at the southeast corner of the SE\1/4\ NW\1/
4\, said point being the point of beginning, and
running northwesterly to the northwest corner of the
SE\1/4\ SE1\/4\ NW\1/4\, thence running south along the
west boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to the
southwest corner thereof, thence running east along the
south boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to the
point of beginning.
(2) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under this section
shall be determined by a survey satisfactory to the Secretary.
(d) Consideration.--
(1) In general.--The consideration for the conveyance of
any National Forest System land under this section shall be--
(A) provided in the form of cash; and
(B) in an amount equal to the fair market value of
the National Forest System land being conveyed, as
determined under paragraph (2).
(2) Fair market value determination.--The fair market value
of the National Forest System land conveyed under this section
shall be determined--
(A) in the case of a method of conveyance described
in subsection (b), by an appraisal that is--
(i) conducted in accordance with the
Uniform Appraisal Standards for Federal Land
Acquisitions; and
(ii) approved by the Secretary; or
(B) in the case of a conveyance by a method other
than a method described in subsection (b), by
competitive sale.
(e) Terms and Conditions.--The conveyance under this section shall
be subject to--
(1) valid existing rights; and
(2) such other terms and conditions as the Secretary
considers to be appropriate to protect the interests of the
United States.
(f) Proceeds From Sale.--The Secretary shall deposit the proceeds
of the conveyance of any National Forest System land under this section
in the fund established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(g) Costs.--As a condition for the conveyance under this section,
the Secretary shall require the Alliance to pay at closing--
(1) any reasonable appraisal costs; and
(2) the costs of any administrative or environmental
analysis required by applicable law (including regulations).
SEC. 8634. PRAIRIE DOGS.
(a) In General.--With respect to the grasslands plan guidance of
the Forest Service relating to prairie dogs, the Chief of the Forest
Service shall base policies of the Forest Service on sound ecological
and livestock management principles.
(b) Grazing Allotments.--
(1) In general.--Subject to paragraph (3), not later than
180 days after the date of enactment of this Act, the Chief of
the Forest Service shall complete a report on the percentage of
prairie dogs occupying each total grazing allotment acreage.
(2) Action required.--Not later than 1 year after the date
on which the report under paragraph (1) is completed and
subject to paragraph (3), the Chief of the Forest Service shall
take appropriate action based on the results of that report.
(3) Requirement.--This section, including any actions taken
under paragraph (2), shall apply only to grazing allotments
where prairie dogs are present as of the date of enactment of
this Act.
PART III--TIMBER INNOVATION
SEC. 8641. DEFINITIONS.
In this part:
(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,
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. 8642. 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
at the Forest Products Laboratory or through the State and
Private Forestry deputy area 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 Forest Products Laboratory of the
lifecycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) analyzing methods to reduce the lifecycle 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) 1 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 timeframe.
SEC. 8643. WOOD INNOVATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a public or private entity (including a center
of excellence that consists of 1 or more partnerships
between forestry, engineering, architecture, or
business schools at 1 or more institutions of higher
education); or
(C) a State, local, or Tribal government.
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Chief of the Forest Service.
(b) Grant Program.--
(1) In general.--The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the
notice of the Secretary entitled ``Request for Proposals: 2016
Wood Innovations Funding Opportunity'' (80 Fed. Reg. 63498
(October 20, 2015)), may make a wood innovation grant to 1 or
more eligible entities each year for the purpose of advancing
the use of innovative wood products.
(2) Proposals.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary a proposal at such time, in such manner, and
containing such information as the Secretary may require.
(c) Incentivizing Use of Existing Milling Capacity.--In selecting
among proposals of eligible entities under subsection (b)(2), the
Secretary shall give priority to proposals that include the use or
retrofitting (or both) of existing sawmill facilities located in
counties in which the average annual unemployment rate exceeded the
national average unemployment rate by more than 1 percent in the
previous calendar year.
(d) Matching Requirement.--As a condition of receiving a grant
under subsection (b), an eligible entity shall provide funds equal to
the amount received by the eligible entity under the grant, to be
derived from non-Federal sources.
TITLE IX--ENERGY
SEC. 9101. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101) is amended--
(1) in paragraph (4)(A), by striking ``agricultural
materials'' and inserting ``agricultural materials, renewable
chemicals,'';
(2) in paragraph (7)(A), by striking ``into biofuels and
biobased products'' and inserting the following: ``or an
intermediate ingredient or feedstock of renewable biomass into
any 1 or more, or a combination, of--
``(i) biofuels;
``(ii) renewable chemicals; or
``(iii) biobased products''; and
(3) in paragraph (16)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``(B)'' and inserting ``(C)''; and
(ii) by striking ``that--'' in the matter
preceding clause (i) and all that follows
through the period at the end of clause (ii)
and inserting ``that produces usable energy
from a renewable energy source.'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) Inclusions.--The term `renewable energy
system' includes--
``(i) distribution components necessary to
move energy produced by a system described in
subparagraph (A) to the initial point of sale;
and
``(ii) other components and ancillary
infrastructure of a system described in
subparagraph (A), such as a storage system.''.
SEC. 9102. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8102) is amended--
(1) in subsection (a)(2)(A)(i)(III), by inserting ``,
acting through the rural development mission area (referred to
in this section as the `Secretary')'' before the period at the
end;
(2) in subsection (b)(2)(A), by adding at the end the
following:
``(iii) Renewable chemicals.--Not later
than 90 days after the date of enactment of
this clause, the Secretary shall update the
criteria issued under clause (i) to provide
criteria for determining which renewable
chemicals may qualify to receive the label
under paragraph (1).'';
(3) in subsection (f), by striking the subsection
designation and all that follows through ``The Secretary'' and
inserting the following:
``(f) Manufacturers of Renewable Chemicals and Biobased Products.--
``(1) NAICS codes.--The Secretary and the Secretary of
Commerce shall jointly develop North American Industry
Classification System codes for--
``(A) renewable chemicals manufacturers; and
``(B) biobased products manufacturers.
``(2) National testing center registry.--The Secretary'';
(4) by redesignating subsections (h) through (j) as
subsections (k) through (m), respectively;
(5) by inserting after subsection (g) the following:
``(h) Education and Outreach.--The Secretary, in consultation with
the Administrator, shall provide to appropriate stakeholders education
and outreach relating to--
``(1) the Federal procurement of biobased products under
subsection (a); and
``(2) the voluntary labeling program under subsection (b).
``(i) Streamlining.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish
guidelines for an integrated process under which biobased
products may be, in 1 expedited approval process--
``(A) determined to be eligible for a Federal
procurement preference under subsection (a); and
``(B) approved to use the `USDA Certified Biobased
Product' label under subsection (b).
``(2) Initiation.--The Secretary shall ensure that a review
of a biobased product under the integrated qualification
process established pursuant to paragraph (1) may be initiated
on receipt of a recommendation or petition from a manufacturer,
vendor, or other interested party.
``(3) Product designations.--The Secretary may issue a
product designation pursuant to subsection (a)(3)(B), or
approve the use of the `USDA Certified Biobased Product' label
under subsection (b), through streamlined procedures, which
shall not be subject to chapter 7 of title 5, United States
Code.
``(j) Requirement of Procuring Agencies.--A procuring agency (as
defined in subsection (a)(1)) shall not establish regulations,
guidance, or criteria regarding the procurement of biobased products,
pursuant to this section or any other law, that impose limitations on
that procurement that are more restrictive than the limitations
established by the Secretary under the regulations to implement this
section.''; and
(6) in subsection (l) (as so redesignated)--
(A) in paragraph (1), by striking ``2018'' and
inserting ``2023''; and
(B) in paragraph (2), by striking ``$2,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$3,000,000 for each of fiscal years 2019 through
2023''.
SEC. 9103. BIOREFINERY 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) in subparagraph (A), by striking ``produces an
advanced biofuel'' and inserting the following:
``produces any 1 or more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product'';
(B) in subparagraph (B), by striking ``produces an
advanced biofuel.'' and inserting the following:
``produces any 1 or more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product.''; and
(C) by adding at the end the following:
``(C) a technology for the capture, compression, or
utilization of carbon dioxide that is produced at a
biorefinery producing an advanced biofuel, a renewable
chemical, or a biobased product.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(iii) $100,000,000 for fiscal year 2019;
and
``(iv) $50,000,000 for fiscal year 2020.'';
and
(B) in paragraph (2), by striking ``2018'' and
inserting ``2023''.
SEC. 9104. REPOWERING ASSISTANCE PROGRAM.
Section 9004 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8104) is repealed.
SEC. 9105. BIOENERGY PROGRAM FOR ADVANCED BIOFUEL.
Section 9005(g) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8105(g)) is amended--
(1) in paragraph (1)--
(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) $15,000,000 for each of fiscal years 2019
through 2023.''; and
(2) in paragraph (2), by striking ``$20,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$15,000,000
for each of fiscal years 2019 through 2023''.
SEC. 9106. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d)(2) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8106(d)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 9107. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (e), by striking ``(g)'' each place it
appears and inserting ``(f)'';
(2) by striking subsection (f);
(3) by redesignating subsection (g) as subsection (f); and
(4) in subsection (f) (as so redesignated), in paragraph
(3), by striking ``$20,000,000 for each of fiscal years 2014
through 2018'' and inserting ``$50,000,000 for each of fiscal
years 2019 through 2023''.
SEC. 9108. 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. 9109. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY PRODUCERS.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended, in paragraphs (1)(A) and (2)(A), by
striking ``2018'' each place it appears and inserting ``2023''.
SEC. 9110. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (B)--
(i) in clause (ii)(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:
``(iv) algae.''; and
(B) in subparagraph (C)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through
(vii) as clauses (iv) through (vi),
respectively;
(2) in subsection (b)(2), by inserting ``(including
eligible material harvested for the purpose of hazardous woody
fuel reduction)'' after ``material''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``Of the funds'' and
inserting the following:
``(A) Mandatory funding.--Of the funds'';
(ii) in subparagraph (A) (as so
designated), by striking ``2018'' and inserting
``2023''; and
(iii) by adding at the end the following:
``(B) 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.''; and
(B) in paragraph (3)--
(i) by striking the paragraph designation
and heading and all that follows through
``Effective'' in subparagraph (A) and inserting
the following:
``(3) Technical assistance.--Effective''; and
(ii) by striking subparagraph (B).
SEC. 9111. BIOGAS RESEARCH AND ADOPTION OF BIOGAS SYSTEMS.
Title IX of the Farm Security and Rural Investment Act of 2002 is
amended by inserting after section 9011 (7 U.S.C. 8111) the following:
``SEC. 9012. BIOGAS RESEARCH AND ADOPTION OF BIOGAS SYSTEMS.
``(a) Definitions.--In this section:
``(1) Anaerobic digestion.--The term `anaerobic digestion'
means a biological process or series of biological processes--
``(A) through which microorganisms break down
biodegradable material in the absence of oxygen; and
``(B) the end products of which are biogas and
digested materials.
``(2) Biogas.--The term `biogas' means a mixture of
primarily methane and carbon dioxide produced by the bacterial
decomposition of organic materials in the absence of oxygen.
``(3) Biogas processing.--The term `biogas processing'
means the process by which water, carbon dioxide, and other
trace compounds are removed from biogas, as determined by the
end user.
``(4) Biogas system.--The term `biogas system' means a
system--
``(A) with the potential to capture and use biogas,
including biogas from organic waste, including animal
manure, food waste, waste from landfills, and
wastewater; and
``(B) that includes--
``(i) the infrastructure necessary to
manage the organic waste referred to in
subparagraph (A);
``(ii) the equipment necessary to
generate--
``(I) electricity, heat, or fuel;
and
``(II) biogas system co-products;
and
``(iii) the equipment necessary for biogas
processing.
``(5) Biogas system co-product.--The term `biogas system
co-product' means a nonenergy biogas system product produced
from digested material, including soil amendments, fertilizers,
compost, animal bedding, and feedstock for plastics and
chemicals.
``(6) Digested material.--The term `digested material'
means solid or liquid digested material--
``(A) produced by digesters; and
``(B) that contains nutrients and organic carbon.
``(b) Interagency Biogas Opportunities Task Force.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Agriculture Improvement Act of 2018,
the Secretary, acting jointly with the Secretary of Energy and
the Administrator, shall establish an Interagency Biogas
Opportunities Task Force (referred to in this subsection as the
`Task Force') that shall coordinate policies, programs, and
research to accelerate--
``(A) biogas research; and
``(B) investment in cost-effective biogas systems.
``(2) Membership.--The Task Force shall be composed of--
``(A) the head of each Federal office responsible
for biogas research or biogas system financing (or a
designee), including a representative from the
Department of Agriculture, the Department of Energy,
and the Environmental Protection Agency;
``(B) 1 or more representatives of State or local
governments, as determined by the Secretary, the
Secretary of Energy, and the Administrator;
``(C) 1 or more nongovernmental or industry
stakeholders, including 1 or more stakeholders from
relevant industries, as determined by the Secretary,
the Secretary of Energy, and the Administrator; and
``(D) 1 or more community stakeholders.
``(3) Duties of the task force.--In carrying out paragraph
(1), the Task Force shall--
``(A) evaluate and improve the coordination of loan
and grant programs of the Federal agencies represented
on the Task Force--
``(i) to broaden the financing options
available for biogas systems; and
``(ii) to enhance opportunities for private
financing of biogas systems;
``(B) review Federal procurement guidelines to
ensure that products of biogas systems are eligible for
and promoted by applicable procurement programs of the
Federal Government;
``(C) in coordination with the Secretary of
Commerce, evaluate the development of North American
Industry Classification System and North American
Product Classification System codes for biogas and
biogas system products;
``(D) review opportunities and develop strategies
to overcome barriers to integrating biogas into
electricity and renewable natural gas markets;
``(E) develop tools to broaden the market for
nonenergy biogas system products, including by
developing best management practices for--
``(i) the use and land application of
digestate to maximize recovery of waste
resources and minimize environmental and public
health risks; and
``(ii) the use of carbon dioxide from
biogas processing;
``(F) provide information on the ability of biogas
system products to participate in markets that provide
environmental benefits;
``(G) identify and investigate research gaps in
biogas and anaerobic digestion technology, including
research gaps in environmental benefits, market
assessment, and performance standards;
``(H) assess the most cost-effective voluntary
investments in biogas to reduce waste and methane
emissions; and
``(I) identify and advance additional priorities,
as determined by the Task Force.
``(4) Report.--Not later than 18 months after the date of
the establishment of the Task Force, the Task Force shall
submit to Congress a report that--
``(A) describes the steps taken by the Task Force
to carry out the duties of the Task Force under
paragraph (3); and
``(B) identifies and prioritizes policies and
technology opportunities--
``(i) to expand the biogas industry;
``(ii) to eliminate barriers to investment
in biogas systems in the landfill, livestock,
wastewater, and other relevant sectors; and
``(iii) to enhance opportunities for
private and public sector partnerships to
finance biogas systems.
``(c) Advancement of Biogas Research.--
``(1) Study on biogas.--
``(A) In general.--The Secretary, in coordination
with the Secretary of Energy and the Administrator,
shall enter into an agreement with the National
Renewable Energy Laboratory to conduct a study relating
to biogas.
``(B) Study.--Under the agreement described in
subparagraph (A), the study conducted by the National
Renewable Energy Laboratory shall include an analysis
of--
``(i) barriers to injecting biogas into
existing natural gas pipelines;
``(ii) methods for optimizing biogas
systems, including methods to obtain the
highest energy output from biogas, including
through the use of co-digestion;
``(iii) opportunities for, and barriers to,
the productive use of biogas system co-
products, carbon dioxide from biogas
processing, and recovered nutrients;
``(iv) the optimal configuration of local,
State, or regional infrastructure for the
production of electricity, heat, or fuel from
biogas, including infrastructure for the
aggregation, cleaning, and pipeline injection
of biogas; and
``(v) any other subject relating to biogas,
as determined by the Interagency Biogas
Opportunities Task Force established under
subsection (b)(1).
``(C) Report.--Not later than 2 years after the
date of enactment of the Agriculture Improvement Act of
2018, the Secretary shall submit to Congress a report
on the study conducted under this paragraph.
``(2) Collection of data for biogas markets.--The
Secretary, in coordination with the Secretary of Energy and the
Administrator, shall identify, collect, and analyze
environmental, technical, and economic performance data
relating to biogas systems, including the production of energy
of biogas systems, co-products, greenhouse gas and other
emissions, water quality benefits, and other data necessary to
develop markets for biogas and biogas system co-products.''.
SEC. 9112. COMMUNITY WOOD ENERGY PROGRAM.
Section 9013(e) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8113(e)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 9113. CARBON UTILIZATION EDUCATION PROGRAM.
Title IX of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8101 et seq.) is amended by adding at the end the following:
``SEC. 9014. CARBON UTILIZATION EDUCATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Carbon dioxide.--The term `carbon dioxide' means
carbon dioxide that is produced as a byproduct of the
production of a biobased product.
``(2) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is--
``(i) an organization described in section
501(c)(3) of the Internal Revenue Code of 1986
and exempt from taxation under 501(a) of that
Code; or
``(ii) an institution of higher education
(as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)));
``(B) has demonstrated knowledge about--
``(i) sequestration and utilization of
carbon dioxide; or
``(ii) aggregation of organic waste from
multiple sources into a single biogas system;
and
``(C) has a demonstrated ability to conduct
educational and technical support programs.
``(b) Establishment.--The Secretary, in consultation with the
Secretary of Energy, shall make competitive grants to eligible
entities--
``(1) to provide education to the public about the economic
and emissions benefits of permanent sequestration or
utilization of carbon dioxide; or
``(2) to provide education to biogas producers about
opportunities for aggregation of organic waste from multiple
sources into a single biogas system.
``(c) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use for each of fiscal
years 2019 through 2023--
``(A) $1,000,000 to carry out subsection (b)(1);
and
``(B) $1,000,000 to carry out subsection (b)(2).
``(2) Discretionary funding.--There are authorized to be
appropriated for each of fiscal years 2019 through 2023--
``(A) $1,000,000 to carry out subsection (b)(1);
and
``(B) $1,000,000 to carry out subsection (b)(2).''.
TITLE X--HORTICULTURE
SEC. 10101. 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. 10102. LOCAL AGRICULTURE MARKET PROGRAM.
(a) Purpose.--The purpose of this section is to combine the
purposes and coordinate the functions, as in effect on the day before
the date of enactment of this Act, of--
(1) the Farmers' Market and Local Food Promotion Program
established under section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005); and
(2) the value-added agricultural product market development
grants under section 231(b) of the Agricultural Risk Protection
Act of 2000 (7 U.S.C. 1632a(b)).
(b) Local Agriculture Market Program.--Subtitle A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended
by adding at the end the following:
``SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning
farmer or rancher' has the meaning given the term in section
343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)).
``(2) Direct producer-to-consumer marketing.--The term
`direct producer-to-consumer marketing' has the meaning given
the term `direct marketing from farmers to consumers' in
section 3 of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3002).
``(3) Eligible activity.--The term `eligible activity'
means an activity described in subsection (d)(2) that is
carried out using a grant provided under subsection (d)(1).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a producer;
``(B) a producer network or association;
``(C) a farmer or rancher cooperative;
``(D) an agricultural business entity or majority-
controlled producer-based business venture;
``(E) a food council;
``(F) a local or Tribal government;
``(G) a nonprofit corporation;
``(H) an economic development corporation;
``(I) a public benefit corporation;
``(J) a community supported agriculture network or
association; and
``(K) a regional farmers' market authority.
``(5) Eligible partner.--The term `eligible partner'
means--
``(A) a State agency or regional authority;
``(B) a philanthropic organization;
``(C) a private corporation;
``(D) an institution of higher education;
``(E) a commercial, Federal, or Farm Credit System
lending institution; and
``(F) another entity, as determined by the
Secretary.
``(6) Family farm.--The term `family farm' has the meaning
given the term in section 231(a) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(a)).
``(7) Food council.--The term `food council' means a food
policy council or food and farm system network, as determined
by the Secretary, that--
``(A) represents--
``(i) multiple organizations involved in
the production, processing, and consumption of
food; and
``(ii) local, Tribal, and State
governments; and
``(B) addresses food and farm-related issues and
needs within city, county, State, Tribal region,
multicounty region, or other region designated by the
food council or food system network.
``(8) Majority-controlled producer-based business
venture.--
``(A) In general.--The term `majority-controlled
producer-based business venture' means a venture
greater than 50 percent of the ownership and control of
which is held by--
``(i) 1 or more producers; or
``(ii) 1 or more entities, 100 percent of
the ownership and control of which is held by 1
or more producers.
``(B) Entity described.--For purposes of
subparagraph (A), the term `entity' means--
``(i) a partnership;
``(ii) a limited liability corporation;
``(iii) a limited liability partnership;
and
``(iv) a corporation.
``(9) Mid-tier value chain.--The term `mid-tier value
chain' means a local or regional supply network that links
independent producers with businesses and cooperatives that
market value-added agricultural products in a manner that--
``(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and
ranches that are structured as a family farm; and
``(B) obtains agreement from an eligible
agricultural producer group, farmer or rancher
cooperative, or majority-controlled producer-based
business venture that is engaged in the value chain on
a marketing strategy.
``(10) Partnership.--The term `partnership' means a
partnership entered into under an agreement between--
``(A) 1 or more eligible partners; and
``(B) 1 or more eligible entities.
``(11) Program.--The term `Program' means the Local
Agriculture Market Program established under subsection (b).
``(12) Regional food chain coordination.--The term
`regional food chain coordination' means coordination and
collaboration along the supply chain to increase connections
between producers and markets.
``(13) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(14) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning
given the term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
``(15) Value-added agricultural product.--The term `value-
added agricultural product' means any agricultural commodity or
product that--
``(A)(i) has undergone a change in physical state;
``(ii) was produced in a manner that enhances the
value of the agricultural commodity or product, as
demonstrated through a business plan that shows the
enhanced value, as determined by the Secretary;
``(iii) is physically segregated in a manner that
results in the enhancement of the value of the
agricultural commodity or product;
``(iv) is a source of farm- or ranch-based
renewable energy, including E-85 fuel; or
``(v) is aggregated and marketed as a locally
produced agricultural food product; and
``(B) as a result of the change in physical state
or the manner in which the agricultural commodity or
product was produced, marketed, or segregated--
``(i) the customer base for the
agricultural commodity or product is expanded;
and
``(ii) a greater portion of the revenue
derived from the marketing, processing, or
physical segregation of the agricultural
commodity or product is available to the
producer of the commodity or product.
``(16) Veteran farmer or rancher.--The term `veteran farmer
or rancher' has the meaning given the term in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a)).
``(b) Establishment and Purpose.--The Secretary shall establish a
program, to be known as the `Local Agriculture Market Program', that--
``(1) supports the development, coordination, and expansion
of--
``(A) direct producer-to-consumer marketing;
``(B) local and regional food markets and
enterprises; and
``(C) value-added agricultural products;
``(2) connects and cultivates regional food economies
through public-private partnerships;
``(3) supports the development of business plans,
feasibility studies, and strategies for local and regional
marketing opportunities;
``(4) strengthens capacity and regional food system
development through community collaboration and expansion of
mid-tier value chains;
``(5) improves income and economic opportunities for
producers and food businesses through job creation and improved
regional food system infrastructure; and
``(6) simplifies the application processes and the
reporting processes for the Program.
``(c) Regional Partnerships.--
``(1) Grants to support partnerships.--
``(A) In general.--The Secretary, acting through
the Administrator of the Agricultural Marketing
Service, in accordance with the purposes of the Program
described in subsection (b), shall provide grants to
support partnerships to plan and develop a local or
regional food system.
``(B) Geographical diversity.--To the maximum
extent practicable, the Secretary shall ensure
geographical diversity in selecting partnerships to
receive grants under subparagraph (A).
``(2) Authorities of partnerships.--A partnership receiving
a grant under paragraph (1) may--
``(A) determine the scope of the regional food
system to be developed, including goals, outreach
objectives, and eligible activities to be carried out;
``(B) determine the local, regional, State, multi-
State, or other geographic area covered;
``(C) create and conduct a feasibility study,
implementation plan, and assessment of eligible
activities under the partnership agreement;
``(D) conduct outreach and education to other
eligible entities and eligible partners for potential
participation in the partnership agreement and eligible
activities;
``(E) describe measures to be taken through the
partnership agreement to obtain funding for the
eligible activities to be carried out under the
partnership agreement;
``(F) at the request of a producer or eligible
entity desiring to participate in eligible activities
under the partnership agreement, act on behalf of the
producer or eligible entity in applying for a grant
under subsection (d);
``(G) monitor, evaluate, and periodically report to
the Secretary on progress made toward achieving the
objectives of eligible activities under the partnership
agreement; or
``(H) at the conclusion of the partnership
agreement, submit to the Secretary a report
describing--
``(i) the results and effects of the
partnership agreement; and
``(ii) funds provided under paragraph (3).
``(3) Contribution.--A partnership receiving a grant under
paragraph (1) shall provide funding in an amount equal to not
less than 25 percent of the total amount of the Federal portion
of the grant.
``(4) Applications.--
``(A) In general.--To be eligible to receive a
grant under paragraph (1), a partnership shall submit
to the Secretary an application at such time, in such
manner, and containing such information as the
Secretary considers necessary to evaluate and select
applications.
``(B) Competitive process.--The Secretary--
``(i) shall conduct a competitive process
to select applications submitted under
subparagraph (A);
``(ii) may assess and rank applications
with similar purposes as a group; and
``(iii) shall make public the criteria to
be used in evaluating applications prior to
accepting applications.
``(C) Priority to certain applications.--The
Secretary may give priority to applications submitted
under subparagraph (A) that--
``(i)(I) leverage significant non-Federal
financial and technical resources; and
``(II) coordinate with other local, State,
Tribal, or national efforts; and
``(ii) cover an area that includes
distressed low-income rural or urban
communities, including areas with persistent
poverty.
``(D) Producer or food business benefits.--
``(i) In general.--Except as provided in
clause (ii), an application submitted under
subparagraph (A) shall include a description of
the direct or indirect producer or food
business benefits intended by the eligible
entity to result from the proposed project
within a reasonable period of time after the
receipt of a grant.
``(ii) Exception.--Clause (i) shall not
apply to a planning or feasibility project.
``(5) Technical assistance.--On request of an eligible
entity, an eligible partner, or a partnership, the Secretary
may provide technical assistance in carrying out a partnership
agreement.
``(d) Development Grants.--
``(1) In general.--Under the Program, the Secretary may
provide grants to eligible entities to carry out, in accordance
with purposes of the Program described in subsection (b),
activities described in paragraph (2).
``(2) Eligible activities.--An eligible entity may use a
grant provided under paragraph (1)--
``(A) to support and promote--
``(i) domestic direct producer-to-consumer
marketing;
``(ii) farmers' markets;
``(iii) roadside stands;
``(iv) agritourism activities,
``(v) community-supported agriculture
programs; or
``(vi) online sales;
``(B) to support local and regional food business
enterprises that engage as intermediaries in indirect
producer-to-consumer marketing;
``(C) to support the processing, aggregation,
distribution, and storage of local and regional food
products that are marketed locally or regionally;
``(D) to encourage the development of new food
products and value-added agricultural products;
``(E) to assist with business development and
feasibility studies;
``(F) to develop marketing strategies for producers
of local food products and value-added agricultural
products in new and existing markets;
``(G) to facilitate regional food chain
coordination and mid-tier value chain development;
``(H) to promote new business opportunities and
marketing strategies to reduce on-farm food waste;
``(I) to respond to changing technology needs in
direct producer-to-consumer marketing; or
``(J) to cover expenses relating to costs incurred
in--
``(i) obtaining food safety certification;
and
``(ii) making changes and upgrades to
practices and equipment to improve food safety.
``(3) Criteria and guidelines.--
``(A) In general.--The Secretary shall establish
criteria and guidelines for the submission, evaluation,
and funding of proposed projects under paragraph (1) as
the Secretary determines are appropriate.
``(B) Producer or food business benefits.--
``(i) In general.--Except as provided in
clause (ii), an application submitted for a
grant under paragraph (1) shall include a
description of the direct or indirect producer
or food business benefits intended by the
eligible entity to result from the proposed
project within a reasonable period of time
after the receipt of the grant.
``(ii) Exception.--Clause (i) shall not
apply to a planning or feasibility project.
``(4) Amount.--Unless otherwise determined by the
Secretary, the amount of a grant under this subsection shall be
not more than $500,000.
``(5) Development grants available to producers.--In the
case of a grant provided under paragraph (1) to an eligible
entity described in any of subparagraphs (A) through (D) of
subsection (a)(4), the following shall apply:
``(A) Administration.--The Secretary shall carry
out this subsection through the Administrator of the
Rural Business-Cooperative Service, in coordination
with the Administrator of the Agricultural Marketing
Service.
``(B) Priorities.--The Secretary shall give
priority to applications--
``(i) in the case of an application
submitted by a producer, that are submitted by,
or serve--
``(I) beginning farmers or
ranchers;
``(II) socially disadvantaged
farmers or ranchers;
``(III) operators of small or
medium sized farms or ranches that are
structured as family farms; or
``(IV) veteran farmers or ranchers;
and
``(ii) in the case of an application
submitted by an eligible entity described in
any of subparagraphs (B) through (D) of
subsection (a)(4), that provide the greatest
contribution to creating or increasing
marketing opportunities for producers described
in subclauses (I) through (IV) of clause (i).
``(C) Limitation on use of funds.--
``(i) In general.--Except as provided in
clause (ii), an eligible entity may not use a
grant for the purchase or construction of a
building, general purpose equipment, or
structure.
``(ii) Exception.--An eligible entity may
use not more than $6,500 of the amount of a
grant for an eligible activity described in
paragraph (2)(J) to purchase or upgrade
equipment to improve food safety.
``(D) Matching funds.--An eligible entity receiving
a grant shall provide matching funds in the form of
cash or an in-kind contribution in an amount that is
equal to 50 percent of the total amount of the grant.
``(6) Development grants for other eligible entities.--In
the case of a grant provided under paragraph (1) to an eligible
entity described in any of subparagraphs (E) through (K) of
subsection (a)(4), the following shall apply:
``(A) Administration.--The Secretary shall carry
out this subsection through the Administrator of the
Agricultural Marketing Service, in coordination with
the Administrator of the Rural Business-Cooperative
Service.
``(B) Priorities.--The Secretary shall give
priority to applications that--
``(i) benefit underserved communities,
including communities that are located in areas
of concentrated poverty with limited access to
fresh locally or regionally grown food; or
``(ii) are used to carry out eligible
activities under a partnership agreement under
subsection (c).
``(C) Limitation on use of funds.--
``(i) In general.--Except as provided in
clause (ii), an eligible entity may not use a
grant for the purchase or construction of a
building, general purpose equipment, or
structure.
``(ii) Exception.--An eligible entity may
use not more than $6,500 of the amount of a
grant for an eligible activity described in
paragraph (2)(J) to purchase or upgrade
equipment to improve food safety.
``(D) Matching funds.--An eligible entity receiving
a grant shall provide matching funds in the form of
cash or an in-kind contribution in an amount that is
equal to 25 percent of the total amount of the Federal
portion of the grant.
``(e) Simplification of Application and Reporting Processes.--
``(1) Applications.--The Secretary shall establish a
simplified application form for eligible entities that--
``(A) request less than $50,000 under subsection
(d); or
``(B) apply for grants under subsection (d) through
partnership agreements under subsection (c).
``(2) Reporting.--The Secretary shall--
``(A) streamline and simplify the reporting process
for eligible entities; and
``(B) obtain from eligible entities and maintain
such information as the Secretary determines is
necessary to administer and evaluate the Program.
``(f) Cooperative Extension Service.--In carrying out the Program,
the Secretary, acting through the Administrator of the Agricultural
Marketing Service or the Administrator of the Rural Business
Cooperative Service, may coordinate with a cooperative extension
service to provide Program technical assistance and outreach to
eligible entities and eligible partners.
``(g) Interdepartmental Coordination.--In carrying out the Program,
to the maximum extent practicable, the Secretary shall ensure
coordination among Federal agencies.
``(h) Evaluation.--
``(1) In general.--Using amounts made available under
subsection (i)(3)(E), the Secretary shall conduct an evaluation
of the Program that--
``(A) measures the economic impact of the Program
on new and existing market outcomes;
``(B) measures the effectiveness of the Program in
improving and expanding--
``(i) the regional food economy through
public and private partnerships;
``(ii) the production of value-added
agricultural products;
``(iii) producer-to-consumer marketing,
including direct producer-to-consumer
marketing;
``(iv) local and regional food systems,
including regional food chain coordination and
business development;
``(v) new business opportunities and
marketing strategies to reduce on-farm food
waste;
``(vi) the use of new technologies in
producer-to-consumer marketing, including
direct producer-to-consumer marketing; and
``(vii) the workforce and capacity of
regional food systems; and
``(C) provides a description of--
``(i) each partnership agreement; and
``(ii) each grant provided under subsection
(d).
``(2) Report.--Not later than 3 years after the date of
enactment of 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 a report describing the evaluation conducted under
paragraph (1), including a thorough analysis of the outcomes of
the evaluation.
``(i) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $60,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal year 2019 and each fiscal year thereafter, to remain
available until expended.
``(3) Allocation of funds.--
``(A) Regional partnerships.--Of the funds made
available to carry out this section for a fiscal year,
10 percent shall be used to provide grants to support
partnerships under subsection (c).
``(B) Development grants for producers.--
``(i) In general.--Subject to clause (ii),
of the funds made available to carry out this
section for a fiscal year, 35 percent shall be
used for grants under subsection (d)(5).
``(ii) Reservation of funds.--
``(I) Majority-controlled producer-
based business ventures.--The total
amount of grants under subsection
(d)(5) provided to majority-controlled
producer-based business ventures for a
fiscal year shall not exceed 10 percent
of the amount allocated under clause
(i).
``(II) Beginning, veteran, and
socially disadvantaged farmers and
ranchers.--Of the funds made available
for grants under subsection (d)(5), 10
percent shall be reserved for grants
provided to beginning, veteran, and
socially disadvantaged farmers or
ranchers.
``(III) Mid-tier value chains.--Of
the funds made available for grants
under subsection (d)(5), 10 percent
shall be reserved for grants to develop
mid-tier value chains.
``(IV) Food safety assistance.--Of
the funds made available for grants
under subsection (d)(5), not more than
25 percent shall be reserved for grants
for eligible activities described in
subsection (d)(2)(J).
``(C) Development grants for other eligible
entities.--Of the funds made available to carry out
this section for a fiscal year, 47 percent shall be
used for grants under subsection (d)(6).
``(D) Unobligated funds.--Any funds under
subparagraph (A), (B), or (C) that are not obligated
for the uses described in that subparagraph, as
applicable, by September 30 of the fiscal year for
which the funds were made available--
``(i) shall be available to the agency
carrying out the Program with the unobligated
funds to carry out any function of the Program,
as determined by the Secretary; and
``(ii) may carry over to the next fiscal
year.
``(E) Administrative expenses.--Not greater than 8
percent of amounts made available to provide grants
under subsections (c) and (d)(6) for a fiscal year may
be used for administrative expenses.''.
(c) Conforming Amendments.--
(1) Agricultural marketing resource center pilot project.--
Section 231 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1632a) is amended--
(A) by striking the section heading and inserting
``agricultural marketing resource center pilot
project.'';
(B) by striking subsections (a), (b), (d), and (e);
(C) in subsection (c)--
(i) by redesignating paragraphs (1) and (2)
as subsections (a) and (b), respectively, and
indenting appropriately; and
(ii) by striking the subsection designation
and heading;
(D) in subsection (a) (as so redesignated)--
(i) in the matter preceding subparagraph
(A), by striking ``Notwithstanding'' and all
that follows through ``paragraph (2)'' and
inserting the following: ``The Secretary shall
not use more than 2.5 percent of the funds made
available to carry out the Local Agriculture
Market Program established under section 210A
of the Agricultural Marketing Act of 1946 to
establish a pilot project (to be known as the
`Agricultural Marketing Resource Center') at an
eligible institution described in subsection
(b)''; and
(ii) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2), respectively,
and indenting appropriately; and
(E) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A)
through (C) as paragraphs (1) through (3),
respectively, and indenting appropriately; and
(ii) in paragraph (1) (as so redesignated),
by striking ``paragraph (1)(A)'' and inserting
``subsection (a)(1)''.
(2) Agriculture innovation center demonstration program.--
Section 6402(f) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b(f)) is amended in the matter preceding
paragraph (1) by striking ``section 231(d) of the Agricultural
Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public Law
106-224))'' and inserting ``section 210A(d)(2) of the
Agricultural Marketing Act of 1946''.
(3) Local food production and program evaluation.--Section
10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C.
2204h(b)(2)(B)) is amended by striking ``Farmers' Market and
Local Food Promotion Program established under section 6 of the
Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005)'' and inserting ``Local Agriculture Market Program
established under section 210A of the Agricultural Marketing
Act of 1946''.
(4) Program metrics.--Section 6209(a) of the Agricultural
Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking
paragraph (1) and inserting the following:
``(1) section 210A of the Agricultural Marketing Act of
1946;''.
(5) Farmer-to-consumer direct marketing act of 1976.--
(A) Section 4 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3003) is amended--
(i) by striking ``The Secretary'' and
inserting the following:
``(a) In General.--The Secretary''; and
(ii) by adding at the end the following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(B) Sections 6, 7, and 8 of the Farmer-to-Consumer
Direct Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90
Stat. 1983) are repealed.
SEC. 10103. 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) in paragraph (1)--
(A) in the paragraph heading, by striking ``through
fiscal year 2012''; and
(B) by striking ``$5,000,000, to remain available
until expended.'' and inserting the following: ``, to
remain available until expended--
``(A) $5,000,000 for each of the periods of fiscal
years 2008 through 2012 and 2014 through 2018; and
``(B) $5,000,000 for the period of fiscal years
2019 through 2023.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2) (as so redesignated)--
(A) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(B) by striking ``2018'' and inserting ``2023''.
SEC. 10104. ORGANIC CERTIFICATION.
(a) Exclusions From Certification.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue regulations to
limit the type of organic operations that are excluded from
certification under section 205.101 of title 7, Code of Federal
Regulations, and from certification under any other related sections
under part 205 of title 7, Code of Federal Regulations.
(b) Definitions.--Section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502) is amended--
(1) in paragraph (3)--
(A) by striking ``The term'' and inserting the
following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Foreign operations.--When used in the context
of a certifying agent operating in a foreign country,
the term `certifying agent' includes a certifying
agent--
``(i) accredited in accordance with section
2106(b)(1); or
``(ii) accredited by a foreign government
that acted under an equivalency arrangement
negotiated between the United States and the
foreign government.'';
(2) by redesignating paragraphs (13) through (21) as
paragraphs (14) through (22), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) National organic program import certificate.--The
term `national organic program import certificate' means a form
developed for purposes of the program under this title--
``(A) to provide documentation sufficient to verify
that an agricultural product imported for sale in the
United States satisfies the requirement under section
2106(b)(1); and
``(B) which shall include, at a minimum,
information sufficient to indicate, with respect to the
agricultural product--
``(i) the origin;
``(ii) the destination;
``(iii) the certifying agent issuing the
national organic program import certificate;
``(iv) the harmonized tariff code, if a
harmonized tariff code exists for the
agricultural product;
``(v) the total weight; and
``(vi) the organic standard to which the
agricultural product is certified.''.
(c) Documentation and Traceability Enhancement; Data Collection.--
Section 2106(b) of the Organic Foods Production Act of 1990 (7 U.S.C.
6505(b)) is amended--
(1) by striking ``Imported'' and inserting the following:
``(1) Accreditation of foreign organic certification
program.--Imported''; and
(2) by adding at the end the following:
``(2) Import certification.--
``(A) Import certificates.--For an agricultural
product being imported into the United States to be
represented as organically produced, the Secretary
shall require the agricultural product to be
accompanied by a complete and valid national organic
program import certificate, which shall be available as
an electronic record.
``(B) Tracking system.--
``(i) In general.--The Secretary shall
establish a system to track national organic
program import certificates.
``(ii) Integration.--In establishing the
system under clause (i), the Secretary may
integrate the system into any existing
information tracking systems for imports of
agricultural products.
``(3) Modernization of trade tracking and data collection
systems.--
``(A) In general.--The Secretary shall modernize
international trade tracking and data collection
systems of the national organic program established
under this title.
``(B) Activities.--In carrying out subparagraph
(A), the Secretary shall modernize trade and
transaction certificates to ensure full traceability to
the port of entry without unduly hindering trade, such
as through an electronic trade document exchange
system.
``(4) Reports.--
``(A) In general.--On an annual basis, the
Secretary shall submit to Congress and make publically
available on the website of the Department of
Agriculture a report providing detailed quantitative
data on imports of organically produced agricultural
products accepted into the United States during the
year covered by the report.
``(B) Requirements.--The data described in
subparagraph (A) shall be broken down by agricultural
product type, quantity, value, and month.
``(C) Exception.--Any data that is specific enough
to be protected as confidential business information
shall not be provided in the report under subparagraph
(A).''.
(d) Accreditation Program.--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);
(2) by inserting after subsection (b) the following:
``(c) Oversight of Satellite Offices and Foreign Operations.--As
part of the accreditation of certifying agents under this section, the
Secretary shall oversee any certifying agent operating in a foreign
country.''; and
(3) in subsection (d) (as so redesignated)--
(A) by striking ``section shall'' and inserting the
following: ``section--
``(1) subject to paragraph (2), shall''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``of''; and
(ii) by striking ``Secretary, and may'' and
inserting the following: ``Secretary;
``(2) in the case of a certifying agent operating in a
foreign country, shall be for a period of time that is
consistent with the certification of a domestic certifying
agent, as determined appropriate by the Secretary; and
``(3) may''.
(e) National Organic Standards Board.--Section 2119(i) of the
Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is amended--
(1) by striking ``Two-thirds'' and inserting the following:
``(1) In general.--\2/3\''; and
(2) by adding at the end the following:
``(2) National list.--Any vote on a motion proposing to
amend the national list shall be considered to be a decisive
vote that requires \2/3\ of the votes cast at a meeting of the
Board at which a quorum is present to prevail.''.
(f) Investigations.--Section 2120(b) of the Organic Foods
Production Act (7 U.S.C. 6519(b)) is amended by adding at the end the
following:
``(3) Information sharing during active investigation.--In
carrying out this title, all parties conducting an active
investigation under this subsection (including certifying
agents, State organic certification programs, and the national
organic program) shall 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.
``(4) Expedited procedures for foreign operations.--
``(A) Establishment.--The Secretary shall establish
expedited investigative procedures under this
subsection to review the accreditation of a certifying
agent operating in a foreign country under any of the
circumstances described in subparagraph (B).
``(B) Expedited procedures.--The Secretary shall
promptly carry out expedited investigative procedures
established under subparagraph (A) to review the
accreditation of a certifying agent operating in a
foreign country if--
``(i) the accreditation of the certifying
agent is revoked by a foreign government--
``(I) operating an organic
certification program described in
section 2106(b)(1); or
``(II) that acted under an
equivalency arrangement negotiated
between the United States and the
foreign government; or
``(ii) the Secretary determines that there
is a sudden and substantial increase in the
rate and quantity of imports of an individual
organically produced agricultural product from
the foreign country, in which case the
expedited investigative procedures shall be
carried out with respect to each certifying
agent of that agricultural product in that
foreign country.''.
(g) Data Organization and Access.--Section 2122 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at
the end the following:
``(c) Data Relating to Imports of Organically Produced Agricultural
Products.--
``(1) Access to data documentation systems.--The head of
each Federal agency that administers a cross-border
documentation system shall provide to the head of each other
Federal agency that administers such a system access to
available data from the system, 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.
``(2) Data collection and organization system.--
``(A) In general.--The Secretary shall establish a
new system or modify an existing data collection and
organization system to collect and organize in a single
system quantitative data on imports of each organically
produced agricultural product accepted into the United
States.
``(B) Access.--The single system under subparagraph
(A) shall be accessible by any agency with the
authority to engage in--
``(i) inspection of imports of agricultural
products;
``(ii) trade data collection and
organization; or
``(iii) enforcement of trade requirements
for organically produced agricultural
products.''.
(h) Organic Agricultural Product Imports Interagency Working
Group.--The Organic Foods Production Act of 1990 is amended by
inserting after section 2122 (7 U.S.C. 6521) the following:
``SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY WORKING
GROUP.
``(a) Establishment.--
``(1) In general.--The Secretary and the Secretary of
Homeland Security shall jointly establish a working group to
facilitate coordination and information sharing between the
Department of Agriculture and U.S. Customs and Border
Protection relating to imports of organically produced
agricultural products (referred to in this section as the
`working group').
``(2) Members.--The working group--
``(A) shall include--
``(i) the Secretary (or a designee); and
``(ii) the Secretary of Homeland Security
(or a designee); and
``(B) shall not include any non-Federal officer or
employee.
``(3) Duties.--The working group shall facilitate
coordination and information sharing between the Department of
Agriculture and U.S. Customs and Border Protection for the
purposes of--
``(A) identifying imports of organically produced
agricultural products;
``(B) verifying the authenticity of organically
produced agricultural product import documentation,
such as national organic program import certificates;
``(C) ensuring imported agricultural products
represented as organically produced meet the
requirements under this title;
``(D) collecting and organizing quantitative data
on imports of organically produced agricultural
products; and
``(E) reporting to Congress on--
``(i) enforcement activity carried out by
the Department of Agriculture or U.S. Customs
and Border Protection in the United States or
abroad; and
``(ii) barriers to preventing agricultural
products fraudulently represented as
organically produced from entry into the United
States.
``(4) Designated employees and officials.--An employee or
official designated to carry out the duties of the Secretary or
the Secretary of Homeland Security on the working group under
subparagraph (A) or (B) of paragraph (2) shall be an employee
or official compensated at a rate of pay not less than the
minimum annual rate of basic pay for GS-12 under section 5332
of title 5, United States Code.
``(b) Reports.--On an annual basis, the working group shall submit
to Congress and make publically available on the websites of the
Department of Agriculture and U.S. Customs and Border Protection the
following reports:
``(1) Organic trade enforcement interagency coordination
report.--A report--
``(A) identifying existing barriers to cooperation
between the agencies involved in agricultural product
import inspection, trade data collection and
organization, and organically produced agricultural
product trade enforcement, including--
``(i) U.S. Customs and Border Protection;
``(ii) the Agricultural Marketing Service;
and
``(iii) the Animal and Plant Health
Inspection Service;
``(B) assessing progress toward integrating organic
trade enforcement into import inspection procedures of
U.S. Customs and Border Protection and the Animal and
Plant Health Inspection Service, including an
assessment of--
``(i) the status of the development of
systems for--
``(I) tracking the fumigation of
imports of organically produced
agricultural products into the United
States; and
``(II) electronically verifying
national organic program import
certificate authenticity; and
``(ii) training of U.S. Customs and Border
Protection personnel on--
``(I) the use of the systems
described in clause (i); and
``(II) requirements and protocols
under this title;
``(C) establishing outcome-based goals for ensuring
imports of agricultural products represented as
organically produced meet the requirements under this
title;
``(D) recommending steps to improve the
documentation and traceability of imported organically
produced agricultural products;
``(E) recommending and describing steps toward the
goals of--
``(i) achieving complete compliance with
the requirements of this title for all
agricultural products imported into the United
States and represented as organically produced;
and
``(ii) ensuring accurate labeling and
marketing of imported agricultural products
represented as organically produced by the
exporter;
``(F) providing a timeline for implementing the
steps described in subparagraph (E);
``(G) identifying additional resources needed to
achieve any unmet goals; and
``(H) describing staffing needs at U.S. Customs and
Border Protection and the Department of Agriculture to
achieve the goals for ensuring organic integrity
described in the report.
``(2) Report on enforcement actions taken on organic
imports.--A report--
``(A) providing detailed quantitative data (broken
down by commodity type, quantity, value, month, and
origin) on imports of agricultural products represented
as organically produced found to be fraudulent or
lacking any documentation required under this title at
the port of entry during the report year;
``(B) providing data on domestic enforcement
actions taken on imported agricultural products
represented as organically produced, including--
``(i) the number and type of actions taken
by United States officials at ports of entry in
response to violations of this title; and
``(ii) the total quantity and value of the
agricultural products that were the subject of
the actions, broken down by product variety and
country of origin;
``(C) providing data on fumigation of agricultural
products represented as organically produced at ports
of entry and notifications of fumigation actions to
shipment owners, broken down by product variety and
country of origin; and
``(D) providing information on enforcement
activities under this title involving overseas
investigations and compliance actions taken within that
year, including--
``(i) the number of investigations by
country; and
``(ii) a descriptive summary of compliance
actions taken by certifying agents in each
country.''.
(i) Authorization of Appropriations.--Section 2123 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6522) is amended--
(1) by striking the section heading and inserting
``funding'';
(2) in subsection (b), by striking paragraphs (1) through
(7) and inserting the following:
``(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.''; and
(3) by adding at the end the following:
``(d) Modernization of Trade Tracking and Data Collection
Systems.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out section
2106(b)(3) $5,000,000 for fiscal year 2019, to remain available
until expended.
``(2) Additional amount.--The amount made available under
paragraph (1) shall be in addition to any other amounts made
available to carry out section 2106(b)(3).''.
(j) Trade Savings Provision.--The amendments made by subsections
(c), (d), and (f) shall be carried out in a manner consistent with
United States obligations under international agreements.
SEC. 10105. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.
(a) Elimination of Directed Delegation.--Section 10606(a) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(a)) is
amended by striking ``(acting through the Agricultural Marketing
Service)''.
(b) Funding.--Section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523) is amended by striking
subsection (d) and inserting the following:
``(d) Mandatory Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section $11,500,000 for each of fiscal years 2019 through 2023, to
remain available until expended.''.
SEC. 10106. 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. 10107. 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), by striking ``2018'' and inserting
``2023'';
(2) in subsection (e)--
(A) by striking ``shall identify'' and inserting
the following: ``shall--
``(1) identify'';
(B) in paragraph (1) (as so designated), by
striking ``plan and indicate'' and inserting the
following: ``plan;
``(2) indicate'';
(C) in paragraph (2) (as so designated), by
striking ``crops.'' and inserting ``crops at the
national, regional, and local levels;''; and
(D) by adding at the end the following:
``(3) include performance measures developed by the State
department of agriculture, in consultation with specialty crop
stakeholders, to be used as the primary means for performing an
evaluation; and
``(4) provide best practices for methods used to enhance
the competitiveness of specialty crops across multiple
commodities, types of production, and geographic locations.'';
(3) in subsection (f)--
(A) in the second sentence, by striking ``The
Secretary'' and inserting the following:
``(2) Acceptance or rejection.--The Secretary'';
(B) in the matter preceding paragraph (2) (as so
designated), by striking ``In reviewing'' and inserting
the following:
``(1) In general.--In reviewing''; and
(C) in paragraph (1) (as so designated)--
(i) by striking ``would carry'' and
inserting the following: ``would--
``(A) carry''; and
(ii) in subparagraph (A) (as so
designated), by striking ``(a).'' and inserting
the following: ``(a); and
``(B) meet the requirements described in subsection
(e).'';
(4) in subsection (h)--
(A) in the paragraph heading, by inserting ``and
Evaluation'' after ``Audit'';
(B) in the second sentence, by striking ``Not later
than 30 days after the completion of the audit,'' and
inserting the following:
``(2) Submission of audit.--Not later than 30 days after
the completion of the audit under paragraph (1)(A),'';
(C) in the matter preceding paragraph (2) (as so
designated), by striking ``For each'' and inserting the
following:
``(1) In general.--For each''; and
(D) in paragraph (1) (as so designated)--
(i) by striking ``conduct an audit'' and
inserting the following: ``conduct--
``(A) an audit''; and
(ii) in subparagraph (A) (as so
designated), by striking ``State.'' and
inserting the following: ``State; and
``(B) an evaluation of performance measures
developed under subsection (e)(3).'';
(5) in subsection (k)--
(A) in paragraph (1), by striking ``3'' and
inserting ``4'';
(B) in paragraph (2), by striking ``8'' and
inserting ``9''; and
(C) by adding at the end the following:
``(3) Guidance.--
``(A) In general.--Each year, prior to the
submission of State plans under subsection (d), the
Secretary shall provide guidance to States regarding
best practices and national and regional priorities.
``(B) National and regional priorities.--National
and regional priorities described in subparagraph (A)
shall be--
``(i) based on formal stakeholder input;
and
``(ii) considered by the Secretary as
States develop State plans under subsection
(d).
``(4) Multistate projects.--Notwithstanding subsection (a)
and paragraph (1), the Administrator of the Agricultural
Marketing Service shall administer the funds of approved
multistate projects under subsection (j).''; and
(6) in subsection (l)(2)(E), by inserting ``and each fiscal
year thereafter'' before the period at the end.
SEC. 10108. PLANT VARIETY PROTECTION.
Section 42(a) of the Plant Variety Protection Act (7 U.S.C.
2402(a)) is amended in the matter preceding paragraph (1) by striking
``or tuber propagated'' and inserting ``tuber propagated or asexually
propagated''.
SEC. 10109. MULTIPLE CROP AND PESTICIDE USE SURVEY.
(a) In General.--The Secretary, acting through the Director of the
Office of Pest Management Policy, shall conduct a multiple crop and
pesticide use survey of farmers to collect data for risk assessment
modeling and mitigation for an active ingredient.
(b) Submission.--The Secretary shall submit to the Administrator of
the Environmental Protection Agency and make publically available the
survey described in subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000, to remain available
until expended.
(d) Confidentiality of Information.--Section 1770 of the Food
Security Act of 1985 (7 U.S.C. 2276) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In the case'' and inserting
the following:
``(a) In General.--In the case''; and
(B) in paragraph (3), by striking ``subsection
(d)(12)'' and inserting ``paragraph (12) or (13) of
subsection (d)''; and
(2) in subsection (d)--
(A) by striking ``(d) For purposes'' and inserting
the following:
``(d) Provisions of Law References.--For purposes'';
(B) in paragraph (11), by striking ``or'' at the
end;
(C) in paragraph (12), by striking the period at
the end and inserting ``; or''; and
(D) by adding at the end the following:
``(13) section 10109 of the Agriculture Improvement Act of
2018.''.
SEC. 10110. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL ASSISTANCE.
Section 11 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714i) is amended in the last sentence by inserting after
``activities'' the following: ``but excluding any amounts used to
provide technical assistance under title X of the Agriculture
Improvement Act of 2018 or an amendment made by that title.''.
SEC. 10111. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle G--Hemp Production
``SEC. 297A. DEFINITIONS.
``In this subtitle:
``(1) Hemp.--The term `hemp' means the plant Cannabis
sativa L. and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis.
``(2) 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).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(4) 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.
``(5) State department of agriculture.--The term `State
department of agriculture' means the agency, commission, or
department of a State government responsible for agriculture in
the State.
``(6) Tribal government.--The term `Tribal government'
means the governing body of an Indian tribe.
``SEC. 297B. STATE AND TRIBAL PLANS.
``(a) Submission.--
``(1) In general.--A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp in the
State or territory of the Indian tribe shall submit to the
Secretary, through the State department of agriculture (in
consultation with the Governor and chief law enforcement
officer of the State) or the Tribal government, as applicable,
a plan under which the State or Indian tribe monitors and
regulates that production as described in paragraph (2).
``(2) Contents.--A State or Tribal plan referred to in
paragraph (1)--
``(A) shall only be required to include--
``(i) a practice to maintain relevant
information regarding land on which hemp is
produced in the State or territory of the
Indian tribe, including a legal description of
the land, for a period of not less than 3
calendar years;
``(ii) a procedure for testing, using post-
decarboxylation or other similarly reliable
methods, delta-9 tetrahydrocannabinol
concentration levels of hemp produced in the
State or territory of the Indian tribe;
``(iii) a procedure for the effective
disposal of products that are produced in
violation of this subtitle;
``(iv) a procedure to comply with the
enforcement procedures under subsection (d);
``(v) a procedure for conducting annual
inspections of a random sample of hemp
producers--
``(I) to verify that hemp is not
produced in violation of this subtitle;
and
``(II) in a manner that ensures
that a hemp producer is subject to not
more than 1 inspection each year; and
``(vi) a certification that the State or
Indian tribe has the resources and personnel to
carry out the practices and procedures
described in clauses (i) through (v); and
``(B) may include any other practice or procedure
established by a State or Indian tribe, as applicable,
to the extent that the practice or procedure is
consistent with this subtitle.
``(3) Relation to state and tribal law.--
``(A) No preemption.--Nothing in this subsection
preempts or limits any law of a State or Indian tribe
regulating the production of hemp, to the extent that
law is consistent with this subtitle.
``(B) References in plans.--A State or Tribal plan
referred to in paragraph (1) may include a reference to
a law of the State or Indian tribe regulating the
production of hemp, to the extent that law is
consistent with this subtitle.
``(b) Approval.--
``(1) In general.--Not later than 60 days after receipt of
a State or Tribal plan under subsection (a), the Secretary
shall--
``(A) approve the State or Tribal plan if the State
or Tribal plan complies with subsection (a); or
``(B) disapprove the State or Tribal plan only if
the State or Tribal plan does not comply with
subsection (a).
``(2) Amended plans.--If the Secretary disapproves a State
or Tribal plan under paragraph (1)(B), the State, through the
State department of agriculture (in consultation with the
Governor and chief law enforcement officer of the State) or the
Tribal government, as applicable, may submit to the Secretary
an amended State or Tribal plan that complies with subsection
(a).
``(3) Consultation.--The Secretary may consult with the
Attorney General in carrying out this subsection.
``(c) Technical Assistance.--The Secretary may provide technical
assistance to a State or Indian tribe in the development of a State or
Tribal plan under subsection (a).
``(d) Violations.--
``(1) In general.--A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
``(2) Negligent violations.--
``(A) In general.--A hemp producer in a State or
the territory of an Indian tribe for which a State or
Tribal plan is approved under subsection (b) shall be
subject to subparagraph (B) of this paragraph if the
State department of agriculture or Tribal government,
as applicable, determines that the hemp producer has
negligently violated the State or Tribal plan,
including by negligently--
``(i) failing to provide a legal
description of land on which the producer
produces hemp;
``(ii) failing to obtain a license or other
required authorization from the State
department of agriculture or Tribal government,
as applicable; or
``(iii) producing Cannabis sativa L. with a
delta-9 tetrahydrocannabinol concentration of
more than 0.3 percent on a dry weight basis.
``(B) Corrective action plan.--A hemp producer
described in subparagraph (A) shall comply with a plan
established by the State department of agriculture or
Tribal government, as applicable, to correct the
negligent violation, including--
``(i) a reasonable date by which the hemp
producer shall correct the negligent violation;
and
``(ii) a requirement that the hemp producer
shall periodically report to the State
department of agriculture or Tribal government,
as applicable, on the compliance of the hemp
producer with the State or Tribal plan for a
period of not less than the next 2 calendar
years.
``(C) Result of negligent violation.--Except as
provided in subparagraph (D), a hemp producer that
negligently violates a State or Tribal plan under
subparagraph (A) shall not as a result of that
violation be subject to any criminal or civil
enforcement action by the Federal Government or any
State government, Tribal government, or local
government other than the enforcement action authorized
under subparagraph (B).
``(D) Repeat violations.--A hemp producer that
negligently violates a State or Tribal plan under
subparagraph (A) 3 times in a 5-year period shall be
ineligible to produce hemp for a period of 5 years
beginning on the date of the third violation.
``(3) Other violations.--
``(A) In general.--If the State department of
agriculture or Tribal government in a State or the
territory of an Indian tribe for which a State or
Tribal plan is approved under subsection (b), as
applicable, determines that a hemp producer in the
State or territory has violated the State or Tribal
plan with a culpable mental state greater than
negligence--
``(i) the State department of agriculture
or Tribal government, as applicable, shall
immediately report the hemp producer to--
``(I) the Attorney General; and
``(II) in the case of a State
department of agriculture, the chief
law enforcement officer of the State;
and
``(ii) paragraph (1) of this subsection
shall not apply to the violation.
``(B) Felony.--Any person convicted of a felony
relating to a controlled substance under State or
Federal law shall be ineligible--
``(i) to participate in the program
established under this section; and
``(ii) to produce hemp under any
regulations or guidelines issued under section
297D(a).
``(C) False statement.--Any person who materially
falsifies any information contained in an application
to participate in the program established under this
section shall be ineligible to participate in that
program.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
``(f) Effect.--Nothing in this section prohibits the production of
hemp in a State or the territory of an Indian tribe for which a State
or Tribal plan is not approved under this section in accordance with
section 297C or other Federal laws (including regulations).
``SEC. 297C. DEPARTMENT OF AGRICULTURE.
``(a) Department of Agriculture Plan.--
``(1) In general.--In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under section
297B, the production of hemp in that State or the territory of
that Indian tribe shall be subject to a plan established by the
Secretary to monitor and regulate that production in accordance
with paragraph (2).
``(2) Content.--A plan established by the Secretary under
paragraph (1) shall include--
``(A) a practice to maintain relevant information
regarding land on which hemp is produced in the State
or territory of the Indian tribe, including a legal
description of the land, for a period of not less than
3 calendar years;
``(B) a procedure for testing, using post-
decarboxylation or other similarly reliable methods,
delta-9 tetrahydrocannabinol concentration levels of
hemp produced in the State or territory of the Indian
tribe;
``(C) a procedure for the effective disposal of
products that are produced in violation of this
subtitle;
``(D) a procedure to comply with the enforcement
procedures under subsection (c)(2);
``(E) a procedure for conducting annual inspections
of a random sample of hemp producers--
``(i) to verify that hemp is not produced
in violation of this subtitle; and
``(ii) in a manner that ensures that a hemp
producer is subject to not more than 1
inspection each year; and
``(F) such other practices or procedures as the
Secretary considers to be appropriate, to the extent
that the practice or procedure is consistent with this
subtitle.
``(b) Licensing.--The Secretary shall establish a procedure to
issue licenses to hemp producers in accordance with a plan established
under subsection (a).
``(c) Violations.--
``(1) In general.--In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under section
297B, it shall be unlawful to produce hemp in that State or the
territory of that Indian tribe without a license issued by the
Secretary under subsection (b).
``(2) Negligent and other violations.--A violation of a
plan established under subsection (a) shall be subject to
enforcement in accordance with paragraphs (2) and (3) of
section 297B(d), except that the Secretary shall carry out that
enforcement instead of a State department of agriculture or
Tribal government.
``(3) Reporting to attorney general.--In the case of a
State or Indian tribe covered by paragraph (1), the Secretary
shall report the production of hemp without a license issued by
the Secretary under subsection (b) to the Attorney General.
``SEC. 297D. AUTHORITY TO ISSUE REGULATIONS AND GUIDELINES; EFFECT ON
OTHER LAW.
``(a) Authority.--
``(1) In general.--The Secretary shall have sole authority
to issue Federal regulations and guidelines that relate to the
production of hemp, including Federal regulations and
guidelines that relate to the implementation of sections 297B
and 279C.
``(2) Consultation with attorney general.--The Secretary
may consult with the Attorney General before issuing
regulations and guidelines under paragraph (1).
``(b) Effect on Other Law.--Nothing in this subtitle shall affect
or modify--
``(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.); or
``(2) the authority of the Commissioner of Food and Drugs
and the Secretary of Health and Human Services under that
Act.''.
SEC. 10112. RULE OF CONSTRUCTION.
Nothing in this title authorizes interference with the interstate
commerce of hemp (as defined in section 297A of the Agricultural
Marketing Act of 1946, as added by section 10111).
TITLE XI--CROP INSURANCE
SEC. 11101. DEFINITIONS.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (7), (8), (10), (11), (12), and (13)
respectively;
(2) by inserting after paragraph (5) the following:
``(6) Cover crop termination.--The term `cover crop
termination' means a practice that historically and under
reasonable circumstances results in the termination of the
growth of a cover crop.''; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Hemp.--The term `hemp' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946.''.
SEC. 11102. DATA COLLECTION.
Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(2)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) National agricultural statistics service.--
Data collected by the National Agricultural Statistics
Service, whether published or unpublished, shall be--
``(i) provided in an aggregate form to the
Corporation for the purpose of providing
insurance under this subtitle; and
``(ii) kept confidential by the Corporation
in the same manner and to the same extent as is
required under--
``(I) section 1770 of the Food
Security Act of 1985 (7 U.S.C. 2276);
and
``(II) the Confidential Information
Protection and Statistical Efficiency
Act of 2002 (44 U.S.C. 3501 note;
Public Law 107-347).
``(C) Noninsured crop disaster assistance
program.--In collecting data under this subsection, the
Secretary shall ensure that--
``(i) appropriate data are collected
through the noninsured crop disaster assistance
program established by section 196 of the
Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333); and
``(ii) not less frequently than annually,
the Farm Service Agency shares, and the
Corporation considers, the data described in
clause (i).''.
SEC. 11103. SHARING OF RECORDS.
Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(3)) is amended by inserting ``applicants who have received
payment under section 522(b)(2)(E),'' after ``divisions,''.
SEC. 11104. USE OF RESOURCES.
Section 507(f) of the Federal Crop Insurance Act (7 U.S.C. 1507(f))
is amended--
(1) by striking paragraphs (3) and (4) and inserting the
following:
``(3) the Farm Service Agency, in assisting the Board in--
``(A) the determination of individual producer
yields;
``(B) sharing information on beginning farmers and
ranchers and veteran farmers and ranchers;
``(C) investigating potential waste, fraud, or
abuse;
``(D) sharing information to support the transition
of crops and counties from the noninsured crop disaster
assistance program established by section 196 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333) to insurance under this subtitle; and
``(E) serving as a local point of contact for the
dissemination of information on risk management options
available to farmers and ranchers; and
``(4) other Federal agencies, in assisting the Board in any
way the Board determines is necessary in carrying out this
subtitle.'';
(2) in paragraph (2), by striking ``(2) the'' and inserting
the following:
``(2) the''; and
(3) by striking ``(f) The Board'' in the matter preceding
paragraph (1) and all that follows through the semicolon at the
end of paragraph (1) and inserting the following:
``(f) Use of Resources, Data, Boards, and Committees of Federal
Agencies.--The Board shall use, to the maximum extent practicable, the
resources, data, boards, and the committees of--
``(1) the Natural Resources Conservation Service, in
assisting the board in--
``(A) the classification of land as to risk and
production capability;
``(B) the assessment of--
``(i) long-term trends in, and impacts
from, weather variability; and
``(ii) opportunities to ameliorate the
impacts described in clause (i); and
``(C) the consideration of acceptable conservation
practices, including good farming practices with
respect to conservation (such as cover crop
termination);''.
SEC. 11105. SPECIALTY CROPS.
(a) Specialty Crops Coordinator.--Section 507(g) of the Federal
Crop Insurance Act (7 U.S.C. 1507(g)) is amended by adding at the end
the following:
``(4) Specialty crop liaisons.--The Specialty Crops
Coordinator shall--
``(A) designate a Specialty Crops Liaison in each
regional field office; and
``(B) share the contact information of the
Specialty Crops Liaisons with specialty crop producers.
``(5) Website.--
``(A) In general.--The Specialty Crops Coordinator
shall establish a website focused on the efforts of the
Corporation to provide and expand crop insurance for
specialty crop producers.
``(B) Inclusions.--The website established under
subparagraph (A) shall include--
``(i) an online mechanism to provide
comments or feedback relating to specialty
crops;
``(ii) a calendar of opportunities to
provide comments or feedback at specialty crop
events or in other public forums; and
``(iii) a plan, with projected completion
dates, for examining--
``(I) potential new crops to be
added to existing policies or plans of
insurance for specialty crops;
``(II) opportunities to expand
existing policies or plans of insurance
for specialty crops to new areas; and
``(III) the potential for providing
additional policies or plans of
insurance for specialty crops, such as
adding a revenue option or
endorsement.''.
(b) Addition of Specialty Crops and Other Value-added Crops.--
Section 508(a)(6) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(6)) is amended--
(1) in the paragraph heading, by adding at the end the
following: ``(including value-added crops)'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Annual review.--Not later than 1 year after
the date of enactment of the Agriculture Improvement
Act of 2018, and annually thereafter, the manager of
the Corporation shall prepare, to the maximum extent
practicable, based on data shared from the noninsured
crop disaster assistance program established by section
196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333), written agreements, or
other data, and present to the Board not less than 2 of
each of the following:
``(i) Research and development for a policy
or plan of insurance for a new crop.
``(ii) Expansion of an existing policy or
plan of insurance to additional counties or
States, including malting barley endorsements
or contract options.
``(iii) Research and development for a new
policy or plan of insurance, or endorsement,
for crops with existing policies or plans of
insurance, such as dollar plans.'';
(3) in subparagraph (B), in the subparagraph heading, by
striking ``Addition of new crops'' and inserting ``Report'';
and
(4) by striking subparagraphs (C) and (D).
SEC. 11106. INSURANCE PERIOD.
Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(2)) is amended by striking ``and sweet potatoes'' and inserting
``sweet potatoes, and hemp''.
SEC. 11107. COVER CROPS.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a))
is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(iii), by striking
``practices'' the first place it appears and all that
follows through the period at the end and inserting
``practices.'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) Voluntary good farming practices.--
``(i) In general.--Subject to clause (ii),
the following voluntary practices shall be
considered good farming practices under
subparagraph (A)(iii):
``(I) A scientifically sound,
sustainable, and organic farming
practice, as determined by the
Secretary.
``(II) A conservation activity or
enhancement (including cover crops)
that is approved by the Natural
Resources Conservation Service or an
agricultural expert, as determined by
the Secretary.
``(ii) Expected growth.--A practice
described in subclause (I) or (II) of clause
(i) shall be considered a good farming practice
only if under that practice the insured crop
may be expected to make normal progress toward
maturity under typical growing conditions, as
determined by the Secretary.''; and
(D) in subparagraph (C) (as so redesignated), in
the subparagraph heading, by inserting ``determination
review'' after ``practices''; and
(2) by adding at the end the following:
``(11) Cover crop termination.--
``(A) In general.--Cover crop termination shall not
affect the insurability of a subsequently planted
insurable crop if the cover crop termination is carried
out according to guidelines--
``(i) established by the Secretary; or
``(ii) approved by--
``(I) the Natural Resources
Conservation Service; or
``(II) an agricultural expert, as
determined by the Corporation.
``(B) Summer fallow.--In a county in which summer
fallow is an insurable practice, a cover crop in that
county that is terminated according to guidelines
established by the Secretary shall be considered as
summer fallow for the purpose of insurability.''.
SEC. 11108. UNDERSERVED PRODUCERS.
Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(7)) is amended--
(1) in the paragraph heading, by inserting ``and
underserved producers'' after ``states'';
(2) in subparagraph (A)--
(A) by striking the designation and heading and all
that follows through ``the term'' and inserting the
following:
``(A) Definitions.--In this paragraph:
``(i) Adequately served.--The term'';
(B) in clause (i) (as so designated), by striking
``participation rate'' and inserting ``participation
rate, by crop,''; and
(C) by adding at the end the following:
``(ii) Underserved producer.--The term
`underserved producer' means a beginning farmer
or rancher, a veteran farmer or rancher, or a
socially disadvantaged farmer or rancher.'';
(3) in subparagraph (B)--
(A) by striking ``The Board'' and inserting the
following:
``(i) In general.--The Board'';
(B) in clause (i) (as so designated), by striking
``subtitle'' and inserting ``subtitle, including
policies and plans of insurance for underserved
producers,''; and
(C) by adding at the end the following:
``(ii) Types of production.--In conducting
the review under clause (i), the Board shall
examine the types of production common among
underserved producers, such as diversified
production for local markets.''; and
(4) by striking subparagraph (C) and inserting the
following:
``(C) Report.--
``(i) In general.--Not later than 30 days
after completion of the review under
subparagraph (B)(i), and not less frequently
than once every 3 years thereafter, the Board
shall make publically available and 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 results of the
review.
``(ii) Recommendations.--The report under
clause (i) shall include recommendations to
increase participation in States and among
underserved producers that are not adequately
served by the policies and plans of insurance,
including any plans for administrative action
or recommendations for Congressional action.''.
SEC. 11109. EXPANSION OF PERFORMANCE-BASED DISCOUNT.
Section 508(d)(3) of the Federal Crop Insurance Act (7 U.S.C.
1508(d)(3)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(A) Risk-reducing practice discount.--
``(i) In general.--Beginning with the 2020
reinsurance year, the Corporation may offer
discounts under subparagraph (A) for practices
that can be demonstrated to reduce risk
relative to other practices.
``(ii) Review.--In determining practices
for which to offer discounts under clause (i),
the Corporation shall--
``(I) for the 2020 reinsurance
year, consider precision irrigation or
fertilization, crop rotations, cover
crops, and any other practices
determined appropriate by the
Corporation; and
``(II) on an annual basis, seek
expert opinion and consider additional
practices based on new evidence.''.
SEC. 11110. ENTERPRISE UNITS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following:
``(E) Enterprise units across county lines.--The
Corporation may allow a producer to establish a single
enterprise unit by combining an enterprise unit with--
``(i) 1 or more other enterprise units in 1
or more other counties; or
``(ii) all basic units and all optional
units in 1 or more other counties.''.
SEC. 11111. PASTURE, RANGELAND, AND FORAGE POLICY FOR MEMBERS OF INDIAN
TRIBES.
Section 508(e)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(7)) is amended by adding at the end the following:
``(D) Pasture, rangeland, and forage policy for
members of indian tribes.--With respect to a policy or
plan of insurance established under this subtitle for
producers of livestock commodities the source of
feedstock of which is pasture, rangeland, and forage,
the premium subsidy for a member of an Indian tribe (as
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304)), as
certified to the Secretary by the Chairperson of that
Indian tribe (or a designee), shall be 90 percent for
the first purchase of that policy or plan of insurance
by that member of an Indian tribe.''.
SEC. 11112. SUBMISSION OF POLICIES AND MATERIALS TO BOARD.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and
indenting appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Corporation shall''
and inserting the following:
``(i) In general.--The Corporation shall'';
(C) in clause (i)(I) (as so redesignated), by
inserting ``subject to clause (ii),'' before ``will
likely''; and
(D) by adding at the end the following:
``(ii) Waiver for hemp.--The Corporation
may waive the viability and marketability
requirement under clause (i)(I) in the case of
a policy or pilot program relating to the
production of hemp.''; and
(2) in paragraph (3)(C)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of reviewing policies
and other materials relating to the production
of hemp, may waive the viability and
marketability requirement under subparagraph
(A)(ii)(I).''.
SEC. 11113. WHOLE FARM REVENUE AGENT INCENTIVES.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C.
1508(k)(4)) is amended by adding at the end the following:
``(G) Whole farm revenue agent incentives.--
``(i) In general.--Beginning with the 2019
reinsurance year, in the case of an agent that
sells a Whole Farm Revenue Policy, or a
successor policy, the Corporation shall provide
to the approved insurance provider, to pay to
the agent, an additional reimbursement,
determined in accordance with the following:
``(I) If the compensation of the
agent authorized under the Standard
Reinsurance Agreement for the policy is
less than $1,000, the reimbursement
shall be an amount equal to the
difference between--
``(aa) $1,000; and
``(bb) the amount
authorized under the Standard
Reinsurance Agreement for the
policy.
``(II) If the producer, or any
entity in which the producer had an
insurable interest, has never
previously obtained coverage under a
Whole Farm Revenue Policy, or a
successor policy, in addition to any
amount authorized under subclause (I),
the reimbursement shall be $300 for
each Whole Farm Revenue Policy, or
successor policy.
``(ii) Limitation on use.--Any additional
reimbursement authorized under clause (i) shall
not be included for the purpose of establishing
the limitation on the compensation for agents
under the Standard Reinsurance Agreement.''.
SEC. 11114. CROP PRODUCTION ON NATIVE SOD.
Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o))
is amended--
(1) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--
``(i) Agricultural act of 2014.--Native sod
acreage that has been tilled for the production
of an insurable crop during the period
beginning on February 8, 2014, and ending on
the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to 4
cumulative years of a reduction in benefits
under this subtitle as described in this
paragraph.
``(ii) Subsequent years.--
``(I) Non-hay and non-forage
crops.--As determined by the Secretary,
native sod acreage that has been tilled
for the production of an insurable crop
other than a hay or forage crop after
the date of enactment of the
Agriculture Improvement Act of 2018
shall be subject to 4 cumulative years
of a reduction in benefits under this
subtitle as described in this
paragraph.
``(II) Hay and forage crops.--
During each crop year of planting, as
determined by the Secretary, native sod
acreage that has been tilled for the
production of an insurable hay or
forage crop after the date of enactment
of the Agriculture Improvement Act of
2018 shall be subject to 4 cumulative
years of a reduction in benefits under
this subtitle as described in this
paragraph.'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) Native sod conversion certification.--
``(A) Certification.--As a condition on the receipt
of benefits under this subtitle, a producer that has
tilled native sod acreage for the production of an
insurable crop as described in paragraph (2)(A) shall
certify to the Secretary that acreage using--
``(i) an acreage report form of the Farm
Service Agency (FSA-578 or any successor form);
and
``(ii) 1 or more maps.
``(B) Corrections.--Beginning on the date on which
a producer submits a certification under subparagraph
(A), as soon as practicable after the producer
discovers a change in tilled native sod acreage
described in that subparagraph, the producer shall
submit to the Secretary any appropriate corrections to
a form or map described in clause (i) or (ii) of that
subparagraph.
``(C) Annual reports.--Not later than January 1,
2019, and each January 1 thereafter through January 1,
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 a report that describes the tilled native
sod acreage that has been certified under subparagraph
(A) in each county and State as of the date of
submission of the report.''; and
(4) in paragraph (4) (as so redesignated)--
(A) by striking ``This subsection'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B),
this subsection''; and
(B) by adding at the end the following:
``(B) Election.--A governor of a State other than a
State described in subparagraph (A) may elect to have
this paragraph apply to the State.''.
SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE DATA TO
COMBAT WASTE, FRAUD, AND ABUSE.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(D) using published aggregate data from the
National Agricultural Statistics Service or any other
data source to--
``(i) detect yield disparities or other
data anomalies that indicate potential fraud;
and
``(ii) target the relevant counties, crops,
regions, companies, or agents associated with
that potential fraud for audits and other
enforcement actions.''; and
(2) in subsection (f)(2)(A), by striking ``pursuant to''
each place it appears and inserting ``under''.
SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION.
Section 515(g) of the Federal Crop Insurance Act (7 U.S.C. 1515(g))
is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) The actual production history to be used to
establish insurable yields.''; and
(2) in paragraph (2)--
(A) by striking ``The information required by
paragraph (1)'' and inserting the following:
``(A) In general.--The information required to be
submitted under subparagraphs (A) through (C) of
paragraph (1)''; and
(B) by adding at the end the following:
``(B) Actual production history.--The information
required to be submitted under paragraph (1)(D) with
respect to an applicable policy or plan of insurance
shall be submitted so as to ensure receipt by the
Corporation not later than the Saturday of the week
containing the calendar day that is 30 days after the
applicable production reporting date for the crop to be
insured.''.
SEC. 11117. ACREAGE REPORT STREAMLINING INITIATIVE.
Section 515(j)(1)(B)(ii) of the Federal Crop Insurance Act (7
U.S.C. 1515(j)(1)(B)(ii)) is amended--
(1) by striking ``As soon'' and inserting the following:
``(I) In general.--As soon'';
(2) in subclause (I) (as so designated), by striking
``information'' and inserting ``information, electronically
(including in the form of geospatial data) or conventionally,''
and
(3) by adding at the end the following:
``(II) Method for determining
common information requirements.--Not
later than September 30, 2020, the
Administrator of the Risk Management
Agency and the Administrator of the
Farm Service Agency shall implement a
consistent method for determining crop
acreage, acreage yields, farm acreage,
property descriptions, and other common
informational requirements, including
measures of common land units.
``(III) Acceptance of data.--The
Corporation shall require each approved
insurance provider to accept from a
producer or an authorized agent of a
producer reports of crop acreage,
acreage yields, and other information
electronically (including in the form
of geospatial data) or conventionally,
at the option of the producer or the
agent of the producer, as
applicable.''.
SEC. 11118. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND AGENTS.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Continuing Education for Loss Adjusters and Agents.--
``(1) In general.--The Corporation shall establish
requirements for continuing education for loss adjusters and
agents of approved insurance providers.
``(2) Requirements.--The requirements for continuing
education described in paragraph (1) shall ensure that loss
adjusters and agents of approved insurance providers are
familiar with appropriate conservation activities and agronomic
practices that--
``(A) are common and appropriate to the area in
which the insured crop being inspected is produced; and
``(B) include organic and sustainable practices.''.
SEC. 11119. FUNDING FOR INFORMATION TECHNOLOGY.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended in subsection (l)(1)(A) (as redesignated by section 11118(1))--
(1) by striking clause (ii);
(2) in clause (i)--
(A) by striking ``(i)(I) for'' and inserting the
following:
``(i) for'';
(B) by striking ``and'' at the end; and
(C) by redesignating subclause (II) as clause (ii);
(3) in clause (ii) (as so redesignated), by striking ``or''
at the end and inserting ``and''; and
(4) by inserting after clause (ii) (as so redesignated) the
following:
``(iii) for each of fiscal years 2019 and
2020, $1,000,000.''.
SEC. 11120. AGRICULTURAL COMMODITY.
Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518) is
amended by inserting ``hemp,'' before ``aquacultural species''.
SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND MAINTENANCE
COSTS.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b))
is amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the
viability and marketability requirements under this
paragraph in the case of research and development
relating to a policy to insure the production of
hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting
the following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive
the marketability requirement under subparagraph (A) in
the case of research and development relating to a
policy to insure the production of hemp.''.
SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c))
is amended--
(1) by striking paragraphs (7) through (18) and (20)
through (23);
(2) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively;
(3) in paragraph (7) (as so redesignated) (entitled ``Whole
farm diversified risk management insurance plan''), by adding
at the end the following:
``(E) Review of modifications to improve
effectiveness.--
``(i) In general.--Not later than 2 years
after the date of enactment of the Agriculture
Improvement Act of 2018, the Corporation
shall--
``(I) hold stakeholder meetings to
solicit producer and agent feedback;
``(II) review procedures and
paperwork requirements on agents and
producers; and
``(III) modify procedures and
requirements, as appropriate, to
decrease burdens and increase
flexibility and effectiveness.
``(ii) Factors.--In carrying out subclauses
(II) and (III) of clause (i), the Corporation
shall consider--
``(I) removing caps on nursery and
livestock production;
``(II) allowing a waiver to expand
operations, especially for small and
beginning farmers;
``(III) minimizing paperwork for
producers and agents;
``(IV) implementing an option for
producers with less than $1,000,000 in
gross revenue that requires
significantly less paperwork and
recordkeeping;
``(V) developing and using
alternative records such as time-
stamped photographs or technology
applications to document planting and
production history;
``(VI) treating the different
growth stages of aquaculture species as
separate crops to recognize the
difference in perils at different
phases of growth;
``(VII) moderating the impacts of
disaster years on historic revenue,
such as--
``(aa) using an average of
the historic and projected
revenue;
``(bb) counting indemnities
as historic revenue for loss
years; or
``(cc) using an assigned
yield floor similar to a T-
yield, as determined by the
Secretary; and
``(VIII) improving agent training
and outreach to underserved regions and
sectors such as small dairy farms.'';
and
(4) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Irrigated grain sorghum crop insurance policy.--
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to
carry out research and development--
``(i) regarding improvements to 1 or more
policies to insure irrigated grain sorghum; and
``(ii) regarding alternative methods for
producers with not more than 4 years of
production history to insure irrigated grain
sorghum.
``(B) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) the results of the research and
development conducted under subparagraph (A);
and
``(ii) any recommendations with respect to
those results.
``(10) Limited irrigation practices.--
``(A) Authority.--The Corporation shall--
``(i) expand the availability of the
limited irrigation insurance program to not
fewer than 2 neighboring and similarly situated
States (such as the States of Colorado and
Nebraska), as determined by the Secretary;
``(ii) carry out research, or offer to
enter into 1 or more contracts with 1 or more
qualified persons to carry out research, on the
marketability of the existing limited
irrigation insurance program; and
``(iii) make recommendations on how to
improve participation in that program.
``(B) Research.--In carrying out research under
subparagraph (A), a qualified person shall--
``(i) collaborate with researchers on the
subjects of--
``(I) reduced irrigation practices
or limited irrigation practices; and
``(II) expected yield reductions
following the application of reduced
irrigation;
``(ii) collaborate with State and Federal
officials responsible for the collection of
water and the regulation of water use for the
purpose of irrigation;
``(iii) provide recommendations to
encourage producers to carry out limited
irrigation practices or reduced irrigation and
water conservation practices; and
``(iv) develop web-based applications that
will streamline access to coverage for
producers electing to conserve water use on
irrigated crops.
``(C) Report.--Not later than 18 months after the
date of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) the results of the research carried
out under subparagraphs (A) and (B);
``(ii) any recommendations to encourage
producers to carry out limited irrigation
practices or reduced irrigation and water
conservation practices; and
``(iii) the actions taken by the
Corporation to carry out the recommendations
described in clause (ii).
``(11) Quality loss.--
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to
carry out research and development, regarding the
establishment of each of the following alternative
methods of adjusting for quality losses:
``(i) A method that does not impact the
average production history of a producer.
``(ii) A method that is optional for a
producer to elect to use.
``(iii) A method that provides that, in
circumstances in which a producer has suffered
a quality loss to the insured crop of the
producer that is insufficient to trigger an
indemnity payment, the producer may elect to
exclude that quality loss from the actual
production history of the producer.
``(iv) 1 or more methods that combine 2 or
more of the methods described in clauses (i)
through (iii).
``(B) Requirements.--Notwithstanding subsections
(g) and (m) of section 508, any method developed under
subparagraph (A) that is used by the Corporation shall
be--
``(i) optional for a producer to use; and
``(ii) offered at an actuarially sound
premium rate.
``(C) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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
research and development carried out under subparagraph
(A).
``(12) Citrus.--
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to
carry out research and development, regarding the
insurance of citrus fruit commodities and commodity
types, including research and development of--
``(i) improvements to 1 or more existing
policies, including the whole-farm revenue
protection pilot policy;
``(ii) alternative methods of insuring
revenue for citrus fruit commodities and
commodity types; and
``(iii) the development of new, or
expansion of existing, revenue policies for
citrus fruit commodities and commodity types.
``(B) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) the results of the research and
development carried out under subparagraph (A);
and
``(ii) any recommendations with respect to
those results.
``(13) Greenhouse policy.--
``(A) In general.--
``(i) Research and development.--The
Corporation shall carry out research and
development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to
carry out research and development, regarding a
policy to insure in a controlled environment
such as a greenhouse--
``(I) the production of
floriculture, nursery, and bedding
plants;
``(II) the establishment of
cuttings or tissue culture in a growing
medium; or
``(III) other similar production,
as determined by the Secretary.
``(ii) Availability of policy or plan of
insurance.--Notwithstanding the last sentence
of section 508(a)(1), and section 508(a)(2),
the Corporation shall make a policy or plan of
insurance described in clause (i) available if
the requirements of section 508(h) are met.
``(B) Research and development described.--Research
and development described in subparagraph (A)(i) shall
evaluate the effectiveness of policies and plans of
insurance for the production of plants in a controlled
environment, including policies and plans of insurance
that--
``(i) are based on the risk of--
``(I) plant diseases introduced
from the environment;
``(II) contaminated cuttings,
seedlings, or tissue culture; or
``(III) Federal or State quarantine
or destruction orders associated with
the contaminated items described in
subclause (II);
``(ii) consider other causes of loss
applicable to a controlled environment, such as
a loss of electricity due to weather;
``(iii) consider appropriate best practices
to minimize the risk of loss;
``(iv) consider whether to provide coverage
for various types of plants under 1 policy or
plan of insurance or to provide coverage for 1
species or type of plant per policy or plan of
insurance;
``(v) have streamlined reporting and
paperwork requirements that take into account
short propagation schedules, variable crop
years, and the variety of plants that may be
produced in a single facility; and
``(vi) provide protection for revenue
losses.
``(C) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) describes the results of the research
and development conducted under subparagraphs
(A)(i) and (B); and
``(ii) any recommendations with respect to
those results.
``(14) Hops.--
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to
carry out research and development, regarding a policy
to insure the production of hops or revenue derived
from the production of hops.
``(B) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) the results of the research and
development conducted under subparagraph (A);
and
``(ii) any recommendations with respect to
those results.
``(15) Local foods.--
``(A) In general.--
``(i) Research and development.--The
Corporation shall carry out research and
development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to
carry out research and development, regarding a
policy to insure production--
``(I) of floriculture, fruits,
vegetables, poultry, livestock, or the
products of floriculture, fruits,
vegetables, poultry, or livestock; and
``(II) that is targeted toward
local consumers and markets.
``(ii) Availability of policy or plan of
insurance.--Notwithstanding the last sentence
of section 508(a)(1), and section 508(a)(2),
the Corporation shall make a policy or plan of
insurance described in clause (i) available if
the requirements of section 508(h) are met.
``(B) Research and development described.--Research
and development described in subparagraph (A)(i) shall
evaluate the effectiveness of policies and plans of
insurance for production targeted toward local
consumers and markets, including policies and plans of
insurance that--
``(i) consider small-scale production in
various areas, including urban, suburban, and
rural areas;
``(ii) consider a variety of marketing
strategies, including--
``(I) direct-to-consumer marketing;
``(II) farmers markets;
``(III) farm-to-institution
marketing; and
``(IV) marketing through community-
supported agriculture;
``(iii) allow for production in soil and in
alternative systems such as vertical systems,
greenhouses, rooftops, or hydroponic systems;
``(iv) consider the price premium when
accounting for production or revenue losses;
``(v) consider whether to provide
coverage--
``(I) for various types of
production under 1 policy or plan of
insurance; and
``(II) for 1 species or type of
plant per policy or plan of insurance;
and
``(vi) have streamlined reporting and
paperwork requirements.
``(C) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) examines whether a version of
existing policies such as the whole-farm
revenue protection insurance plan may be
tailored to provide improved coverage for
producers of local foods;
``(ii) describes the results of the
research and development conducted under
subparagraphs (A) and (B); and
``(iii) includes any recommendations with
respect to those results.
``(16) Insurable irrigation practices for rice.--
``(A) In general.--The Corporation shall carry out
research and development, or offer to enter into 1 or
more contracts with 1 or more qualified persons to
carry out research and development, to include new and
innovative irrigation practices under the current rice
policy or the development of a distinct plan of
insurance or policy endorsement rated for rice produced
using--
``(i) alternate wetting and drying
practices (also referred to as `intermittent
flooding'); and
``(ii) furrow irrigation practices.
``(B) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) the results of the research and
development carried out under paragraph (1);
and
``(ii) any recommendations with respect to
those results.
``(17) High-risk, highly productive batture land policy.--
``(A) In general.--
``(i) Research and development.--The
Corporation shall carry out research and
development, or offer to enter into 1 or more
contracts with 1 or more qualified persons to
carry out research and development, regarding a
policy to insure producers of corn, cotton, and
soybeans--
``(I) with operations on highly
productive batture land within the
Lower Mississippi River Valley below
Mississippi River mile 368.44;
``(II) that have a history of
production of not less than 5 years;
and
``(III) that have been impacted by
more frequent flooding over the past 10
years due to sedimentation and
federally constructed engineering
improvements.
``(ii) Availability of policy or plan of
insurance.--Notwithstanding the last sentence
of section 508(a)(1), and section 508(a)(2),
the Corporation shall make a policy or plan of
insurance described in clause (i) available if
the requirements of section 508(h) are met.
``(B) Research and development described.--Research
and development described in subparagraph (A)(i) shall
evaluate the feasibility of less cost-prohibitive
policies and plans of insurance for batture-land
producers in high risk areas, including policies and
plans of insurance that--
``(i) consider premium rate adjustments;
``(ii) consider automatic yield exclusion
for consecutive-year losses; and
``(iii) allow for flexibility of final
plant dates and prevent plant regulations.
``(C) Report.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of
2018, 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--
``(i) examines whether a version of
existing policies may be tailored to provide
improved coverage for batture-land producers;
``(ii) describes the results of the
research and development conducted under
subparagraphs (A) and (B); and
``(iii) includes any recommendations with
respect to those results.''.
SEC. 11123. EDUCATION ASSISTANCE.
Section 524(a)(3)(A) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)(3)(A)) is amended by inserting ``conservation activities,''
after ``benchmarking,''.
SEC. 11124. CROPLAND REPORT ANNUAL UPDATES.
Section 11014(c)(2) of the Agricultural Act of 2014 (Public Law
113-79; 128 Stat. 963) is amended in the matter preceding subparagraph
(A) by striking ``2018'' and inserting ``2023''.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.
Section 209 of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627a) is amended by striking subsection (c) and inserting the
following:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $1,500,000 for
each of fiscal years 2019 through 2023.''.
SEC. 12102. NATIONAL ANIMAL HEALTH LABORATORY NETWORK.
Section 10409A(d) of the Animal Health Protection Act (7 U.S.C.
8308a(d)) is amended by striking ``$15,000,000 for each of fiscal years
2014 through 2018'' and inserting ``$30,000,000 for each of fiscal
years 2019 through 2023''.
SEC. 12103. NATIONAL ANIMAL DISEASE PREPAREDNESS, RESPONSE, AND
RECOVERY PROGRAM; NATIONAL ANIMAL VACCINE AND VETERINARY
COUNTERMEASURES BANK.
The Animal Health Protection Act is amended by inserting after
section 10409A (7 U.S.C. 8308a) the following:
``SEC. 10409B. NATIONAL ANIMAL DISEASE PREPAREDNESS, RESPONSE, AND
RECOVERY PROGRAM; NATIONAL ANIMAL VACCINE AND VETERINARY
COUNTERMEASURES BANK.
``(a) National Animal Disease Preparedness, Response, and Recovery
Program.--
``(1) In general.--To prevent the introduction into or the
dissemination within the United States of any pest or disease
of animals affecting the economic interests of the livestock
and related industries of the United States (including the
maintenance and expansion of export market potential), the
Secretary shall establish a program to be known as the
`National Animal Disease Preparedness, Response, and Recovery
Program' (referred to in this subsection as the `Program').
``(2) Eligible activities.--Under the Program, the
Secretary shall support activities to prevent, detect, and
rapidly respond to animal pests and diseases, including--
``(A) enhancing animal pest and disease analysis
and surveillance;
``(B) expanding education and outreach;
``(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 to enhance
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
disease, including veterinary biologics, veterinary
diagnostics, animal drugs for minor use and minor
species, animal medical devices, and emerging
veterinary countermeasures; and
``(I) such other activities as determined
appropriate by the Secretary, in consultation with
entities described in paragraph (3)(B).
``(3) Cooperative agreements.--
``(A) In general.--In carrying out the Program, the
Secretary shall offer to enter into cooperative
agreements or other legal instruments with entities
described in subparagraph (B) to carry out activities
described in paragraph (2).
``(B) Eligible entities.--The Secretary may enter
into a cooperative agreement or other legal instrument
under subparagraph (A) with 1 or more of the following
entities:
``(i) A State department of agriculture.
``(ii) The State veterinarian or chief
animal health official of a State.
``(iii) A land-grant college or university
(as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)).
``(iv) A NLGCA Institution (as defined in
section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)).
``(v) A college of veterinary medicine.
``(vi) A State or national livestock
producer organization with a direct and
significant economic interest in livestock
production.
``(vii) A State, national, allied, or
regional veterinary organization or specialty
board recognized by the American Veterinary
Medical Association.
``(viii) An Indian tribe.
``(ix) A State emergency management agency.
``(x) A Federal agency.
``(C) Special funding considerations.--In entering
into cooperative agreements or other legal instruments
under subparagraph (A), the Secretary shall give
priority to--
``(i) a State department of agriculture;
``(ii) the State veterinarian or chief
animal health official of a State; and
``(iii) an eligible entity that shall carry
out Program activities in a State or region in
which--
``(I) an animal disease or pest is
a Federal concern, as determined by the
Secretary; or
``(II) there is potential for the
spread of an animal disease or pest, as
determined by the Secretary, taking
into consideration--
``(aa) the agricultural
industries in that State or
region;
``(bb) factors contributing
to animal disease or pests in
that State or region, such as
climate, natural resources,
geography, native or exotic
wildlife species, and other
disease vectors; and
``(cc) the movement of
animals in that State or
region.
``(D) Applications.--
``(i) In general.--An entity described in
subparagraph (B) desiring to enter into a
cooperative agreement or other legal instrument
under subparagraph (A) shall submit to the
Secretary an application at such time and
containing such information as the Secretary
may require.
``(ii) Notification.--The Secretary shall
notify an entity that submits an application
under clause (i) of--
``(I) the requirements to be
imposed on the entity for auditing of,
and reporting on, the use of any funds
provided by the Secretary under the
cooperative agreement or other legal
instrument; and
``(II) the criteria to be used to
ensure activities supported under the
cooperative agreement or other legal
instrument are based on sound
scientific data or thorough risk
assessments.
``(E) Use of funds.--
``(i) Subagreements.--Nothing in this
section prevents an entity from using funds
received under a cooperative agreement or other
legal instrument under subparagraph (A) to
enter into a subagreement with another
organization or a political subdivision of a
State that has legal responsibilities relating
to animal disease prevention, surveillance, or
rapid response.
``(ii) Non-federal share.--In determining
whether to enter into a cooperative agreement
or other legal instrument with an entity under
subparagraph (A), the Secretary--
``(I) may consider the ability of
the entity to provide non-Federal funds
to carry out the cooperative agreement
or other legal instrument; but
``(II) shall not require the
provision of non-Federal funds by an
entity as a condition to enter into a
cooperative agreement or other legal
instrument.
``(iii) Administration.--Of amounts made
available to carry out the Program, not more
than 10 percent may be retained by an entity
that receives funds under a cooperative
agreement or other legal instrument under
subparagraph (A), including a subagreement
under clause (i), to pay administrative costs
incurred by the entity in carrying out the
cooperative agreement or other legal
instrument.
``(4) Consultation.--The Secretary shall consult with
entities described in paragraph (3)(B) in establishing
priorities under the Program.
``(5) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any
consultation by the Secretary with an entity described in
paragraph (3)(B) under the Program.
``(6) Reports.--Not later than 90 days after the date on
which an entity completes an activity prescribed and funded by
a cooperative agreement or other legal instrument under
paragraph (3)(A), the entity shall submit to the Secretary a
report that describes the purposes and results of the activity.
``(b) National Animal Vaccine and Veterinary Countermeasures
Bank.--
``(1) In general.--The Secretary shall establish a National
Animal Vaccine and Veterinary Countermeasures Bank to benefit
the domestic interests of the United States.
``(2) Requirements.--Under the National Animal Vaccine and
Veterinary Countermeasures Bank, the Secretary shall--
``(A) leverage, as appropriate, the mechanisms and
infrastructure that have been developed for the
management, storage, and distribution of the National
Veterinary Stockpile; and
``(B) maintain a sufficient quantity of animal
vaccine, antiviral, therapeutic products, diagnostic
products, and veterinary countermeasures--
``(i) to appropriately respond to the most
damaging animal diseases affecting human health
or the economy; and
``(ii) that will be capable of rapid
deployment in the event of an outbreak of an
animal disease described in clause (i).
``(3) Foot-and-mouth disease priority.--
``(A) In general.--In carrying out paragraph (2),
the Secretary shall give priority to the maintenance of
a sufficient quantity of foot-and-mouth disease
vaccine, as determined by the Secretary, and
accompanying diagnostic products, covering, to the
maximum extent practicable, an appropriate
representation of foot-and-mouth disease serotypes and
strains for which appropriate vaccine products are
available.
``(B) Contracts.--The Secretary may offer to enter
into 1 or more contracts with 1 or more entities that
produce foot-and-mouth disease vaccine--
``(i) to maintain a bank of viral antigen
concentrate or vaccine products for, to the
maximum extent practicable, an appropriate
representation of foot-and-mouth disease
serotypes (as determined by the Secretary) for
which antigen concentrate is available; and
``(ii) to maintain surge production
capacity to produce, as quickly as practicable,
foot-and-mouth disease vaccine to address a
foot-and-mouth disease outbreak.
``(c) Use of Funds.--
``(1) Federal administration.--Of amounts made available to
carry out this section, not greater than 4 percent may be
retained by the Secretary to pay administrative costs incurred
by the Secretary in carrying out this section.
``(2) Buildings and facilities.--None of the amounts made
available to carry out this section shall be used for--
``(A) the construction of a new building or
facility;
``(B) the acquisition or expansion of an existing
building or facility;
``(C) site grading and improvement; or
``(D) architect fees.
``(3) Proceeds.--The proceeds from the sale of any vaccine
or antigen by the National Animal Vaccine and Veterinary
Countermeasures Bank shall--
``(A) be deposited in the Treasury;
``(B) be credited to an account for the operation
of the National Animal Vaccine and Veterinary
Countermeasures Bank;
``(C) be available for expenditure without further
appropriation; and
``(D) remain available until expended.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section, to
remain available until expended.''.
SEC. 12104. STUDY ON LIVESTOCK DEALER STATUTORY TRUST.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of establishing a livestock dealer statutory trust.
(b) Contents.--The study conducted under subsection (a) shall--
(1) analyze how the establishment of a livestock dealer
statutory trust would affect buyer and seller behavior in
markets for livestock (as defined in section 2(a) of the
Packers and Stockyards Act, 1921 (7 U.S.C. 182));
(2) consider what potential effects a livestock dealer
statutory trust would have on credit availability, including
impacts on lenders and lending behavior and other industry
participants;
(3) examine unique circumstances common to livestock
dealers and how those circumstances could impact the
functionality of a livestock dealer statutory trust;
(4) study the feasibility of the industry-wide adoption of
electronic funds transfer or another expeditious method of
payment to provide sellers of livestock protection from
nonsufficient funds payments;
(5) assess the effectiveness of statutory trusts in other
segments of agriculture and whether similar effects could be
experienced under a livestock dealer statutory trust; and
(6) consider the effects of exempting dealers with average
annual purchases under a de minimis threshold from being
subject to the livestock dealer statutory trust.
(c) Report.--Not later than 540 days after the date of enactment of
this Act, 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 findings
of the study conducted under subsection (a).
SEC. 12105. DEFINITION OF LIVESTOCK.
Section 602(2) of the Emergency Livestock Feed Assistance Act of
1988 (7 U.S.C. 1471(2)) is amended in the matter preceding subparagraph
(A) by striking ``fish'' and all that follows through ``that--'' and
inserting ``llamas, alpacas, live fish, crawfish, and other animals
that--''.
Subtitle B--Agriculture and Food Defense
SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.
Section 14111 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8911) is repealed.
SEC. 12202. OFFICE OF HOMELAND SECURITY.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6911 et seq.) is amended by adding at the end the
following:
``SEC. 221. OFFICE OF HOMELAND SECURITY.
``(a) Definition of Agriculture and Food Defense.--In this section,
the term `agriculture and food defense' means any action to prevent,
protect against, mitigate the effects of, respond to, or recover from a
naturally occurring, unintentional, or intentional threat to the
agriculture and food system.
``(b) Authorization.--The Secretary shall establish in the
Department the Office of Homeland Security.
``(c) Executive Director.--The Office of Homeland Security shall be
headed by an Executive Director, who shall be known as the `Executive
Director of Homeland Security'.
``(d) Duties.--The Executive Director of Homeland Security shall--
``(1) serve as the principal advisor to the Secretary on
homeland security, including emergency management and
agriculture and food defense;
``(2) coordinate activities of the Department, including
policies, processes, budget needs, and oversight relating to
homeland security, including emergency management and
agriculture and food defense;
``(3) act as the primary liaison on behalf of the
Department with other Federal departments and agencies in
activities relating to homeland security, including emergency
management and agriculture and food defense, and provide for
interagency coordination and data sharing;
``(4)(A) coordinate in the Department the gathering of
information relevant to early warning and awareness of threats
and risks to the food and agriculture critical infrastructure
sector; and
``(B) share that information with, and provide assistance
with interpretation and risk characterization of that
information to, the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C
3003)), law enforcement agencies, the Secretary of Defense, the
Secretary of Homeland Security, and State fusion centers (as
defined in section 210A(j) of the Homeland Security Act of 2002
(6 U.S.C. 124h(j));
``(5) liaison with the Director of National Intelligence to
assist in the development of periodic assessments and
intelligence estimates, or other intelligence products, that
support the defense of the food and agriculture critical
infrastructure sector;
``(6) coordinate the conduct, evaluation, and improvement
of exercises to identify and eliminate gaps in preparedness and
response;
``(7) produce a Department-wide centralized strategic
coordination plan to provide a high-level perspective of the
operations of the Department relating to homeland security,
including emergency management and agriculture and food
defense; and
``(8) carry out other appropriate duties, as determined by
the Secretary.
``(e) Agriculture and Food Threat Awareness Partnership Program.--
``(1) Interagency exchange program.--The Secretary, in
partnership with the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) and fusion centers (as defined in section 210A(j) of the
Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that have
analysis and intelligence capabilities relating to the defense
of the food and agriculture critical infrastructure sector,
shall establish and carry out an interagency exchange program
of personnel and information to improve communication and
analysis for the defense of the food and agriculture critical
infrastructure sector.
``(2) Collaboration with federal, state, and local
authorities.--To carry out the program established under
paragraph (1), the Secretary may--
``(A) enter into 1 or more cooperative agreements
or contracts with Federal, State, or local authorities
that have analysis and intelligence capabilities and
expertise relating to the defense of the food and
agriculture critical infrastructure sector; and
``(B) carry out any other activity under any other
authority of the Secretary that is appropriate to
engage the authorities described in subparagraph (A)
for the defense of the food and agriculture critical
infrastructure sector, as determined by the
Secretary.''.
SEC. 12203. AGRICULTURE AND FOOD DEFENSE.
(a) Definitions.--In this section:
(1) Animal.--The term ``animal'' has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(2) Disease or pest of concern.--The term ``disease or pest
of concern'' means a plant or animal disease or pest that--
(A) is--
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the
food and agriculture critical infrastructure sector
that warrants efforts at prevention, protection,
mitigation, response, and recovery planning.
(3) Established disease.--The term ``established disease''
means a plant or animal disease or pest that--
(A)(i) if it becomes established, poses an imminent
threat to agriculture in the United States; or
(ii) has become established, as defined by the
Secretary, within the United States; and
(B) requires management.
(4) High-consequence plant transboundary disease.--The term
``high-consequence plant transboundary disease'' means a
transboundary disease that is--
(A)(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the
Secretary.
(5) Pest.--The term ``pest''--
(A) with respect to a plant, has the meaning given
the term ``plant pest'' in section 403 of the Plant
Protection Act (7 U.S.C. 7702); and
(B) with respect to an animal, has the meaning
given the term in section 10403 of the Animal Health
Protection Act (7 U.S.C. 8302).
(6) Plant.--The term ``plant'' has the meaning given the
term in section 403 of the Plant Protection Act (7 U.S.C.
7702).
(7) Plant health management strategy.--The term ``plant
health management strategy'' means a strategy to timely control
and eradicate a plant disease or plant pest outbreak, including
through mitigation (such as chemical control), surveillance,
the use of diagnostic products and procedures, and the use of
existing resistant seed stock.
(8) Transboundary disease.--
(A) In general.--The term ``transboundary disease''
means a plant or animal disease or pest that is within
1 or more countries outside of the United States.
(B) Inclusion.--The term ``transboundary disease''
includes a plant or animal disease or pest described in
subparagraph (A) that--
(i) has emerged within the United States;
or
(ii) has been introduced within the United
States.
(9) Veterinary countermeasure.--The term ``veterinary
countermeasure'' means the use of any animal vaccine,
antiviral, therapeutic product, or diagnostic product to
respond to the most damaging animal diseases to animal and
human health and the economy.
(b) Disease and Pest of Concern Response Planning.--
(1) In general.--The Secretary shall--
(A) establish a list of diseases and pests of
concern by--
(i) developing a process to solicit and
receive expert opinion and evidence relating to
the diseases and pests of concern entered on
the list; and
(ii) reviewing all available evidence
relating to the diseases and pests of concern
entered on the list, including classified
information;
(B) periodically update the list established under
subparagraph (A); and
(C) develop a comprehensive strategic response plan
for the diseases and pests of concern that are entered
on that list.
(2) Response plans.--The Secretary shall provide
information to a State or regional authority to assist in
developing a comprehensive strategic response plan for that
State or region that shall--
(A) include--
(i) a concept of operations for each
disease or pest of concern; or
(ii) a platform concept of operations for
responses to similar diseases or pests, as
determined by the Secretary;
(B) describe the appropriate interactions among,
and roles of--
(i) Federal, State, Tribal, and units of
local government; and
(ii) plant or animal industry partners;
(C) include a decision matrix that may include--
(i) information and timing requirements
necessary for the use of veterinary
countermeasures;
(ii) plant health management strategies;
(iii) deployment of other key materials and
resources; and
(iv) parameters for transitioning from
outbreak response to disease management;
(D) identify key response performance metrics to
establish--
(i) benchmarking;
(ii) progressive exercise evaluation; and
(iii) continuing improvement of a response
plan, including by providing for--
(I) ongoing exercise evaluations to
improve a response plan over time; and
(II) strategic information to guide
investment in any appropriate research
to mitigate the risk of a disease or
pest of concern; and
(E) be updated periodically, as determined to be
appropriate by the Secretary, including in response
to--
(i) an exercise evaluation; or
(ii) new risk information becoming
available regarding a disease or pest of
concern.
(c) National Plant Diagnostic Network.--
(1) In general.--The Secretary shall establish in the
Department of Agriculture a National Plant Diagnostic Network
to monitor and surveil through diagnostics threats to plant
health from diseases or pests of concern in the United States.
(2) Requirements.--The National Plant Diagnostic Network
established under paragraph (1) shall--
(A) provide for increased awareness, early
identification, rapid communication, warning, and
diagnosis of a threat to plant health from a disease or
pest of concern to protect natural and agricultural
plant resources;
(B) coordinate and collaborate with agencies of the
Department of Agriculture and State agencies and
authorities involved in plant health;
(C) establish diagnostic laboratory standards;
(D) establish regional hubs throughout the United
States that provide expertise, leadership, and support
to diagnostic labs relating to the agricultural crops
and plants in the covered regions of those hubs; and
(E) establish a national repository for records of
endemic or emergent diseases and pests of concern.
(3) Head of network.--
(A) In general.--The Director of the National
Institute of Food and Agriculture shall serve as the
head of the National Plant Diagnostic Network.
(B) Duties.--The head of the National Plant
Diagnostic Network shall--
(i) coordinate and collaborate with land-
grant colleges and universities (as defined in
section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) in carrying out the
requirements under paragraph (2), including
through cooperative agreements described in
paragraph (4); and
(ii) partner with the Administrator of the
Animal and Plant Health Inspection Service for
assistance with plant health regulation and
inspection.
(4) Collaboration with land-grant colleges and
universities.--The Secretary shall seek to establish
cooperative agreements with land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) that have the appropriate level of skill,
experience, and competence with plant diseases or pests of
concern.
(5) Authorization of appropriations.--In addition to the
amount authorized to carry out this subtitle under section
12205, there is authorized to be appropriated to carry out this
subsection $15,000,000 for each of fiscal years 2019 through
2023.
(d) National Plant Disease Recovery System.--
(1) Recovery system.--The Secretary shall establish in the
Department of Agriculture a National Plant Disease Recovery
System to engage in strategic long-range planning to recover
from high-consequence plant transboundary diseases.
(2) Requirements.--The National Plant Disease Recovery
System established under paragraph (1) shall--
(A) coordinate with disease or pest of concern
concept of operations response plans;
(B) make long-range plans for the initiation of
future research projects relating to high-consequence
plant transboundary diseases;
(C) establish research plans for long-term
recovery;
(D) plan for the identification and use of specific
genotypes, cultivars, breeding lines, and other
disease-resistant materials necessary for crop
stabilization or improvement; and
(E) establish a watch list of high-consequence
plant transboundary diseases for the purpose of making
long-range plans under subparagraph (B).
SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST.
Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended--
(1) in subclause (III), by striking ``and'' at the end;
(2) by redesignating subclause (IV) as subclause (V); and
(3) by inserting after subclause (III) the following:
``(IV)(aa) whether placing an agent
or toxin on the list under subparagraph
(A) would have a substantial negative
impact on the research and development
of solutions for the animal or plant
disease caused by the agent or toxin;
and
``(bb) whether that negative impact
would substantially outweigh the risk
posed by the agent or toxin to animal
or plant health if it is not placed on
the list; and''.
SEC. 12205. AUTHORIZATION OF APPROPRIATIONS.
In addition to other amounts made available under this subtitle,
there is authorized to be appropriated to carry out this subtitle
$5,000,000 for each of fiscal years 2019 through 2023.
Subtitle C--Historically Underserved Producers
SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH.
(a) Repeal.--
(1) In general.--Section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2) Conforming amendments.--
(A) Section 226B(e)(2)(B) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C.
6934(e)(2)(B)) is amended by striking ``the beginning
farmer and rancher development program established
under section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f).'' and
inserting ``the beginning farmer and rancher
development grant program established under subsection
(d) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279).''.
(B) Section 251(f)(1)(D) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(D)) is amended by striking clause (iv) and
inserting the following:
``(iv) The beginning farmer and rancher
development grant program established under
subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279).''.
(C) Section 7506(e) of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 7614c(e)) is amended--
(i) in paragraph (2)(C)--
(I) by striking clause (v);
(II) by redesignating clauses (i)
through (iv) as clauses (ii) through
(v), respectively;
(III) by inserting before clause
(ii) (as so redesignated) the
following:
``(i) each grant awarded under subsection
(d) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C.
2279);'';
(IV) in clause (ii) (as so
redesignated), by striking
``450i(b)(2));'' and inserting
``3157(b)(2));''; and
(V) in clause (iv) (as so
redesignated), by adding ``and'' at the
end;
(ii) in paragraph (4)--
(I) by striking subparagraph (E);
(II) by redesignating subparagraphs
(A) through (D) as subparagraphs (B)
through (E), respectively;
(III) by inserting before
subparagraph (B) (as so redesignated)
the following:
``(A) subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279);'';
(IV) in subparagraph (B) (as so
redesignated), by striking
``450i(b));'' and inserting
``3157(b));'';
(V) in subparagraph (D) (as so
redesignated), by adding ``or'' at the
end; and
(VI) in subparagraph (E) (as so
redesignated), by striking ``; or'' and
inserting a period.
(b) Outreach and Education for Socially Disadvantaged Farmers and
Ranchers, Veteran Farmers and Ranchers, and Beginning Farmers and
Ranchers.--Section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended--
(1) by striking the section heading and inserting ``farming
opportunities training and outreach'';
(2) by redesignating subsections (a), (b), (c), (d), (e),
(g), (h), and (i) as subsections (c), (j), (o), (k), (a), (l),
(m), and (n), respectively, and moving the subsections so as to
appear in alphabetical order;
(3) by moving paragraph (5) of subsection (a) (as so
redesignated) so as to appear at the end of subsection (c) (as
so redesignated);
(4) in subsection (a) (as so redesignated)--
(A) by striking the subsection designation and
heading and inserting the following:
``(a) Definitions.--In this section:'';
(B) by redesignating paragraphs (1), (2), (3), (4),
and (6) as paragraphs (6), (5), (1), (3), and (4),
respectively, and moving the paragraphs so as to appear
in numerical order;
(C) in paragraphs (1), (5), and (6) (as so
redesignated), by striking ``As used in this section,
the'' each place it appears and inserting ``The''; and
(D) by inserting after paragraph (1) (as so
redesignated) the following:
``(2) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a person that--
``(A)(i) has not operated a farm or ranch; or
``(ii) has operated a farm or ranch for not more
than 10 years; and
``(B) meets such other criteria as the Secretary
may establish.'';
(5) by inserting after subsection (a) (as so redesignated)
the following:
``(b) Farming Opportunities Training and Outreach.--The Secretary
shall carry out this section to encourage and assist socially
disadvantaged farmers and ranchers, veteran farmers and ranchers, and
beginning farmers and ranchers in the ownership and operation of farms
and ranches through--
``(1) education and training; and
``(2) equitable participation in all agricultural programs
of the Department.'';
(6) in subsection (c) (as so redesignated and as amended by
paragraph (3))--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (1), (2), (3), and
(5) as paragraphs (2), (3), (4), and (1), respectively,
and moving the paragraphs so as to appear in numerical
order;
(C) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph
(A), by striking ``The term'' and inserting
``In this subsection, the term'';
(ii) in subparagraph (A)(ii), by striking
``subsection (a)'' and inserting ``this
subsection''; and
(iii) in subparagraph (F), by striking
``450b))'' and inserting ``5304))'';
(D) in subparagraph (B) of paragraph (2) (as so
redesignated), by striking ``agricultural'' and
inserting ``agricultural, forestry, and related'';
(E) in paragraph (3) (as so redesignated), by
striking ``(1)'' in the matter preceding subparagraph
(A) and inserting ``(2)''; and
(F) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)--
(I) by striking the subparagraph
heading and inserting ``Outreach and
technical assistance.--'';
(II) by striking ``(2)'' and
inserting ``(3)''; and
(III) by inserting ``to socially
disadvantaged farmers and ranchers and
veteran farmers and ranchers'' after
``assistance'';
(ii) in subparagraph (C), by striking
``(1)'' and inserting ``(2)'';
(iii) in subparagraph (D), by adding at the
end the following:
``(v) The number of farms or ranches
started, maintained, or improved as a result of
funds made available under the program.
``(vi) Actions taken by the Secretary in
partnership with eligible entities to enhance
participation in agricultural programs by
veteran farmers or ranchers and socially
disadvantaged farmers or ranchers.
``(vii) The effectiveness of the actions
described in clause (vi).''; and
(iv) by adding at the end the following:
``(E) Maximum term and amount of grant, contract,
or agreement.--A grant, contract, or agreement entered
into under subparagraph (A) shall be--
``(i) for a term of not longer than 3
years; and
``(ii) in an amount that is not more than
$250,000 for each year of the grant, contract,
or agreement.
``(F) Priority.--In making grants and entering into
contracts and other agreements under subparagraph (A),
the Secretary shall give priority to nongovernmental
and community-based organizations with an expertise in
working with socially disadvantaged farmers and
ranchers or veteran farmers and ranchers.
``(G) Regional balance.--To the maximum extent
practicable, the Secretary shall ensure the
geographical diversity of eligible entities to which
grants are made and contracts and other agreements are
entered into under subparagraph (A).
``(H) Prohibition.--A grant, contract, or other
agreement under subparagraph (A) may not be used for
the planning, repair, rehabilitation, acquisition, or
construction of a building or facility.
``(I) Peer review.--The Secretary shall establish a
fair and efficient external peer review process that--
``(i) the Secretary shall use in making
grants and entering into contracts and other
agreements under subparagraph (A); and
``(ii) shall include a broad representation
of peers of the eligible entity.
``(J) Input from eligible entities.--The Secretary
shall seek input from eligible entities providing
technical assistance under this subsection not less
than once each year to ensure that the program is
responsive to the eligible entities providing that
technical assistance.'';
(7) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Beginning Farmer and Rancher Development Grant Program.--
``(1) In general.--The Secretary, acting through the
Director of the National Institute of Food and Agriculture,
shall make competitive grants to support new and established
local and regional training, education, outreach, and technical
assistance initiatives for beginning farmers and ranchers.
``(2) Included programs and services.--Initiatives
described in paragraph (1) may include programs or services, as
appropriate, relating to--
``(A) basic livestock, forest management, and crop
farming practices;
``(B) innovative farm, ranch, and private,
nonindustrial forest land transfer and succession
strategies;
``(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) assisting beginning farmers and ranchers in
acquiring land from retiring farmers and ranchers;
``(L) agricultural rehabilitation and vocational
training for veteran farmers and ranchers;
``(M) farm safety and awareness;
``(N) food safety and recordkeeping; and
``(O) other similar subject areas of use to
beginning farmers and ranchers.
``(3) Eligibility.--
``(A) In general.--To be eligible to receive a
grant under this subsection, the recipient of the grant
shall be a collaborative State, Tribal, local, or
regionally-based network or partnership of public or
private entities.
``(B) Inclusions.--A recipient of a grant described
in subparagraph (A) may include--
``(i) a State cooperative extension
service;
``(ii) a Federal, State, municipal, or
Tribal agency;
``(iii) a community-based or
nongovernmental organization;
``(iv) a college or university (including
an institution awarding an associate's degree)
or foundation maintained by a college or
university; or
``(v) any other appropriate partner, as
determined by the Secretary.
``(4) Terms of grants.--A grant under this subsection
shall--
``(A) be for a term of not longer than 3 years; and
``(B) provide not more than $250,000 for each year.
``(5) Evaluation criteria.--In making grants under this
subsection, the Secretary shall evaluate, with respect to
applications for the grants--
``(A) relevancy;
``(B) technical merit;
``(C) achievability;
``(D) the expertise and track record of 1 or more
applicants;
``(E) the consultation of beginning farmers and
ranchers in design, implementation, and decisionmaking
relating to an initiative described in paragraph (1);
``(F) the adequacy of plans for--
``(i) a participatory evaluation process;
``(ii) outcome-based reporting; and
``(iii) the communication of findings and
results beyond the immediate target audience;
and
``(G) other appropriate factors, as determined by
the Secretary.
``(6) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
recipients of grants under this subsection.
``(7) Priority.--In making grants under this subsection,
the Secretary shall give priority to partnerships and
collaborations that are led by or include nongovernmental,
community-based organizations and school-based educational
organizations with expertise in new agricultural producer
training and outreach.
``(8) Prohibition.--A grant made under this subsection may
not be used for the planning, repair, rehabilitation,
acquisition, or construction of a building or facility.
``(9) Coordination permitted.--A recipient of a grant under
this subsection may coordinate with a recipient of a grant
under section 1680 in addressing the needs of veteran farmers
and ranchers with disabilities.
``(10) Consecutive awards.--A grant under this subsection
may be made to a recipient for consecutive years.
``(11) Peer review.--
``(A) In general.--The Secretary shall establish a
fair and efficient external peer review process, which
the Secretary shall use in making grants under this
subsection.
``(B) Requirement.--The peer review process under
subparagraph (A) shall include a review panel composed
of a broad representation of peers of the applicant for
the grant that are not applying for a grant under this
subsection.
``(12) Participation by other farmers and ranchers.--
Nothing in this subsection prohibits the Secretary from
allowing a farmer or rancher who is not a beginning farmer or
rancher (including an owner or operator that has ended, or
expects to end within 5 years, active labor in a farming or
ranching operation as a producer) from participating in a
program or service under this subsection, to the extent that
the Secretary determines that such participation--
``(A) is appropriate; and
``(B) will not detract from the primary purpose of
increasing opportunities for beginning farmers and
ranchers.
``(e) Application Requirements.--In making grants and entering into
contracts and other agreements, as applicable, under subsections (c)
and (d), the Secretary shall make available a simplified application
process for an application for a grant that requests less than
$50,000.'';
(8) by inserting after subsection (f) the following:
``(g) Education Teams.--
``(1) In general.--The Secretary shall establish beginning
farmer and rancher education teams to develop curricula and
conduct educational programs and workshops for beginning
farmers and ranchers in diverse geographical areas of the
United States.
``(2) Curriculum.--In promoting the development of
curricula under paragraph (1), the Secretary shall, to the
maximum extent practicable, include modules tailored to
specific audiences of beginning farmers and ranchers, based on
crop diversity or regional diversity.
``(3) Composition.--In establishing an education team under
paragraph (1) for a specific program or workshop, the Secretary
shall, to the maximum extent practicable--
``(A) obtain the short-term services of specialists
with knowledge and expertise in programs serving
beginning farmers and ranchers; and
``(B) use officers and employees of the Department
with direct experience in programs of the Department
that may be taught as part of the curriculum for the
program or workshop.
``(4) Cooperation.--
``(A) In general.--In carrying out this subsection,
the Secretary shall cooperate, to the maximum extent
practicable, with--
``(i) State cooperative extension services;
``(ii) Federal, State, and Tribal agencies;
``(iii) community-based and nongovernmental
organizations;
``(iv) colleges and universities (including
an institution awarding an associate's degree)
or foundations maintained by a college or
university; and
``(v) other appropriate partners, as
determined by the Secretary.
``(B) Cooperative agreements.--Notwithstanding
chapter 63 of title 31, United States Code, the
Secretary may enter into a cooperative agreement to
reflect the terms of any cooperation under subparagraph
(A).
``(h) Curriculum and Training Clearinghouse.--The Secretary shall
establish an online clearinghouse that makes available to beginning
farmers and ranchers education curricula and training materials and
programs, which may include online courses for direct use by beginning
farmers and ranchers.
``(i) Stakeholder Input.--In carrying out this section, the
Secretary shall seek stakeholder input from--
``(1) beginning farmers and ranchers;
``(2) socially disadvantaged farmers and ranchers;
``(3) veteran farmers and ranchers;
``(4) national, State, Tribal, and local organizations and
other persons with expertise in operating programs for--
``(A) beginning farmers and ranchers;
``(B) socially disadvantaged farmers and ranchers;
or
``(C) veteran farmers and ranchers;
``(5) the Advisory Committee on Beginning Farmers and
Ranchers established under section 5(b) of the Agricultural
Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law
102-554);
``(6) the Advisory Committee on Minority Farmers
established under section 14008 of the Food, Conservation, and
Energy Act of 2008 (7 U.S.C. 2279 note; Public Law 110-246);
and
``(7) the Tribal Advisory Committee established under
subsection (b) of section 309 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6921).'';
(9) in paragraph (3) of subsection (k) (as so
redesignated), by inserting ``and not later than March 1,
2020,'' after ``1991,''; and
(10) by adding at the end the following:
``(p) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $50,000,000 for fiscal year 2018 and each fiscal year
thereafter.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each fiscal years 2018 through 2023.
``(3) Reservation of funds.--Of the amounts made available
to carry out this section--
``(A) 50 percent shall be used to carry out
subsection (c); and
``(B) 50 percent shall be used to carry out
subsection (d).
``(4) Allocation of funds.--
``(A) In general.--Not less than 5 percent of the
amounts made available to carry out subsections (d) and
(n) for a fiscal year shall be used to support programs
and services that address the needs of--
``(i) limited resource beginning farmers
and ranchers, as defined by the Secretary;
``(ii) socially disadvantaged farmers and
ranchers that 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 amounts made available to carry out
subsections (d), (g), and (h) for a fiscal year shall
be used to support programs and services that address
the needs of veteran farmers and ranchers.
``(5) Interagency funding.--Any agency of the Department
may participate in any grant, contract, or agreement entered
into under this section by contributing funds, if the
contributing agency determines that the objectives of the
grant, contract, or agreement will further the authorized
programs of the contributing agency.
``(6) Administrative expenses.--Not more than 5 percent of
the amounts made available to carry out this section for a
fiscal year may be used for expenses relating to the
administration of this section.
``(7) Limitation on indirect costs.--A recipient of a grant
or a party to a contract or other agreement under subsection
(c) or (d) may not use more than 10 percent of the funds
received for the indirect costs of carrying out a grant.''.
SEC. 12302. URBAN AGRICULTURE.
(a) Definition of Director.--In this section, the term ``Director''
means the Director of the Office of Urban Agriculture and Innovative
Production established under section 222(a)(1) of the Department of
Agriculture Reorganization Act of 1994 (as added by subsection (b)).
(b) Office of Urban Agriculture and Innovative Production.--
Subtitle A of the Department of Agriculture Reorganization Act of 1994
(7 U.S.C. 6911 et seq.) (as amended by section 12202) is amended by
adding at the end the following:
``SEC. 222. OFFICE OF URBAN AGRICULTURE AND INNOVATIVE PRODUCTION.
``(a) Office.--
``(1) In general.--The Secretary shall establish in the
Department an Office of Urban Agriculture and Innovative
Production.
``(2) Director.--The Secretary shall appoint a senior
official to serve as the Director of the Office of Urban
Agriculture and Innovative Production (referred to in this
section as the `Director').
``(3) Mission.--The mission of the Office of Urban
Agriculture and Innovative Production shall be to encourage and
promote urban, indoor, and other emerging agricultural
practices, including--
``(A) community gardens and farms located in urban
areas, suburbs, and urban clusters;
``(B) rooftop farms, outdoor vertical production,
and green walls;
``(C) indoor farms, greenhouses, and high-tech
vertical technology farms;
``(D) hydroponic, aeroponic, and aquaponic farm
facilities; and
``(E) other innovations in agricultural production,
as determined by the Secretary.
``(4) Responsibilities.--The Director shall be responsible
for engaging in activities to carry out the mission described
in paragraph (3), including by--
``(A) managing and facilitating programs, including
for community gardens, urban farms, rooftop
agriculture, and indoor vertical production;
``(B) coordinating with the agencies and officials
of the Department;
``(C) advising the Secretary on issues relating to
the mission of the Office of Urban Agriculture and
Innovative Production;
``(D) ensuring that the programs of the Department
are updated to address urban, indoor, and other
emerging agricultural production practices, in
coordination with the officials in the Department
responsible for those programs;
``(E) engaging in external relations with
stakeholders and coordinating external partnerships to
share best practices, provide mentorship, and offer
technical assistance;
``(F) facilitating interagency program coordination
and developing interagency tools for the promotion of
existing programs and resources;
``(G) creating resources that identify common State
and municipal best practices for navigating local
policies;
``(H) reviewing and improving farm enterprise
development programs that provide information about
financial literacy, business planning, and food safety
record keeping;
``(I) coordinating networks of community gardens
and facilitating connections to local food banks, in
partnership with the Food and Nutrition Service; and
``(J) collaborating with other Federal agencies
that use agricultural practices on-site for food
production or infrastructure.
``(b) Urban Agriculture and Innovative Production Advisory
Committee.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish an
Urban Agriculture and Innovative Production Advisory Committee
(referred to in this subsection as the `Committee') to advise
the Secretary on--
``(A) the development of policies relating to
urban, indoor, and other emerging agricultural
production practices; and
``(B) any other aspects of the implementation of
this section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed
of 15 members, of whom--
``(i) 5 shall be individuals who are
agricultural producers, of whom--
``(I) not fewer than 2 individuals
shall be agricultural producers located
in an urban area or urban cluster; and
``(II) not fewer than 2 individuals
shall be farmers that use innovative
technology, including indoor farming
and rooftop agriculture;
``(ii) 2 shall be representatives from an
institution of higher education or extension
program;
``(iii) 1 shall be an individual who
represents a nonprofit organization, which may
include a public health, environmental, or
community organization;
``(iv) 1 shall be an individual who
represents business and economic development,
which may include a business development
entity, a chamber of commerce, a city
government, or a planning organization;
``(v) 1 shall be an individual with supply
chain experience, which may include a food
aggregator, wholesale food distributor, food
hub, or an individual who has direct-to-
consumer market experience;
``(vi) 1 shall be an individual from a
financing entity; and
``(vii) 4 shall be individuals with related
experience or expertise in urban, indoor, and
other emerging agriculture production
practices, as determined by the Secretary.
``(B) Initial appointments.--The Secretary shall
appoint the members of the Committee not later than 180
days after the date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in
subparagraph (B), a member of the Committee shall be
appointed for a term of 3 years.
``(B) Initial appointments.--Of the members first
appointed to the Committee--
``(i) 5 of the members, as determined by
the Secretary, shall be appointed for a term of
3 years;
``(ii) 5 of the members, as determined by
the Secretary, shall be appointed for a term of
2 years; and
``(iii) 5 of the members, as determined by
the Secretary, shall be appointed for a term of
1 year.
``(C) Vacancies.--Any vacancy in the Committee--
``(i) shall not affect the powers of the
Committee; and
``(ii) shall be filled as soon as
practicable in the same manner as the original
appointment.
``(D) Consecutive terms.--An initial appointee of
the committee may serve an additional consecutive term
if the member is reappointed by the Secretary.
``(4) Meetings.--
``(A) Frequency.--The Committee shall meet not
fewer than 3 times per year.
``(B) Initial meeting.--Not later than 60 days
after the date on which the members are appointed under
paragraph (2)(B), the Committee shall hold the first
meeting of the Committee.
``(5) Duties.--
``(A) In general.--The Committee shall--
``(i) develop recommendations--
``(I) to further the mission of the
Office of Urban Agriculture and
Innovative Production described in
subsection (a)(3);
``(II) regarding the establishment
of urban agriculture policy priorities
and goals within the Department;
``(ii) advise the Director on policies and
initiatives administered by the Office of Urban
Agriculture and Innovative Production;
``(iii) evaluate and review ongoing
research and extension activities relating to
urban, indoor, and other innovative
agricultural practices;
``(iv) identify new and existing barriers
to successful urban, indoor, and other emerging
agricultural production practices; and
``(v) provide additional assistance and
advice to the Director as appropriate.
``(B) Reports.--Not later than 1 year after the
date of enactment of this section, and each year
thereafter, the Committee shall submit to the
Secretary, the Committee on Agriculture of the House of
Representatives, and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report
describing the recommendations developed under
subparagraph (A)(i).
``(6) Personnel matters.--
``(A) Compensation.--A member of the Committee
shall serve without compensation.
``(B) Travel expenses.--A member of the Committee
shall be allowed travel expenses, including per diem in
lieu of subsistence, in accordance with section 5703 of
title 5, United States Code.
``(7) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years
after the date on which the members are appointed under
paragraph (2)(B).
``(B) Extensions.--Before the date on which the
Committee terminates, the Secretary may renew the
Committee for 1 or more 2-year periods.''.
(c) Farm Numbers.--The Secretary shall provide for the assignment
of a farm number (as defined in section 718.2 of title 7, Code of
Federal Regulations (as in effect on the date of enactment of this
Act)) for rooftop farms, indoor farms, and other urban farms, as
determined by the Secretary.
(d) Grant Authority.--
(1) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means--
(A) a community organization;
(B) a nonprofit organization;
(C) a unit of local government;
(D) a Tribal government;
(E) any school that serves any of grades
kindergarten through grade 12; and
(F) an institution of higher education.
(2) Grants.--The Director may award competitive grants to
eligible entities to support the development of urban
agriculture and innovative production.
(3) Funding priority.--In awarding grants under this
subsection, priority shall be given to an eligible entity that
uses and provides an evaluation of a grant received under this
subsection--
(A) to plan and construct gardens or nonprofit
farms;
(B) to operate community gardens or nonprofit farms
that--
(i) produce food for donation;
(ii) have a demonstrated environmental
benefit and educational component; and
(iii) are part of community efforts to
address local food security needs;
(C) to educate a community on--
(i) issues relating to food systems,
including connections between rural farmers and
urban communities;
(ii) nutrition;
(iii) environmental impacts, including
pollinator health, soil fertility, composing,
heat islands, and storm water runoff; and
(iv) agricultural production, including
pest and disease management; and
(D) to provide multiple small dollar equity
investments to help offset start-up costs relating to
new production, land access, and equipment for new and
beginning farmers who--
(i) develop a 3-year business plan;
(ii) live in the community in which they
plan to farm; and
(iii) provide a match to the start-up
investment in the form of cash or an in-kind
contribution.
(e) Pilot Projects.--
(1) Urban and suburban county committees.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
establish a pilot program for not fewer than 5 years
that establishes 10 county committees in accordance
with section 8(b)(5)(B)(ii)(II) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)(B)) to operate in counties located in urban
or suburban areas with a high concentration of urban or
suburban farms.
(B) Effect.--Nothing in this paragraph requires or
precludes the establishment of a Farm Service Agency
office in a county in which a county committee is
established under subparagraph (A).
(C) Report.--For fiscal year 2019 and each fiscal
year thereafter through fiscal year 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 a
report describing a summary of--
(i) the status of the pilot program under
subparagraph (A);
(ii) meetings and other activities of the
committees established under that subparagraph;
and
(iii) the types and volume of assistance
and services provided to farmers in counties in
which county committees are established under
that subparagraph.
(2) Increasing community compost and reducing food waste.--
(A) In general.--The Secretary, acting through the
Director (referred to in this paragraph as the
``Secretary''), shall carry out pilot projects under
which the Secretary shall offer to enter into
cooperative agreements with local or municipal
governments in not fewer than 10 States to develop and
test strategies for planning and implementing municipal
compost plans and food waste reduction plans.
(B) Eligible entities and purposes of pilot
projects.--Under a cooperative agreement entered into
under this paragraph, the Secretary shall provide
assistance to municipalities, counties, local
governments, or city planners, as appropriate, to carry
out planning and implementing activities that will--
(i) generate compost;
(ii) increase access to compost for
agricultural producers;
(iii) reduce reliance on, and limit the use
of, fertilizer;
(iv) improve soil quality;
(v) encourage waste management and
permaculture business development;
(vi) increase rainwater absorption;
(vii) reduce municipal food waste; and
(viii) divert food waste from landfills.
(C) Evaluation and ranking of applications.--
(i) Criteria.--Not later than 180 days
after the date of enactment of this Act, the
Secretary shall establish criteria for the
selection of pilot projects under this
paragraph.
(ii) Priority.--In selecting a pilot
project under this paragraph, the Secretary
shall give priority to an application for a
pilot project that--
(I) anticipates or demonstrates
economic benefits;
(II) incorporates plans to make
compost easily accessible to
agricultural producers, including
community gardeners;
(III) integrates other food waste
strategies, including food recovery
efforts; and
(IV) provides for collaboration
with multiple partners.
(D) Matching requirement.--The recipient of
assistance for a pilot project under this paragraph
shall provide funds, in-kind contributions, or a
combination of both from sources other than funds
provided through the grant in an amount equal to not
less than 25 percent of the amount of the grant.
(E) Evaluation.--The Secretary shall conduct an
evaluation of the pilot projects funded under this
paragraph to assess different solutions for increasing
access to compost and reducing municipal food waste,
including an evaluation of--
(i) the amount of Federal funds used for
each project; and
(ii) a measurement of the outcomes of each
project.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and the amendments made by this
section $25,000,000 for fiscal year 2019 and each fiscal year
thereafter.
SEC. 12303. OFFICE OF ADVOCACY AND OUTREACH.
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. 12304. TRIBAL ADVISORY COMMITTEE.
Section 309 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6921) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Tribal Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) 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).
``(B) Relevant committees of congress.--The term
`relevant Committees of Congress' means--
``(i) the Committee on Agriculture of the
House of Representatives;
``(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate; and
``(iii) the Committee on Indian Affairs of
the Senate.
``(C) Tribal organization.--The term `tribal
organization' has the meaning given the term in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(2) Establishment of committee.--
``(A) In general.--The Secretary shall establish an
advisory committee, to be known as the `Tribal Advisory
Committee' (referred to in this subsection as the
`Committee') to provide advice and guidance to the
Secretary on matters relating to Tribal and Indian
affairs.
``(B) Facilitation.--The Committee shall
facilitate, but not supplant, government-to-government
consultation between the Department of Agriculture
(referred to in this subsection as the `Department')
and Indian tribes.
``(3) Membership.--
``(A) Composition.--The Council shall be composed
of 9 members, of whom--
``(i) 7 shall be appointed by the
Secretary;
``(ii) 1 shall be appointed by the
chairperson of the Committee on Indian Affairs
of the Senate; and
``(iii) 1 shall be appointed by the ranking
Member of the Committee on Indian Affairs of
the Senate.
``(B) Nominations.--The Secretary shall accept
nominations for members of the Council from--
``(i) an Indian tribe;
``(ii) a tribal organization; and
``(iii) a national or regional organization
with expertise in issues relating to the duties
of the Committee described in paragraph (4).
``(C) Diversity.--To the maximum extent feasible,
the Secretary shall ensure that the members of the
Committee represent a diverse set of expertise on
issues relating to geographic regions, Indian tribes,
and the agricultural industry.
``(D) Limitation.--No member of the Committee shall
be an officer or employee of the Federal government.
``(E) Period of appointment; vacancies.--
``(i) In general.--Each member of the
Committee--
``(I) subject to clause (ii), shall
be appointed to a 3-year term; and
``(II) may be reappointed to not
more than 3 consecutive terms.
``(ii) Initial staggering.--The first 7
appointments made by the Secretary under
paragraph (3)(A)(i) shall be for a 2-year term.
``(iii) Vacancies.--Any vacancy in the
Council shall be filled in the same manner as
the original appointment not more than 90 days
after the date on which the position becomes
vacant.
``(F) Meetings.--
``(i) In general.--The Council shall meet
in person not less than twice each year.
``(ii) Office of tribal relations
representative.--Not fewer than 1
representative from the Office of Tribal
Relations of the Department shall be present at
each meeting of the Committee.
``(iii) Department of interior
representative.--The Assistant Secretary for
Indian Affairs of the Department of the
Interior (or a designee) shall be present at
each meeting of the Committee.
``(iv) Nonvoting representatives.--The
individuals described in clauses (ii) and (iii)
shall be nonvoting representatives.
``(4) Duties of committee.--The Committee shall--
``(A) identify evolving issues of relevance to
Indian tribes relating to programs of the Department;
``(B) communicate to the Secretary the issues
identified under subparagraph (A);
``(C) submit to the Secretary recommendations for
and solutions to--
``(i) the issues identified under
subparagraph (A);
``(ii) issues raised at the Tribal,
regional, or national level; and
``(iii) issues relating to any Tribal
consultation carried out by the Department;
``(D) discuss issues and proposals for changes to
the regulations, policies, and procedures of the
Department that impact Indian tribes;
``(E) identify priorities and provide advice on
appropriate strategies for Tribal consultation on
issues at the Tribal, regional, or national level
regarding the Department;
``(F) ensure that pertinent issues of the
Department are brought to the attention of an Indian
tribe in a timely manner so that timely feedback from
an Indian tribe can be obtained; and
``(G) identify and propose solutions to any
interdepartmental barrier between the Department and
other Federal agencies.
``(5) Reports.--
``(A) In general.--Not less frequently than once
each year, the Committee shall submit to the Secretary
and the relevant Committees of Congress a report that
describes--
``(i) the activities of the Committee
during the previous year; and
``(ii) recommendations for legislative or
administrative action for the following year.
``(B) Response from secretary.--Not more than 45
days after the date on which the Secretary receives a
report under subparagraph (A), the Secretary shall
submit a written response to that report to--
``(i) the Committee; and
``(ii) the relevant Committees of Congress.
``(6) Compensation of members.--Members of the Committee
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
Committee.
``(7) Federal advisory committee act exemption.--Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.''.
SEC. 12305. EXPERIENCED SERVICES PROGRAM.
(a) In General.--Section 1252 of the Food Security Act of 1985 (16
U.S.C. 3851) is amended--
(1) in the section heading, by striking ``agriculture
conservation'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``a conservation'' and
inserting ``an'';
(ii) by striking ``(in this section
referred to as the `ACES Program')'' and
inserting ``(referred to in this section as the
`program')''; and
(iii) by striking ``provide technical'' and
inserting the following: ``provide--
``(1) technical''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``Secretary. Such technical
services may include'' and inserting
``Secretary, including'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(2) technical, professional, and administrative services
to support the research, education, and economics mission area
of the Department of Agriculture (including the Agricultural
Research Service, the Economic Research Service, the National
Agricultural Library, the National Agricultural Statistics
Service, the Office of the Chief Scientist, and the National
Institute of Food and Agriculture), including--
``(A) supporting agricultural research and
information;
``(B) advancing scientific knowledge relating to
agriculture;
``(C) enhancing access to agricultural information;
``(D) providing statistical information and
research results to farmers, ranchers, agribusiness,
and public officials; and
``(E) assisting research, education, and extension
programs in land-grant colleges and universities (as
defined in section 1404 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103)).'';
(3) by striking ``ACES'' each place it appears;
(4) by striking ``technical services'' each place it
appears (other than in subsection (a)) and inserting
``technical, professional, or administrative services, as
applicable,''; and
(5) in subsection (c)(1)--
(A) by striking the paragraph heading and inserting
``Conservation technical services.--''; and
(B) by inserting ``with respect to subsection
(a)(1),'' before ``the Secretary''.
(b) Technical Amendment.--Title XII of the Food Security Act of
1985 is amended by moving section 1252 (16 U.S.C. 3851) (as amended by
subsection (a)) and section 1253 (as added by section 2409) to appear
after section 1251 (as added by section 2429).
SEC. 12306. YOUTH OUTREACH AND BEGINNING FARMER COORDINATION.
Subtitle D of title VII of the Farm Security and Rural Investment
Act of 2002 (as amended by section 12301(a)(1)) is amended by inserting
after section 7404 (7 U.S.C. 3101 note; Public Law 107-171) the
following:
``SEC. 7405. YOUTH OUTREACH AND BEGINNING FARMER COORDINATION.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a person that--
``(A)(i) has not operated a farm or ranch; or
``(ii) has operated a farm or ranch for not more
than 10 years; and
``(B) meets such other criteria as the Secretary
may establish.
``(2) National coordinator.--The term `National
Coordinator' means the National Beginning Farmer and Rancher
Coordinator established under subsection (b)(1).
``(3) State coordinator.--The term `State coordinator'
means a State beginning farmer and rancher coordinator
designated under subsection (c)(1)(A).
``(4) State office.--The term `State office' means--
``(A) a State office of--
``(i) the Farm Service Agency;
``(ii) the Natural Resources Conservation
Service;
``(iii) the Rural Business-Cooperative
Service; or
``(iv) the Rural Utilities Service; or
``(B) a regional office of the Risk Management
Agency.
``(b) National Beginning Farmer and Rancher Coordinator.--
``(1) Establishment.--The Secretary shall establish in the
Department the position of National Beginning Farmer and
Rancher Coordinator.
``(2) Duties.--
``(A) In general.--The National Coordinator shall--
``(i) advise the Secretary and coordinate
activities of the Department on programs,
policies, and issues relating to beginning
farmers and ranchers; and
``(ii) in consultation with the applicable
State food and agriculture council, determine
whether to approve a plan submitted by a State
coordinator under subsection (c)(3)(B).
``(B) Discretionary duties.--Additional duties of
the National Coordinator may include--
``(i) developing and implementing new
strategies--
``(I) for outreach to beginning
farmers and ranchers; and
``(II) to assist beginning farmers
and ranchers with connecting to owners
or operators that have ended, or expect
to end within 5 years, actively owning
or operating a farm or ranch; and
``(ii) facilitating interagency and
interdepartmental collaboration on issues
relating to beginning farmers and ranchers.
``(3) Reports.--Not less frequently than once each year,
the National Coordinator shall distribute within the Department
and make publicly available a report describing the status of
steps taken to carry out the duties described in subparagraphs
(A) and (B) of paragraph (2).
``(4) Contracts and cooperative agreements.--In carrying
out the duties under paragraph (2), the National Coordinator
may enter into a contract or cooperative agreement with an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)), cooperative
extension services (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103), or a nonprofit organization--
``(A) to conduct research on the profitability of
new farms in operation for not less than 5 years in a
region;
``(B) to develop educational materials;
``(C) to conduct workshops, courses, training, or
certified vocational training; or
``(D) to conduct mentoring activities.
``(c) State Beginning Farmer and Rancher Coordinators.--
``(1) In general.--
``(A) Designation.--The National Coordinator, in
consultation with State food and agriculture councils
and directors of State offices, shall designate in each
State a State beginning farmer and rancher coordinator
from among employees of State offices.
``(B) Requirements.--To be designated as a State
coordinator, an employee shall--
``(i) be familiar with issues relating to
beginning farmers and ranchers; and
``(ii) have the ability to interface with
other Federal departments and agencies.
``(2) Training.--The Secretary shall develop a training
plan to provide to each State coordinator knowledge of programs
and services available from the Department for beginning
farmers and ranchers, taking into consideration the needs of
all production types and sizes of agricultural operations.
``(3) Duties.--A State coordinator shall--
``(A) coordinate technical assistance at the State
level to assist beginning farmers and ranchers in
accessing programs of the Department;
``(B) develop and submit to the National
Coordinator for approval under subsection (b)(2)(A)(ii)
a State plan to improve the coordination, delivery, and
efficacy of programs of the Department to beginning
farmers and ranchers, taking into consideration the
needs of all types of production methods and sizes of
agricultural operation, at each county and area office
in the State;
``(C) oversee implementation of an approved State
plan described in subparagraph (B);
``(D) work with outreach coordinators in the State
offices to ensure appropriate information about
technical assistance is available at outreach events
and activities; and
``(E) coordinate partnerships and joint outreach
efforts with other organizations and government
agencies serving beginning farmers and ranchers.
``(d) Agricultural Youth Coordinator.--
``(1) Establishment.--The Secretary shall establish in the
Department the position of Agricultural Youth Coordinator.
``(2) Duties.--The Agricultural Youth Coordinator shall--
``(A) promote the role of school-based agricultural
education and youth-serving agricultural organizations
in motivating and preparing young people to pursue
careers in the agriculture, food, and natural resources
systems;
``(B) coordinate outreach to programs and agencies
within the Department--
``(i) to work with schools and youth-
serving organizations to develop joint programs
and initiatives, such as internships; and
``(ii) to provide resources and input to
schools and youth-serving organizations
regarding motivating and preparing young people
to pursue careers in the agriculture, food, and
natural resources systems;
``(C) raise awareness among youth about the
importance of agriculture in a diversity of fields and
disciplines;
``(D) provide information to persons involved in
youth, food, and agriculture organizations about the
availability of, and eligibility requirements for,
agricultural programs, with particular emphasis on--
``(i) beginning farmer and rancher
programs;
``(ii) agriculture education;
``(iii) nutrition education;
``(iv) science, technology, engineering,
and mathematics education; and
``(v) other food and agriculture programs
for youth;
``(E) serve as a resource for youth involved in
food and agriculture applying for participation in
agricultural programs;
``(F) conduct outreach to youth agriculture
organizations; and
``(G) advocate on behalf of youth involved in food
and agriculture and youth organizations in interactions
with employees of the Department.
``(3) Contracts and cooperative agreements.--For purposes
of carrying out the duties described in paragraph (2), the
Agricultural Youth Coordinator--
``(A) shall consult with land-grant colleges and
universities and cooperative extension services (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)); and
``(B) may enter into contracts or cooperative
agreements with the research centers of the
Agricultural Research Service, 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--
``(i) the development of educational
materials;
``(ii) the conduct of workshops, courses,
and certified vocational training;
``(iii) the conduct of mentoring
activities; or
``(iv) the provision of internship
opportunities.''.
SEC. 12307. AVAILABILITY OF DEPARTMENT OF AGRICULTURE PROGRAMS FOR
VETERAN FARMERS AND RANCHERS.
(a) Definition of Veteran Farmer or Rancher.--Paragraph (7) of
subsection (a) (as redesignated by section 12301(b)(3)) of section 2501
of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) is a veteran (as defined in section 101 of
that title) who has first obtained status as a veteran
(as so defined) during the most recent 10-year
period.''.
(b) Federal Crop Insurance.--
(1) Definition of veteran farmer or rancher.--Section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) (as
amended by section 11101) is amended by adding at the end the
following:
``(14) Veteran farmer or rancher.--The term `veteran farmer
or rancher' means a farmer or rancher who--
``(A) has served in the Armed Forces (as defined in
section 101 of title 38, United States Code); and
``(B)(i) has not operated a farm or ranch;
``(ii) has operated a farm or ranch for not more
than 5 years; or
``(iii) is a veteran (as defined in section 101 of
that title) who has first obtained status as a veteran
(as so defined) during the most recent 5-year
period.''.
(2) Crop insurance.--Section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended--
(A) in subsection (b)(5)(E)--
(i) by striking ``The Corporation'' and
inserting the following:
``(i) In general.--The Corporation''; and
(ii) in clause (i) (as so designated), by
striking the period at the end and inserting
the following: ``, and veteran farmers or
ranchers.
``(ii) Coordination.--The Corporation shall
coordinate with other agencies of the
Department that provide programs or services to
farmers and ranchers described in clause (i) to
make available coverage under the waiver under
that clause and to share eligibility
information to reduce paperwork and avoid
duplication.'';
(B) in subsection (e)(8)--
(i) in the paragraph heading, by inserting
``and veteran'' after ``beginning''; and
(ii) by inserting ``or veteran farmer or
rancher'' after ``beginning farmer or rancher''
each place it appears; and
(C) in subsection (g)--
(i) in paragraph (2)(B)(iii), in the matter
preceding subclause (I), by inserting ``or
veteran farmer or rancher'' after ``beginning
farmer or rancher'' each place it appears; and
(ii) in paragraph (4)(B)(ii)(II), by
inserting ``and veteran farmers or ranchers''
after ``beginning farmers or ranchers''.
(3) Education and risk management assistance.--Section
524(a)(4) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)(4)) is amended--
(A) in subparagraph (D)(ii), 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) veteran farmers or ranchers.''.
(c) Down Payment Loan Program.--Section 310E of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1935) is amended--
(1) in subsection (a)(1), by striking ``qualified beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers'' and inserting ``eligible farmers or ranchers'';
(2) in subsection (d)--
(A) in paragraph (2)(A), by striking ``recipients
of the loans'' and inserting ``farmers or ranchers'';
(B) by striking paragraph (3) and inserting the
following:
``(3) encourage retiring farmers and ranchers to assist in
the sale of their farms and ranches to eligible farmers or
ranchers by providing seller financing;''; and
(C) in paragraph (4), by striking ``for beginning
farmers or ranchers or socially disadvantaged farmers
or ranchers'' and inserting the following: ``for--
``(A) beginning farmers or ranchers;
``(B) socially disadvantaged farmers or ranchers,
as defined in section 355(e); or
``(C) veteran farmers or ranchers, as defined in
section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a))''; and
(D) in paragraph (5), by striking ``a qualified
beginning farmer or rancher or socially disadvantaged
farmer or rancher'' and inserting ``an eligible farmer
or rancher''; and
(3) by striking subsection (e) and inserting the following:
``(e) Definition of Eligible Farmer or Rancher.--In this section,
the term `eligible farmer or rancher' means--
``(1) a qualified beginning farmer or rancher;
``(2) a socially disadvantaged farmer or rancher, as
defined in section 355(e); and
``(3) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).''.
(d) Interest Rate Reduction Program.--Section 351(e)(2)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1999(e)(2)(B)) is
amended--
(1) in the subparagraph heading, by inserting ``and
veteran'' after ``Beginning'';
(2) in clause (i), by inserting ``or veteran farmers and
ranchers (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))'' before the period at the end; and
(3) in clause (ii), by striking ``beginning''.
(e) National Food Safety Training, Education, Extension, Outreach,
and Technical Assistance Program.--Section 405(c) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7625(c)) is amended by inserting ``veteran farmers or ranchers (as
defined in section 2501(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a))),'' after ``socially disadvantaged
farmers,''.
(f) Administration and Operation of Noninsured Crop Assistance
Program.--Section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (k)(2), by inserting ``, or a veteran
farmer or rancher (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))'' before the period at the end; and
(2) in subsection (l), in paragraph (3) (as redesignated by
section 1601(7)(C))--
(A) in the paragraph heading, by inserting
``veteran,'' before ``and socially''; and
(B) by inserting ``and veteran farmers or ranchers
(as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)))'' before ``in exchange''.
(g) Funding for Transition Option for Certain Farmers or
Ranchers.--Section 1241(a)(1)(B) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(1)(B)) is amended by striking ``beginning farmers or
ranchers and socially disadvantaged farmers or ranchers'' and inserting
``covered farmers or ranchers, as defined in section 1235(f)(1)''.
(h) Supplemental Agricultural Disaster Assistance.--
(1) Definition of covered producer.--Section 1501(a) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) Covered producer.--The term `covered producer' means
an eligible producer on a farm that is--
``(A) as determined by the Secretary--
``(i) a beginning farmer or rancher;
``(ii) a socially disadvantaged farmer or
rancher; or
``(iii) a limited resource farmer or
rancher; or
``(B) a veteran farmer or rancher, as defined in
section 2501(a) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 2279(a)).''.
(2) Emergency assistance for livestock, honey bees, and
farm-raised fish.--Section 1501(d) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)) is amended by adding at the end the
following:
``(4) Payment rate for covered producers.--In the case of a
covered producer that is eligible to receive assistance under
this subsection, the Secretary shall provide reimbursement of
90 percent of the cost of losses described in paragraph (1) or
(2).''.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND INTERGOVERNMENTAL
AFFAIRS.
(a) Assistant Secretaries of Agriculture.--Section 218(a)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6918(a)(1)) is amended by striking ``Relations'' and inserting
``Relations and Intergovernmental Affairs''.
(b) Succession.--Any official who is serving as the Assistant
Secretary of Agriculture for Congressional Relations on the date of
enactment of this Act and who was appointed by the President, by and
with the advice and consent of the Senate, shall not be required to be
reappointed as a result of the change made to the name of that position
under the amendment made by subsection (a).
SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.
Section 219 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6919) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(5) establish and periodically update the website
described in subsection (d); and
``(6) in carrying out the duties described in paragraphs
(1) through (5), consult with and provide technical assistance
to any Federal agency, including the Department of Defense, the
Department of Veterans Affairs, the Small Business
Administration, and the Department of Labor.''; and
(2) by adding at the end the following:
``(d) Website Required.--
``(1) In general.--The website required under subsection
(b)(5) shall include the following:
``(A) Positions identified within the Department of
Agriculture that are available to veterans for
apprenticeships.
``(B) Apprenticeships, programs of training on the
job, and programs of education that are approved for
purposes of chapter 36 of title 38, United States Code.
``(C) Employment skills training programs for
members of the Armed Forces carried out pursuant to
section 1143(e) of title 10, United States Code.
``(D) Information designed to assist businesses,
nonprofit entities, educational institutions, and
farmers interested in developing apprenticeships, on-
the-job training, educational, or entrepreneurial
programs for veterans in navigating the process of
having a program approved by a State approving agency
for purposes of chapter 36 of title 38, United States
Code, including--
``(i) contact information for relevant
offices in the Department of Defense,
Department of Veterans Affairs, Department of
Labor, and Small Business Administration;
``(ii) basic requirements for approval by
each State approving agency;
``(iii) recommendations with respect to
training and coursework to be used during
apprenticeships or on-the-job training that
will enable a veteran to be eligible for
agricultural programs; and
``(iv) examples of successful programs and
curriculums that have been approved for
purposes of chapter 36 of title 38, United
States Code (with consent of the organization
and without any personally identifiable
information).
``(2) Review of website.--
``(A) In general.--Not later than 5 years after the
date of enactment of this paragraph, and once every 5
years thereafter, the Secretary shall conduct a study
to determine if the website required under subsection
(b)(5) is effective in providing veterans the
information required under paragraph (1).
``(B) Ineffective website.--If the Secretary
determines that the website is not effective under
subparagraph (A), the Secretary shall--
``(i) notify the agriculture and veterans
committees described in subparagraph (C) of
that determination; and
``(ii) not earlier than 180 days after the
date on which the Secretary provides notice
under clause (i), terminate the website.
``(C) Agriculture and veterans committees.--The
agriculture and veterans committees referred to in
subparagraph (B)(i) are--
``(i) the Committee on Agriculture of the
House of Representatives;
``(ii) the Committee on Agriculture,
Nutrition, and Forestry of the Senate;
``(iii) the Committee on Veterans' Affairs
of the House of Representatives; and
``(iv) the Committee on Veterans' Affairs
of the Senate.
``(e) Consultation Required.--In carrying out this section, the
Secretary shall consult with organizations that serve veterans.
``(f) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall submit a report on
beginning farmer training for veterans and agricultural
vocational and rehabilitation programs for veterans to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Veterans' Affairs of the
House of Representatives;
``(C) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(D) the Committee on Veterans' Affairs of the
Senate.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include--
``(A) a summary of the measures taken to carry out
subsections (b) and (c);
``(B) a description of the information provided to
veterans under paragraphs (1) and (2) of subsection
(b);
``(C) recommendations for best informing veterans
of the programs described in paragraphs (1) and (2) of
subsection (b);
``(D) a summary of the contracts or cooperative
agreements entered into under subsection (c);
``(E) a description of the programs implemented
under subsection (c);
``(F) a summary of the employment outreach
activities directed to veterans;
``(G) recommendations for how opportunities for
veterans in agriculture should be developed or
expanded;
``(H) a summary of veteran farm lending data and a
summary of shortfalls, if any, identified by the
Military Veterans Agricultural Liaison in collecting
data with respect to veterans engaged in agriculture;
and
``(I) recommendations, if any, on how to improve
activities under subsection (b).
``(g) Public Dissemination of Information.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall make publicly
available and share broadly, including by posting on the
website of the Department--
``(A) the report of the Military Veterans
Agricultural Liaison on beginning farmer training for
veterans and agricultural vocational and rehabilitation
programs; and
``(B) the information disseminated under paragraphs
(1) and (2) of subsection (b).
``(2) Further dissemination.--Not later than the day before
the date on which the Military Veterans Agricultural Liaison
makes publicly available the information under paragraph (1),
the Military Veterans Agricultural Liaison shall provide that
information to the Department of Defense, the Department of
Veterans Affairs, the Small Business Administration, and the
Department of Labor.''.
SEC. 12403. CIVIL RIGHTS ANALYSES.
(a) In General.--Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6911 et seq.) (as amended by
section 12302(b)) is amended by adding at the end the following:
``SEC. 223. CIVIL RIGHTS ANALYSES.
``(a) Definition of Civil Rights Analysis.--In this section, the
term `civil rights analysis' means a review to analyze and identify
actions, policies, and decisions under documents described in
subsection (b) that may have an adverse or disproportionate impact on
employees, contractors, or beneficiaries (including participants) of
any program or activity of the Department based on the membership of
the employees, contractors, or beneficiaries in a group that is
protected under Federal law from discrimination in employment,
contracting, or provision of a program or activity, as applicable.
``(b) Actions, Policies, and Decisions.--Before implementing any of
the following action, policy, or decision documents, the Secretary
shall conduct a civil rights analysis of the action, policy, or
decision that is the subject of the document:
``(1) New, revised, or interim rules and notices to be
published in the Federal Register or the Code of Federal
Regulations.
``(2) Charters for advisory committees, councils, or boards
managed by any agency of the Department on behalf of the
Secretary.
``(3) Any regulations of the Department or new or revised
agency-specific instructions, procedures, or other guidance
published in an agency directives system.
``(4) Reductions-in-force or transfer of function
proposals, including reorganization of the Department.
``(5) At the discretion of the Secretary, any other policy,
program, or activity documents that have potentially adverse
civil rights impacts.
``(c) Expedited Review.--The Assistant Secretary for Civil Rights
may grant, on a case-by-case basis, an expedited civil rights analysis
if the head of an agency within the Department provides a written
justification for the expedited civil rights analysis.
``(d) Waiver.--On petition by the head of any agency within the
Department, the Assistant Secretary for Civil Rights may grant, on a
case-by-case basis, a waiver of the civil rights analysis if the
Assistant Secretary for Civil Rights determines that there is no
foreseeable adverse or disproportionate impact described in subsection
(a) of the proposed action, policy, or decision document described in
subsection (b).''.
(b) Study; Report.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall conduct a study describing--
(A) the effectiveness of the Department of
Agriculture in processing and resolving civil rights
complaints;
(B) minority participation rates in farm programs,
including a comparison of overall farmer and rancher
participation with minority farmer and rancher
participation by considering particular aspects of the
programs of the Department of Agriculture for
producers, such as ownership status, program
participation, usage of permits, and waivers;
(C) the realignment the civil rights functions of
the Department of Agriculture, as outlined in
Secretarial Memorandum 1076-023 (March 9, 2018),
including an analysis of whether that realignment has
any negative implications on the civil rights functions
of the Department;
(D) efforts of the Department of Agriculture to
identify actions, programs, or activities of the
Department of Agriculture that may adversely affect
employees, contractors, or beneficiaries (including
participants) of the action, program, or activity based
on the membership of the employees, contractors, or
beneficiaries in a group that is protected under
Federal law from discrimination in employment,
contracting, or provision of an action, program, or
activity, as applicable; and
(E) efforts of the Department of Agriculture to
strategically plan actions to decrease discrimination
and civil rights complaints within the Department of
Agriculture or in the carrying out of the programs and
authorities of the Department of Agriculture.
(2) Report.--Not later than 60 days after the date of
completion of the study under paragraph (1), the Comptroller
General shall submit a report describing the results of the
study to--
(A) the Committee on Agriculture of the House of
Representatives; and
(B) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
SEC. 12404. FARM SERVICE AGENCY.
(a) In General.--Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) is amended--
(1) in the section heading, by striking ``consolidated
farm'' and inserting ``farm'';
(2) in subsection (b), in the subsection heading, by
striking ``of Consolidated Farm Service Agency''; and
(3) by striking ``Consolidated Farm'' each place it appears
and inserting ``Farm''.
(b) Conforming Amendments.--
(1) Section 246 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962) is amended--
(A) in subsection (c), by striking ``Consolidated
Farm'' each place it appears and inserting ``Farm'';
and
(B) in subsection (e)(2), by striking
``Consolidated Farm'' each place it appears and
inserting ``Farm''.
(2) Section 271(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended by
striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
(3) Section 275(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by
striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
(a) 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''.
(b) 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 Farm
Production and Conservation''.
(c) Food Aid Consultative Group.--Section 205(b)(2) of the Food for
Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking ``Under
Secretary of Agriculture for Farm and Foreign Agricultural Services''
and inserting ``Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs''.
(d) 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'' and
all that follows through ``designee'' and inserting ``Under Secretary
of Agriculture for Trade and Foreign Agricultural Affairs, or the
designee of that Under Secretary''.
SEC. 12406. UNDER SECRETARY OF AGRICULTURE FOR RURAL DEVELOPMENT.
Section 231 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6941) is amended--
(1) in subsection (a), by striking ``is authorized to'' and
inserting ``shall'';
(2) in subsection (b), by striking ``If the Secretary'' and
all that follows through ``the Under Secretary'' and inserting
``The Under Secretary of Agriculture for Rural Development'';
and
(3) by adding at the end the following:
``(g) Termination of Authority.--Section 296(b)(9) shall not apply
to this section.''.
SEC. 12407. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE.
(a) In General.--
(1) Technical correction.--
(A) In general.--Section 232(b) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C.
6942(b)) (as in effect on the day before the effective
date of the amendments made by section 2(a)(2) of the
Presidential Appointment Efficiency and Streamlining
Act of 2011 (Public Law 112-166; 126 Stat. 1283, 1295))
is amended--
(i) by striking paragraph (2) (relating to
succession); and
(ii) by redesignating paragraph (3)
(relating to the Executive Schedule) as
paragraph (2).
(B) Effective date.--The amendments made by
subparagraph (A) take effect on the effective date
described in section 6(a) of the Presidential
Appointment Efficiency and Streamlining Act of 2011
(Public Law 112-166; 126 Stat. 1295).
(2) Compensation.--Section 232(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) (as
amended by paragraph (1)) is amended by adding at the end the
following:
``(3) Compensation.--The Administrator of the Rural
Utilities Service shall receive basic pay at a rate not to
exceed the maximum amount of compensation payable to a member
of the Senior Executive Service under subsection (b) of section
5382 of title 5, United States Code, except that the
certification requirement under that subsection shall not apply
to the compensation of the Director.''.
(b) Conforming Amendments.--
(1) Section 5315 of title 5, United States Code, is amended
by striking ``Administrator, Rural Utilities Service,
Department of Agriculture.''.
(2) Section 748 of Public Law 107-76 (7 U.S.C. 918b) is
amended by striking ``the Administrator of the Rural Utilities
Service'' and inserting ``the Secretary of Agriculture''.
(3) Section 379B(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008p(a)) is amended by striking
``Secretary'' and all that follows through ``may'' and
inserting ``Secretary may''.
(4) Section 6407(b)(4) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a(b)(4)) is amended by
striking ``Agriculture'' and all that follows through
``Service'' and inserting ``Agriculture''.
(5) Section 1004 of the Launching our Communities' Access
to Local Television Act of 2000 (47 U.S.C. 1103) is amended--
(A) in subsection (b)(1), by striking ``The
Administrator (as defined in section 1005)'' and
inserting ``The Secretary of Agriculture''; and
(B) in subsection (h)(2)(D), by striking
``Administrator'' each place it appears and inserting
``Secretary of Agriculture''.
(6) Section 1005 of the Launching our Communities' Access
to Local Television Act of 2000 (47 U.S.C. 1104) is amended--
(A) in subsection (a), by striking ``The
Administrator'' and all that follows through ``shall''
and inserting ``The Secretary of Agriculture (referred
to in this section as the `Secretary') shall''; and
(B) by striking ``Administrator'' each place it
appears and inserting ``Secretary''.
SEC. 12408. RURAL HEALTH LIAISON.
Subtitle C of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended by adding
at the end the following:
``SEC. 236. RURAL HEALTH LIAISON.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Rural Health Liaison.
``(b) Duties.--The Rural Health Liaison shall--
``(1) in consultation with the Secretary of Health and
Human Services, coordinate the role of the Department with
respect to rural health;
``(2) integrate across the Department the strategic
planning and activities relating to rural health;
``(3) improve communication relating to rural health within
the Department and between Federal agencies;
``(4) advocate on behalf of the health care and relevant
infrastructure needs in rural areas;
``(5) provide to stakeholders, potential grant applicants,
Federal agencies, State agencies, Indian Tribes, private
organizations, and academic institutions relevant data and
information, including the eligibility requirements for, and
availability and outcomes of, Department programs applicable to
the advancement of rural health;
``(6) maintain communication with public health, medical,
occupational safety, and telecommunication associations,
research entities, and other stakeholders to ensure that the
Department is aware of current and upcoming issues relating to
rural health;
``(7) consult on programs, pilot projects, research,
training, and other affairs relating to rural health at the
Department and other Federal agencies;
``(8) provide expertise on rural health to support the
activities of the Secretary as Chair of the Interagency Task
Force on Agriculture and Rural Prosperity; and
``(9) provide technical assistance and guidance with
respect to activities relating to rural health to the outreach,
extension, and county offices of the Department.''.
SEC. 12409. HEALTHY FOOD FINANCING INITIATIVE.
Section 243 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6953) is amended--
(1) in subsection (a), by inserting ``and enterprises''
after ``retailers'';
(2) in subsection (b)(3)(B)(iii), by inserting ``and
enterprises'' after ``retailers''; and
(3) in subsection (c)(2)(B)(ii), by inserting ``as
applicable,'' before ``to accept''.
SEC. 12410. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Field Offices.--Section 246 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by section
12404(b)(1)) is amended by adding at the end the following:
``(g) Field Offices.--
``(1) In general.--The Secretary shall not close any field
office of the Natural Resources Conservation Service unless,
not later than 60 days before the date of the closure, the
Secretary submits to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a notification of the closure.
``(2) Employees.--The Secretary shall not permanently
relocate any field-based employees of the Natural Resources
Conservation Service or the rural development mission area if
doing so would result in a field office of the Natural
Resources Conservation Service or the rural development mission
area with 2 or fewer employees, unless, not later than 60 days
before the date of the permanent relocation, the Secretary
submits to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a notification of the permanent
relocation.''.
(b) Technical Corrections.--Section 246 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by
subsection (a)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(C) in paragraph (4) (as so redesignated), by
inserting ``; Public Law 101-624'' after ``note''; and
(D) in paragraph (5) (as so redesignated), by
striking ``3831-3836'' and inserting ``3831 et seq.'';
and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``paragraphs (1), (2), and (4) of subsection
(b) and the program under subchapter C of chapter 1 of subtitle
D of title XII of the Food Security Act of 1985 (16 U.S.C.
3837-3837f)'' and inserting ``paragraphs (1) and (3) of
subsection (b)''.
(c) Relocation in Act.--
(1) In general.--Section 246 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (b)) is--
(A) redesignated as section 228; and
(B) moved so as to appear at the end of subtitle B
of title II (7 U.S.C. 6931 et seq.).
(2) Conforming amendments.--
(A) Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) (as amended
by section 12404(a)) is amended--
(i) in subsection (b)(5), by striking
``section 246(b)'' and inserting ``section
228(b)''; and
(ii) in subsection (g)(2), by striking
``section 246(b)'' and inserting ``section
228(b)''.
(B) Section 271(2)(F) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C.
6991(2)(F)) is amended by striking ``section 246(b)''
and inserting ``section 228(b)''.
SEC. 12411. OFFICE OF THE CHIEF SCIENTIST.
(a) In General.--Section 251(e) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended--
(1) in the subsection heading, by striking ``Research,
Education, and Extension Office'' and inserting ``Office of the
Chief Scientist'';
(2) in paragraph (1), by striking ``Research, Education,
and Extension Office'' and inserting ``Office of the Chief
Scientist'';
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Research, Education, and Extension Office''
and inserting ``Office of the Chief Scientist'';
(4) in paragraph (3)(C), by striking ``subparagraph (A)
shall not exceed 4 years'' and inserting ``clauses (i) and
(iii) of subparagraph (A) shall be for not less than 3 years'';
(5) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(6) by inserting after paragraph (3) the following:
``(4) Additional leadership duties.--In addition to
selecting the Division Chiefs under paragraph (3), using
available personnel authority under title 5, United States
Code, the Under Secretary shall select personnel--
``(A) to oversee implementation, training, and
compliance with the scientific integrity policy of the
Department;
``(B)(i) to integrate strategic program planning
and evaluation functions across the programs of the
Department; and
``(ii) to help prepare the annual report to
Congress on the relevance and adequacy of programs
under the jurisdiction of the Under Secretary;
``(C) to assist the Chief Scientist in coordinating
the international engagements of the Department with
the Department of State and other international
agencies and offices of the Federal Government; and
``(D) to oversee other duties as may be required by
law or Department policy.'';
(7) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking
``Notwithstanding'' and inserting the following:
``(i) Authorization of appropriations.--
There are authorized to be appropriated such
sums as are necessary to fund the costs of
Division personnel.
``(ii) Additional funding.--In addition to
amounts made available under clause (i),
notwithstanding''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) provides strong staff continuity to
the Office of the Chief Scientist.''; and
(8) in paragraph (6) (as so redesignated), by striking
``Research, Education and Extension Office'' and inserting
``Office of the Chief Scientist''.
(b) Conforming Amendments.--
(1) Section 251(f)(5)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended
by striking ``Research, Education and Extension Office'' and
inserting ``Office of the Chief Scientist''.
(2) Section 296(b)(6)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended
by striking ``Research, Education, and Extension Office'' and
inserting ``Office of the Chief Scientist''.
SEC. 12412. TRADE AND FOREIGN AGRICULTURAL AFFAIRS.
The Department of Agriculture Reorganization Act of 1994 is
amended--
(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) as
subtitle K; and
(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.)
the following:
``Subtitle J--Trade and Foreign Agricultural Affairs
``SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND FOREIGN
AGRICULTURAL AFFAIRS.
``(a) Establishment.--There is established in the Department the
position of Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs.
``(b) Appointment.--The Under Secretary of Agriculture for Trade
and Foreign Agricultural Affairs shall be appointed by the President,
by and with the advice and consent of the Senate.
``(c) Functions.--
``(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs those functions and duties under the
jurisdiction of the Department that are related to trade and
foreign agricultural affairs.
``(2) Additional functions.--The Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs shall
perform such other functions and duties as may be--
``(A) required by law; or
``(B) prescribed by the Secretary.''.
SEC. 12413. REPEALS.
(a) Department of Agriculture Reorganization Act of 1994.--The
following provisions of the Department of Agriculture Reorganization
Act of 1994 are repealed:
(1) Section 211 (7 U.S.C. 6911).
(2) Section 213 (7 U.S.C. 6913).
(3) Section 214 (7 U.S.C. 6914).
(4) Section 217 (7 U.S.C. 6917).
(5) Section 247 (7 U.S.C. 6963).
(6) Section 252 (7 U.S.C. 6972).
(7) Section 295 (7 U.S.C. 7013).
(b) Other Provision.--Section 3208 of the Agricultural Act of 2014
(7 U.S.C. 6935) is repealed.
SEC. 12414. TECHNICAL CORRECTIONS.
(a) Office of Risk Management.--Section 226A(a) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933(a)) is amended
by striking ``Subject to subsection (e), the Secretary'' and inserting
``The Secretary''.
(b) Correction of Error.--
(1) Assistant secretaries of agriculture.--Section 218 of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918) (as in effect on the day before the effective date
of the amendments made by section 2(a)(1) of the Presidential
Appointment Efficiency and Streamlining Act of 2011 (Public Law
112-166; 126 Stat. 1283, 1295)) is amended by striking
``Senate.'' in subsection (b) and all that follows through
``responsibility for--'' in the matter preceding paragraph (1)
of subsection (d) and inserting the following: ``Senate.
``(c) Duties of Assistant Secretary of Agriculture for Civil
Rights.--The Secretary may delegate to the Assistant Secretary for
Civil Rights responsibility for--''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the effective date described in section 6(a) of
the Presidential Appointment Efficiency and Streamlining Act of
2011 (Public Law 112-166; 126 Stat. 1295).
SEC. 12415. EFFECT OF SUBTITLE.
(a) Effective Date.--Except as provided in sections 12407(a)(1)(B)
and 12414(b)(2), this subtitle and the amendments made by this subtitle
take effect on the date of enactment of this Act.
(b) Savings Clause.--Nothing in this subtitle or an amendment made
by this subtitle affects--
(1) the authority of the Secretary to continue to carry out
a function vested in, and performed by, the Secretary as of the
date of enactment of this Act; or
(2) the authority of an agency, office, officer, or
employee of the Department of Agriculture to continue to
perform all functions delegated or assigned to the agency,
office, officer, or employee as of the date of enactment of
this Act.
SEC. 12416. TERMINATION OF AUTHORITY.
Section 296(b) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the
following:
``(9) The authority of the Secretary to carry out the
amendments made to this title by the Agriculture Improvement
Act of 2018.''.
Subtitle E--Other Miscellaneous Provisions
SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM.
Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C.
1632c(f)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 12502. 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. 12503. PET AND WOMEN SAFETY.
(a) Pet Involvement in Crimes Related to Domestic Violence and
Stalking.--
(1) Interstate stalking.--Section 2261A of title 18, United
States Code, is amended--
(A) in paragraph (1)(A)--
(i) in clause (ii), by striking ``or'' at
the end; and
(ii) by inserting after clause (iii) the
following:
``(iv) the pet of that person; or''; and
(B) in paragraph (2)(A)--
(i) by inserting after ``to a person'' the
following: ``or a pet''; and
(ii) by striking ``or (iii)'' and inserting
``(iii), or (iv)''.
(2) Interstate violation of protection order.--Section 2262
of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting after
``another person'' the following: ``or the pet
of that person''; and
(ii) in paragraph (2), by inserting after
``proximity to, another person'' the following
``or the pet of that person''; and
(B) in subsection (b)(5), by inserting after ``in
any other case,'' the following: ``including any case
in which the offense is committed against a pet,''.
(3) Restitution to include veterinary services.--Section
2264 of title 18, United States Code, is amended in subsection
(b)(3)--
(A) by redesignating subparagraph (F) as
subparagraph (G);
(B) in subparagraph (E), by striking ``and'' at the
end; and
(C) by inserting after subparagraph (E) the
following:
``(F) veterinary services relating to physical care
for the victim's pet; and''.
(4) Pet defined.--Section 2266 of title 18, United States
Code, is amended by inserting after paragraph (10) the
following:
``(11) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, horse, or other
animal that is kept for pleasure rather than for commercial
purposes.''.
(b) Emergency and Transitional Pet Shelter and Housing Assistance
Grant Program.--
(1) In general.--The Secretary, acting in consultation with
the Office of the Violence Against Women of the Department of
Justice, the Secretary of Housing and Urban Development, and
the Secretary of Health and Human Services, shall award grants
under this subsection to eligible entities to carry out
programs to provide the assistance described in paragraph (3)
with respect to victims of domestic violence, dating violence,
sexual assault, or stalking and the pets of such victims.
(2) Application.--
(A) In general.--An eligible entity seeking a grant
under this subsection shall submit an application to
the Secretary at such time, in such manner, and
containing such information as the Secretary may
reasonably require, including--
(i) a description of the activities for
which a grant under this subsection is sought;
(ii) such assurances as the Secretary
determines to be necessary to ensure compliance
by the entity with the requirements of this
subsection; and
(iii) a certification that the entity,
before engaging with any individual domestic
violence victim, will disclose to the victim
any mandatory duty of the entity to report
instances of abuse and neglect (including
instances of abuse and neglect of pets).
(B) Additional requirements.--In addition to the
requirements of subparagraph (A), each application
submitted by an eligible entity under that subparagraph
shall--
(i) not include proposals for any
activities that may compromise the safety of a
domestic violence victim, including--
(I) background checks of domestic
violence victims; or
(II) clinical evaluations to
determine the eligibility of such a
victim for support services;
(ii) not include proposals that would
require mandatory services for victims or that
a victim obtain a protective order in order to
receive proposed services; and
(iii) reflect the eligible entity's
understanding of the dynamics of domestic
violence, dating violence, sexual assault, or
stalking.
(C) Rules of construction.--Nothing in this
paragraph shall be construed to require--
(i) domestic violence victims to
participate in the criminal justice system in
order to receive services; or
(ii) eligible entities receiving a grant
under this subsection to breach client
confidentiality.
(3) Use of funds.--Grants awarded under this subsection may
only be used for programs that provide--
(A) emergency and transitional shelter and housing
assistance for domestic violence victims with pets,
including assistance with respect to any construction
or operating expenses of newly developed or existing
emergency and transitional pet shelter and housing
(regardless of whether such shelter and housing is co-
located at a victim service provider or within the
community);
(B) short-term shelter and housing assistance for
domestic violence victims with pets, including
assistance with respect to expenses incurred for the
temporary shelter, housing, boarding, or fostering of
the pets of domestic violence victims and other
expenses that are incidental to securing the safety of
such a pet during the sheltering, housing, or
relocation of such victims;
(C) support services designed to enable a domestic
violence victim who is fleeing a situation of domestic
violence, dating violence, sexual assault, or stalking
to--
(i) locate and secure--
(I) safe housing with the victim's
pet; or
(II) safe accommodations for the
victim's pet; or
(ii) provide the victim with pet-related
services, such as pet transportation, pet care
services, and other assistance; or
(D) for the training of relevant stakeholders on--
(i) the link between domestic violence,
dating violence, sexual assault, or stalking
and the abuse and neglect of pets;
(ii) the needs of domestic violence
victims;
(iii) best practices for providing support
services to such victims;
(iv) best practices for providing such
victims with referrals to victims' services;
and
(v) the importance of confidentiality.
(4) Grant conditions.--An eligible entity that receives a
grant under this subsection shall, as a condition of such
receipt, agree--
(A) to be bound by the nondisclosure of
confidential information requirements of section
40002(b)(2) of the Violence Against Women Act of 1994
(34 U.S.C. 12291(b)(2)); and
(B) that the entity shall not condition the receipt
of support, housing, or other benefits provided
pursuant to this subsection on the participation of
domestic violence victims in any or all of the support
services offered to such victims through a program
carried out by the entity using grant funds.
(5) Duration of assistance provided to victims.--
(A) In general.--Subject to subparagraph (B),
assistance provided with respect to a pet of a domestic
violence victim using grant funds awarded under this
subsection shall be provided for a period of not more
than 24 months.
(B) Extension.--An eligible entity that receives a
grant under this subsection may extend the 24-month
period referred to in subparagraph (A) for a period of
not more than 6 months in the case of a domestic
violence victim who--
(i) has made a good faith effort to acquire
permanent housing for the victim's pet during
that 24-month period; and
(ii) has been unable to acquire such
permanent housing within that period.
(6) Report to the secretary.--Not later than 1 year after
the date on which an eligible entity receives a grant under
this subsection and each year thereafter, the entity shall
submit to the Secretary a report that contains, with respect to
assistance provided by the entity to domestic violence victims
with pets using grant funds received under this subsection,
information on--
(A) the number of domestic violence victims with
pets provided such assistance; and
(B) the purpose, amount, type of, and duration of
such assistance.
(7) Report to congress.--
(A) Reporting requirement.--Not later than November
1 of each even-numbered fiscal year, 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 contains a compilation of the information
contained in the reports submitted under paragraph (6).
(B) Availability of report.--The Secretary shall
transmit a copy of the report submitted under
subparagraph (A) to--
(i) the Office on Violence Against Women of
the Department of Justice;
(ii) the Office of Community Planning and
Development of the Department of Housing and
Urban Development; and
(iii) the Administration for Children and
Families of the Department of Health and Human
Services.
(8) Authorization of appropriations.--
(A) In general.--There are authorized to be
appropriated to carry out this subsection $3,000,000
for each of fiscal years 2019 through 2023.
(B) Limitation.--Of the amount made available under
subparagraph (A) in any fiscal year, not more than 5
percent may be used for evaluation, monitoring,
salaries, and administrative expenses.
(9) Definitions.--In this subsection:
(A) Domestic violence victim defined.--The term
``domestic violence victim'' means a victim of domestic
violence, dating violence, sexual assault, or stalking.
(B) Eligible entity.--The term ``eligible entity''
means--
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a
documented history of effective work concerning
domestic violence, dating violence, sexual
assault, or stalking (as determined by the
Secretary), including--
(I) a domestic violence and sexual
assault victim service provider;
(II) a domestic violence and sexual
assault coalition;
(III) a community-based and
culturally specific organization;
(IV) any other nonprofit,
nongovernmental organization; and
(V) any organization that works
directly with pets and collaborates
with any organization referred to in
clauses (i) through (iv), including--
(aa) an animal shelter; and
(bb) an animal welfare
organization.
(C) Pet.--The term ``pet'' means a domesticated
animal, such as a dog, cat, bird, rodent, fish, turtle,
horse, or other animal that is kept for pleasure rather
than for commercial purposes.
(D) Other terms.--Except as otherwise provided in
this subsection, terms used in this section shall have
the meaning given such terms in section 40002(a) of the
Violence Against Women Act of 1994 (34 U.S.C.
12291(a)).
(c) Sense of Congress.--It is the sense of Congress that States
should encourage the inclusion of protections against violent or
threatening acts against the pet of a person in domestic violence
protection orders.
SEC. 12504. DATA ON CONSERVATION PRACTICES.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C.
3841 et seq.) is amended by adding at the end the following:
``SEC. 1247. DATA ON CONSERVATION PRACTICES.
``(a) Purpose.--The purpose of this section is to increase the
knowledge of how covered conservation practices or suites of covered
conservation practices impact farm and ranch profitability (such as
crop yields, soil health, and other risk-reducing factors) by using an
appropriate collection, review, and analysis of data.
``(b) Definitions.--In this section:
``(1) Covered conservation practice.--The term `covered
conservation practice' means a conservation practice--
``(A) that is approved and supported by the
Department; and
``(B) for which the Department has developed 1 or
more practice standards.
``(2) Department.--The term `Department' means the
Department of Agriculture.
``(3) Privacy and confidentiality requirements.--
``(A) In general.--The term `privacy and
confidentiality requirements' means all laws applicable
to the Department and the agencies of the Department
that protect data provided to, or collected by, the
agencies of the Department from being disclosed to the
public in any manner except as authorized by those
laws.
``(B) Inclusions.--The term `privacy and
confidentiality requirements' includes--
``(i) sections 552 and 552a of title 5,
United States Code;
``(ii) section 502(c) of the Federal Crop
Insurance Act (7 U.S.C. 1502(c));
``(iii) section 1770 of the Food Security
Act of 1985 (7 U.S.C. 2276);
``(iv) section 1619 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C.
8791); and
``(v) the Confidential Information
Protection and Statistical Efficiency Act of
2002 (44 U.S.C. 3501 note; Public Law 107-347).
``(c) Data Collection, Review, Analysis, and Technical
Assistance.--
``(1) In general.--Subject to applicable privacy and
confidentiality requirements, the Secretary shall--
``(A) not less frequently than annually, review and
publish a summary of existing research of the
Department, institutions of higher education, and other
organizations relating to the impacts of covered
conservation practices that relate to crop yields, soil
health, risk, and farm and ranch profitability;
``(B) identify current data pertaining to the
impacts of covered conservation practices that relate
to crop yields, soil health, risk, and farm and ranch
profitability collected by the Department, including--
``(i) the Farm Service Agency;
``(ii) the Risk Management Agency;
``(iii) the Natural Resources Conservation
Service;
``(iv) the National Agricultural Statistics
Service;
``(v) the Economic Research Service; and
``(vi) any other relevant agency, as
determined by the Secretary;
``(C) collect additional data specifically
pertaining to the impacts of covered conservation
practices that relate to crop yields, soil health,
risk, and farm and ranch profitability necessary to
achieve the purpose described in subsection (a), on the
condition that a producer shall not be compelled or
required to provide that data;
``(D) ensure that data identified or collected
under subparagraph (B) or (C), respectively, are
collected in a compatible format at the field- and
farm-level;
``(E) improve the interoperability of the data
collected by the Department for the purposes of this
section;
``(F) in carrying out subparagraph (C), use
existing authorities and procedures of the National
Agricultural Statistics Service to allow producers to
voluntarily provide supplemental data that may be
useful in analyzing the impacts of covered conservation
practices relating to crop yields, soil health, risk,
and farm and ranch profitability using the least
burdensome means to collect that data, such as through
voluntary producer surveys;
``(G) integrate and analyze the data identified or
collected under this subsection to consider the impacts
of covered conservation practices relating to crop
yields, soil health, risk, and farm and ranch
profitability;
``(H) acting through the Administrator of the Risk
Management Agency, in coordination with the
Administrator of the Farm Service Agency and the Chief
of the Natural Resources Conservation Service--
``(i) research and analyze how yield
variability and risk are affected by different
soil types for major crops;
``(ii) research and analyze how yield
variability and risk for different soil types
are affected by individual, or combinations of,
agricultural management practices, including
cover crops, no-till farming, adaptive nitrogen
management, skip-row planting, and crop
rotation for major crops; and
``(iii) not later than 2 years after the
date of enactment of this section, publish the
findings of the research under clauses (i) and
(ii);
``(I) to the extent practicable, integrate,
collate, and link data identified under this subsection
with other external data sources that include crop
yields, soil health, and conservation practices,
ensuring that all privacy and confidentiality
requirements are implemented to protect all data
subject to the privacy and confidentiality
requirements;
``(J) not later than 2 years after the date of
enactment of this section--
``(i) establish a conservation and farm
productivity data warehouse that contains the
data identified or collected under subparagraph
(B) or (C), respectively, in a form authorized
under the privacy and confidentiality
requirements applicable to each agency of the
Department that contributes data to the data
warehouse; and
``(ii) allow access to the data warehouse
established under clause (i) by an academic
institution or researcher, if the academic
institution or researcher has complied with all
requirements of the National Agricultural
Statistics Service under section 1770 of the
Food Security Act of 1985 (7 U.S.C. 2276)
relating to the sharing of data of the Natural
Agricultural Statistics Service; and
``(K) not less frequently than annually, and, if
practicable, more frequently than annually, disseminate
the results of the research and analysis obtained
through carrying out this section that demonstrate the
impacts of covered conservation practices on crop
yields, soil health, risk, and farm and ranch
profitability in an aggregate manner that protects
individual producer data and makes the results of the
research and analysis easily used and implemented by
producers and other stakeholders.
``(2) Procedures to protect integrity and
confidentiality.--
``(A) In general.--Before providing access to any
data under paragraph (1), the Secretary shall establish
procedures to protect the integrity and confidentiality
of any data identified, collected, or warehoused under
this section.
``(B) Requirements.--Procedures under subparagraph
(A) shall--
``(i) ensure that any research or analysis
published or disseminated by any person with
access to the data identified, collected, or
warehoused under this section complies with all
applicable privacy and confidentiality
requirements relating to that data; and
``(ii) limit access to data to only
individuals specifically authorized to access
the data by the Secretary.
``(3) Administration.--The Secretary shall carry out
paragraph (1) using--
``(A) authorities available to the Secretary under
other applicable laws; and
``(B) funds otherwise made available to the
Secretary.
``(4) Effect.--
``(A) Combination of data.--The combination of data
protected from disclosure under the privacy and
confidentiality requirements with data covered by
lesser protections or no protections in the data
warehouse established under paragraph (1)(J)(i) shall
not modify or otherwise affect the privacy and
confidentiality requirements that protect the data.
``(B) Protections from release.--Data provided by
an agency of the Department under this section shall
continue to be covered by the same protections from
release as if that data were in the possession of the
agency.
``(d) Producer Tools.--
``(1) In general.--Not later than 3 years after the date of
enactment of this section, the Secretary shall provide
technical assistance, including through internet-based tools,
based on the analysis conducted in carrying out this section
and other sources of relevant data, to assist producers in
improving sustainable production practices that increase yields
and enhance environmental outcomes.
``(2) Internet-based tools.--Internet-based tools described
in paragraph (1) shall provide to producers, to the maximum
extent practicable--
``(A) confidential data specific to each farm or
ranch of the producer; and
``(B) general data relating to the impacts of
covered conservation practices on crop yields, soil
health, risk, and farm and ranch profitability.
``(e) Limitation.--Nothing in this section mandates the submission
of information by a producer that is not already required for another
purpose under a program of the Department.
``(f) Reporting.--Not later than 1 year after the date of enactment
of this section, and each year thereafter, 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 summary of the analysis conducted under this
section;
``(2) the number and regions of producers that voluntarily
submitted information under subparagraphs (C) and (F) of
subsection (c)(1);
``(3) a description of any additional or new activities
planned to be conducted under this section in the next fiscal
year, including--
``(A) research relating to any additional
conservation practices;
``(B) any new types of data to be collected;
``(C) any improved or streamlined data collection
efforts associated with this section; and
``(D) any new research projects; and
``(4) in the case of the first 2 reports submitted under
this subsection, a description of the current status of the
implementation of activities under subsection (c).''.
SEC. 12505. MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-
1(a)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by inserting ``cherries, pecans,''
after ``walnuts,''.
SEC. 12506. STUDY ON FOOD WASTE.
(a) Definition of Food Waste.--In this section, the term ``food
waste'' means food waste that occurs--
(1) on the farm and ranch production level; and
(2) before and after the harvest period.
(b) Study.--The Secretary shall conduct a study to evaluate and
determine--
(1) methods of measuring food waste;
(2) standards for the volume of food waste;
(3) factors that create food waste;
(4) the cost and volume of food loss of--
(A) domestic fresh food products; and
(B) imported fresh food products that pass import
inspection but do not make it to market in the United
States, consistent with article III of the GATT 1994
(as defined in section 2 of the Uruguay Round
Agreements Act (19 U.S.C. 3501));
(5) the reason for the waste described in subparagraphs (A)
and (B) of paragraph (4); and
(6) the potential economic value of the products described
in subparagraphs (A) and (B) of paragraph (4) if the products
were taken to market; and
(7) whether programs contemplated, undertaken, or funded by
the Department of Agriculture disrupt existing food waste
recovery and disposal by commercial, marketing, or business
relationships.
(c) Initial Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report that
describes the results of the study conducted under subsection (b) to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
(d) Annual Report.--Not later than 1 year after the date of
submission of the report under subsection (c), 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 describes--
(1) an estimate of the quantity of food waste during the 1-
year period ending on the date of submission of the report
under subsection (c); and
(2) the best practices or other recommendations that the
Secretary, producers, or other stakeholders may consider to
reduce food waste.
SEC. 12507. REPORT ON BUSINESS CENTERS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United States
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 each business center
established in the Department of Agriculture.
(b) Inclusions.--The report under subsection (a) shall include--
(1) an examination of the effectiveness of each business
center in carrying out its mission, including any
recommendations to improve the operation of and function of any
of those business centers; and
(2) an evaluation of--
(A) the impact the business centers have on
customer service of the Department of Agriculture;
(B) the impact on the annual budget for agencies
the budget offices of which have been relocated to the
business center, and the effectiveness of funds used to
support the business centers, including an accounting
of all discretionary and mandatory funding provided to
the business center for conservation and farm services
from--
(i) the Natural Resources Conservation
Service;
(ii) the Farm Service Agency; and
(iii) the Risk Management Agency;
(C) funding described in subparagraph (B) spent on
information technology modernizations;
(D) the impact that the business centers have had
on the human resources of the Department of
Agriculture, including hiring;
(E) any concerns or problems with the business
centers; and
(F) any positive or negative impact that the
business centers have had on the functionality of the
Department of Agriculture.
SEC. 12508. INFORMATION TECHNOLOGY MODERNIZATION.
(a) In General.--The Comptroller General of the United States
(referred to in this section as the ``Comptroller General'') shall
examine efforts of the Department of Agriculture --
(1) relating to information technology for the business
center established by the Secretary for the farm production and
conservation activities of the Department of Agriculture; and
(2) to modernize or otherwise improve information
technology for--
(A) the Centers of Excellence of the Department of
Agriculture; and
(B) other major information technology projects of
the Department of Agriculture that have the potential
to impact the ability of the Department of Agriculture
to serve farmers, ranchers, and families.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall submit
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate an initial report or a detailed briefing on the
efforts examined under subsection (a), including--
(A) a detailed description of each ongoing or
planned information technology modernization project
and investment in information technology at the
Department of Agriculture described in paragraph (1) or
(2) of subsection (a) (referred to in this subsection
as a ``project or investment'');
(B) the justification of the Secretary for each
project or investment;
(C) a description of whether a cost-benefit
analysis was completed for each project or investment
identifying savings that will be achieved through the
completion of the project or investment; and
(D) a description of any concerns about the
projects or investments or recommendations for
improving the projects or investments.
(2) Updates.--In carrying out paragraph (1), the
Comptroller General shall provide to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate regular
briefings to give status updates.
(3) Comprehensive report.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a comprehensive report that reviews
each project or investment, including--
(A) a review of any contract awards or contracting
activities;
(B) a description of any problems or inadequacies
in the projects and investments; and
(C) any recommendations for improving the projects
and investments.
SEC. 12509. REPORT ON PERSONNEL.
For the period of fiscal years 2019 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 a biannual report describing the number of staff
years and employees of each agency of the Department of Agriculture.
SEC. 12510. REPORT ON ABSENT LANDLORDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress a report describing
the effects of absent landlords on the long-term economic health of
agricultural production, including the effect of absent landlords on--
(1) land valuation;
(2) soil health; and
(3) the economic stability of rural communities.
(b) Contents.--The report under subsection (a) shall include--
(1) a description of the positive and negative effects of
an absent landlord on the land owned by the landlord,
including--
(A) the effect of an absent landlord on the long-
term value of the land; and
(B) the environmental and economic impact of an
absent landlord on the surrounding community; and
(2) recommendations to policymakers concerning how to
mitigate those effects when necessary.
SEC. 12511. RESTRICTION ON USE OF CERTAIN POISONS FOR PREDATOR CONTROL.
(a) Purpose.--The purpose of this section is to restrict the use of
sodium cyanide to kill predatory animals given the risks posed by
sodium cyanide to--
(1) public safety;
(2) national security;
(3) the environment; and
(4) persons and other animals that come into accidental
contact with sodium cyanide.
(b) Prohibition.--The Secretary shall use sodium cyanide in a
predator control device described in subsection (c) only in accordance
with Wildlife Services Directive Number 2.415 of the Animal and Plant
Health Inspection Service, dated February 27, 2018, and the
implementation guidelines attached to that Directive.
(c) Predator Control Device Described.--A predator control device
referred to in subsection (b) is--
(1) a dispenser designed to propel sodium cyanide when
activated by an animal;
(2) a gas cartridge or other pyrotechnic device designed to
emit sodium cyanide fumes; and
(3) any other means of dispensing sodium cyanide, including
in the form of capsules, for wildlife management or other
animal control purposes.
SEC. 12512. 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. 12513. REPORT ON THE IMPORTATION OF LIVE DOGS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, 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 on the
importation of live dogs into the United States.
(b) Contents.--The Secretaries described in subsection (a) shall
provide relevant data to complete the report submitted under subsection
(a), which shall include, with respect to the importation of live dogs
into the United States:
(1) An estimate of the number of live dogs imported
annually, excluding personal pets.
(2) An estimate of the number of live dogs imported for
resale annually.
(3) An estimate of the number of dogs during the period
covered by the report for which a request for the importation
of live dogs for resale was denied because the proposed
importation failed to meet the requirements of section 18 of
the Animal Welfare Act (7 U.S.C. 2148).
(4) Any recommendations of the Secretary for any
modifications to Federal law relating to the importation of
live dogs for resale that the Secretary determines to be
necessary to meet the requirements of section 18 of the Animal
Welfare Act (7 U.S.C. 2148).
SEC. 12514. ESTABLISHMENT OF TECHNICAL ASSISTANCE PROGRAM.
(a) Definition.--In this section, the term ``tribally designated
housing entity'' has the meaning given the term in section 4 of the
Native American Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).
(b) In General.--The Secretary shall establish a technical
assistance program to improve access by Tribal entities to rural
development programs funded by the Department of Agriculture through
available cooperative agreement authorities of the Secretary.
(c) Technical Assistance Program.--The technical assistance program
established under subsection (b) shall address the unique challenge of
Tribal governments, Tribal producers, Tribal businesses, Tribal
business entities, and tribally designated housing entities in
accessing Department of Agriculture-supported rural infrastructure,
rural cooperative development, rural business and industry, rural
housing, and other rural development activities.
SEC. 12515. PROMISE ZONES.
(a) In General.--In this section, the term ``Tribal Promise Zone''
means an area that--
(1) is nominated by 1 or more Indian tribes (as defined in
section 4(13) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for
designation as a Tribal Promise Zone (in this section referred
to as a ``nominated zone'');
(2) has a continuous boundary; and
(3) the Secretary designates as a Tribal Promise Zone,
after consultation with the Secretary of Commerce, the
Secretary of Education, the Attorney General, the Secretary of
the Interior, the Secretary of Housing and Urban Development,
the Secretary of Health and Human Services, the Secretary of
Labor, the Secretary of the Treasury, the Secretary of
Transportation, and other agencies as appropriate.
(b) Authorization and Number of Designations.--Not later than 1
year after the date of enactment of this Act, the Secretary shall
nominate a minimum number of nominated zones, as determined by the
Secretary in consultation with Indian tribes, to be designated as
Tribal Promise Zones.
(c) Period of Designations.--
(1) In general.--The Secretary shall designate nominated
zones as Tribal Promise Zones before January 1, 2020.
(2) Effective dates of designations.--The designation of
any Tribal Promise Zone shall take effect--
(A) for purposes of priority consideration in
Federal grant programs and initiatives (other than this
section), upon execution of the Tribal Promise Zone
agreement with the Secretary; and
(B) for purposes of this section, on January 1 of
the first calendar year beginning after the date of the
execution of the Tribal Promise Zone agreement.
(3) Termination of designations.--The designation of any
Tribal Promise Zone shall end on the earlier of--
(A)(i) with respect to a Tribal Promise Zone not
described in paragraph (4), the end of the 10-year
period beginning on the date that such designation
takes effect; or
(ii) with respect to a Tribal Promise Zone
described in paragraph (4), the end of the 10-year
period beginning on the date the area was designated as
a Tribal Promise Zone before the date of the enactment
of this Act; or
(B) the date of the revocation of such designation.
(4) Application to certain zones already designated.--In
the case of any area designated as a Tribal Promise Zone by the
Secretary before the date of the enactment of this Act, such
area shall be deemed a Tribal Promise Zone designated under
this section (notwithstanding whether any such designation has
been revoked before the date of the enactment of this Act) and
shall reduce the number of Tribal Promise Zones remaining to be
designated under paragraph (1).
(d) Limitations on Designations.--No area may be designated under
this section unless--
(1) the entities nominating the area have the authority to
nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory
to the Secretary that the competitiveness plan described in the
application under subsection (e) for such area will be
implemented and that such entities will provide the Secretary
with such data regarding the economic conditions of the area
(before, during, and after the area's period of designation as
a Tribal Promise Zone) as such Secretary may require; and
(3) the Secretary determines that any information furnished
is reasonably accurate.
(e) Application.--No area may be designated under this section
unless the application for such designation--
(1) demonstrates that the nominated zone satisfies the
eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that--
(A) addresses the need of the nominated zone to
attract investment and jobs and improve educational
opportunities;
(B) leverages the nominated zone's economic
strengths and outlines targeted investments to develop
competitive advantages;
(C) demonstrates collaboration across a wide range
of stakeholders;
(D) outlines a strategy that connects the nominated
zone to drivers of regional economic growth; and
(E) proposes a strategy for focusing on increased
access to high quality affordable housing and improved
public safety.
(f) Selection Criteria.--
(1) In general.--From among the nominated zones eligible
for designation under this section, the Secretary shall
designate Tribal Promise Zones on the basis of--
(A) the effectiveness of the competitiveness plan
submitted under subsection (e) and the assurances made
under subsection (d);
(B) unemployment rates, poverty rates, vacancy
rates, crime rates, and such other factors as the
Secretary may identify, including household income,
labor force participation, and educational attainment;
and
(C) other criteria as determined by the Secretary.
(2) Minimal standards.--The Secretary may set minimal
standards for the levels of unemployment and poverty that must
be satisfied for designation as a Tribal Promise Zone.
(g) Competitive Enhancement in Federal Awards to Tribal Promise
Zones.--Notwithstanding any other provision of law, each Federal grant
program, technical assistance, and capacity-building competitive
funding application opportunity, made available under any
appropriations law in effect for a year in which the designation of a
Tribal Promise Zones is in effect, shall provide preference points or
priority special consideration to each application which advances the
specific objectives of a Tribal Promise Zones competitiveness plan
described in subsection (e) if the project or activity to be funded
includes specific and definable services or benefits that will be
delivered to residents of a Tribal Economic Opportunity Area.
SEC. 12516. PRECISION AGRICULTURE CONNECTIVITY.
(a) 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 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 agricultural land to promote precision
agriculture.
(b) Task Force.--
(1) Definitions.--In this subsection--
(A) 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;
(B) the term ``Commission'' means the Federal
Communications Commission;
(C) the term ``Department'' means the Department of
Agriculture; and
(D) the term ``Task Force'' means the Task Force
for Reviewing the Connectivity and Technology Needs of
Precision Agriculture in the United States established
under paragraph (2).
(2) 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.
(3) Duties.--
(A) 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--
(i) identify and measure current gaps in
the availability of broadband Internet access
service on agricultural land;
(ii) 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;
(iii) promote effective policy and
regulatory solutions that encourage the
adoption of broadband Internet access service
on farms and ranches and promote precision
agriculture;
(iv) 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 clause (ii);
(v) 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 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
(vi) recommend specific steps that the
Commission should consider to ensure that the
expertise of the Secretary and available farm
data are reflected in 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.
(B) No duplicate data reporting.--In performing the
duties of the Commission under subparagraph (A), the
Commission shall ensure that no provider of broadband
Internet access service is required to report data to
the Commission that is, on the day before the date of
enactment of this Act, required to be reported by the
provider of broadband Internet access service.
(C) Hold harmless.--The Task Force and the
Commission shall not interpret the phrase ``future
programs of the Commission'', as used in clauses (v)
and (vi) of subparagraph (A), to include the universal
service programs of the Commission established under
section 254 of the Communications Act of 1934 (47
U.S.C. 254).
(D) 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
subparagraph (A).
(E) 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.
(4) Membership.--
(A) In general.--The Task Force shall be--
(i) composed of not more than 15 voting
members who shall--
(I) be selected by the Chairman of
the Commission; and
(II) include--
(aa) agricultural producers
representing diverse geographic
regions and farm sizes,
including owners and operators
of farms of less than 100
acres;
(bb) an agricultural
producer representing tribal
agriculture;
(cc) Internet service
providers, including regional
or rural fixed and mobile
broadband Internet access
service providers and
telecommunications
infrastructure providers;
(dd) representatives from
the electric cooperative
industry;
(ee) representatives from
the satellite industry;
(ff) representatives from
precision agriculture equipment
manufacturers, including drone
manufacturers, manufacturers of
autonomous agricultural
machinery, and manufacturers of
farming robotics technologies;
and
(gg) representatives from
State and local governments;
and
(ii) fairly balanced in terms of
technologies, points of view, and fields
represented on the Task Force.
(B) Period of appointment; vacancies.--
(i) In general.--A member of the Committee
appointed under subparagraph (A)(i) shall serve
for a single term of 2 years.
(ii) 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.
(C) Ex-officio member.--The Secretary, or a
designee of the Secretary, shall serve as an ex-
officio, nonvoting member of the Task Force.
(5) 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--
(A) the status of fixed and mobile broadband
Internet access service coverage of agricultural land;
(B) the projected future connectivity needs of
agricultural operations, farmers, and ranchers; and
(C) 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.
(6) Termination.--The Commission shall renew the Task Force
every 2 years until the Task Force terminates on January 1,
2025.
SEC. 12517. IMPROVED SOIL MOISTURE AND PRECIPITATION MONITORING.
(a) Improved Soil Moisture Monitoring.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and
implement a strategy to improve the accuracy of the United
States Drought Monitor through increased geographic resolution
of rural in-situ soil moisture profile observation or other
soil moisture profile measuring devices, as the Secretary
considers appropriate.
(2) Implementation.--
(A) In general.--In implementing the strategy
required by paragraph (1), the Secretary shall
prioritize adding soil moisture profile stations in
States described in subparagraph (B) so that the number
of drought monitoring stations is increased to an
average of 1 soil moisture profile station per 1,250
square miles in each State described in subparagraph
(B) or by 50 stations in each State described in
subparagraph (B), whichever is less.
(B) States described.--A State described in this
paragraph is a State that has experienced D3 (extreme
drought) or D4 (exceptional drought) (as defined by the
United States Drought Monitor) within any 6 months
during the period beginning on January 1, 2016, and
ending on the date of the enactment of this Act.
(3) Coordination.--In carrying out this subsection, the
Secretary may coordinate with other Federal agencies, State and
local governments, and non-Federal entities that collaborate
with the United States Drought Monitor.
(4) Cost-effectiveness.--In carrying out this subsection,
the Secretary shall consider cost-effective solutions to
maximize the efficiency and accuracy of the United States
Drought Monitor.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 for each of
fiscal years 2019 through 2023 to carry out this subsection.
(b) Standards for Integrating Citizen Science Into Drought
Models.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) develop a set of standards for integration of
data derived from citizen science (as defined in the
Crowdsourcing and Citizen Science Act (15 U.S.C. 3724))
into the United States Drought Monitor models,
including data relating to--
(i) location and spacing of monitoring
stations;
(ii) data quality standards;
(iii) incorporation of data from
commercially available weather stations;
(iv) standardized procedures for autonomous
integration of data;
(v) streamlining of data entry methods; and
(vi) reasonable metadata fields; and
(B) develop a set of consistent standards for soil
moisture data collection based on equipment that is
readily available, including standards relating to--
(i) acceptable error ranges;
(ii) sensor installation procedures;
(iii) manufacturers of soil moisture
probes;
(iv) calibration methodology;
(v) metadata fields; and
(vi) soil descriptions.
(2) Inclusion of data from cooperative observer program.--
For purposes of paragraph (1)(A), data derived from citizen
science includes data from the Cooperative Observer Program of
the National Weather Service.
(c) Requirement for Elements of Department of Agriculture to Use
the Same Monitoring Data.--
(1) In general.--To be consistent with assistance provided
under the livestock forage disaster program established under
section 1501(c) of the Agricultural Act of 2014 (7 U.S.C.
9081(c)) and a policy or plan of insurance established under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
producers of livestock commodities the source of feedstock of
which is pasture, rangeland, and forage, and the annual
establishment of grazing rates, as applicable, on Forest
Service grasslands and other applicable land, the Secretary
shall use the United States Drought Monitor, in-situ soil
moisture profile monitoring stations described in subsection
(a), data from the Cooperative Observer Program described in
subsection (b)(2), and any other applicable data to determine
and establish grazing loss assistance and grazing rates, as
applicable.
(2) Coordination.--In carrying out this subsection, the
Secretary may coordinate with--
(A) other Federal agencies, State and local
governments, and non-Federal entities that collaborate
with the United States Drought Monitor; and
(B) other Federal and non-Federal entities involved
in collecting data on precipitation and soil
monitoring.
(3) Cost-effectiveness.--In carrying out this subsection,
the Secretary shall consider cost-effective solutions to
maximize the efficiency and accuracy of the data utilized to
determine eligibility for assistance under the programs
specified in paragraph (1).
SEC. 12518. STUDY OF MARKETPLACE FRAUD OF UNIQUE TRADITIONAL FOODS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall conduct
a study on--
(1) the market impact of traditional foods, Tribally
produced products, and products that use traditional foods;
(2) fraudulent foods that mimic Tribal foods that are
available in the commercial marketplace as of the date of
enactment of this Act; and
(3) the means by which authentic traditional foods and
Tribally produced foods might be protected against the impact
of fraudulent foods in the marketplace.
(b) Inclusions.--The study conducted under subsection (a) shall
include--
(1) a consideration of the circumstances under which
fraudulent foods in the marketplace occur; and
(2) an analysis of Federal laws administered by the
Secretary, intellectual property laws, and trademark laws that
might offer protections against fraudulent foods in a the
context of Tribal foods.
(c) Report.--Not later than 60 days after the date of completion of
the study, the Comptroller General of the United States shall submit a
report describing the results of the study under this section to--
(1) the Committee on Agriculture of the House of
Representatives;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(4) the Committee on the Judiciary of the Senate; and
(5) the Committee on Indian Affairs of the Senate.
Subtitle F--General Provisions
SEC. 12601. EXPEDITED EXPORTATION OF CERTAIN SPECIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the United States Fish and
Wildlife Service (referred to in this section as the ``Director'')
shall issue a proposed rule to amend section 14.92 of title 50, Code of
Federal Regulations, to establish expedited procedures relating to the
export permission requirements of section 9(d)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(d)(1)) for fish or wildlife
described in subsection (c).
(b) Exemptions.--
(1) In general.--As part of the rulemaking under subsection
(a), subject to paragraph (2), the Director may provide an
exemption from the requirement to procure--
(A) permission under section 9(d)(1) of the
Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1));
or
(B) an export license under subpart I of part 14 of
title 50, Code of Federal Regulations.
(2) Limitations.--The Director shall not provide an
exemption under paragraph (1)--
(A) unless the Director determines that the
exemption will not have a negative impact on the
conservation of the species that is the subject of the
exemption; or
(B) to an entity that has been convicted of a
violation of a Federal law relating to the importation,
transportation, or exportation of wildlife during a
period of not less than 5 years ending on the date on
which the entity applies for exemption under paragraph
(1).
(c) Covered Fish or Wildlife.--The fish or wildlife referred to in
subsection (a) are the species commonly known as sea urchins and sea
cucumbers (including any product of a sea urchin or sea cucumber)
that--
(1) do not require a permit under part 16, 17, or 23 of
title 50, Code of Federal Regulations;
(2) are harvested in waters under the jurisdiction of the
United States; and
(3) are exported for purposes of human or animal
consumption.
SEC. 12602. BAITING OF MIGRATORY GAME BIRDS.
(a) Definitions.--In this section:
(1) Normal agricultural operation.--The term ``normal
agricultural operation'' has the meaning given the term in
section 20.11 of title 50, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(2) Post-disaster flooding.--The term ``post-disaster
flooding'' means the destruction of a crop through flooding in
accordance with practices required by the Federal Crop
Insurance Corporation for agricultural producers to obtain crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) on land on which a crop was not harvestable due to a
natural disaster (including any hurricane, storm, tornado,
flood, high water, wind-driven water, tidal wave, tsunami,
earthquake, volcanic eruption, landslide, mudslide, drought,
fire, snowstorm, or other catastrophe that is declared a major
disaster by the President in accordance with section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170)) in the crop year--
(A) in which the natural disaster occurred; or
(B) immediately preceding the crop year in which
the natural disaster occurred.
(3) Rice ratooning.--The term ``rice ratooning'' means the
agricultural practice of harvesting rice by cutting the
majority of the aboveground portion of the rice plant but
leaving the roots and growing shoot apices intact to allow the
plant to recover and produce a second crop yield.
(b) Regulations to Exclude Rice Ratooning and Post-disaster
Flooding.--Not later than 30 days after the date of enactment of this
Act, the Secretary of the Interior, in consultation with the Secretary
of Agriculture, shall revise part 20 of title 50, Code of Federal
Regulations, to clarify that rice ratooning and post-disaster flooding,
when carried out as part of a normal agricultural operation, do not
constitute baiting.
(c) Reports.--Not less frequently than once each year, the
Secretary of Agriculture shall--
(1) submit to the Secretary of the Interior a report that
describes any changes to normal agricultural operations across
the range of crops grown by agricultural producers in each
region of the United States in which the official
recommendations described in section 20.11(h) of title 50, Code
of Federal Regulations (as in effect on the date of enactment
of this Act), are provided to agricultural producers; and
(2) in consultation with the Secretary of the Interior and
after seeking input from the heads of State departments of fish
and wildlife or the Regional Migratory Bird Flyway Councils of
the United States Fish and Wildlife Service, publicly post a
report on the impact that rice ratooning and post-disaster
flooding have on the behavior of migratory game birds that are
hunted in the area in which rice ratooning and post-disaster
flooding, respectively, have occurred.
SEC. 12603. PIMA AGRICULTURE COTTON TRUST FUND.
Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101 note;
Public Law 113-79) is amended--
(1) by striking ``2018'' each place it appears and
inserting ``2023'';
(2) by striking ``calendar year 2013'' each place it
appears and inserting ``the prior calendar year'';
(3) in subsection (b)(2)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``(2) Twenty-five'' and
inserting the following:
``(2)(A) Except as provided in subparagraph (B), twenty-
five'';
(C) in subparagraph (A)(ii) (as so designated), by
striking ``subparagraph (A)'' and inserting ``clause
(i)''; and
(D) by adding at the end the following:
``(B)(i) A yarn spinner shall not receive an amount under
subparagraph (A) that exceeds the cost of pima cotton that--
``(I) was purchased during the prior calendar year;
and
``(II) was used in spinning any cotton yarns.
``(ii) The Secretary shall reallocate any amounts reduced
by reason of the limitation under clause (i) to spinners using
the ratio described in subparagraph (A), disregarding
production of any spinner subject to that limitation.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``(b)(2)(A)'' and inserting ``(b)(2)(A)(i)'';
(B) in paragraph (2), by striking ``and'' at the
end;
(C) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(4) the dollar amount of pima cotton purchased during the
prior calendar year--
``(A) that was used in spinning any cotton yarns;
and
``(B) for which the producer maintains supporting
documentation.'';
(5) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``by the Secretary--'' and inserting ``by the
Secretary not later than March 15 of the applicable
calendar year.''; and
(B) by striking paragraphs (1) and (2); and
(6) in subsection (f), by striking ``subsection (b)--'' in
the matter preceding paragraph (1) and all that follows through
``not later than'' in paragraph (2) and inserting ``subsection
(b) not later than''.
SEC. 12604. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST FUND.
Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101 note;
Public Law 113-79) is amended--
(1) by striking ``2019'' each place it appears and
inserting ``2023'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking ``the payment--'' and
inserting ``the payment, payments in
amounts authorized under that
paragraph.''; and
(II) by striking clauses (i) and
(ii); and
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``4002(c)--'' and
inserting ``4002(c), payments in
amounts authorized under that
paragraph.''; and
(II) by striking clauses (i) and
(ii); and
(B) in paragraph (2), by striking ``submitted--''
in the matter preceding subparagraph (A) and all that
follows through ``to the Secretary'' in subparagraph
(B) and inserting ``submitted to the Secretary''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (b)--'' and inserting
``subsection (b) not later than April 15 of the year of
the payment.''; and
(B) by striking paragraphs (1) and (2).
SEC. 12605. WOOL RESEARCH AND PROMOTION.
Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C. 7101
note; Public Law 113-79) is amended by striking ``2015 through 2019''
and inserting ``2019 through 2023''.
SEC. 12606. EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOPMENT TRUST
FUND.
(a) Definition of Citrus.--In this section, the term ``citrus''
means edible fruit of the family Rutaceae, including any hybrid of that
fruit and any product of that hybrid that is produced for commercial
purposes in the United States.
(b) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund, to be known as the
``Emergency Citrus Disease Research and Development Trust Fund''
(referred to in this section as the ``Citrus Trust Fund''), consisting
of such amounts as shall be transferred to the Citrus Trust Fund
pursuant to subsection (d).
(c) Distribution of Funds.--
(1) In general.--From amounts in the Citrus Trust Fund, the
Secretary shall make payments annually beginning in fiscal year
2019 to--
(A) entities engaged in scientific research and
extension activities, technical assistance, or
development activities to combat domestic or invasive
citrus diseases and pests that pose imminent harm to
the United States citrus production and threaten the
future viability of the citrus industry, including
huanglongbing and the Asian Citrus Psyllid; and
(B) entities engaged in supporting the
dissemination and commercialization of relevant
information, techniques, or technologies discovered
under research and extension activities funded
through--
(i) the Citrus Trust Fund; or
(ii) other research and extension projects
intended to solve problems caused by citrus
production diseases and invasive pests.
(2) Priority.--In making payments under paragraph (1), the
Secretary shall give priority to entities that use the payments
to address the research and extension priorities established
pursuant to section 1408A(g)(4) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3123a(g)(4)).
(3) Coordination.--In determining how to distribute funds
under paragraph (1), the Secretary shall--
(A) seek input from Federal and State agencies and
other entities involved in citrus disease response; and
(B) take into account other public and private
citrus-related research and extension projects and the
funding for those projects.
(4) Nonduplication.--The Secretary shall ensure that funds
provided under paragraph (1) shall be in addition to and not
supplant funds made available to carry out other citrus disease
activities carried out by the Department of Agriculture in
consultation with State agencies.
(d) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall transfer to the Citrus Trust Fund $25,000,000 for each
of fiscal years 2019 through 2023, to remain available until expended.
SEC. 12607. EXTENSION OF MERCHANDISE PROCESSING FEES.
Section 503 of the United States-Korea Free Trade Agreement
Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended
by striking ``February 24, 2027'' and inserting ``May 26, 2027''.
SEC. 12608. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 102(16) of the Controlled Substances Act
(21 U.S.C. 802(16)) is amended--
(1) by striking ``(16) The'' and inserting ``(16)(A)
Subject to subparagraph (B), the''; and
(2) by striking ``Such term does not include the'' and
inserting the following:
``(B) The term `marihuana' does not include--
``(i) hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946; or
``(ii) the''.
(b) Tetrahydrocannabinol.--Schedule I, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
in subsection (c)(17) by inserting after ``Tetrahydrocannabinols'' the
following: ``, except for tetrahydrocannabinols in hemp (as defined
under section 297A of the Agricultural Marketing Act of 1946)''.
Calendar No. 470
115th CONGRESS
2d Session
S. 3042
_______________________________________________________________________
A BILL
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 18, 2018
Reported with an amendment