[House Report 115-661]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-661
_______________________________________________________________________
AGRICULTURE AND NUTRITION ACT OF 2018
----------
R E P O R T
OF THE
COMMITTEE ON AGRICULTURE
together with
DISSENTING VIEWS
[To accompany H.R. 2]
[Including cost estimate of the Congressional Budget Office]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-661
_______________________________________________________________________
AGRICULTURE AND NUTRITION ACT OF 2018
__________
R E P O R T
OF THE
COMMITTEE ON AGRICULTURE
together with
DISSENTING VIEWS
[To accompany H.R. 2]
[Including cost estimate of the Congressional Budget Office]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
May 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
________
U.S. GOVERNMENT PUBLISHING OFFICE
29-929 WASHINGTON : 2018
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-661
======================================================================
AGRICULTURE AND NUTRITION ACT OF 2018
_______
May 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conaway, from the Committee on Agriculture, submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2]
[Including cost estimate of the Congressional Budget Office]
The Committee on Agriculture, to whom was referred the bill
(H.R. 2) 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,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agriculture and
Nutrition Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary of Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
Sec. 1111. Definitions.
Sec. 1112. Base acres.
Sec. 1113. Payment yields.
Sec. 1114. Payment acres.
Sec. 1115. Producer election.
Sec. 1116. Price loss coverage.
Sec. 1117. Agriculture risk coverage.
Sec. 1118. Producer agreements.
Subtitle B--Marketing Loans
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Term of loans.
Sec. 1204. Repayment of loans.
Sec. 1205. Loan deficiency payments.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage.
Sec. 1207. Special marketing loan provisions for upland cotton.
Sec. 1208. Special competitive provisions for extra long staple cotton.
Sec. 1209. Availability of recourse loans.
Sec. 1210. Adjustments of loans.
Subtitle C--Sugar
Sec. 1301. Sugar policy.
Subtitle D--Dairy Risk Management Program and Other Dairy Programs
Sec. 1401. Dairy risk management program for dairy producers.
Sec. 1402. Class I skim milk price.
Sec. 1403. Extension of dairy forward pricing program.
Sec. 1404. Extension of dairy indemnity program.
Sec. 1405. Extension of dairy promotion and research program.
Sec. 1406. Repeal of dairy product donation program.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
Sec. 1501. Modification of supplemental agricultural disaster
assistance.
Subtitle F--Administration
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Prevention of deceased individuals receiving payments under
farm commodity programs.
Sec. 1606. Assignment of payments.
Sec. 1607. Tracking of benefits.
Sec. 1608. Signature authority.
Sec. 1609. Personal liability of producers for deficiencies.
Sec. 1610. Implementation.
Sec. 1611. Exemption from certain reporting requirements for certain
producers.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
Sec. 2101. Program ineligibility.
Sec. 2102. Minimal effect regulations.
Subtitle B--Conservation Reserve Program
Sec. 2201. Conservation reserve.
Sec. 2202. Farmable wetland program.
Sec. 2203. Duties of owners and operators.
Sec. 2204. Duties of the Secretary.
Sec. 2205. Payments.
Sec. 2206. Contracts.
Subtitle C--Environmental Quality Incentives Program
Sec. 2301. Definitions.
Sec. 2302. Establishment and administration.
Sec. 2303. Limitation on payments.
Sec. 2304. Conservation innovation grants and payments.
Subtitle D--Other Conservation Programs
Sec. 2401. Conservation of private grazing land.
Sec. 2402. Grassroots source water protection program.
Sec. 2403. Voluntary public access and habitat incentive program.
Sec. 2404. Watershed protection and flood prevention.
Sec. 2405. Feral swine eradication and control pilot program.
Sec. 2406. Emergency conservation program.
Subtitle E--Funding and Administration
Sec. 2501. Commodity Credit Corporation.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Establishment of State technical committees.
Subtitle F--Agricultural Conservation Easement Program
Sec. 2601. Establishment and purposes.
Sec. 2602. Definitions.
Sec. 2603. Agricultural land easements.
Sec. 2604. Wetland reserve easements.
Sec. 2605. Administration.
Subtitle G--Regional Conservation Partnership Program
Sec. 2701. Definitions.
Sec. 2702. Regional conservation partnerships.
Sec. 2703. Assistance to producers.
Sec. 2704. Funding.
Sec. 2705. Administration.
Sec. 2706. Critical conservation areas.
Subtitle H--Repeals and Transitional Provisions; Technical Amendments
Sec. 2801. Repeal of conservation security and conservation stewardship
programs.
Sec. 2802. Repeal of terminal lakes assistance.
Sec. 2803. Technical amendments.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3001. Findings.
Sec. 3002. Labeling requirements.
Sec. 3003. Food aid quality assurance.
Sec. 3004. Local sale and barter of commodities.
Sec. 3005. Minimum levels of assistance.
Sec. 3006. Extension of termination date of Food Aid Consultative
Group.
Sec. 3007. Issuance of regulations.
Sec. 3008. Funding for program oversight, monitoring, and evaluation.
Sec. 3009. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3010. Consideration of impact of provision of agricultural
commodities and other assistance on local farmers and economy.
Sec. 3011. Prepositioning of agricultural commodities.
Sec. 3012. Annual report regarding food aid programs and activities.
Sec. 3013. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3014. Minimum level of nonemergency food assistance.
Sec. 3015. Termination date for micronutrient fortification programs.
Sec. 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3101. Findings.
Sec. 3102. Consolidation of current programs as new International
Market Development Program.
Subtitle C--Other Agricultural Trade Laws
Sec. 3201. Local and regional food aid procurement projects.
Sec. 3202. Promotion of agricultural exports to emerging markets.
Sec. 3203. Bill Emerson Humanitarian Trust Act.
Sec. 3204. Food for Progress Act of 1985.
Sec. 3205. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3206. Cochran fellowship program.
Sec. 3207. Borlaug fellowship program.
Sec. 3208. Global Crop Diversity Trust.
Sec. 3209. Growing American Food Exports Act of 2018.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Duplicative enrollment database.
Sec. 4002. Retailer-funded incentives pilot.
Sec. 4003. Gus Schumacher food insecurity nutrition incentive program.
Sec. 4004. Re-evaluation of thrifty food plan.
Sec. 4005. Food distribution programs on Indian reservations.
Sec. 4006. Update to categorical eligibility.
Sec. 4007. Basic allowance for housing.
Sec. 4008. Earned income deduction.
Sec. 4009. Simplified homeless housing costs.
Sec. 4010. Availability of standard utility allowances based on receipt
of energy assistance.
Sec. 4011. Child support; cooperation with child support agencies.
Sec. 4012. Adjustment to asset limitations.
Sec. 4013. Updated vehicle allowance.
Sec. 4014. Savings excluded from assets.
Sec. 4015. Workforce solutions.
Sec. 4016. Modernization of electronic benefit transfer regulations.
Sec. 4017. Mobile technologies.
Sec. 4018. Processing fees.
Sec. 4019. Replacement of EBT cards.
Sec. 4020. Benefit recovery.
Sec. 4021. Requirements for online acceptance of benefits.
Sec. 4022. National gateway.
Sec. 4023. Access to State systems.
Sec. 4024. Transitional benefits.
Sec. 4025. Incentivizing technology modernization.
Sec. 4026. Supplemental nutrition assistance program benefit transfer
transaction data report.
Sec. 4027. Adjustment to percentage of recovered funds retained by
States.
Sec. 4028. Tolerance level for payment errors.
Sec. 4029. State performance indicators.
Sec. 4030. Public-private partnerships.
Sec. 4031. Authorization of appropriations.
Sec. 4032. Emergency food assistance.
Sec. 4033. Nutrition education.
Sec. 4034. Retail food store and recipient trafficking.
Sec. 4035. Technical corrections.
Sec. 4036. Implementation funds.
Subtitle B--Commodity Distribution Programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special nutrition
projects.
Subtitle C--Miscellaneous
Sec. 4201. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions.
Sec. 4202. Seniors farmers' market nutrition program.
Sec. 4203. Healthy food financing initiative.
Sec. 4204. Amendments to the fruit and vegetable program.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience eligibility
requirement for farm ownership loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Farm ownership loan limits.
Subtitle B--Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Microloans.
Subtitle C--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Subtitle D--Technical Corrections to the Consolidated Farm and Rural
Development Act
Sec. 5401. Technical corrections to the Consolidated Farm and Rural
Development Act.
Subtitle E--Amendments to the Farm Credit Act of 1971
Sec. 5501. Elimination of obsolete references.
Sec. 5502. Conforming repeals.
Sec. 5503. Facility headquarters.
Sec. 5504. Sharing privileged and confidential information.
Sec. 5505. Scope of jurisdiction.
Sec. 5506. Definition.
Sec. 5507. Expansion of acreage exception to loan amount limitation.
Sec. 5508. Compensation of bank directors.
Sec. 5509. Prohibition on use of funds.
Subtitle F--Miscellaneous
Sec. 5601. State agricultural mediation programs.
Sec. 5602. Study on loan risk.
TITLE VI--RURAL INFRASTRUCTURE AND ECONOMIC DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural Communities
Sec. 6001. Prioritizing projects to meet health crises in rural
America.
Sec. 6002. Distance learning and telemedicine.
Sec. 6003. Reauthorization of the Farm and Ranch Stress Assistance
Network.
Sec. 6004. Supporting agricultural association health plans.
Subtitle B--Connecting Rural Americans to High Speed Broadband
Sec. 6101. Establishing forward-looking broadband standards.
Sec. 6102. Incentives for hard to reach communities.
Sec. 6103. Requiring guaranteed broadband lending.
Sec. 6104. Smart utility authority for broadband.
Sec. 6105. Modifications to the Rural Gigabit Program.
Sec. 6106. Unified broadband reporting requirements.
Sec. 6107. Improving access by providing certainty to broadband
borrowers.
Sec. 6108. Simplified application window.
Sec. 6109. Elimination of requirement to give priority to certain
applicants.
Sec. 6110. Modification of buildout requirement.
Sec. 6111. Improving borrower refinancing options.
Sec. 6112. Elimination of unnecessary reporting requirements.
Sec. 6113. Access to broadband telecommunications services in rural
areas.
Sec. 6114. Middle mile broadband infrastructure.
Sec. 6115. Outdated broadband systems.
Sec. 6116. Effective date.
Subtitle C--Consolidated Farm and Rural Development Act
Sec. 6201. Strengthening regional economic development incentives.
Sec. 6202. Expanding access to credit for rural communities.
Sec. 6203. Providing for additional fees for guaranteed loans.
Sec. 6204. Water, waste disposal, and wastewater facility grants.
Sec. 6205. Rural water and wastewater technical assistance and training
programs.
Sec. 6206. Rural water and wastewater circuit rider program.
Sec. 6207. Tribal college and university essential community
facilities.
Sec. 6208. Emergency and imminent community water assistance grant
program.
Sec. 6209. Water systems for rural and native villages in Alaska.
Sec. 6210. Household water well systems.
Sec. 6211. Solid waste management grants.
Sec. 6212. Rural business development grants.
Sec. 6213. Rural cooperative development grants.
Sec. 6214. Locally or regionally produced agricultural food products.
Sec. 6215. Appropriate technology transfer for rural areas program.
Sec. 6216. Rural economic area partnership zones.
Sec. 6217. Intermediary relending program.
Sec. 6218. Exclusion of prison populations from definition of rural
area.
Sec. 6219. National Rural Development Partnership.
Sec. 6220. Grants for NOAA weather radio transmitters.
Sec. 6221. Rural microentrepreneur assistance program.
Sec. 6222. Health care services.
Sec. 6223. Delta Regional Authority.
Sec. 6224. Northern Great Plains Regional Authority.
Sec. 6225. Rural business investment program.
Subtitle D--Rural Electrification Act of 1936
Sec. 6301. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6302. Expansion of 911 access.
Sec. 6303. Improvements to the guaranteed underwriter program.
Sec. 6304. Extension of the rural economic development loan and grant
program.
Subtitle E--Farm Security and Rural Investment Act of 2002
Sec. 6401. Rural energy savings program.
Sec. 6402. Biobased markets program.
Sec. 6403. Biorefinery, renewable, chemical, and biobased product
manufacturing assistance.
Sec. 6404. Repowering assistance program.
Sec. 6405. Bioenergy program for advanced biofuels.
Sec. 6406. Biodiesel fuel education program.
Sec. 6407. Rural Energy for America Program.
Sec. 6408. Categorical exclusion for grants and financial assistance
made under the Rural Energy for America Program.
Sec. 6409. Rural Energy Self-Sufficiency Initiative.
Sec. 6410. Feedstock flexibility.
Sec. 6411. Biomass Crop Assistance Program.
Subtitle F--Miscellaneous
Sec. 6501. Value-added agricultural product market development grants.
Sec. 6502. Agriculture innovation center demonstration program.
Sec. 6503. Regional economic and infrastructure development
commissions.
Sec. 6504. Definition of rural area for purposes of the Housing Act of
1949.
Subtitle G--Program Repeals
Sec. 6601. Elimination of unfunded programs.
Sec. 6602. Repeal of Rural Telephone Bank.
Sec. 6603. Amendments to LOCAL TV Act.
Subtitle H--Technical Corrections
Sec. 6701. Corrections relating to the Consolidated Farm and Rural
Development Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of
1936.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. International agriculture research.
Sec. 7102. Matters related to certain school designations and
declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7104. Specialty crop committee.
Sec. 7105. Renewable energy committee discontinued.
Sec. 7106. Report on allocations and matching funds for 1890
institutions.
Sec. 7107. Grants and fellowships for food and agriculture sciences
education.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7110. Repeal of nutrition education program.
Sec. 7111. Continuing animal health and disease research programs.
Sec. 7112. Extension carryover at 1890 land-grant colleges, including
Tuskegee University.
Sec. 7113. Scholarships for students at 1890 institutions.
Sec. 7114. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University.
Sec. 7115. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant institutions.
Sec. 7116. Hispanic-serving institutions.
Sec. 7117. Land-grant designation.
Sec. 7118. Competitive grants for international agricultural science
and education programs.
Sec. 7119. Limitation on indirect costs for agricultural research,
education, and extension programs.
Sec. 7120. Research equipment grants.
Sec. 7121. University research.
Sec. 7122. Extension service.
Sec. 7123. Supplemental and alternative crops.
Sec. 7124. Capacity building grants for NLGCA institutions.
Sec. 7125. Aquaculture assistance programs.
Sec. 7126. Rangeland research programs.
Sec. 7127. Special authorization for biosecurity planning and response.
Sec. 7128. Distance education and resident instruction grants program
for insular area institutions of higher education.
Sec. 7129. Removal of matching funds requirement for certain grants.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer
program.
Sec. 7204. National training program.
Sec. 7205. National Genetics Resources Program.
Sec. 7206. National Agricultural Weather Information System.
Sec. 7207. Agricultural genome to phenome initiative.
Sec. 7208. High-priority research and extension initiatives.
Sec. 7209. Organic agriculture research and extension initiative.
Sec. 7210. Farm business management.
Sec. 7211. Clarification of veteran eligibility for assistive
technology program for farmers with disabilities.
Sec. 7212. National Rural Information Center Clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7300. Ending limitation on funding under national food safety
training, education, extension, outreach, and technical assistance
program.
Sec. 7301. National food safety training, education, extension,
outreach, and technical assistance program.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum or by Tilletia indica.
Sec. 7304. Grants for youth organizations.
Sec. 7305. Specialty crop research initiative.
Sec. 7306. Food Animal Residue Avoidance Database program.
Sec. 7307. Office of Pest Management Policy.
Sec. 7308. Forestry products advanced utilization research.
Subtitle D--Food, Conservation, and Energy Act of 2008
Part I--Agricultural Security
Sec. 7401. Agricultural biosecurity communication center.
Sec. 7402. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7403. Research and development of agricultural countermeasures.
Sec. 7404. Agricultural biosecurity grant program.
Part II--Miscellaneous
Sec. 7411. Grazinglands research laboratory.
Sec. 7412. Natural products research program.
Sec. 7413. Sun grant program.
Subtitle E--Amendments to Other Laws
Sec. 7501. Critical Agricultural Materials Act.
Sec. 7502. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7503. Research Facilities Act.
Sec. 7504. Competitive, Special, and Facilities Research Grant Act.
Sec. 7505. Renewable Resources Extension Act of 1978.
Sec. 7506. National Aquaculture Act of 1980.
Sec. 7507. Beginning farmer and rancher development program.
Sec. 7508. Federal agriculture research facilities.
Sec. 7509. Biomass research and development.
Subtitle F--Other Matters
Sec. 7601. Enhanced use lease authority program.
Sec. 7602. Functions and Duties of the Under Secretary.
Sec. 7603. Reinstatement of District of Columbia matching requirement
for certain land-grant university assistance.
Sec. 7604. Farmland tenure, transition, and entry data initiative.
Sec. 7605. Transfer of administrative jurisdiction, portion of Henry A.
Wallace Beltsville Agricultural Research Center, Beltsville, Maryland.
Sec. 7606. Simplified plan of work.
Sec. 7607. Time and effort reporting exemption.
Sec. 7608. Public education on biotechnology in food and agriculture
sectors.
TITLE VIII--FORESTRY
Subtitle A--Reauthorization and Modification of Certain Forestry
Programs
Sec. 8101. Support for State assessments and strategies for forest
resources.
Sec. 8102. Forest legacy program.
Sec. 8103. Community forest and open space conservation program.
Sec. 8104. State and private forest landscape-scale restoration
program.
Sec. 8105. Rural revitalization technologies.
Sec. 8106. Community wood energy and wood innovation program.
Sec. 8107. Healthy Forests Restoration Act of 2003 amendments.
Sec. 8108. National Forest Foundation Act authorities.
Subtitle B--Secure Rural Schools and Community Self-Determination Act
of 2000 Amendments
Sec. 8201. Use of reserved funds for title II projects on Federal land
and certain non-Federal land.
Sec. 8202. Resource advisory committees.
Sec. 8203. Program for title II self-sustaining resource advisory
committee projects.
Subtitle C--Availability of Categorical Exclusions To Expedite Forest
Management Activities
Part I--General Provisions
Sec. 8301. Definitions.
Sec. 8302. Rule of application for National Forest System lands and
public lands.
Sec. 8303. Consultation under the Endangered Species Act.
Sec. 8304. Secretarial discretion in the case of two or more
categorical exclusions.
Part II--Categorical Exclusions
Sec. 8311. Categorical exclusion to expedite certain critical response
actions.
Sec. 8312. Categorical exclusion to expedite salvage operations in
response to catastrophic events.
Sec. 8313. Categorical exclusion to meet forest plan goals for early
successional forests.
Sec. 8314. Categorical exclusion for hazard trees.
Sec. 8315. Categorical exclusion to improve or restore National Forest
System lands or public land or reduce the risk of wildfire.
Sec. 8316. Categorical exclusion for forest restoration.
Sec. 8317. Categorical exclusion for infrastructure forest management
activities.
Sec. 8318. Categorical exclusion for developed recreation sites.
Sec. 8319. Categorical exclusion for administrative sites.
Sec. 8320. Categorical exclusion for special use authorizations.
Sec. 8321. Clarification of existing categorical exclusion authority
related to insect and disease infestation.
Part III--Miscellaneous Forest Management Activities
Sec. 8331. Good neighbor agreements.
Sec. 8332. Promoting cross-boundary wildfire mitigation.
Sec. 8333. Regulations regarding designation of dead or dying trees of
certain tree species on National Forest System lands in California as
exempt from prohibition on export of unprocessed timber originating
from Federal lands.
Subtitle D--Tribal Forestry Participation and Protection
Sec. 8401. Protection of Tribal forest assets through use of
stewardship end result contracting and other authorities.
Sec. 8402. Tribal forest management demonstration project.
Subtitle E--Other Matters
Sec. 8501. Clarification of research and development program for wood
building construction.
Sec. 8502. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8503. Revision of extraordinary circumstances regulations.
Sec. 8504. No loss of funds for wildfire suppression.
Sec. 8505. Technical corrections.
TITLE IX--HORTICULTURE
Subtitle A--Horticulture Marketing and Information
Sec. 9001. Specialty crops market news allocation.
Sec. 9002. Farmers' Market and Local Food Promotion Program.
Sec. 9003. Food safety education initiatives.
Sec. 9004. Specialty crop block grants.
Sec. 9005. Amendments to the Plant Variety Protection Act.
Sec. 9006. Organic programs.
Subtitle B--Regulatory Reform
Part I--State Lead Agencies Under Federal Insecticide, Fungicide, and
Rodenticide Act
Sec. 9101. Recognition and role of State lead agencies.
Part II--Pesticide Registration and Use
Sec. 9111. Registration of pesticides.
Sec. 9112. Experimental use permits.
Sec. 9113. Administrative review; suspension.
Sec. 9114. Unlawful acts.
Sec. 9115. Authority of States.
Sec. 9116. Regulations.
Sec. 9117. Use of authorized pesticides.
Sec. 9118. Discharges of pesticides.
Sec. 9119. Enactment of Pesticide Registration Improvement Enhancement
Act of 2017.
Part III--Amendments to the Plant Protection Act
Sec. 9121. Methyl bromide.
Part IV--Amendments to Other Laws
Sec. 9131. Definition of retail facilities.
Subtitle C--Other Matters
Sec. 9201. Report on regulation of plant biostimulants.
Sec. 9202. Pecan marketing orders.
Sec. 9203. Report on honey and maple syrup.
TITLE X--CROP INSURANCE
Sec. 10001. Treatment of forage and grazing.
Sec. 10002. Administrative basic fee.
Sec. 10003. Prevention of duplicative coverage.
Sec. 10004. Repeal of unused authority.
Sec. 10005. Continued authority.
Sec. 10006. Program administration.
Sec. 10007. Maintenance of policies.
Sec. 10008. Research and development priorities.
Sec. 10009. Extension of funding for research and development.
Sec. 10010. Education and risk management assistance.
TITLE XI--MISCELLANEOUS
Subtitle A--Livestock
Sec. 11101. Animal Disease Preparedness and Response.
Sec. 11102. National Aquatic Animal Health Plan.
Sec. 11103. Veterinary training.
Sec. 11104. Report on FSIS guidance and outreach to small meat
processors.
Subtitle B--Beginning, Socially Disadvantaged, and Veteran Producers
Sec. 11201. Outreach and assistance for socially disadvantaged farmers
and ranchers and veteran farmers and ranchers.
Sec. 11202. Office of Partnerships and Public Engagement.
Sec. 11203. Commission on Farm Transitions--Needs for 2050.
Sec. 11204. Agricultural youth organization coordinator.
Subtitle C--Textiles
Sec. 11301. Repeal of Pima Agriculture Cotton Trust Fund.
Sec. 11302. Repeal of Agriculture Wool Apparel Manufacturers Trust
Fund.
Sec. 11303. Repeal of wool research and promotion grants funding.
Sec. 11304. Textile Trust Fund.
Subtitle D--United States Grain Standards Act
Sec. 11401. Restoring certain exceptions to United States Grain
Standards Act.
Subtitle E--Noninsured Crop Disaster Assistance Program
Sec. 11501. Eligible crops.
Sec. 11502. Service fee.
Sec. 11503. Payments equivalent to additional coverage.
Subtitle F--Other Matters
Sec. 11601. Under Secretary of Agriculture for Farm Production and
Conservation.
Sec. 11602. Authority of Secretary to carry out certain programs under
Department of Agriculture Reorganization Act of 1994.
Sec. 11603. Conference report requirement threshold.
Sec. 11604. National agriculture imagery program.
Sec. 11605. Report on inclusion of natural stone products in Commodity
Promotion, Research, and Information Act of 1996.
Sec. 11606. South Carolina inclusion in Virginia/Carolina peanut
producing region.
Sec. 11607. Establishment of Food Loss and Waste Reduction Liaison.
Sec. 11608. Cotton classification services.
Sec. 11609. Century farms program.
Sec. 11610. Report on agricultural innovation.
Sec. 11611. Report on dog importation.
Sec. 11612. Prohibition on slaughter of dogs and cats for human
consumption.
Subtitle G--Protecting Interstate Commerce
Sec. 11701. Prohibition against interference by State and local
governments with production or manufacture of items in other States.
Sec. 11702. Federal cause of action to challenge State regulation of
interstate commerce.
SEC. 2. DEFINITION OF SECRETARY OF AGRICULTURE.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
SEC. 1111. DEFINITIONS.
In this subtitle and subtitle B:
(1) Actual crop revenue.--The term ``actual crop revenue'',
with respect to a covered commodity for a crop year, means the
amount determined by the Secretary under section 1117(b).
(2) Agriculture risk coverage.--The term ``agriculture risk
coverage'' means coverage provided under section 1117.
(3) Agriculture risk coverage guarantee.--The term
``agriculture risk coverage guarantee'', with respect to a
covered commodity for a crop year, means the amount determined
by the Secretary under section 1117(c).
(4) Base acres.--The term ``base acres'' has the meaning
given the term in section 1111(4)(A) of the Agricultural Act of
2014 (7 U.S.C. 9011(4)(A)), subject to any reallocation,
adjustment, or reduction under section 1112.
(5) Covered commodity.--The term ``covered commodity'' means
wheat, oats, and barley (including wheat, oats, and barley used
for haying and grazing), corn, grain sorghum, long grain rice,
medium grain rice, pulse crops, soybeans, other oilseeds, seed
cotton, and peanuts.
(6) Effective price.--The term ``effective price'', with
respect to a covered commodity for a crop year, means the price
calculated by the Secretary under section 1116(b) to determine
whether price loss coverage payments are required to be
provided for that crop year.
(7) Effective reference price.--The term ``effective
reference price'', with respect to a covered commodity for a
crop year, means the lesser of the following:
(A) An amount equal to 115 percent of the reference
price for such covered commodity.
(B) An amount equal to the greater of--
(i) the reference price for such covered
commodity; or
(ii) 85 percent of the average of the
marketing year average price of the covered
commodity for the most recent 5 crop years,
excluding each of the crop years with the
highest and lowest marketing year average
price.
(8) Extra long staple cotton.--The term ``extra long staple
cotton'' means cotton that--
(A) is produced from pure strain varieties of the
barbadense species or any hybrid of the species, or
other similar types of extra long staple cotton,
designated by the Secretary, having characteristics
needed for various end uses for which United States
upland cotton is not suitable and grown in irrigated
cotton-growing regions of the United States designated
by the Secretary or other areas designated by the
Secretary as suitable for the production of the
varieties or types; and
(B) is ginned on a roller-type gin or, if authorized
by the Secretary, ginned on another type gin for
experimental purposes.
(9) Marketing year average price.--The term ``marketing year
average price'' means the national average market price
received by producers during the 12-month marketing year for a
covered commodity, as determined by the Secretary.
(10) Medium grain rice.--The term ``medium grain rice''
includes short grain rice and temperate japonica rice.
(11) Other oilseed.--The term ``other oilseed'' means a crop
of sunflower seed, rapeseed, canola, safflower, flaxseed,
mustard seed, crambe, sesame seed, or any oilseed designated by
the Secretary.
(12) Payment acres.--The term ``payment acres'', with respect
to the provision of price loss coverage payments and
agriculture risk coverage payments, means the number of acres
determined for a farm under section 1114.
(13) Payment yield.--The term ``payment yield'', for a farm
for a covered commodity--
(A) means the yield used to make payments pursuant to
section 1116 of the Agricultural Act of 2014 (7 U.S.C.
9016); or
(B) means the yield established under section 1113.
(14) Price loss coverage.--The term ``price loss coverage''
means coverage provided under section 1116.
(15) Producer.--
(A) In general.--The term ``producer'' means an
owner, operator, landlord, tenant, or sharecropper that
shares in the risk of producing a crop and is entitled
to share in the crop available for marketing from the
farm, or would have shared had the crop been produced.
(B) Hybrid seed.--In determining whether a grower of
hybrid seed is a producer, the Secretary shall--
(i) not take into consideration the existence
of a hybrid seed contract; and
(ii) ensure that program requirements do not
adversely affect the ability of the grower to
receive a payment under this title.
(16) Pulse crop.--The term ``pulse crop'' means dry peas,
lentils, small chickpeas, and large chickpeas.
(17) Reference price.--The term ``reference price'', with
respect to a covered commodity for a crop year, means the
following:
(A) For wheat, $5.50 per bushel.
(B) For corn, $3.70 per bushel.
(C) For grain sorghum, $3.95 per bushel.
(D) For barley, $4.95 per bushel.
(E) For oats, $2.40 per bushel.
(F) For long grain rice, $14.00 per hundredweight.
(G) For medium grain rice, $14.00 per hundredweight.
(H) For soybeans, $8.40 per bushel.
(I) For other oilseeds, $20.15 per hundredweight.
(J) For peanuts, $535.00 per ton.
(K) For dry peas, $11.00 per hundredweight.
(L) For lentils, $19.97 per hundredweight.
(M) For small chickpeas, $19.04 per hundredweight.
(N) For large chickpeas, $21.54 per hundredweight.
(O) For seed cotton, $0.367 per pound.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(19) Seed cotton.--The term ``seed cotton'' means unginned
upland cotton that includes both lint and seed.
(20) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico; and
(D) any other territory or possession of the United
States.
(21) Temperate japonica rice.--The term ``temperate japonica
rice'' means rice that is grown in high altitudes or temperate
regions of high latitudes with cooler climate conditions, in
the Western United States, as determined by the Secretary, for
the purpose of--
(A) the establishment of a reference price (as
required under section 1116(g)) and an effective price
pursuant to section 1116; and
(B) the determination of the actual crop revenue and
agriculture risk coverage guarantee pursuant to section
1117.
(22) Transitional yield.--The term ``transitional yield'' has
the meaning given the term in section 502(b) of the Federal
Crop Insurance Act (7 U.S.C. 1502(b)).
(23) United states.--The term ``United States'', when used in
a geographical sense, means all of the States.
(24) United states premium factor.--The term ``United States
Premium Factor'' means the percentage by which the difference
in the United States loan schedule premiums for Strict Middling
(SM) 1\1/8\-inch upland cotton and for Middling (M) 1\3/32\-
inch upland cotton exceeds the difference in the applicable
premiums for comparable international qualities.
SEC. 1112. BASE ACRES.
(a) Adjustment of Base Acres.--
(1) In general.--The Secretary shall provide for an
adjustment, as appropriate, in the base acres for covered
commodities for a farm whenever any of the following
circumstances occur:
(A) A conservation reserve contract entered into
under section 1231 of the Food Security Act of 1985 (16
U.S.C. 3831) with respect to the farm expires or is
voluntarily terminated.
(B) Cropland is released from coverage under a
conservation reserve contract by the Secretary.
(C) The producer has eligible oilseed acreage as the
result of the Secretary designating additional
oilseeds, which shall be determined in the same manner
as eligible oilseed acreage under section 1101(a)(1)(D)
of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8711(a)(1)(D)).
(2) Special conservation reserve acreage payment rules.--For
the crop year in which a base acres adjustment under
subparagraph (A) or (B) of paragraph (1) is first made, the
owner of the farm shall elect to receive price loss coverage or
agriculture risk coverage with respect to the acreage added to
the farm under this subsection or a prorated payment under the
conservation reserve contract, but not both.
(b) Prevention of Excess Base Acres.--
(1) Required reduction.--If the sum of the base acres for a
farm and the acreage described in paragraph (2) exceeds the
actual cropland acreage of the farm, the Secretary shall reduce
the base acres for 1 or more covered commodities for the farm
so that the sum of the base acres and the acreage described in
paragraph (2) does not exceed the actual cropland acreage of
the farm.
(2) Other acreage.--For purposes of paragraph (1), the
Secretary shall include the following:
(A) Any acreage on the farm enrolled in the
conservation reserve program or wetlands reserve
program (or successor programs) under title XII of the
Food Security Act of 1985 (16 U.S.C. 3801 et seq.).
(B) Any other acreage on the farm enrolled in a
Federal conservation program for which payments are
made in exchange for not producing an agricultural
commodity on the acreage.
(C) If the Secretary designates additional oilseeds,
any eligible oilseed acreage, which shall be determined
in the same manner as eligible oilseed acreage under
subsection (a)(1)(C).
(3) Selection of acres.--The Secretary shall give the owner
of the farm the opportunity to select the base acres for a
covered commodity for the farm against which the reduction
required by paragraph (1) will be made.
(4) Exception for double-cropped acreage.--In applying
paragraph (1), the Secretary shall make an exception in the
case of double cropping, as determined by the Secretary.
(c) Reduction in Base Acres.--
(1) Reduction at option of owner.--
(A) In general.--The owner of a farm may reduce, at
any time, the base acres for any covered commodity for
the farm.
(B) Effect of reduction.--A reduction under
subparagraph (A) shall be permanent and made in a
manner prescribed by the Secretary.
(2) Required action by secretary.--
(A) In general.--The Secretary shall proportionately
reduce base acres on a farm for land that has been
subdivided and developed for multiple residential units
or other nonfarming uses if the size of the tracts and
the density of the subdivision is such that the land is
unlikely to return to the previous agricultural use,
unless the producers on the farm demonstrate that the
land--
(i) remains devoted to commercial
agricultural production; or
(ii) is likely to be returned to the previous
agricultural use.
(B) Requirement.--The Secretary shall establish
procedures to identify land described in subparagraph
(A).
(3) Treatment of unplanted base.--In the case of a farm on
which no covered commodities (including seed cotton) were
planted or prevented from being planted during the period
beginning on January 1, 2009, and ending on December 31, 2017,
the Secretary shall allocate all base acres on the farm to
unassigned crop base for which no payment shall be made under
section 1116 or 1117.
(4) Prohibition on reconstitution of farm.--The Secretary
shall ensure that producers on a farm do not reconstitute the
farm to void or change the treatment of base acres under this
section.
SEC. 1113. PAYMENT YIELDS.
(a) Treatment of Designated Oilseeds.--
(1) In general.--For the purpose of making price loss
coverage payments under section 1116, the Secretary shall
provide for the establishment of a yield for each farm for any
designated oilseed for which a payment yield was not
established under section 1113 of the Agricultural Act of 2014
(7 U.S.C. 9013) in accordance with this section.
(2) Payment yields for designated oilseeds.--In the case of
designated oilseeds, the payment yield shall be equal to 90
percent of the average of the yield per planted acre for the
most recent five crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to the
covered commodity was zero.
(3) Application.--This subsection shall apply to oilseeds
designated after the date of the enactment of this Act.
(b) Effect of Lack of Payment Yield.--
(1) Establishment by secretary.--In the case of a covered
commodity on a farm for which base acres have been established,
if no payment yield is otherwise established for the covered
commodity on the farm, the Secretary shall establish an
appropriate payment yield for the covered commodity on the farm
under paragraph (2).
(2) Use of similarly situated farms.--To establish an
appropriate payment yield for a covered commodity on a farm as
required by paragraph (1), the Secretary shall take into
consideration the farm program payment yields applicable to
that covered commodity for similarly situated farms. The use of
such data in an appeal, by the Secretary or by the producer,
shall not be subject to any other provision of law.
(c) Single Opportunity to Update Yields in Counties Affected by
Drought.--
(1) Election to update.--In the case of a farm that is
physically located in a county in which any area of the county
was rated by the U.S. Drought Monitor as having a D4
(exceptional drought) intensity for 20 or more consecutive
weeks during the period beginning January 1, 2008 and ending
December 31, 2012, at the sole discretion of the owner of such
farm, the owner of a farm shall have a 1-time opportunity to
update, on a covered commodity-by covered-commodity basis, the
payment yield that would otherwise be used in calculating any
price loss coverage payment for each covered commodity on the
farm for which the election is made.
(2) Method of updating yields for covered commodities.--If
the owner of a farm elects to update yields under paragraph
(1), the payment yield for covered commodities on the farm, for
the purpose of calculating price loss coverage payments only,
shall be equal to 90 percent of the average of the yield per
planted acre for the crop of covered commodities on the farm
for the 2013 through 2017 crop years, as determined by the
Secretary, excluding any crop year in which the acreage planted
to the covered commodity was zero.
(3) Use of county average yield.--For the purposes of
determining the average yield under paragraph (2), if the yield
per planted acre for a crop of a covered commodity for a farm
for any of the crop years specified in paragraph (2) was less
than 75 percent of the average of county yields for those same
years for that commodity, the Secretary shall assign a yield
for that crop year equal to 75 percent of the average of the
2013 though 2017 county yield for the covered commodity.
(4) Upland cotton conversion.--In the case of seed cotton,
for purposes of determining the average of the yield per
planted acre under paragraph (2), the average yield for seed
cotton per planted acre shall be equal to 2.4 times the average
yield for upland cotton per planted acre.
(5) Time for election.--An election under this subsection
shall be made at a time and manner so as to be in effect
beginning with the 2019 crop year, as determined by the
Secretary.
SEC. 1114. PAYMENT ACRES.
(a) Determination of Payment Acres.--Subject to subsection (d), for
the purpose of price loss coverage and agriculture risk coverage, the
payment acres for each covered commodity on a farm shall be equal to 85
percent of the base acres for the covered commodity on the farm.
(b) Effect of Minimal Payment Acres.--
(1) Prohibition on payments.--Notwithstanding any other
provision of this title, a producer on a farm may not receive
price loss coverage payments or agriculture risk coverage
payments if the sum of the base acres on the farm is 10 acres
or less, as determined by the Secretary, unless the sum of the
base acres on the farm, when combined with the base acres of
other farms in which the producer has an interest, is more than
10 acres.
(2) Exceptions.--Paragraph (1) does not apply to a producer
that is--
(A) a socially disadvantaged farmer or rancher (as
defined in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e))); or
(B) a limited resource farmer or rancher, as defined
by the Secretary.
(c) Effect of Planting Fruits and Vegetables.--
(1) Reduction required.--In the manner provided in this
subsection, payment acres on a farm shall be reduced in any
crop year in which fruits, vegetables (other than mung beans
and pulse crops), or wild rice have been planted on base acres
on a farm.
(2) Price loss coverage and agricultural risk coverage.--In
the case of price loss coverage payments and agricultural risk
coverage payments, the reduction under paragraph (1) shall be
the amount equal to the base acres planted to crops referred to
in such paragraph in excess of 15 percent of base acres.
(3) Reduction exceptions.--No reduction to payment acres
shall be made under this subsection if--
(A) cover crops or crops referred to in paragraph (1)
are grown solely for conservation purposes and not
harvested for use or sale, as determined by the
Secretary; or
(B) in any region in which there is a history of
double-cropping covered commodities with crops referred
to in paragraph (1) and such crops were so double-
cropped on the base acres, as determined by the
Secretary.
(4) Effect of reduction.--For each crop year for which
fruits, vegetables (other than mung beans and pulse crops), or
wild rice are planted to base acres on a farm for which a
reduction in payment acres is made under this subsection, the
Secretary shall consider such base acres to be planted, or
prevented from planting, to a covered commodity for purposes of
any adjustment or reduction of base acres for the farm under
section 1112.
(d) Unassigned Crop Base.--The Secretary shall maintain information
on base acres allocated as unassigned crop base pursuant to--
(1) section 1112(c)(3); or
(2) section 1112(a) of the Agricultural Act of 2014 (7 U.S.C.
9012(a)).
SEC. 1115. PRODUCER ELECTION.
(a) Election Required.--For the 2019 through 2023 crop years, all of
the producers on a farm shall make a 1-time, irrevocable election to
obtain on a covered-commodity-by-covered-commodity basis--
(1) price loss coverage under section 1116; or
(2) agriculture risk coverage under section 1117.
(b) Effect of Failure to Make Unanimous Election.--If all the
producers on a farm fail to make a unanimous election under subsection
(a) for the 2019 crop year--
(1) the Secretary shall not make any payments with respect to
the farm for the 2019 crop year under section 1116 or 1117; and
(2) the producers on the farm shall be deemed to have elected
price loss coverage under section 1116 for all covered
commodities on the farm for the 2020 through 2023 crop years.
(c) Prohibition on Reconstitution.--The Secretary shall ensure that
producers on a farm do not reconstitute the farm to void or change an
election made under this section.
SEC. 1116. PRICE LOSS COVERAGE.
(a) Price Loss Coverage Payments.--If all of the producers on a farm
make the election under subsection (a) of section 1115 to obtain price
loss coverage or, subject to subsection (b)(1) of such section, are
deemed to have made such election under subsection (b)(2) of such
section, the Secretary shall make price loss coverage payments to
producers on the farm on a covered-commodity-by-covered-commodity basis
if the Secretary determines that, for any of the 2019 through 2023 crop
years--
(1) the effective price for the covered commodity for the
crop year; is less than
(2) the effective reference price for the covered commodity
for the crop year.
(b) Effective Price.--The effective price for a covered commodity for
a crop year shall be the higher of--
(1) the marketing year average price; or
(2) the national average loan rate for a marketing assistance
loan for the covered commodity in effect for such crop year
under subtitle B.
(c) Payment Rate.--The payment rate shall be equal to the difference
between--
(1) the effective reference price for the covered commodity;
and
(2) the effective price determined under subsection (b) for
the covered commodity.
(d) Payment Amount.--If price loss coverage payments are required to
be provided under this section for any of the 2019 through 2023 crop
years for a covered commodity, the amount of the price loss coverage
payment to be paid to the producers on a farm for the crop year shall
be equal to the product obtained by multiplying--
(1) the payment rate for the covered commodity under
subsection (c);
(2) the payment yield for the covered commodity; and
(3) the payment acres for the covered commodity determined
under section 1114.
(e) Time for Payments.--If the Secretary determines under this
section that price loss coverage payments are required to be provided
for the covered commodity, the payments shall be made beginning October
1, or as soon as practicable thereafter, after the end of the
applicable marketing year for the covered commodity.
(f) Effective Price for Barley.--In determining the effective price
for barley under subsection (b), the Secretary shall use the all-barley
price.
(g) Reference Price for Temperate Japonica Rice.--In order to reflect
price premiums, the Secretary shall provide a reference price with
respect to temperate japonica rice in an amount equal to the amount
established under subparagraph (F) of section 1111(17), as adjusted by
paragraph (7) of such section, multiplied by the ratio obtained by
dividing--
(1) the simple average of the marketing year average price of
medium grain rice from the 2012 through 2016 crop years; by
(2) the simple average of the marketing year average price of
all rice from the 2012 through 2016 crop years.
SEC. 1117. AGRICULTURE RISK COVERAGE.
(a) Agriculture Risk Coverage Payments.--If all of the producers on a
farm make the election under section 1115(a) to obtain agriculture risk
coverage, the Secretary shall make agriculture risk coverage payments
to producers on the farm if the Secretary determines that, for any of
the 2019 through 2023 crop years--
(1) the actual crop revenue determined under subsection (b)
for the crop year; is less than
(2) the agriculture risk coverage guarantee determined under
subsection (c) for the crop year.
(b) Actual Crop Revenue.--The amount of the actual crop revenue for a
county for a crop year of a covered commodity shall be equal to the
product obtained by multiplying--
(1) the actual average county yield per planted acre for the
covered commodity, as determined by the Secretary; and
(2) the higher of--
(A) the marketing year average price; or
(B) the national average loan rate for a marketing
assistance loan for the covered commodity in effect for
such crop year under subtitle B.
(c) Agriculture Risk Coverage Guarantee.--
(1) In general.--The agriculture risk coverage guarantee for
a crop year for a covered commodity shall equal 86 percent of
the benchmark revenue.
(2) Benchmark revenue.--The benchmark revenue shall be equal
to the product obtained by multiplying--
(A) subject to paragraph (3), the average historical
county yield as determined by the Secretary for the
most recent 5 crop years, excluding each of the crop
years with the highest and lowest yields; and
(B) subject to paragraph (4), the marketing year
average price for the most recent 5 crop years,
excluding each of the crop years with the highest and
lowest prices.
(3) Yield conditions.--If the yield per planted acre for the
covered commodity or historical county yield per planted acre
for the covered commodity for any of the 5 most recent crop
years, as determined by the Secretary, is less than 70 percent
of the transitional yield, as determined by the Secretary, the
amounts used for any of those years in paragraph (2)(A) shall
be 70 percent of the transitional yield.
(4) Reference price.--If the marketing year average price for
any of the 5 most recent crop years is lower than the reference
price for the covered commodity, the Secretary shall use the
reference price for any of those years for the amounts in
paragraph (2)(B).
(d) Payment Rate.--The payment rate for a covered commodity in a
county shall be equal to the lesser of--
(1) the amount that--
(A) the agriculture risk coverage guarantee for the
crop year applicable under subsection (c); exceeds
(B) the actual crop revenue for the crop year
applicable under subsection (b); or
(2) 10 percent of the benchmark revenue for the crop year
applicable under subsection (c).
(e) Payment Amount.--If agriculture risk coverage payments are
required to be paid for any of the 2019 through 2023 crop years, the
amount of the agriculture risk coverage payment for the crop year shall
be determined by multiplying--
(1) the payment rate for the covered commodity determined
under subsection (d); and
(2) the payment acres for the covered commodity determined
under section 1114.
(f) Time for Payments.--If the Secretary determines that agriculture
risk coverage payments are required to be provided for the covered
commodity, payments shall be made beginning October 1, or as soon as
practicable thereafter, after the end of the applicable marketing year
for the covered commodity.
(g) Additional Duties of the Secretary.--In providing agriculture
risk coverage, the Secretary shall--
(1) to the maximum extent practicable, use all available
information and analysis, including data mining, to check for
anomalies in the determination of agriculture risk coverage
payments;
(2) calculate a separate actual crop revenue and agriculture
risk coverage guarantee for irrigated and nonirrigated covered
commodities;
(3) assign an actual or benchmark county yield for each
planted acre for the crop year for the covered commodity--
(A) for a county for which county data collected by
the Risk Management Agency is sufficient for the
Secretary to offer a county-wide insurance product
using the actual average county yield determined by the
Risk Management Agency; or
(B) for a county not described in subparagraph (A)
using--
(i) other sources of yield information, as
determined by the Secretary; or
(ii) the yield history of representative
farms in the State, region, or crop reporting
district, as determined by the Secretary; and
(4) make payments, as applicable, to producers using the
payment rate of the county of the physical location of the base
acres of a farm.
SEC. 1118. PRODUCER AGREEMENTS.
(a) Compliance With Certain Requirements.--
(1) Requirements.--Before the producers on a farm may receive
payments under this subtitle with respect to the farm, the
producers shall agree, during the crop year for which the
payments are made and in exchange for the payments--
(A) to comply with applicable conservation
requirements under subtitle B of title XII of the Food
Security Act of 1985 (16 U.S.C. 3811 et seq.);
(B) to comply with applicable wetland protection
requirements under subtitle C of title XII of that Act
(16 U.S.C. 3821 et seq.);
(C) to effectively control noxious weeds and
otherwise maintain the land in accordance with sound
agricultural practices, as determined by the Secretary;
and
(D) to use the land on the farm, in a quantity equal
to the attributable base acres for the farm and any
base acres for an agricultural or conserving use, and
not for a nonagricultural commercial, industrial, or
residential use, as determined by the Secretary.
(2) Compliance.--The Secretary may issue such rules as the
Secretary considers necessary to ensure producer compliance
with the requirements of paragraph (1).
(3) Modification.--At the request of the transferee or owner,
the Secretary may modify the requirements of this subsection if
the modifications are consistent with the objectives of this
subsection, as determined by the Secretary.
(b) Transfer or Change of Interest in Farm.--
(1) Termination.--
(A) In general.--Except as provided in paragraph (2),
a transfer of (or change in) the interest of the
producers on a farm for which payments under this
subtitle are provided shall result in the termination
of the payments, unless the transferee or owner of the
acreage agrees to assume all obligations under
subsection (a).
(B) Effective date.--The termination shall take
effect on the date determined by the Secretary.
(2) Exception.--If a producer entitled to a payment under
this subtitle dies, becomes incompetent, or is otherwise unable
to receive the payment, the Secretary shall make the payment in
accordance with rules issued by the Secretary.
(c) Acreage Reports.--As a condition on the receipt of any benefits
under this subtitle or subtitle B, the Secretary shall require
producers on a farm to submit to the Secretary annual acreage reports
with respect to all cropland on the farm.
(d) Effect of Inaccurate Reports.--No penalty with respect to
benefits under this subtitle or subtitle B shall be assessed against a
producer on a farm for an inaccurate acreage report unless the
Secretary determines that the producer on the farm knowingly and
willfully falsified the acreage report.
(e) Tenants and Sharecroppers.--In carrying out this subtitle, the
Secretary shall provide adequate safeguards to protect the interests of
tenants and sharecroppers.
(f) Sharing of Payments.--The Secretary shall provide for the sharing
of payments made under this subtitle among the producers on a farm on a
fair and equitable basis.
Subtitle B--Marketing Loans
SEC. 1201. AVAILABILITY OF NONRECOURSE MARKETING ASSISTANCE LOANS FOR
LOAN COMMODITIES.
(a) Definition of Loan Commodity.--In this subtitle, the term ``loan
commodity'' means wheat, corn, grain sorghum, barley, oats, upland
cotton, extra long staple cotton, long grain rice, medium grain rice,
peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair,
honey, dry peas, lentils, small chickpeas, and large chickpeas.
(b) Nonrecourse Loans Available.--
(1) In general.--For each of the 2019 through 2023 crops of
each loan commodity, the Secretary shall make available to
producers on a farm nonrecourse marketing assistance loans for
loan commodities produced on the farm.
(2) Terms and conditions.--The marketing assistance loans
shall be made under terms and conditions that are prescribed by
the Secretary and at the loan rate established under section
1202 for the loan commodity.
(c) Eligible Production.--The producers on a farm shall be eligible
for a marketing assistance loan under subsection (b) for any quantity
of a loan commodity produced on the farm.
(d) Compliance With Conservation and Wetlands Requirements.--As a
condition of the receipt of a marketing assistance loan under
subsection (b), the producer shall comply with applicable conservation
requirements under subtitle B of title XII of the Food Security Act of
1985 (16 U.S.C. 3811 et seq.) and applicable wetland protection
requirements under subtitle C of title XII of that Act (16 U.S.C. 3821
et seq.) during the term of the loan.
(e) Special Rules for Peanuts.--
(1) In general.--This subsection shall apply only to
producers of peanuts.
(2) Options for obtaining loan.--A marketing assistance loan
under this section, and loan deficiency payments under section
1205, may be obtained at the option of the producers on a farm
through--
(A) a designated marketing association or marketing
cooperative of producers that is approved by the
Secretary; or
(B) the Farm Service Agency.
(3) Storage of loan peanuts.--As a condition on the approval
by the Secretary of an individual or entity to provide storage
for peanuts for which a marketing assistance loan is made under
this section, the individual or entity shall agree--
(A) to provide the storage on a nondiscriminatory
basis; and
(B) to comply with such additional requirements as
the Secretary considers appropriate to accomplish the
purposes of this section and promote fairness in the
administration of the benefits of this section.
(4) Storage, handling, and associated costs.--
(A) In general.--To ensure proper storage of peanuts
for which a loan is made under this section, the
Secretary shall pay handling and other associated costs
(other than storage costs) incurred at the time at
which the peanuts are placed under loan, as determined
by the Secretary.
(B) Redemption and forfeiture.--The Secretary shall--
(i) require the repayment of handling and
other associated costs paid under subparagraph
(A) for all peanuts pledged as collateral for a
loan that is redeemed under this section; and
(ii) pay storage, handling, and other
associated costs for all peanuts pledged as
collateral that are forfeited under this
section.
(5) Marketing.--A marketing association or cooperative may
market peanuts for which a loan is made under this section in
any manner that conforms to consumer needs, including the
separation of peanuts by type and quality.
(6) Reimbursable agreements and payment of administrative
expenses.--The Secretary may implement any reimbursable
agreements or provide for the payment of administrative
expenses under this subsection only in a manner that is
consistent with those activities in regard to other loan
commodities.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) In General.--For purposes of each of the 2019 through 2023 crop
years, the loan rate for a marketing assistance loan under section 1201
for a loan commodity shall be equal to the following:
(1) In the case of wheat, $2.94 per bushel.
(2) In the case of corn, $1.95 per bushel.
(3) In the case of grain sorghum, $1.95 per bushel.
(4) In the case of barley, $1.95 per bushel.
(5) In the case of oats, $1.39 per bushel.
(6)(A) Subject to subparagraphs (B) and (C), in the case of
base quality of upland cotton, the simple average of the
adjusted prevailing world price for the 2 immediately preceding
marketing years, as determined by the Secretary and announced
October 1 preceding the next domestic planting.
(B) Except as provided in subparagraph (C), the loan rate
determined under subparagraph (A) may not equal less than an
amount equal to 98 percent of the loan rate for base quality of
upland cotton for the preceding year.
(C) The loan rate determined under subparagraph (A) may not
be equal to an amount--
(i) less than $0.45 per pound; or
(ii) more than $0.52 per pound.
(7) In the case of extra long staple cotton, $0.95 per pound.
(8) In the case of long grain rice, $6.50 per hundredweight.
(9) In the case of medium grain rice, $6.50 per
hundredweight.
(10) In the case of soybeans, $5.00 per bushel.
(11) In the case of other oilseeds, $10.09 per hundredweight
for each of the following kinds of oilseeds:
(A) Sunflower seed.
(B) Rapeseed.
(C) Canola.
(D) Safflower.
(E) Flaxseed.
(F) Mustard seed.
(G) Crambe.
(H) Sesame seed.
(I) Other oilseeds designated by the Secretary.
(12) In the case of dry peas, $5.40 per hundredweight.
(13) In the case of lentils, $11.28 per hundredweight.
(14) In the case of small chickpeas, $7.43 per hundredweight.
(15) In the case of large chickpeas, $11.28 per
hundredweight.
(16) In the case of graded wool, $1.15 per pound.
(17) In the case of nongraded wool, $0.40 per pound.
(18) In the case of mohair, $4.20 per pound.
(19) In the case of honey, $0.69 per pound.
(20) In the case of peanuts, $355 per ton.
(b) Single County Loan Rate for Other Oilseeds.--The Secretary shall
establish a single loan rate in each county for each kind of other
oilseeds described in subsection (a)(11).
(c) Rule for Seed Cotton.--
(1) In general.--For purposes of sections 1116(b)(2) and
1117(b)(2)(B) only, seed cotton shall be deemed to have a loan
rate equal to $0.25 per pound.
(2) Rule of construction.--Nothing in this subsection shall
be construed to authorize nonrecourse marketing assistance
loans under this subtitle for seed cotton.
SEC. 1203. TERM OF LOANS.
(a) Term of Loan.--In the case of each loan commodity, a marketing
assistance loan under section 1201 shall have a term of 9 months
beginning on the first day of the first month after the month in which
the loan is made.
(b) Extensions Prohibited.--The Secretary may not extend the term of
a marketing assistance loan for any loan commodity.
SEC. 1204. REPAYMENT OF LOANS.
(a) General Rule.--The Secretary shall permit the producers on a farm
to repay a marketing assistance loan under section 1201 for a loan
commodity (other than upland cotton, long grain rice, medium grain
rice, extra long staple cotton, peanuts and confectionery and each
other kind of sunflower seed (other than oil sunflower seed)) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under section
1202, plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283));
(2) a rate (as determined by the Secretary) that--
(A) is calculated based on average market prices for
the loan commodity during the preceding 30-day period;
and
(B) will minimize discrepancies in marketing loan
benefits across State boundaries and across county
boundaries; or
(3) a rate that the Secretary may develop using alternative
methods for calculating a repayment rate for a loan commodity
that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of the
commodity by the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing the commodity;
(D) allow the commodity produced in the United States
to be marketed freely and competitively, both
domestically and internationally; and
(E) minimize discrepancies in marketing loan benefits
across State boundaries and across county boundaries.
(b) Repayment Rates for Upland Cotton, Long Grain Rice, and Medium
Grain Rice.--The Secretary shall permit producers to repay a marketing
assistance loan under section 1201 for upland cotton, long grain rice,
and medium grain rice at a rate that is the lesser of--
(1) the loan rate established for the commodity under section
1202, plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) the prevailing world market price for the commodity, as
determined and adjusted by the Secretary in accordance with
this section.
(c) Repayment Rates for Extra Long Staple Cotton.--Repayment of a
marketing assistance loan for extra long staple cotton shall be at the
loan rate established for the commodity under section 1202, plus
interest (determined in accordance with section 163 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)).
(d) Prevailing World Market Price.--For purposes of this section and
section 1207, the Secretary shall prescribe by regulation--
(1) a formula to determine the prevailing world market price
for each of upland cotton, long grain rice and medium grain
rice; and
(2) a mechanism by which the Secretary shall announce
periodically those prevailing world market prices.
(e) Adjustment of Prevailing World Market Price for Upland Cotton,
Long Grain Rice, and Medium Grain Rice.--
(1) Rice.--The prevailing world market price for long grain
rice and medium grain rice determined under subsection (d)
shall be adjusted to United States quality and location.
(2) Cotton.--The prevailing world market price for upland
cotton determined under subsection (d)--
(A) shall be adjusted to United States quality and
location, with the adjustment to include--
(i) a reduction equal to any United States
Premium Factor for upland cotton of a quality
higher than Middling (M) 1\3/32\-inch; and
(ii) the average costs to market the
commodity, including average transportation
costs, as determined by the Secretary; and
(B) may be further adjusted, during the period
beginning on the date of enactment of this Act and
ending on July 31, 2024, if the Secretary determines
the adjustment is necessary--
(i) to minimize potential loan forfeitures;
(ii) to minimize the accumulation of stocks
of upland cotton by the Federal Government;
(iii) to ensure that upland cotton produced
in the United States can be marketed freely and
competitively, both domestically and
internationally; and
(iv) to ensure an appropriate transition
between current-crop and forward-crop price
quotations, except that the Secretary may use
forward-crop price quotations prior to July 31
of a marketing year only if--
(I) there are insufficient current-
crop price quotations; and
(II) the forward-crop price quotation
is the lowest such quotation available.
(3) Guidelines for additional adjustments.--In making
adjustments under this subsection, the Secretary shall
establish a mechanism for determining and announcing the
adjustments in order to avoid undue disruption in the United
States market.
(f) Repayment Rates for Confectionery and Other Kinds of Sunflower
Seeds.--The Secretary shall permit the producers on a farm to repay a
marketing assistance loan under section 1201 for confectionery and each
other kind of sunflower seed (other than oil sunflower seed) at a rate
that is the lesser of--
(1) the loan rate established for the commodity under section
1202, plus interest (determined in accordance with section 163
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7283)); or
(2) the repayment rate established for oil sunflower seed.
(g) Payment of Cotton Storage Costs.--Effective for each of the 2019
through 2023 crop years, the Secretary shall make cotton storage
payments available in the same manner, and at the same rates as the
Secretary provided storage payments for the 2006 crop of cotton, except
that the rates shall be reduced by 10 percent.
(h) Repayment Rate for Peanuts.--The Secretary shall permit producers
on a farm to repay a marketing assistance loan for peanuts under
section 1201 at a rate that is the lesser of--
(1) the loan rate established for peanuts under section
1202(a)(20), plus interest (determined in accordance with
section 163 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7283)); or
(2) a rate that the Secretary determines will--
(A) minimize potential loan forfeitures;
(B) minimize the accumulation of stocks of peanuts by
the Federal Government;
(C) minimize the cost incurred by the Federal
Government in storing peanuts; and
(D) allow peanuts produced in the United States to be
marketed freely and competitively, both domestically
and internationally.
(i) Authority To Temporarily Adjust Repayment Rates.--
(1) Adjustment authority.--In the event of a severe
disruption to marketing, transportation, or related
infrastructure, the Secretary may modify the repayment rate
otherwise applicable under this section for marketing
assistance loans under section 1201 for a loan commodity.
(2) Duration.--Any adjustment made under paragraph (1) in the
repayment rate for marketing assistance loans for a loan
commodity shall be in effect on a short-term and temporary
basis, as determined by the Secretary.
SEC. 1205. LOAN DEFICIENCY PAYMENTS.
(a) Availability of Loan Deficiency Payments.--
(1) In general.--Except as provided in subsection (d), the
Secretary may make loan deficiency payments available to
producers on a farm that, although eligible to obtain a
marketing assistance loan under section 1201 with respect to a
loan commodity, agree to forgo obtaining the loan for the
commodity in return for loan deficiency payments under this
section.
(2) Unshorn pelts, hay, and silage.--
(A) Marketing assistance loans.--Subject to
subparagraph (B), nongraded wool in the form of unshorn
pelts and hay and silage derived from a loan commodity
are not eligible for a marketing assistance loan under
section 1201.
(B) Loan deficiency payment.--Effective for each of
the 2019 through 2023 crop years, the Secretary may
make loan deficiency payments available under this
section to producers on a farm that produce unshorn
pelts or hay and silage derived from a loan commodity.
(b) Computation.--A loan deficiency payment for a loan commodity or
commodity referred to in subsection (a)(2) shall be equal to the
product obtained by multiplying--
(1) the payment rate determined under subsection (c) for the
commodity; by
(2) the quantity of the commodity produced by the eligible
producers, excluding any quantity for which the producers
obtain a marketing assistance loan under section 1201.
(c) Payment Rate.--
(1) In general.--In the case of a loan commodity, the payment
rate shall be the amount by which--
(A) the loan rate established under section 1202 for
the loan commodity; exceeds
(B) the rate at which a marketing assistance loan for
the loan commodity may be repaid under section 1204.
(2) Unshorn pelts.--In the case of unshorn pelts, the payment
rate shall be the amount by which--
(A) the loan rate established under section 1202 for
ungraded wool; exceeds
(B) the rate at which a marketing assistance loan for
ungraded wool may be repaid under section 1204.
(3) Hay and silage.--In the case of hay or silage derived
from a loan commodity, the payment rate shall be the amount by
which--
(A) the loan rate established under section 1202 for
the loan commodity from which the hay or silage is
derived; exceeds
(B) the rate at which a marketing assistance loan for
the loan commodity may be repaid under section 1204.
(d) Exception for Extra Long Staple Cotton.--This section shall not
apply with respect to extra long staple cotton.
(e) Effective Date for Payment Rate Determination.--The Secretary
shall determine the amount of the loan deficiency payment to be made
under this section to the producers on a farm with respect to a
quantity of a loan commodity or commodity referred to in subsection
(a)(2) using the payment rate in effect under subsection (c) as of the
date the producers request the payment.
SEC. 1206. PAYMENTS IN LIEU OF LOAN DEFICIENCY PAYMENTS FOR GRAZED
ACREAGE.
(a) Eligible Producers.--
(1) In general.--Effective for each of the 2019 through 2023
crop years, in the case of a producer that would be eligible
for a loan deficiency payment under section 1205 for wheat,
barley, or oats, but that elects to use acreage planted to the
wheat, barley, or oats for the grazing of livestock, the
Secretary shall make a payment to the producer under this
section if the producer enters into an agreement with the
Secretary to forgo any other harvesting of the wheat, barley,
or oats on that acreage.
(2) Grazing of triticale acreage.--Effective for each of the
2019 through 2023 crop years, with respect to a producer on a
farm that uses acreage planted to triticale for the grazing of
livestock, the Secretary shall make a payment to the producer
under this section if the producer enters into an agreement
with the Secretary to forgo any other harvesting of triticale
on that acreage.
(b) Payment Amount.--
(1) In general.--The amount of a payment made under this
section to a producer on a farm described in subsection (a)(1)
shall be equal to the amount determined by multiplying--
(A) the loan deficiency payment rate determined under
section 1205(c) in effect, as of the date of the
agreement, for the county in which the farm is located;
by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the
farm with respect to which the producer elects
to forgo harvesting of wheat, barley, or oats;
and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
section 1116 with respect to that loan
commodity on the farm;
(II) in the case of a farm for which
agriculture risk coverage is elected under
section 1117, the payment yield that would
otherwise be in effect with respect to that
loan commodity on the farm in the absence of
such election; or
(III) in the case of a farm for which no
payment yield is otherwise established for that
loan commodity on the farm, an appropriate
yield established by the Secretary in a manner
consistent with section 1113(b).
(2) Grazing of triticale acreage.--The amount of a payment
made under this section to a producer on a farm described in
subsection (a)(2) shall be equal to the amount determined by
multiplying--
(A) the loan deficiency payment rate determined under
section 1205(c) in effect for wheat, as of the date of
the agreement, for the county in which the farm is
located; by
(B) the payment quantity determined by multiplying--
(i) the quantity of the grazed acreage on the
farm with respect to which the producer elects
to forgo harvesting of triticale; and
(ii)(I) the payment yield in effect for the
calculation of price loss coverage under
subtitle A with respect to wheat on the farm;
(II) in the case of a farm for which
agriculture risk coverage is elected under
section 1117, the payment yield that would
otherwise be in effect for wheat on the farm in
the absence of such election; or
(III) in the case of a farm for which no
payment yield is otherwise established for
wheat on the farm, an appropriate yield
established by the Secretary in a manner
consistent with section 1113(b).
(c) Time, Manner, and Availability of Payment.--
(1) Time and manner.--A payment under this section shall be
made at the same time and in the same manner as loan deficiency
payments are made under section 1205.
(2) Availability.--
(A) In general.--The Secretary shall establish an
availability period for the payments authorized by this
section.
(B) Certain commodities.--In the case of wheat,
barley, and oats, the availability period shall be
consistent with the availability period for the
commodity established by the Secretary for marketing
assistance loans authorized by this subtitle.
(d) Prohibition on Crop Insurance Indemnity or Noninsured Crop
Assistance.--A 2019 through 2023 crop of wheat, barley, oats, or
triticale planted on acreage that a producer elects, in the agreement
required by subsection (a), to use for the grazing of livestock in lieu
of any other harvesting of the crop shall not be eligible for an
indemnity under a policy or plan of insurance authorized under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) or noninsured crop
assistance under section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333).
SEC. 1207. SPECIAL MARKETING LOAN PROVISIONS FOR UPLAND COTTON.
(a) Special Import Quota.--
(1) Definition of special import quota.--In this subsection,
the term ``special import quota'' means a quantity of imports
that is not subject to the over-quota tariff rate of a tariff-
rate quota.
(2) Establishment.--
(A) In general.--The President shall carry out an
import quota program beginning on August 1, 2019, as
provided in this subsection.
(B) Program requirements.--Whenever the Secretary
determines and announces that for any consecutive 4-
week period, the Friday through Thursday average price
quotation for the lowest priced United States growth,
as quoted for Middling (M) 1\3/32\-inch upland cotton,
delivered to a definable and significant international
market, as determined by the Secretary, exceeds the
prevailing world market price, there shall immediately
be in effect a special import quota.
(3) Quantity.--The quota shall be equal to the consumption
during a 1-week period of cotton by domestic mills at the
seasonally adjusted average rate of the most recent 3 months
for which official data of the Department of Agriculture are
available or, in the absence of sufficient data, as estimated
by the Secretary.
(4) Application.--The quota shall apply to upland cotton
purchased not later than 90 days after the date of the
Secretary's announcement under paragraph (2) and entered into
the United States not later than 180 days after that date.
(5) Overlap.--A special quota period may be established that
overlaps any existing quota period if required by paragraph
(2), except that a special quota period may not be established
under this subsection if a quota period has been established
under subsection (b).
(6) Preferential tariff treatment.--The quantity under a
special import quota shall be considered to be an in-quota
quantity for purposes of--
(A) section 213(d) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703(d));
(B) section 204 of the Andean Trade Preference Act
(19 U.S.C. 3203);
(C) section 503(d) of the Trade Act of 1974 (19
U.S.C. 2463(d)); and
(D) General Note 3(a)(iv) to the Harmonized Tariff
Schedule.
(7) Limitation.--The quantity of cotton entered into the
United States during any marketing year under the special
import quota established under this subsection may not exceed
the equivalent of 10 weeks' consumption of upland cotton by
domestic mills at the seasonally adjusted average rate of the 3
months immediately preceding the first special import quota
established in any marketing year.
(b) Limited Global Import Quota for Upland Cotton.--
(1) Definitions.--In this subsection:
(A) Demand.--The term ``demand'' means--
(i) the average seasonally adjusted annual
rate of domestic mill consumption of cotton
during the most recent 3 months for which
official data of the Department of Agriculture
are available or, in the absence of sufficient
data, as estimated by the Secretary; and
(ii) the larger of--
(I) average exports of upland cotton
during the preceding 6 marketing years;
or
(II) cumulative exports of upland
cotton plus outstanding export sales
for the marketing year in which the
quota is established.
(B) Limited global import quota.--The term ``limited
global import quota'' means a quantity of imports that
is not subject to the over-quota tariff rate of a
tariff-rate quota.
(C) Supply.--The term ``supply'' means, using the
latest official data of the Department of Agriculture--
(i) the carry-over of upland cotton at the
beginning of the marketing year (adjusted to
480-pound bales) in which the quota is
established;
(ii) production of the current crop; and
(iii) imports to the latest date available
during the marketing year.
(2) Program.--The President shall carry out an import quota
program that provides that whenever the Secretary determines
and announces that the average price of the base quality of
upland cotton, as determined by the Secretary, in the
designated spot markets for a month exceeded 130 percent of the
average price of the quality of cotton in the markets for the
preceding 36 months, notwithstanding any other provision of
law, there shall immediately be in effect a limited global
import quota subject to the following conditions:
(A) Quantity.--The quantity of the quota shall be
equal to 21 days of domestic mill consumption of upland
cotton at the seasonally adjusted average rate of the
most recent 3 months for which official data of the
Department of Agriculture are available or, in the
absence of sufficient data, as estimated by the
Secretary.
(B) Quantity of prior quota.--If a quota has been
established under this subsection during the preceding
12 months, the quantity of the quota next established
under this subsection shall be the smaller of 21 days
of domestic mill consumption calculated under
subparagraph (A) or the quantity required to increase
the supply to 130 percent of the demand.
(C) Preferential tariff treatment.--The quantity
under a limited global import quota shall be considered
to be an in-quota quantity for purposes of--
(i) section 213(d) of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2703(d));
(ii) section 204 of the Andean Trade
Preference Act (19 U.S.C. 3203);
(iii) section 503(d) of the Trade Act of 1974
(19 U.S.C. 2463(d)); and
(iv) General Note 3(a)(iv) to the Harmonized
Tariff Schedule.
(D) Quota entry period.--When a quota is established
under this subsection, cotton may be entered under the
quota during the 90-day period beginning on the date
the quota is established by the Secretary.
(3) No overlap.--Notwithstanding paragraph (2), a quota
period may not be established that overlaps an existing quota
period or a special quota period established under subsection
(a).
(c) Economic Adjustment Assistance for Textile Mills.--
(1) In general.--Subject to paragraph (2), the Secretary
shall, on a monthly basis, make economic adjustment assistance
available to domestic users of upland cotton in the form of
payments for all documented use of that upland cotton during
the previous monthly period regardless of the origin of the
upland cotton.
(2) Value of assistance.--The value of the assistance
provided under paragraph (1) shall be 3.15 cents per pound.
(3) Allowable purposes.--Economic adjustment assistance under
this subsection shall be made available only to domestic users
of upland cotton that certify that the assistance shall be used
only to acquire, construct, install, modernize, develop,
convert, or expand land, plant, buildings, equipment,
facilities, or machinery.
(4) Review or audit.--The Secretary may conduct such review
or audit of the records of a domestic user under this
subsection as the Secretary determines necessary to carry out
this subsection.
(5) Improper use of assistance.--If the Secretary determines,
after a review or audit of the records of the domestic user,
that economic adjustment assistance under this subsection was
not used for the purposes specified in paragraph (3), the
domestic user shall be--
(A) liable for the repayment of the assistance to the
Secretary, plus interest, as determined by the
Secretary; and
(B) ineligible to receive assistance under this
subsection for a period of 1 year following the
determination of the Secretary.
SEC. 1208. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) Competitiveness Program.--Notwithstanding any other provision of
law, during the period beginning on the date of enactment of this Act
through July 31, 2024, the Secretary shall carry out a program--
(1) to maintain and expand the domestic use of extra long
staple cotton produced in the United States;
(2) to increase exports of extra long staple cotton produced
in the United States; and
(3) to ensure that extra long staple cotton produced in the
United States remains competitive in world markets.
(b) Payments Under Program; Trigger.--Under the program, the
Secretary shall make payments available under this section whenever--
(1) for a consecutive 4-week period, the world market price
for the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is below the prevailing United
States price for a competing growth of extra long staple
cotton; and
(2) the lowest priced competing growth of extra long staple
cotton (adjusted to United States quality and location and for
other factors affecting the competitiveness of such cotton), as
determined by the Secretary, is less than 113 percent of the
loan rate for extra long staple cotton.
(c) Eligible Recipients.--The Secretary shall make payments available
under this section to domestic users of extra long staple cotton
produced in the United States and exporters of extra long staple cotton
produced in the United States that enter into an agreement with the
Commodity Credit Corporation to participate in the program under this
section.
(d) Payment Amount.--Payments under this section shall be based on
the amount of the difference in the prices referred to in subsection
(b)(1) during the fourth week of the consecutive 4-week period
multiplied by the amount of documented purchases by domestic users and
sales for export by exporters made in the week following such a
consecutive 4-week period.
SEC. 1209. AVAILABILITY OF RECOURSE LOANS.
(a) High Moisture Feed Grains.--
(1) Definition of high moisture state.--In this subsection,
the term ``high moisture state'' means corn or grain sorghum
having a moisture content in excess of Commodity Credit
Corporation standards for marketing assistance loans made by
the Secretary under section 1201.
(2) Recourse loans available.--For each of the 2019 through
2023 crops of corn and grain sorghum, the Secretary shall make
available recourse loans, as determined by the Secretary, to
producers on a farm that--
(A) normally harvest all or a portion of their crop
of corn or grain sorghum in a high moisture state;
(B) present--
(i) certified scale tickets from an
inspected, certified commercial scale,
including a licensed warehouse, feedlot, feed
mill, distillery, or other similar entity
approved by the Secretary, pursuant to
regulations issued by the Secretary; or
(ii) field or other physical measurements of
the standing or stored crop in regions of the
United States, as determined by the Secretary,
that do not have certified commercial scales
from which certified scale tickets may be
obtained within reasonable proximity of harvest
operation;
(C) certify that the producers on the farm were the
owners of the feed grain at the time of delivery to,
and that the quantity to be placed under loan under
this subsection was in fact harvested on the farm and
delivered to, a feedlot, feed mill, or commercial or
on-farm high-moisture storage facility, or to a
facility maintained by the users of corn and grain
sorghum in a high moisture state; and
(D) comply with deadlines established by the
Secretary for harvesting the corn or grain sorghum and
submit applications for loans under this subsection
within deadlines established by the Secretary.
(3) Eligibility of acquired feed grains.--A loan under this
subsection shall be made on a quantity of corn or grain sorghum
of the same crop acquired by the producer equivalent to a
quantity determined by multiplying--
(A) the acreage of the corn or grain sorghum in a
high moisture state harvested on the farm of the
producer; by
(B) the lower of--
(i) the payment yield in effect for the
calculation of price loss coverage under
section 1116, or the payment yield deemed to be
in effect or established under subclause (II)
or (III) of section 1206(b)(1)(B)(ii), with
respect to corn or grain sorghum on a field
that is similar to the field from which the
corn or grain sorghum referred to in
subparagraph (A) was obtained; or
(ii) the actual yield of corn or grain
sorghum on a field, as determined by the
Secretary, that is similar to the field from
which the corn or grain sorghum referred to in
subparagraph (A) was obtained.
(b) Recourse Loans Available for Seed Cotton.--For each of the 2019
through 2023 crops of upland cotton and extra long staple cotton, the
Secretary shall make available recourse seed cotton loans, as
determined by the Secretary, on any production.
(c) Recourse Loans Available for Contaminated Commodities.--In the
case of a loan commodity that is ineligible for 100 percent of the
nonrecourse marketing loan rate in the county due to a determination
that the commodity is contaminated yet still merchantable, for each of
the 2019 through 2023 crops of such loan commodity, the Secretary shall
make available recourse commodity loans, at the rate provided under
section 1202, on any production.
(d) Repayment Rates.--Repayment of a recourse loan made under this
section shall be at the loan rate established for the commodity by the
Secretary, plus interest (determined in accordance with section 163 of
the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7283)).
SEC. 1210. ADJUSTMENTS OF LOANS.
(a) Adjustment Authority.--Subject to subsection (e), the Secretary
may make appropriate adjustments in the loan rates for any loan
commodity (other than cotton) for differences in grade, type, quality,
location, and other factors.
(b) Manner of Adjustment.--The adjustments under subsection (a)
shall, to the maximum extent practicable, be made in such a manner that
the average loan level for the commodity will, on the basis of the
anticipated incidence of the factors, be equal to the level of support
determined in accordance with this subtitle and subtitle C.
(c) Cost Saving Option.--In carrying out this title, the Secretary
shall consider methods to enhance the support, loan, or assistance
provided under this title in a manner that further minimizes the
potential for forfeitures.
(d) Adjustment on County Basis.--
(1) In general.--The Secretary may establish loan rates for a
crop for producers in individual counties in a manner that
results in the lowest loan rate being 95 percent of the
national average loan rate, if those loan rates do not result
in an increase in outlays.
(2) Prohibition.--Adjustments under this subsection shall not
result in an increase in the national average loan rate for any
year.
(e) Adjustment in Loan Rate for Cotton.--
(1) In general.--The Secretary may make appropriate
adjustments in the loan rate for cotton for differences in
quality factors.
(2) Types of adjustments.--Loan rate adjustments under
paragraph (1) may include--
(A) the use of non-spot market price data, in
addition to spot market price data, that would enhance
the accuracy of the price information used in
determining quality adjustments under this subsection;
(B) adjustments in the premiums or discounts
associated with upland cotton with a staple length of
33 or above due to micronaire with the goal of
eliminating any unnecessary artificial splits in the
calculations of the premiums or discounts; and
(C) such other adjustments as the Secretary
determines appropriate, after consultations conducted
in accordance with paragraph (3).
(3) Consultation with private sector.--
(A) Prior to revision.--In making adjustments to the
loan rate for cotton (including any review of the
adjustments) as provided in this subsection, the
Secretary shall consult with representatives of the
United States cotton industry.
(B) Inapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to consultations under this
subsection.
(4) Review of adjustments.--The Secretary may review the
operation of the upland cotton quality adjustments implemented
pursuant to this subsection and may make further adjustments to
the administration of the loan program for upland cotton, by
revoking or revising any adjustment taken under paragraph (2).
(f) Rice.--The Secretary shall not make adjustments in the loan rates
for long grain rice and medium grain rice, except for differences in
grade and quality (including milling yields).
(g) Continuation of Authority.--Section 166 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7286) is
amended by striking ``and Subtitle B of title I of the Agricultural Act
of 2014'' each place it appears and inserting ``subtitle B of title I
of the Agricultural Act of 2014, and subtitle B of title I of the
Agriculture and Nutrition Act of 2018''.
Subtitle C--Sugar
SEC. 1301. SUGAR POLICY.
(a) Continuation of Current Program and Loan Rates.--
(1) Sugarcane.--Section 156(a)(4) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)(4)) is
amended by striking ``2018'' and inserting ``2023''.
(2) Sugar beets.--Section 156(b)(2) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7272(i)) is amended by striking ``2018'' and inserting
``2023''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by
striking ``2018'' and inserting ``2023''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Dairy Risk Management Program and Other Dairy Programs
SEC. 1401. DAIRY RISK MANAGEMENT PROGRAM FOR DAIRY PRODUCERS.
(a) Review of Data Used in Calculation of Average Feed Cost.--Not
later than 60 days after the date of the enactment of this Act, the
Secretary of Agriculture shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report evaluating the extent to
which the average cost of feed used by a dairy operation to produce a
hundredweight of milk calculated by the Secretary as required by
section 1402(a) of the Agricultural Act of 2014 (7 U.S.C. 9052(a)) is
representative of actual dairy feed costs.
(b) Corn Silage Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report detailing the costs incurred by dairy operations in the use of
corn silage as feed, and the difference between the feed cost of corn
silage and the feed cost of corn.
(c) Collection of Alfalfa Hay Data.--Not later than 120 days after
the date of the enactment of this Act, the Secretary of Agriculture,
acting through the National Agricultural Statistics Service, shall
revise monthly price survey reports to include prices for high-quality
alfalfa hay in the top five milk producing States, as measured by
volume of milk produced during the previous month.
(d) Registration of Multiproducer Dairy Operations.--Section 1404(b)
of the Agricultural Act of 2014 (7 U.S.C. 9054(b)) is amended--
(1) in paragraph (3), by striking ``If'' and inserting
``Subject to paragraph (5), if''; and
(2) by adding at the end the following new paragraph:
``(5) Certain multiproducer dairy operation exclusions.--
``(A) Exclusion of low-percentage owners.--To promote
administrative efficiency in the dairy risk management
program, a multiproducer dairy operation covered by
paragraph (3) may elect, at the option of the
multiproducer dairy operation, to exclude information
from the registration process regarding any individual
owner of the multiproducer dairy operation that--
``(i) holds less than a five percent
ownership interest in the multiproducer dairy
operation; or
``(ii) is entitled to less than five percent
of the income, revenue, profit, gain, loss,
expenditure, deduction, or credit of the
multiproducer dairy operation for any given
year.
``(B) Effect of exclusion on dairy risk management
payments.--To the extent that an individual owner of a
multiproducer dairy operation is excluded under
subparagraph (A) from the registration of the
multiproducer dairy operation, any dairy risk
management payment made to the multiproducer dairy
operation shall be reduced by an amount equal to the
greater of the following:
``(i) The amount determined by multiplying
the dairy risk management payment otherwise
determined under section 1406 by the total
percentage of ownership interests represented
by the excluded owners.
``(ii) The amount determined by multiplying
the dairy risk management payment otherwise
determined under section 1406 by the total
percentage of the income, revenue, profit,
gain, loss, expenditure, deduction, or credit
of the multiproducer dairy operation
represented by the excluded owners.''.
(e) Relation to Livestock Gross Margin for Dairy Program.--Section
1404(d) of the Agricultural Act of 2014 (7 U.S.C. 9054(d)) is amended--
(1) by striking ``but not both'' and inserting ``but not on
the same production'';
(2) by striking ``or the'' and inserting ``and the''; and
(3) by striking ``margin protection program'' and inserting
``dairy risk management program''.
(f) Production History of Participating Dairy Operators.--
(1) Continued use of prior dairy operation production
history.--Section 1405(a)(1) of the Agricultural Act of 2014 (7
U.S.C. 9055(a)(1)) is amended by adding at the end the
following new sentence: ``The production history of a
participating dairy operation shall continue to be based on
annual milk marketings during the 2011, 2012, or 2013 calendar
year notwithstanding the operation of the dairy risk management
program through 2023.''.
(2) Adjustment.--Section 1405(a) of the Agricultural Act of
2014 (7 U.S.C. 9055(a)) is amended--
(A) in paragraph (2), by striking ``In subsequent
years'' and inserting ``In the subsequent calendar
years ending before January 1, 2019''; and
(B) in paragraph (3), by inserting ``, as
applicable'' after ``paragraph (2)''.
(3) Limitation on changes to business structure.--Section
1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended
by adding at the end the following new subsection:
``(d) Limitation on Changes to Business Structure.--The Secretary may
not make dairy risk management payments to a participating dairy
operation if the Secretary determines that the participating dairy
operation has reorganized the structure of such operation solely for
the purpose of qualifying as a new operation under subsection (b).''.
(g) Dairy Risk Management Payments.--
(1) Election of coverage level threshold and coverage
percentage.--Section 1406 of the Agricultural Act of 2014 (7
U.S.C. 9056) is amended--
(A) in subsection (a), by striking ``annually''; and
(B) by adding at the end the following new
subsection:
``(d) Deadline for Election; Duration.--Not later than 90 days after
the date of the enactment of this subsection, each participating dairy
operation shall elect a coverage level threshold under subsection
(a)(1) and a coverage percentage under subsection (a)(2) to be used to
determine dairy risk management payments. This election shall remain in
effect for the participating dairy operation for the duration of the
dairy risk management program, as specified in section 1409.''.
(2) Additional coverage level thresholds for certain
producers.--Section 1406(a)(1) of the Agricultural Act of 2014
(7 U.S.C. 9056(a)(1)) is amended by inserting after ``or
$8.00'' the following: ``(and in the case of production subject
to premiums under section 1407(b), also $8.50 or $9.00)''.
(3) Election of production history coverage percentage.--
Section 1406(a)(2) of the Agricultural Act of 2014 (7 U.S.C.
9056(a)(2)) is amended by striking ``beginning with 25 percent
and not exceeding'' and inserting ``but not to exceed''.
(h) Premiums for Participation in Dairy Risk Management Program.--
(1) Premium per hundredweight for first 5 million pounds of
production.--Section 1407(b) of the Agricultural Act of 2014 (7
U.S.C. 9057(b)) is amended--
(A) by striking paragraph (2) and inserting the
following new paragraph:
``(2) Producer premiums.--The following annual premiums
apply:
------------------------------------------------------------------------
``Coverage Level Premium per Cwt.
------------------------------------------------------------------------
$4.00 None
$4.50 $0.002
$5.00 $0.005
$5.50 $0.008
$6.00 $0.010
$6.50 $0.017
$7.00 $0.041
$7.50 $0.057
$8.00 $0.090
$8.50 $0.120
$9.00 $0.170''; and
------------------------------------------------------------------------
''; and (B) by striking paragraph (3).
(2) Technical correction.--Section 1407(d) of the
Agricultural Act of 2014 (7 U.S.C. 9057(d)) is amended in the
subsection heading by striking ``Time for'' and inserting
``Method of''.
(i) Conforming Amendments Related to Program Name.--
(1) Heading.--The heading of part I of subtitle D of title I
of the Agricultural Act of 2014 (Public Law 113-79; 128 Stat.
688) is amended to read as follows:
``PART I--DAIRY RISK MANAGEMENT PROGRAM FOR DAIRY PRODUCERS''.
(2) Definitions.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended--
(A) by striking paragraphs (5) and (6) and inserting
the following new paragraphs:
``(5) Dairy risk management program.--The terms `dairy risk
management program' and `program' mean the dairy risk
management program required by section 1403.
``(6) Dairy risk management payment.--The term `dairy risk
management payment' means a payment made to a participating
dairy operation under the program pursuant to section 1406.'';
and
(B) in paragraphs (7) and (8), by striking ``margin
protection'' both places it appears.
(3) Calculation of actual dairy production margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended by striking ``margin protection'' and
inserting ``dairy risk management''.
(4) Program operation.--Section 1403 of the Agricultural Act
of 2014 (7 U.S.C. 9053) is amended--
(A) in the section heading, by striking
``establishment of margin protection'' and inserting
``dairy risk management'';
(B) by striking ``Not later than September 1, 2014,
the Secretary shall establish and administer a margin
protection program'' and inserting ``The Secretary
shall continue to administer a dairy risk management
program''; and
(C) by striking ``margin protection payment'' both
places it appears and inserting ``dairy risk management
payment''.
(5) Participation.--Section 1404 of the Agricultural Act of
2014 (7 U.S.C. 9054) is amended--
(A) in the section heading, by striking ``margin
protection'';
(B) in subsection (a), by striking ``margin
protection program to receive margin protection
payments'' and inserting ``dairy risk management
program to receive dairy risk management payments'';
and
(C) in subsections (b) and (c), by striking ``margin
protection'' each place it appears.
(6) Production history.--Section 1405 of the Agricultural Act
of 2014 (7 U.S.C. 9055) is amended--
(A) in subsection (a)(1)--
(i) by striking ``margin protection program''
the first place it appears and inserting
``dairy risk management program''; and
(ii) by striking ``margin protection'' the
second place it appears; and
(B) in subsection (c), by striking ``margin
protection''.
(7) Payments.--Section 1406 of the Agricultural Act of 2014
(7 U.S.C. 9056) is amended--
(A) in the section heading, by striking ``margin
protection'' and inserting ``dairy risk management'';
(B) by striking ``margin protection'' each place it
appears and inserting ``dairy risk management''; and
(C) in the heading of subsection (c), by striking
``Margin Protection''.
(8) Premiums.--Section 1407 of the Agricultural Act of 2014
(7 U.S.C. 9057) is amended--
(A) in the section heading, by striking ``margin
protection'' and inserting ``dairy risk management'';
(B) in subsection (a), by striking ``margin
protection program'' and inserting ``dairy risk
management program''; and
(C) in subsection (e), by striking ``margin
protection'' both places it appears.
(9) Penalties.--Section 1408 of the Agricultural Act of 2014
(7 U.S.C. 9058) is amended by striking ``margin protection''
both places it appears and inserting ``dairy risk management''.
(10) Administration and enforcement.--Section 1410 of the
Agricultural Act of 2014 (7 U.S.C. 9060) is amended by striking
``margin protection'' each place it appears and inserting
``dairy risk management''.
(j) Effective Date.--The amendments made by this section shall take
effect 60 days after the date of the enactment of this Act.
(k) Duration.--Section 1409 of the Agricultural Act of 2014 (7 U.S.C.
9059) is amended--
(1) by striking ``margin protection'' and inserting ``dairy
risk management''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 1402. CLASS I SKIM MILK PRICE.
(a) Class I Skim Milk Price.--Section 8c(5)(A) of the Agricultural
Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, is amended by striking
``Throughout the 2-year period'' and all that follows through ``such
handlers.'' and inserting the following new sentence: ``Throughout the
2-year period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment to the
order involved), for purposes of determining prices for milk of the
highest use classification, the Class I skim milk price per
hundredweight specified in section 1000.50(b) of title 7, Code of
Federal Regulations (or successor regulation), shall be the sum of the
adjusted Class I differential specified in section 1000.52 of such
title 7, plus the adjustment to Class I prices specified in sections
1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor
regulation), plus the simple average of the advanced pricing factors
computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7
(or successor regulation), plus $0.74.''.
(b) Effective Date and Implementation.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the first day of the first month beginning
more than 120 days after the date of the enactment of this Act.
(2) Implementation.--Implementation of the amendment made by
subsection (a) is not subject to any of the following:
(A) The notice and comment provisions of section 553
of title 5, United States Code.
(B) The notice and hearing requirements of paragraphs
(3) and (4) of section 8c of the Agricultural
Adjustment Act (7 U.S.C. 608c), reenacted with
amendments by the Agricultural Marketing Agreement Act
of 1937.
(C) The order amendment requirements of section
8c(17) of such Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of such Act (7
U.S.C. 608c(19)).
SEC. 1403. EXTENSION OF DAIRY FORWARD PRICING PROGRAM.
Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8772(e)) is amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2), by striking ``2021'' and inserting
``2026''.
SEC. 1404. EXTENSION OF DAIRY INDEMNITY PROGRAM.
Section 3 of Public Law 90-484 (7 U.S.C. 450l) is amended by striking
``2018'' and inserting ``2023''.
SEC. 1405. EXTENSION OF DAIRY PROMOTION AND RESEARCH PROGRAM.
Section 113(e)(2) of the Dairy Production Stabilization Act of 1983
(7 U.S.C. 4504(e)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 1406. REPEAL OF DAIRY PRODUCT DONATION PROGRAM.
Section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) is
repealed.
Subtitle E--Supplemental Agricultural Disaster Assistance Programs
SEC. 1501. MODIFICATION OF SUPPLEMENTAL AGRICULTURAL DISASTER
ASSISTANCE.
(a) Covered Livestock Losses for Livestock Indemnity Payments.--
Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph
(A);
(B) by striking the period at the end of subparagraph
(B) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(C) disease that, as determined by the Secretary--
``(i) is caused or transmitted by a vector;
and
``(ii) is not susceptible to control by
vaccination or acceptable management
practices.''; and
(2) in paragraph (4), by striking ``A payment'' and inserting
``Payment reductions.--A payment''.
(b) Payment Limitations and Exclusion of Gross Income Limitation.--
Section 1501(f) of the Agricultural Act of 2014 (7 U.S.C. 9081(f)) is
amended--
(1) in paragraph (2)--
(A) by striking ``this section (excluding payments
received under subsections (b) and (e))'' and inserting
``subsection (c)''; and
(B) by striking ``joint venture or general
partnership'' and inserting ``qualified pass through
entity (as such term is defined in paragraph (5) of
section 1001(a) of the Food Security Act of 1985 (7
U.S.C. 1308(a)))''; and
(2) by adding at the end the following new paragraph:
``(4) Exclusion of gross income limitation.--For purposes of
this section only, subsection (b) of section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a) shall not apply to a
person or legal entity if 75 percent or greater of the average
adjusted gross income (as such term is defined in subsection
(a) of such section) of such person or legal entity derives
from farming, ranching, or silviculture activities.''.
(c) Application of Amendments.--Section 1501 of the Agricultural Act
of 2014 (7 U.S.C. 9081), as amended by this section, shall apply with
respect to losses described in such section 1501 incurred on or after
January 1, 2017.
Subtitle F--Administration
SEC. 1601. ADMINISTRATION GENERALLY.
(a) Use of Commodity Credit Corporation.--The Secretary shall use the
funds, facilities, and authorities of the Commodity Credit Corporation
to carry out this title.
(b) Determinations by Secretary.--A determination made by the
Secretary under this title shall be final and conclusive.
(c) Regulations.--
(1) In general.--Except as otherwise provided in this
subsection, not later than 90 days after the date of enactment
of this Act, the Secretary and the Commodity Credit
Corporation, as appropriate, shall promulgate such regulations
as are necessary to implement this title and the amendments
made by this title.
(2) Procedure.--The promulgation of the regulations and
administration of this title and the amendments made by this
title shall be made without regard to--
(A) the notice and comment provisions of section 553
of title 5, United States Code; and
(B) chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'').
(3) Congressional review of agency rulemaking.--In carrying
out this subsection, the Secretary shall use the authority
provided under section 808 of title 5, United States Code.
(d) Adjustment Authority Related to Trade Agreements Compliance.--
(1) Required determination; adjustment.--If the Secretary
determines that expenditures under this title that are subject
to the total allowable domestic support levels under the
Uruguay Round Agreements (as defined in section 2 of the
Uruguay Round Agreements Act (19 U.S.C. 3501)) will exceed such
allowable levels for any applicable reporting period, the
Secretary shall, to the maximum extent practicable, make
adjustments in the amount of such expenditures during that
period to ensure that such expenditures do not exceed the
allowable levels.
(2) Congressional notification.--Before making any adjustment
under paragraph (1), the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the determination made under that
paragraph and the extent of the adjustment to be made.
SEC. 1602. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
(a) Agricultural Adjustment Act of 1938.--The following provisions of
the Agricultural Adjustment Act of 1938 shall not be applicable to the
2019 through 2023 crops of covered commodities (as defined in section
1111), cotton, and sugar and shall not be applicable to milk during the
period beginning on the date of enactment of this Act through December
31, 2023:
(1) Parts II through V of subtitle B of title III (7 U.S.C.
1326 et seq.).
(2) In the case of upland cotton, section 377 (7 U.S.C.
1377).
(3) Subtitle D of title III (7 U.S.C. 1379a et seq.).
(4) Title IV (7 U.S.C. 1401 et seq.).
(b) Agricultural Act of 1949.--
(1) Applicability.--The following provisions of the
Agricultural Act of 1949 shall not be applicable to the 2019
through 2023 crops of covered commodities (as defined in
section 1111), cotton, and sugar and shall not be applicable to
milk during the period beginning on the date of enactment of
this Act through December 31, 2023:
(A) Section 101 (7 U.S.C. 1441).
(B) Section 103(a) (7 U.S.C. 1444(a)).
(C) Section 105 (7 U.S.C. 1444b).
(D) Section 107 (7 U.S.C. 1445a).
(E) Section 110 (7 U.S.C. 1445e).
(F) Section 112 (7 U.S.C. 1445g).
(G) Section 115 (7 U.S.C. 1445k).
(H) Section 201 (7 U.S.C. 1446).
(I) Title III (7 U.S.C. 1447 et seq.).
(J) Title IV (7 U.S.C. 1421 et seq.), other than
sections 404, 412, and 416 (7 U.S.C. 1424, 1429, and
1431).
(K) Title V (7 U.S.C. 1461 et seq.).
(L) Title VI (7 U.S.C. 1471 et seq.).
(2) Clarifying amendments.--Section 201(a) of the
Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended--
(A) by inserting ``, crambe, cottonseed, sesame
seed'' after ``mustard seed'';
(B) by inserting ``dry peas, lentils, small
chickpeas, large chickpeas, graded wool, nongraded
wool, mohair, peanuts,'' after ``honey,''; and
(C) by striking ``in accordance with this title'' and
inserting ``consistent with the percentage levels of
support provided under subsection (c), except as
otherwise provided for under subsection (b)''.
(c) Suspension of Certain Quota Provisions.--The joint resolution
entitled ``A joint resolution relating to corn and wheat marketing
quotas under the Agricultural Adjustment Act of 1938, as amended'',
approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable
to the crops of wheat planted for harvest in the calendar years 2019
through 2023.
SEC. 1603. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``section 1001 of
the Food, Conservation, and Energy Act of 2008'' and
inserting ``section 1111 of the Agriculture and
Nutrition Act of 2018'';
(B) in paragraph (2), by inserting ``first cousin,
niece, nephew,'' after ``sibling,'';
(C) by redesignating paragraph (5) as (6); and
(D) by inserting after paragraph (4) the following
new paragraph:
``(5) Qualified pass through entity.--The term `qualified
pass through entity' means a partnership (within the meaning of
subchapter K of chapter 1 of the Internal Revenue Code of 1986
and including a limited liability company that does not
affirmatively elect to be treated as a corporation), an S
corporation (as defined in section 1361 of such Code), or a
joint venture.'';
(2) in subsections (b) and (c) by striking ``entity'' through
``Agricultural Act of 2014'' in each place it appears and
inserting ``entity (except a qualified pass through entity) for
any crop year under sections 1116 and 1117 of the Agriculture
and Nutrition Act of 2018'';
(3) in subsection (d) by striking ``associated'' and all that
follows through the end of the sentence and inserting
``associated with subtitle B of title I of the Agriculture and
Nutrition Act of 2018.''; and
(4) in subsection (f), by adding the end the following new
paragraph:
``(9) Administration of reduction.--The Secretary shall apply
any order described in section 1614(d)(1) of the Agricultural
Act of 2014 (7 U.S.C. 9097(d)(1)) to payments under sections
1116 and 1117 of the Agriculture and Nutrition Act of 2018
prior to applying payment limitations under this section.''.
(b) Treatment of Qualified Pass Through Entities.--Section
1001(e)(3)(B)(ii) of the Food Security Act of 1985 (7 U.S.C.
1308(e)(3)(B)(ii)) is amended--
(1) in the heading, by striking ``joint ventures and general
partnerships'' and inserting ``qualified pass through
entities'';
(2) by striking ``joint venture or a general partnership''
and inserting ``qualified pass through entity'';
(3) by striking ``joint ventures and general partnerships''
and inserting ``qualified pass through entities''; and
(4) by striking ``joint venture or general partnership'' and
inserting ``qualified pass through entity''.
(c) Conforming Amendments.--
(1) Treatment of federal agencies and state and local
governments.--Section 1001(f) of the Food Security Act of 1985
(7 U.S.C. 1308(f)) is amended--
(A) in paragraph (5)(A), by striking ``or title XII''
and inserting ``title I of the Agriculture and
Nutrition Act of 2018, or title XII''; and
(B) in paragraph (6)(A), by striking ``or title XII''
and inserting ``title I of the Agriculture and
Nutrition Act of 2018, or title XII''.
(2) Foreign persons ineligible.--Section 1001C(a) of the Food
Security Act of 1985 (7 U.S.C. 1308-3(a)) is amended by
inserting ``title I of the Agriculture and Nutrition Act of
2018,'' after ``2014,''.
(d) Application.--The amendments made by this section shall apply
beginning with the 2019 crop year.
SEC. 1604. ADJUSTED GROSS INCOME LIMITATION.
(a) Limitations.--Section 1001D(b)(2) of the Food Security Act of
1985 (7 U.S.C. 1308-3a(b)(2)) is amended--
(1) in subparagraph (A), by striking ``title I of the
Agricultural Act of 2014'' and inserting ``title I of the
Agriculture and Nutrition Act of 2018'';
(2) in subparagraph (C)--
(A) by inserting ``title II of the Agriculture and
Nutrition Act of 2018,'' after ``under''; and
(B) by striking ``Starting with fiscal year 2015, a''
and inserting ``A'';
(3) by striking subparagraphs (B) and (D); and
(4) by redesignating subparagraphs (C) and (E) as
subparagraphs (B) and (C), respectively.
(b) Exceptions.--
(1) In general.--Section 1001D(b) of the Food Security Act of
1985 (7 U.S.C. 1308-3a(b)) is amended by adding at the end the
following:
``(3) Exceptions.--
``(A) Exception for qualified pass through
entities.--Paragraph (1) shall not apply with respect
to a qualified pass through entity (as such term is
defined in section 1001(a)(5)).
``(B) Waiver.--The Secretary may waive the limitation
established by paragraph (1) with respect to a payment
pursuant to a covered benefit described in paragraph
(2)(B), on a case-by-case basis, if the Secretary
determines that environmentally sensitive land of
special significance would be protected as a result of
such waiver.''.
(2) Conforming amendments.--Section 1001D of the Food
Security Act of 1985 (7 U.S.C. 1308-3a) is amended--
(A) in subsection (b)(1), by inserting ``subject to
paragraph (3),'' after ``of law,''; and
(B) in subsection (d), by striking ``, general
partnership, or joint venture'' both places it appears.
(c) Transition.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), as in effect on the day before the date of the
enactment of this Act, shall apply with respect to the 2018 crop,
fiscal, or program year, as appropriate, for each program described in
subsection (b)(2) of that section (as so in effect on that day).
SEC. 1605. PREVENTION OF DECEASED INDIVIDUALS RECEIVING PAYMENTS UNDER
FARM COMMODITY PROGRAMS.
(a) Reconciliation.--At least twice each year, the Secretary shall
reconcile Social Security numbers of all individuals who receive
payments under this title, whether directly or indirectly, with the
Commissioner of Social Security to determine if the individuals are
alive.
(b) Preclusion.--The Secretary shall preclude the issuance of
payments to, and on behalf of, deceased individuals that were not
eligible for payments.
SEC. 1606. ASSIGNMENT OF PAYMENTS.
(a) In General.--The provisions of section 8(g) of the Soil
Conservation and Domestic Allotment Act (16 U.S.C. 590h(g)), relating
to assignment of payments, shall apply to payments made under this
title.
(b) Notice.--The producer making the assignment, or the assignee,
shall provide the Secretary with notice, in such manner as the
Secretary may require, of any assignment made under this section.
SEC. 1607. TRACKING OF BENEFITS.
As soon as practicable after the date of enactment of this Act, the
Secretary may track the benefits provided, directly or indirectly, to
individuals and entities under titles I and II and the amendments made
by those titles.
SEC. 1608. SIGNATURE AUTHORITY.
(a) In General.--In carrying out this title and title II and
amendments made by those titles, if the Secretary approves a document,
the Secretary shall not subsequently determine the document is
inadequate or invalid because of the lack of authority of any person
signing the document on behalf of the applicant or any other
individual, entity, or qualified pass through entity (as such term is
defined in paragraph (5) of section 1001(a) of the Food Security Act of
1985 (7 U.S.C. 1308(a))) or the documents relied upon were determined
inadequate or invalid, unless the person signing the program document
knowingly and willfully falsified the evidence of signature authority
or a signature.
(b) Affirmation.--
(1) In general.--Nothing in this section prohibits the
Secretary from asking a proper party to affirm any document
that otherwise would be considered approved under subsection
(a).
(2) No retroactive effect.--A denial of benefits based on a
lack of affirmation under paragraph (1) shall not be
retroactive with respect to third-party producers who were not
the subject of the erroneous representation of authority, if
the third-party producers--
(A) relied on the prior approval by the Secretary of
the documents in good faith; and
(B) substantively complied with all program
requirements.
SEC. 1609. PERSONAL LIABILITY OF PRODUCERS FOR DEFICIENCIES.
Section 164(a) of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7284(a)) is amended by striking ``this title'' and
all that follows through ``unless'' and inserting ``this title, title I
of the Farm Security and Rural Investment Act of 2002, title I of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.),
title I of the Agricultural Act of 2014, or Agriculture and Nutrition
Act of 2018''.
SEC. 1610. IMPLEMENTATION.
(a) Maintenance of Base Acres and Payment Yields.--The Secretary
shall maintain, for each covered commodity, base acres and payment
yields on a farm established under sections 1001 and 1301 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8702, 8751), as adjusted
pursuant to sections 1101, 1102, 1108, and 1302 of such Act (7 U.S.C.
8711, 8712, 8718, 8752), as in effect on September 30, 2013, and as
adjusted pursuant to sections 1112 and 1113 of the Agricultural Act of
2014 (7 U.S.C. 9012, 9013).
(b) Streamlining.--In implementing this title and amendments made by
this title, the Secretary shall--
(1) continue to reduce administrative burdens and costs to
producers by streamlining and reducing paperwork, forms, and
other administrative requirements, including through the
continuation of the Acreage Crop Reporting and Streamlining
Initiative that, in part, shall ensure that--
(A) a producer (or an agent of a producer) may report
information, electronically (including geospatial data)
or conventionally, to the Department;
(B) upon the request of the producer (or agent
thereof), the Department of Agriculture electronically
shares with the producer (or agent) in real time and
without cost to the producer (or agent) the common land
unit data, related farm level data, and other
information of the producer; and
(C) no agent, approved insurance provider, or
employee or contractor of an agency or approved
insurance provider, bears responsibility or liability
under the Acreage Crop Reporting and Streamlining
Initiative for the eligibility of a producer for
programs administered by the Department of Agriculture
that are not policies or plans of insurance offered
under the Federal Crop Insurance Act (7 U.S.C. 1501 et.
seq.) except in cases of misrepresentation, fraud, or
scheme and device;
(2) continue to improve coordination, information sharing,
and administrative work with the Farm Service Agency, Risk
Management Agency, and the Natural Resources Conservation
Service;
(3) continue to take advantage of new technologies to enhance
efficiency and effectiveness of program delivery to producers;
and
(4) reduce administrative burdens on producers by offering
such producers an option to remotely and electronically sign
annual contracts for participation in coverage under sections
1116 and 1117.
(c) Implementation.--The Secretary shall make available to the Farm
Service Agency to carry out this title and amendments made by this
title, $25,000,000.
(d) Loan Implementation.--
(1) In general.--Section 1614(d)(1) of the Agricultural Act
of 2014 (7 U.S.C. 9097(d)(1)) is amended--
(A) by inserting ``or subtitles B and C of the
Agriculture and Nutrition Act of 2018'' after ``this
title'';
(B) by striking ``made by subtitles B or C'' and
inserting ``made by such subtitles''; and
(C) by inserting ``of this title, and sections
1207(c) and 1208 of the Agriculture and Nutrition Act
of 2018'' after ``1208''.
(2) Repayment.--Section 1614(d)(2) of the Agricultural Act of
2014 (7 U.S.C. 9097(d)(2)) is amended--
(A) by striking ``of subtitles B or C'' and inserting
``of subtitle B or C of this title, or subtitle B or C
of the Agriculture and Nutrition Act of 2018''; and
(B) by striking ``under subtitles B or C'' and
inserting ``of subtitle B or C of this title, or
subtitle B or C of the Agriculture and Nutrition Act of
2018''.
SEC. 1611. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS FOR CERTAIN
PRODUCERS.
(a) Definition of Exempted Producer.--In this section, the term
``exempted producer'' means a producer or landowner eligible to
participate in any conservation or commodity program administered by
the Secretary.
(b) Exemption.--Notwithstanding any other provision of law, including
the Federal Funding Accountability and Transparency Act of 2006 (Public
Law 109-282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170
of title 2, Code of Federal Regulations (and any successor
regulations), shall not apply with respect to assistance received by an
exempted producer from the Secretary, acting through the Natural
Resources Conservation Service or the Farm Service Agency.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
SEC. 2101. PROGRAM INELIGIBILITY.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d))
is amended--
(1) by striking ``Except as provided'' and inserting the
following:
``(A) In general.--Except as provided''; and
(2) by adding at the end the following:
``(B) Duty of the secretary.--Before determining that
a person is ineligible for program benefits under this
subsection, the Secretary shall determine that no
exemption under section 1222 applies.''.
SEC. 2102. MINIMAL EFFECT REGULATIONS.
(a) Identification of Minimal Effect Exemptions.--Section 1222(d) of
the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended by
inserting ``not later than 180 days after the date of enactment of the
Agriculture and Nutrition Act of 2018,'' before ``the Secretary shall
identify''.
(b) Mitigation Banking.--Section 1222(k)(1)(B) of the Food Security
Act of 1985 (16 U.S.C. 3822(k)(1)(B)) is amended to read as follows:
``(B) Funding.--
``(i) Funds of commodity credit
corporation.--To carry out this paragraph, the
Secretary shall use $10,000,000 of the funds of
the Commodity Credit Corporation beginning in
fiscal year 2019, which funds shall remain
available until expended.
``(ii) Authorization of appropriations.--In
addition to amounts made available under clause
(i), there are authorized to be appropriated to
the Secretary to carry out this paragraph
$5,000,000 for each of fiscal years 2019
through 2023.''.
Subtitle B--Conservation Reserve Program
SEC. 2201. CONSERVATION RESERVE.
(a) In General.--Section 1231(a) of the Food Security Act of 1985 (16
U.S.C. 3831(a)) is amended by striking ``2018'' and inserting ``2023''.
(b) Enrollment.--Section 1231(d) of the Food Security Act of 1985 (16
U.S.C. 3831(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(F) fiscal year 2019, no more than 25,000,000
acres;
``(G) fiscal year 2020, no more than 26,000,000
acres;
``(H) fiscal year 2021, no more than 27,000,000
acres;
``(I) fiscal year 2022, no more than 28,000,000
acres; and
``(J) fiscal year 2023, no more than 29,000,000
acres.'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) Limitation.--For purposes of applying the
limitations in paragraph (1)--
``(i) no more than 2,000,000 acres of the
land described in subsection (b)(3) may be
enrolled in the program at any one time during
the 2014 through 2018 fiscal years;
``(ii) the Secretary shall enroll and
maintain in the conservation reserve not fewer
than 3,000,000 acres of the land described in
subsection (b)(3) by September 30, 2023; and
``(iii) in carrying out clause (ii), to the
maximum extent practicable, the Secretary shall
maintain in the conservation reserve at any one
time during--
``(I) fiscal year 2019, 1,000,000
acres;
``(II) fiscal year 2020, 1,500,000
acres;
``(III) fiscal year 2021, 2,000,000
acres;
``(IV) fiscal year 2022, 2,500,000
acres; and
``(V) fiscal year 2023, 3,000,000
acres.''; and
(B) by adding at the end the following:
``(D) Reservation of unenrolled acres.--If the
Secretary is unable in a fiscal year to enroll enough
acres of land described in subsection (b)(3) to meet
the number of acres described in clause (ii) or (iii)
of subparagraph (A) for the fiscal year, the Secretary
shall reserve the remaining number of acres for that
fiscal year for the enrollment of land described in
subsection (b)(3), and that number of acres shall not
be available for the enrollment of any other type of
eligible land.''; and
(3) by adding at the end the following:
``(3) State enrollment rates.--During each of fiscal years
2019 through 2023, to the maximum extent practicable, the
Secretary shall carry out this subchapter in such a manner as
to enroll and maintain acreage in the conservation reserve in
accordance with historical State enrollment rates,
considering--
``(A) the average number of acres of all lands
enrolled in the conservation reserve in each State
during each of fiscal years 2007 through 2016;
``(B) the average number of acres of all lands
enrolled in the conservation reserve nationally during
each of fiscal years 2007 through 2016; and
``(C) the acres available for enrollment during each
of fiscal years 2019 through 2023, excluding acres
described in paragraph (2).
``(4) Frequency.--In carrying out this subchapter, for
contracts that are not available on a continuous enrollment
basis, the Secretary shall hold a signup not less often than
once every other year.''.
(c) Duration of Contract.--Section 1231(e) of the Food Security Act
of 1985 (16 U.S.C. 3831(e)) is amended to read as follows:
``(e) Duration of Contract.--
``(1) In general.--Except as provided in paragraph (2), for
the purpose of carrying out this subchapter, the Secretary
shall enter into contracts of not less than 10, nor more than
15, years.
``(2) Certain continuous contracts.--With respect to
contracts under this subchapter for the enrollment of land
described in paragraph (4) or (5) of subsection (b), the
Secretary shall enter into contracts of a period of 15 or 30
years.''.
(d) Eligibility for Consideration.--Section 1231(h) of the Food
Security Act of 1985 (16 U.S.C. 3831(h)) is amended--
(1) by striking ``On the expiration'' and inserting the
following:
``(1) In general.--On the expiration''; and
(2) by adding at the end the following:
``(2) Reenrollment limitation for certain land.--Land subject
to a contract entered into under this subchapter shall be
eligible for only one reenrollment in the conservation reserve
under paragraph (1) if the land is devoted to hardwood
trees.''.
SEC. 2202. FARMABLE WETLAND PROGRAM.
(a) Program Required.--Section 1231B(a)(1) of the Food Security Act
of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking ``2018'' and
inserting ``2023''.
(b) Eligible Acreage.--Section 1231B(b)(2) of the Food Security Act
of 1985 (16 U.S.C. 3831b(b)(2)) is amended to read as follows:
``(2) Buffer acreage.--Subject to subsections (c) and (d), an
owner or operator may enroll in the conservation reserve,
pursuant to the program established under this section, buffer
acreage that, with respect to land described in subparagraph
(A), (B), or (C) of paragraph (1)--
``(A) is contiguous to such land;
``(B) is used to protect such land; and
``(C) is of such width as the Secretary determines is
necessary to protect such land, taking into
consideration and accommodating the farming practices
(including the straightening of boundaries to
accommodate machinery) used with respect to the
cropland that surrounds such land.''.
(c) Program Limitations.--Section 1231B(c) of the Food Security Act
of 1985 (16 U.S.C. 3831b(c)) is amended--
(1) in paragraph (1)(B), by striking ``750,000'' and
inserting ``500,000'';
(2) in paragraph (2), by striking ``Subject to paragraph (3),
any acreage'' and inserting ``Any acreage''; and
(3) by striking paragraphs (3) and (4).
(d) Duties of Owners and Operators.--Section 1231B(e) of the Food
Security Act of 1985 (16 U.S.C. 3831b(e)) is amended--
(1) in paragraph (2), by striking the semicolon and inserting
``; and'';
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
(e) Duties of the Secretary.--Section 1231B(f) of the Food Security
Act of 1985 (16 U.S.C. 3831b(f)) is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and (3)''
and inserting ``paragraph (2)'';
(2) in paragraph (2), by striking ``section
1234(d)(2)(A)(ii)'' and inserting ``section 1234(d)(2)(A)'';
and
(3) by striking paragraph (3).
SEC. 2203. DUTIES OF OWNERS AND OPERATORS.
(a) In General.--Section 1232(a) of the Food Security Act of 1985 (16
U.S.C. 3832(a)) is amended--
(1) in paragraph (5), by inserting ``, which may include the
use of grazing in accordance with paragraph (8),'' after
``management on the land''; and
(2) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively, and inserting after paragraph (9)
the following:
``(10) on land devoted to hardwood or other trees, excluding
windbreaks and shelterbelts, to carry out proper thinning and
other practices to improve the condition of resources, promote
forest management, and enhance wildlife habitat on the land;''.
(b) Conservation Plans.--Section 1232(b)(2) of the Food Security Act
of 1985 (16 U.S.C. 3832(b)(2)) is amended by striking ``, if any,''.
SEC. 2204. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a)(2) of the Food
Security Act of 1985 (16 U.S.C. 3833(a)(2)) is amended by striking
``pay an annual rental payment in an amount necessary to compensate
for'' and inserting ``pay an annual rental payment, in accordance with
section 1234(d), for''.
(b) Specified Activities Permitted.--Section 1233(b) of the Food
Security Act of 1985 (16 U.S.C. 3833(b)) is amended--
(1) in paragraph (2)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``not less than 25 percent''
and inserting ``25 percent''; and
(ii) by inserting ``(except that vegetative
cover may not be harvested for seed)'' after
``managed harvesting'';
(B) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(C) in subparagraph (B), by striking ``is at least
every 5 but not more than once every 3 years;'' and
inserting ``contributes to the health and vigor of the
established cover, and is not more than once every 3
years; and''; and
(D) by adding at the end the following:
``(C) shall ensure that 25 percent of the acres
covered by the contract are not harvested, in
accordance with an approved plan that provides for
wildlife cover and shelter;'';
(2) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by
striking ``not less than 25 percent'' and inserting
``25 percent''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
striking ``routine grazing, except that in
permitting such routine grazing'' and inserting
``grazing, except that in permitting such
grazing'';
(ii) in clause (i), by striking ``continued
routine grazing; and'' and inserting
``grazing;'';
(iii) in clause (ii)--
(I) in the matter preceding subclause
(I), by striking ``routine grazing may
be conducted, such that the frequency
is not more than once every 2 years''
and inserting ``grazing may be
conducted, such that the frequency
contributes to the health and vigor of
the established cover'';
(II) in subclause (II), by striking
``the number of years that should be
required between routine'' and
inserting ``the appropriate frequency
and duration of''; and
(III) in subclause (III), by striking
``routine'' each place it appears; and
(iv) by adding at the end the following:
``(iii) shall ensure that the grazing is
conducted in accordance with an approved plan
that does not restrict grazing during the
primary nesting season and will reduce the
stocking rate determined under clause (i) by 50
percent; and'';
(3) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively;
(4) by inserting after paragraph (3) the following:
``(4) grazing during the applicable normal grazing period
determined under subclause (I) of section 1501(c)(3)(D)(i) of
the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)(i)),
without any restriction on grazing during the primary nesting
period, subject to the condition that the grazing shall be at
50 percent of the normal carrying capacity determined under
that subclause.'';
(5) in paragraph (5), as so redesignated, by striking ``;
and'' and inserting ``and retains suitable vegetative structure
for wildlife cover and shelter;'';
(6) in paragraph (6)(C), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(7) grazing pursuant to section 1232(a)(5), without any
reduction in the rental rate, if the grazing is consistent with
the conservation of soil, water quality, and wildlife
habitat.''.
(c) Natural Disaster or Adverse Weather as Mid-contract Management.--
Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is
amended by adding at the end the following:
``(e) Natural Disaster or Adverse Weather as Mid-contract
Management.--In the case of a natural disaster or adverse weather event
that has the effect of a management practice consistent with the
conservation plan, the Secretary shall not require further management
practices pursuant to section 1232(a)(5) that are intended to achieve
the same effect.''.
SEC. 2205. PAYMENTS.
(a) Cost Sharing Payments.--Section 1234(b) of the Food Security Act
of 1985 (16 U.S.C. 3834(b)) is amended--
(1) in paragraph (1), by striking ``50 percent'' and
inserting ``not more than 40 percent'';
(2) by amending paragraph (2) to read as follows:
``(2) Limitations.--
``(A) Exception for seed costs.--In the case of seed
costs related to the establishment of cover, cost share
shall not exceed 25 percent of the total cost of the
seed mixture.
``(B) Additional incentive payments.--Except as
provided in subsection (c), the Secretary may not make
additional incentive payments beyond the actual cost of
installing measures and practices described in
paragraph (1).
``(C) Mid-contract management grazing.--The Secretary
may not make any cost sharing payment to an owner or
operator under this subchapter pursuant to section
1232(a)(5).''; and
(3) by striking paragraphs (3) and (4) and redesignating
paragraph (5) as paragraph (3).
(b) Incentive Payments.--Section 1234(c) of the Food Security Act of
1985 (16 U.S.C. 3834(c)) is amended--
(1) in the subsection heading, by striking ``Incentive'' and
inserting ``Forest Management Payment'';
(2) in paragraph (1), by striking ``The Secretary'' and
inserting ``Using funds made available under section
1241(a)(1)(A), the Secretary''; and
(3) in paragraph (2), by striking ``150 percent'' and
inserting ``100 percent''.
(c) Annual Rental Payments.--Section 1234(d) of the Food Security Act
of 1985 (16 U.S.C. 3834(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``less intensive use, the Secretary
may consider'' and inserting the following: ``less
intensive use--
``(A) the Secretary may consider'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) the Secretary shall consider the impact on the
local farmland rental market.'';
(2) in paragraph (2)--
(A) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Initial enrollment.--The amounts
payable to an owner or operator in the form of
annual rental payments under a contract entered
into under this subchapter with respect to land
that has not previously been subject to such a
contract shall be not more than 80 percent of
the applicable estimated average county rental
rate published pursuant to paragraph (4) for
the year in which the contract is entered into.
``(ii) Multiple enrollments.--If land subject
to a contract entered into under this
subchapter is reenrolled in the conservation
reserve under section 1231(h)(1)--
``(I) for the first such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 65 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs;
``(II) for the second such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 55 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs;
``(III) for the third such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 45 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs; and
``(IV) for the fourth such
reenrollment, the annual rental payment
shall be in an amount that is not more
than 35 percent of the applicable
estimated average county rental rate
published pursuant to paragraph (4) for
the year in which the reenrollment
occurs.''; and
(B) in subparagraph (B), by striking ``In the case''
and inserting ``Notwithstanding subparagraph (A), in
the case'';
(3) by striking paragraph (4) and redesignating paragraph (5)
as paragraph (4); and
(4) in paragraph (4), as so redesignated--
(A) by striking ``cash'' each place it appears;
(B) in subparagraph (A)--
(i) by striking ``, not less frequently than
once every other year,'' and inserting
``annually''; and
(ii) by inserting ``, and shall publish the
estimates derived from such survey not later
than September 15 of each year'' before the
period at the end; and
(C) in subparagraph (C)--
(i) by striking ``may'' and inserting
``shall''; and
(ii) by striking ``as a factor in
determining'' and inserting ``to determine''.
(d) Payment Limitation for Rental Payments.--Section 1234(g)(2) of
the Food Security Act of 1985 (16 U.S.C. 3834(g)(2)) is amended by
adding at the end the following:
``(C) Limitation on payments.--Payments under
subparagraph (B) shall not exceed 50 percent of the
cost of activities carried out under the applicable
agreement entered into under such subparagraph.''.
SEC. 2206. CONTRACTS.
(a) Early Termination by Owner or Operator.--Section 1235(e)(1)(A) of
the Food Security Act of 1985 (16 U.S.C. 3835(e)(1)(A)) is amended by
striking ``2015'' and inserting ``2019''.
(b) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) by amending subparagraph (A) to read as follows:
``(A) beginning on the date that is 1 year before the
date of termination of the contract, allow the covered
farmer or rancher, in conjunction with the retired or
retiring owner or operator, to make conservation and
land improvements, including preparing to plant an
agricultural crop;'';
(B) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F), respectively, and
inserting after subparagraph (A) the following:
``(B) beginning on the date that is 3 years before
the date of termination of the contract, allow the
covered farmer or rancher to begin the certification
process under the Organic Foods Production Act of 1990
(7 U.S.C. 6501 et seq.);'';
(C) in subparagraph (D), as so redesignated, by
inserting ``, and provide to such farmer or rancher
technical and financial assistance to carry out the
requirements of the plan, if any'' before the semicolon
at the end; and
(D) in subparagraph (E), as so redesignated, by
striking ``the conservation stewardship program or'';
and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``The Secretary'' and inserting ``To the
extent the maximum number of acres permitted to be
enrolled under the program has not been met, the
Secretary''; and
(B) in subparagraph (A), by striking ``eligible for
enrollment under the continuous signup option pursuant
to section 1234(d)(2)(A)(ii)'' and inserting ``is
carried out on land described in paragraph (4) or (5)
of section 1231(b)''.
(c) End of Contract Considerations.--Section 1235(g) of the Food
Security Act of 1985 (16 U.S.C. 3835(g)) is amended to read as follows:
``(g) End of Contract Considerations.--The Secretary shall not
consider an owner or operator to be in violation of a term or condition
of the conservation reserve contract if--
``(1) during the year prior to expiration of the contract,
the owner or operator--
``(A) enters into an environmental quality incentives
program contract; and
``(B) begins the establishment of an environmental
quality incentives practice; or
``(2) during the three years prior to the expiration of the
contract, the owner or operator begins the certification
process under the Organic Foods Production Act of 1990.''.
Subtitle C--Environmental Quality Incentives Program
SEC. 2301. DEFINITIONS.
(a) Practice.--Section 1240A(4)(B) of the Food Security Act of 1985
(16 U.S.C. 3839aa-1(4)(B)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon; and
(2) by redesignating clause (ii) as clause (iv) and inserting
after clause (i) the following:
``(ii) precision conservation management
planning;
``(iii) the use of cover crops and resource
conserving crop rotations; and''.
(b) Priority Resource Concern.--Section 1240A of the Food Security
Act of 1985 (16 U.S.C. 3839aa-1) is amended by redesignating paragraph
(5) as paragraph (6) and inserting after paragraph (4) the following:
``(5) Priority resource concern.--The term `priority resource
concern' means a natural resource concern or problem, as
determined by the Secretary, that--
``(A) is identified at the national, State, or local
level as a priority for a particular area of a State;
and
``(B) represents a significant concern in a State or
region.''.
(c) Stewardship Practice.--Section 1240A of the Food Security Act of
1985 (16 U.S.C. 3839aa-1) is amended by adding at the end the
following:
``(7) Stewardship practice.--The term `stewardship practice'
means a practice or set of practices approved by the Secretary
that, when implemented and maintained on eligible land, address
1 or more priority resource concerns.''.
SEC. 2302. ESTABLISHMENT AND ADMINISTRATION.
(a) Establishment.--Section 1240B(a) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(a)) is amended by striking ``2019'' and inserting
``2023''.
(b) Allocation of Funding.--Section 1240B(f) of the Food Security Act
of 1985 (16 U.S.C. 3839aa-2(f)) is amended to read as follows:
``(f) Allocation of Funding.--For each of fiscal years 2014 through
2023, at least 5 percent of the funds made available for payments under
the program shall be targeted at practices benefitting wildlife habitat
under subsection (g).''.
(c) Water Conservation or Irrigation Efficiency Practice.--Section
1240B(h) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(h)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Availability of payments.--The Secretary may provide
water conservation and system efficiency payments under this
subsection to a producer for--
``(A) a water conservation scheduling technology or
water conservation scheduling management;
``(B) irrigation-related structural practices; or
``(C) a transition to water-conserving crops or
water-conserving crop rotations.'';
(2) by redesignating paragraph (2) as paragraph (3) and
inserting after paragraph (1) the following:
``(2) Limited eligibility of irrigation districts, irrigation
associations, and acequias.--
``(A) In general.--Notwithstanding section
1001(f)(6), the Secretary may enter into a contract
under this subsection with an irrigation district,
irrigation association, or acequia to implement water
conservation or irrigation practices pursuant to a
watershed-wide project that will effectively conserve
water, as determined by the Secretary.
``(B) Implementation.--Water conservation or
irrigation practices that are the subject of a contract
entered into under this paragraph shall be implemented
on--
``(i) eligible land of a producer; or
``(ii) land that is under the control of the
irrigation district, irrigation association, or
acequia, and adjacent to such eligible land, as
determined by the Secretary.
``(C) Waiver authority.--The Secretary may waive the
applicability of the limitations in section 1001D(b)(2)
or section 1240G of this Act for a payment made under a
contract entered into under this paragraph if the
Secretary determines that such a waiver is necessary to
fulfill the objectives of the project.
``(D) Contract limitations.--If the Secretary grants
a waiver under subparagraph (C), the Secretary may
impose a separate payment limitation for the contract
with respect to which the waiver applies.''; and
(3) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by
striking ``to a producer'' and inserting ``under this
subsection'';
(B) in subparagraph (A), by striking ``the eligible
land of the producer is located, there is a reduction
in water use in the operation of the producer'' and
inserting ``the land on which the practices will be
implemented is located, there is a reduction in water
use in the operation on such land''; and
(C) in subparagraph (B), by inserting ``with respect
to an application under paragraph (1),'' before ``the
producer agrees''.
(d) Stewardship Contracts.--Section 1240B of the Food Security Act of
1985 (16 U.S.C. 3839aa-2) is amended by adding at the end the
following:
``(j) Stewardship Contracts.--
``(1) Identification of eligible priority resource concerns
for states.--
``(A) In general.--The Secretary, in consultation
with the State technical committee, shall identify
priority resource concerns within a State that are
eligible to be the subject of a stewardship contract
under this subsection.
``(B) Limitation.--The Secretary shall identify not
more than 3 eligible priority resource concerns under
subparagraph (A) within each area of a State.
``(2) Contracts.--
``(A) In general.--The Secretary shall enter into
contracts with producers under this subsection that--
``(i) provide incentives, through annual
payments, to producers to attain increased
conservation stewardship on eligible land;
``(ii) adopt and install a stewardship
practice to effectively address a priority
resource concern identified as eligible under
paragraph (1); and
``(iii) require management and maintenance of
such stewardship practice for the term of the
contract.
``(B) Term.--A contract under this subsection shall
have a term of not less than 5, nor more than 10,
years.
``(C) Prioritization.--Section 1240C(b) shall not
apply to applications for contracts under this
subsection.
``(3) Stewardship payments.--
``(A) In general.--The Secretary shall provide
payments to producers through contracts entered into
under paragraph (2) for--
``(i) adopting and installing stewardship
practices; and
``(ii) managing, maintaining, and improving
the stewardship practices for the duration of
the contract, as determined appropriate by the
Secretary.
``(B) Payment amounts.--In determining the amount of
payments under subparagraph (A), the Secretary shall
consider, to the extent practicable--
``(i) the level and extent of the stewardship
practice to be installed, adopted, completed,
maintained, managed, or improved;
``(ii) the cost of the installation,
adoption, completion, management, maintenance,
or improvement of the stewardship practice;
``(iii) income foregone by the producer; and
``(iv) the extent to which compensation would
ensure long-term continued maintenance,
management, and improvement of the stewardship
practice.
``(C) Limitation.--The total amount of payments a
person or legal entity receives pursuant to
subparagraph (A) shall not exceed $50,000 for any
fiscal year.
``(4) Reservation of funds.--The Secretary may use not more
than 50 percent of the funds made available under section 1241
to carry out this chapter for payments made pursuant to this
subsection.''.
SEC. 2303. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended by inserting ``or the period of fiscal years 2019 through
2023,'' after ``2018,''.
SEC. 2304. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
(a) Competitive Grants for Innovative Conservation Approaches.--
Section 1240H(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
8(a)) is amended--
(1) in paragraph (1), by inserting ``use not more than
$25,000,000 in each of fiscal years 2019 through 2023 to''
after ``the Secretary may''; and
(2) in paragraph (2)(A), by inserting ``or persons
participating in an educational activity through an institution
of higher education, including by carrying out demonstration
projects on lands of the institution'' before the semicolon at
the end.
(b) Air Quality Concerns From Agricultural Operations.--Section
1240H(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)(2))
is amended by inserting ``, and $37,500,000 for each of fiscal years
2019 through 2023'' after ``2018''.
(c) On-Farm Conservation Innovation Trials; Reporting and Database.--
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8) is
amended by striking subsection (c) and inserting the following:
``(c) On-Farm Conservation Innovation Trials.--
``(1) In general.--Using not more than $25,000,000 of the
funds made available to carry out this chapter in each of
fiscal years 2019 through 2023, the Secretary shall carry out
on-farm conservation innovation trials, on eligible land of
producers, to test new or innovative conservation approaches--
``(A) directly with producers; or
``(B) through eligible entities.
``(2) Incentive payments.--
``(A) Agreements.--In carrying out paragraph (1), the
Secretary shall enter into agreements with producers on
whose land an on-farm conservation innovation trial is
being carried out to provide payments (including
payments to compensate for foregone income, as
appropriate to address the increased economic risk
potentially associated with new or innovative
conservation approaches) to the producers to assist
with adopting and evaluating new or innovative
conservation approaches.
``(B) Length of incentives.--An agreement entered
into under subparagraph (A) shall be for a period
determined by the Secretary that is--
``(i) not less than 3 years; and
``(ii) if appropriate, more than 3 years,
including if such a period is appropriate to
support--
``(I) adaptive management over
multiple crop years; and
``(II) adequate data collection and
analysis to report the natural resource
and agricultural production benefits of
the new or innovative conservation
approaches.
``(3) Flexible adoption.--A producer or eligible entity
participating in an on-farm conservation innovation trial under
paragraph (1) may determine the scale of adoption of the new or
innovative conservation approaches in the on-farm conservation
innovation trial, which may include multiple scales on an
operation, including whole farm, field-level, or sub-field
scales.
``(4) Technical assistance.--The Secretary shall provide
technical assistance--
``(A) to a producer or eligible entity participating
in an on-farm conservation innovation trial under
paragraph (1), with respect to the design,
installation, and management of the new or innovative
conservation approaches; and
``(B) to an eligible entity participating in an on-
farm conservation innovation trial under paragraph (1),
with respect to data analyses of the on-farm
conservation innovation trial.
``(5) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity'
means a third-party private entity the primary business
of which is related to agriculture.
``(B) New or innovative conservation approaches.--The
term `new or innovative conservation approaches'
means--
``(i) new or innovative--
``(I) precision agriculture
technologies;
``(II) enhanced nutrient management
plans, nutrient recovery systems, and
fertilization systems;
``(III) soil health management
systems;
``(IV) water management systems;
``(V) resource-conserving crop
rotations;
``(VI) cover crops; and
``(VII) irrigation systems; and
``(ii) any other conservation approach
approved by the Secretary as new or innovative.
``(d) Reporting and Database.--
``(1) Report required.--Not later than December 31, 2014, and
every two years thereafter, the Secretary shall submit to the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Agriculture of the House of
Representatives a report on the status of activities funded
under this section, including--
``(A) funding awarded;
``(B) results of the activities; and
``(C) incorporation of findings from the activities,
such as new technology and innovative approaches, into
the conservation efforts implemented by the Secretary.
``(2) Conservation practice database.--
``(A) In general.--The Secretary shall use the data
reported under paragraph (1) to establish and maintain
a publicly available conservation practice database
that provides--
``(i) a compilation and analysis of effective
conservation practices for soil health,
nutrient management, and source water
protection in varying soil compositions,
cropping systems, slopes, and landscapes; and
``(ii) a list of recommended new and
effective conservation practices.
``(B) Privacy.--Information provided under
subparagraph (A) shall be transformed into a
statistical or aggregate form so as to not include any
identifiable or personal information of individual
producers.''.
Subtitle D--Other Conservation Programs
SEC. 2401. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C.
3839bb(e)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 2402. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) Authorization of Appropriations.--Section 1240O(b)(1) of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2(b)(1)) is amended by striking
``2018'' and inserting ``2023''.
(b) Availability of Funds.--Section 1240O(b) of the Food Security Act
of 1985 (16 U.S.C. 3839bb-2(b)) is amended by adding at the end the
following:
``(3) Additional funding.--In addition to any other funds
made available under this subsection, of the funds of the
Commodity Credit Corporation, the Secretary shall use
$5,000,000 beginning in fiscal year 2019, to remain available
until expended.''.
SEC. 2403. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C.
3839bb-5(f)(1)) is amended--
(1) by striking ``2012 and'' and inserting ``2012,''; and
(2) by inserting ``, and $50,000,000 for the period of fiscal
years 2019 through 2023'' before the period at the end.
SEC. 2404. WATERSHED PROTECTION AND FLOOD PREVENTION.
(a) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``2018'' and inserting ``2023''.
(b) Funds of Commodity Credit Corporation.--The Watershed Protection
and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended by adding
at the end the following:
``SEC. 15. FUNDING.
``In addition to any other funds made available by this Act, of the
funds of the Commodity Credit Corporation, the Secretary shall make
available to carry out this Act $100,000,000 for each of fiscal years
2019 through 2023, to remain available until expended.''.
SEC. 2405. FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM.
(a) In General.--The Secretary of Agriculture shall establish a feral
swine eradication and control pilot program to respond to the threat
feral swine pose to agriculture, native ecosystems, and human and
animal health.
(b) Duties of the Secretary.--In carrying out the pilot program, the
Secretary shall--
(1) study and assess the nature and extent of damage to the
pilot areas caused by feral swine;
(2) develop methods to eradicate or control feral swine in
the pilot areas;
(3) develop methods to restore damage caused by feral swine;
and
(4) provide financial assistance to agricultural producers in
pilot areas.
(c) Assistance.--The Secretary may provide financial assistance to
agricultural producers under the pilot program to implement methods
to--
(1) eradicate or control feral swine in the pilot areas; and
(2) restore damage caused by feral swine.
(d) Coordination.--The Secretary shall ensure that the Natural
Resources Conservation Service and the Animal and Plant Health
Inspection Service coordinate for purposes of this section through
State technical committees established under section 1261 of the Food
Security Act of 1985.
(e) Pilot Areas.--The Secretary shall carry out the pilot program in
areas of States in which feral swine have been identified as a threat
to agriculture, native ecosystems, or human or animal health, as
determined by the Secretary.
(f) Cost Sharing.--
(1) Federal share.--The Federal share of the costs activities
under the pilot program may not exceed 75 percent of the total
costs of such activities.
(2) In-kind contributions.--The non-Federal share of the
costs of activities under the pilot program may be provided in
the form of in-kind contributions of materials or services.
(g) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$100,000,000 for the period of fiscal years 2019 through 2023.
(2) Distribution of funds.--Of the funds made available under
paragraph (1)--
(A) 50 percent shall be allocated to the Natural
Resources Conservation Service to carry out the pilot
program, including the provision of financial
assistance to producers for on-farm trapping and
technology related to capturing and confining feral
swine; and
(B) 50 percent shall be allocated to the Animal and
Plant Health Inspection Service to carry out the pilot
program, including the use of established, and testing
of innovative, population reduction methods.
(3) Limitation on administrative expenses.--Not more than 10
percent of funds made available under this section may be used
for administrative expenses of the pilot program.
SEC. 2406. EMERGENCY CONSERVATION PROGRAM.
(a) Repair or Replacement of Fencing.--
(1) In general.--Section 401 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201) is amended--
(A) by striking the section designation and all that
follows through ``The Secretary of Agriculture'' and
inserting the following:
``SEC. 401. PAYMENTS TO PRODUCERS.
``(a) In General.--The Secretary of Agriculture (referred to in this
title as the `Secretary')'';
(B) in subsection (a), as so designated, by inserting
``wildfires,'' after ``hurricanes,''; and
(C) by adding at the end the following:
``(b) Repair or Replacement of Fencing.--With respect to a payment to
an agricultural producer under subsection (a) for the repair or
replacement of fencing, the Secretary shall give the agricultural
producer the option of receiving the payment, determined based on the
applicable percentage of the fair market value of the cost of the
repair or replacement, as determined by the Secretary, before the
agricultural producer carries out the repair or replacement.''.
(2) Conforming amendments.--
(A) Sections 402, 403, 404, and 405 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2202, 2203,
2204, 2205) are amended by striking ``Secretary of
Agriculture'' each place it appears and inserting
``Secretary''.
(B) Section 407(a) of the Agricultural Credit Act of
1978 (16 U.S.C. 2206(a)) is amended by striking
paragraph (4).
(b) Cost Share Payments.--Title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 et seq.) is amended by inserting after section 402
the following:
``SEC. 402A. COST SHARE REQUIREMENT.
``(a) Cost-share Rate.--The maximum cost-share payment under section
401 and section 402 shall not exceed 75 percent of the total allowable
cost, as determined by the Secretary.
``(b) Exception.--Not withstanding subsection (a), a qualified
limited resource, socially disadvantaged, or beginning farmer or
rancher payment under section 401 and 402 shall not exceed 90 percent
of the total allowable cost, as determined by the Secretary.
``(c) Limitation.--In no case shall the total payment under section
401 and 402 for a single event exceed 50 percent of what the Secretary
has determined to be the agriculture value of the land.''.
Subtitle E--Funding and Administration
SEC. 2501. COMMODITY CREDIT CORPORATION.
(a) Annual Funding.--Section 1241(a) of the Food Security Act of 1985
(16 U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``2018
(and fiscal year 2019 in the case of the program specified in
paragraph (5))'' and inserting ``2023'';
(2) in paragraph (1), by striking ``2018'' each place it
appears and inserting ``2023'';
(3) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $500,000,000 for each of fiscal years 2019
through 2023.'';
(4) by striking paragraph (3) and redesignating paragraphs
(4) and (5) as paragraphs (3) and (4), respectively;
(5) in paragraph (3) (as so redesignated), by inserting ``,
as in effect on the day before the date of enactment of the
Agriculture and Nutrition Act of 2018, using such sums as are
necessary to administer contracts entered into before the
earlier of September 30, 2018, or such date of enactment''
before the period at the end; and
(6) in paragraph (4) (as so redesignated)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking ``each of fiscal
years 2018 through 2019.'' and inserting ``fiscal year
2018;''; and
(C) by adding at the end the following:
``(F) $2,000,000,000 for fiscal year 2019;
``(G) $2,500,000,000 for fiscal year 2020;
``(H) $2,750,000,000 for fiscal year 2021;
``(I) $2,935,000,000 for fiscal year 2022; and
``(J) $3,000,000,000 for fiscal year 2023.''.
(b) Availability of Funds.--Section 1241(b) of the Food Security Act
of 1985 (16 U.S.C. 3841(b)) is amended by striking ``2018 (and fiscal
year 2019 in the case of the program specified in subsection (a)(5))''
and inserting ``2023''.
(c) Technical Assistance.--Section 1241(c) of the Food Security Act
of 1985 (16 U.S.C. 3841(c)) is amended--
(1) by amending paragraph (2) to read as follows:
``(2) Priority.--In the delivery of technical assistance
under the Soil Conservation and Domestic Allotment Act (16
U.S.C. 590a et seq.), the Secretary shall give priority to
producers who request technical assistance from the Secretary
in order to comply for the first time with the requirements of
subtitle B and subtitle C of this title as a result of the
amendments made by section 2611 of the Agricultural Act of
2014.''; and
(2) by striking paragraph (3) and redesignating paragraph (4)
as paragraph (3).
(d) Regional Equity.--
(1) In general.--Section 1241 of the Food Security Act of
1985 (16 U.S.C. 3841) is amended by striking subsection (e) and
redesignating subsections (f) through (i) as subsections (e)
through (h), respectively.
(2) Conforming amendments.--Section 1221(c) of the Food
Security Act of 1985 (16 U.S.C. 3821(c)) is amended by striking
``1241(f)'' and inserting ``1241(e)'' each place it appears.
(e) Reservation of Funds To Provide Assistance to Certain Farmers or
Ranchers for Conservation Access.--Section 1241(g) of the Food Security
Act of 1985 (as redesignated by subsection (d) of this section) is
amended--
(1) in paragraph (1), by striking ``2018 to carry out the
environmental quality incentives program and the acres made
available for each of such fiscal years to carry out the
conservation stewardship program'' and inserting ``2023 to
carry out the environmental quality incentives program''; and
(2) by striking paragraph (3) and redesignating paragraph (4)
as paragraph (3).
(f) Report on Program Enrollments and Assistance.--Section 1241(h) of
the Food Security Act of 1985 (as redesignated by subsection (d) of
this section) is amended to read as follows:
``(h) Report on Program Enrollments and Assistance.--Not later than
December 15 of each of calendar years 2018 through 2023, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate an annual report containing statistics by State
related to enrollments in conservation programs under this subtitle, as
follows:
``(1) The annual and current cumulative activity reflecting
active agreement and contract enrollment statistics.
``(2) Secretarial exceptions, waivers, and significant
payments, including--
``(A) payments made under the agricultural
conservation easement program for easements valued at
$250,000 or greater;
``(B) payments made under the regional conservation
partnership program subject to the waiver of adjusted
gross income limitations pursuant to section
1271C(c)(3);
``(C) waivers granted by the Secretary under section
1001D(b)(3) of this Act;
``(D) exceptions and activity associated with section
1240B(h)(2); and
``(E) exceptions provided by the Secretary under
section 1265B(b)(2)(C).''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
(a) Definitions.--Section 1242(a) of the Food Security Act of 1985
(16 U.S.C. 3842(a)) is amended to read as follows:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term `eligible participant'
means a producer, landowner, or entity that is participating
in, or seeking to participate in, programs in which the
producer, landowner, or entity is otherwise eligible to
participate under this title.
``(2) Third-party provider.--The term `third-party provider'
means a commercial entity (including a farmer cooperative,
agriculture retailer, or other commercial entity (as defined by
the Secretary)), a nonprofit entity, a State or local
government (including a conservation district), or a Federal
agency, that has expertise in the technical aspect of
conservation planning, including nutrient management planning,
watershed planning, or environmental engineering.''.
(b) Certification of Third-Party Providers.--Section 1242(e) of the
Food Security Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at
the end the following:
``(4) Alternative certification.--
``(A) In general.--In carrying out this subsection,
the Secretary shall approve any qualified certification
that the Secretary determines meets or exceeds the
national criteria provided under paragraph (3)(B).
``(B) Qualified certification.--In this paragraph,
the term `qualified certification' means a professional
certification that is established by the Secretary, an
agriculture retailer, a farmer cooperative, the
American Society of Agronomy, or the National Alliance
of Independent Crop Consultants, including
certification--
``(i) as a Certified Crop Advisor by the
American Society of Agronomy;
``(ii) as a Certified Professional Agronomist
by the American Society of Agronomy; and
``(iii) as a Comprehensive Nutrient
Management Plan Specialist by the Secretary.''.
SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is
amended--
(1) by striking subsection (m);
(2) by redesignating subsections (i) through (l) as
subsections (j) through (m), respectively, and inserting after
subsection (h) the following:
``(i) Source Water Protection Through Targeting of Agricultural
Practices.--
``(1) In general.--In carrying out any conservation program
administered by the Secretary, the Secretary shall encourage
practices that relate to water quality and water quantity that
protect source waters for drinking water (including protecting
against public health threats) while also benefitting
agricultural producers.
``(2) Collaboration with water systems and increased
incentives.--In encouraging practices under paragraph (1), the
Secretary shall--
``(A) work collaboratively with community water
systems and State technical committees established
under section 1261 to identify, in each State, local
priority areas for the protection of source waters for
drinking water; and
``(B) offer to producers increased incentives and
higher payment rates than are otherwise statutorily
authorized through conservation programs administered
by the Secretary for practices that result in
significant environmental benefits that the Secretary
determines--
``(i) relate to water quality or water
quantity; and
``(ii) occur primarily outside of the land on
which the practices are implemented.
``(3) Reservation of funds.--In each of fiscal years 2019
through 2023, the Secretary shall use, to carry out this
subsection, not less than 10 percent of any funds available
with respect to each conservation program administered by the
Secretary under this title except the conservation reserve
program.''; and
(3) in subsection (m), as so redesignated, by striking ``the
conservation stewardship program under subchapter B of chapter
2 of subtitle D and''.
SEC. 2504. ESTABLISHMENT OF STATE TECHNICAL COMMITTEES.
Section 1261(c) of the Food Security Act of 1985 (16 U.S.C. 3861(c))
is amended by adding at the end the following:
``(14) The State 1862 Institution (as defined in section 2(1)
of the Agricultural Research, Extension, and Education Reform
Act of 1998).''.
Subtitle F--Agricultural Conservation Easement Program
SEC. 2601. ESTABLISHMENT AND PURPOSES.
Section 1265(b) of the Food Security Act of 1985 (16 U.S.C. 3865(b))
is amended--
(1) in paragraph (3), by inserting ``that negatively affect
the agricultural uses and conservation values'' after ``that
land''; and
(2) in paragraph (4), by striking ``restoring and'' and
inserting ``restoring or''.
SEC. 2602. DEFINITIONS.
(a) Agricultural Land Easement.--Section 1265A(1)(B) of the Food
Security Act of 1985 (16 U.S.C. 3865a(1)(B)) is amended by striking
``subject to an agricultural land easement plan, as approved by the
Secretary''.
(b) Eligible Land.--Section 1265A(3) of the Food Security Act of 1985
(16 U.S.C. 3865a(3)) is amended--
(1) by amending subparagraph (A)(iii)(VI) to read as follows:
``(VI) nonindustrial private forest
land that contributes to the economic
viability of an offered parcel, or
serves as a buffer to protect such land
from development, which may include up
to 100 percent of the parcel if the
Secretary determines enrolling the land
is important to protect a forest to
provide significant conservation
benefits;''; and
(2) in subparagraph (B)(i)(II), by striking ``, as determined
by the Secretary in consultation with the Secretary of the
Interior at the local level''.
(c) Monitoring Report.--Section 1265A of the Food Security Act of
1985 (16 U.S.C. 3865a) is amended by redesignating paragraphs (4) and
(5) as paragraphs (5) and (6), respectively, and inserting after
paragraph (3) the following:
``(4) Monitoring report.--The term `monitoring report' means
a report, the contents of which are formulated and prepared by
the holder of an agricultural land easement, that documents
whether the land subject to the agricultural land easement is
in compliance with the terms and conditions of the agricultural
land easement.''.
SEC. 2603. AGRICULTURAL LAND EASEMENTS.
(a) Availability of Assistance.--Section 1265B(a)(2) of the Food
Security Act of 1985 (16 U.S.C. 3865b(a)(2)) is amended by striking
``provide for the conservation of natural resources pursuant to an
agricultural land easement plan'' and inserting ``implement the
program''.
(b) Cost-Share Assistance.--
(1) Scope of assistance available.--Section 1265B(b)(2) of
the Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is
amended by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Non-federal share.--An eligible entity may use
for any part of its share--
``(i) a cash contribution;
``(ii) a charitable donation or qualified
conservation contribution (as defined by
section 170(h) of the Internal Revenue Code of
1986) from the landowner from which the
agricultural land easement will be purchased;
or
``(iii) funding from a Federal source other
than the Department of Agriculture.
``(C) Grasslands exception.--In the case of grassland
of special environmental significance, as determined by
the Secretary, the Secretary may provide an amount not
to exceed 75 percent of the fair market value of the
agricultural land easement.''.
(2) Evaluation and ranking of applications.--Section
1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended by redesignating subparagraph (C) as
subparagraph (D) and inserting after subparagraph (B) the
following:
``(C) Accounting for geographic differences.--The
Secretary shall, in coordination with State technical
committees, adjust the criteria established under
subparagraph (A) to account for geographic differences
among States, if such adjustments--
``(i) meet the purposes of the program; and
``(ii) continue to maximize the benefit of
the Federal investment under the program.''.
(3) Agreements with eligible entities.--Section 1265B(b)(4)
of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is
amended--
(A) in subparagraph (C)--
(i) in clause (i), by inserting ``and the
agricultural use of the land that is subject to
the agricultural land easement'' after ``the
program''; and
(ii) by striking clauses (iii) and (iv) and
inserting the following:
``(iii) include a right of enforcement for
the Secretary that--
``(I) may be used only if the terms
and conditions of the easement are not
enforced by the eligible entity; and
``(II) does not extend to a right of
inspection unless the holder of the
easement fails to provide monitoring
reports in a timely manner;
``(iv) include a conservation plan only for
any portion of the land subject to the
agricultural land easement that is highly
erodible cropland; and'';
(B) in subparagraph (E)(ii), by inserting ``in the
case of fraud or gross negligence,'' before ``the
Secretary may require''; and
(C) by adding at the end the following:
``(F) Mineral development.--Upon request by an
eligible entity, the Secretary shall allow, under an
agreement under this subsection, mineral development on
land subject to the agricultural land easement, if the
Secretary determines that the mineral development--
``(i) has limited and localized effects;
``(ii) is not irremediably destructive of
significant conservation interests; and
``(iii) would not alter or affect the
topography or landscape.
``(G) Environmental services markets.--The Secretary
may not prohibit, through an agreement under this
subsection, an owner of land subject to the
agricultural land easement from participating in, and
receiving compensation from, an environmental services
market if a purpose of the market is the facilitation
of additional conservation benefits that are consistent
with the purposes of the program.''.
(4) Certification of eligible entities.--Section 1265B(b)(5)
of the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is
amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``; and'' and
inserting a semicolon;
(ii) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) allow a certified eligible entity to
use its own terms and conditions,
notwithstanding paragraph (4)(C), as long as
the terms and conditions are consistent with
the purposes of the program.''; and
(B) by amending subparagraph (B) to read as follows:
``(B) Certification criteria.--In order to be
certified, an eligible entity shall demonstrate to the
Secretary that the entity--
``(i) is a land trust that has--
``(I) been accredited by the Land
Trust Accreditation Commission, or by
an equivalent accrediting body (as
determined by the Secretary); and
``(II) acquired not fewer than five
agricultural land easements under the
program; or
``(ii) will maintain, at a minimum, for the
duration of the agreement--
``(I) a plan for administering
easements that is consistent with the
purpose of the program;
``(II) the capacity and resources to
monitor and enforce agricultural land
easements; and
``(III) policies and procedures to
ensure--
``(aa) the long-term
integrity of agricultural land
easements on land subject to
such easements;
``(bb) timely completion of
acquisitions of such easements;
and
``(cc) timely and complete
evaluation and reporting to the
Secretary on the use of funds
provided under the program.''.
(c) Technical Assistance.--Section 1265B(d) of the Food Security Act
of 1985 (16 U.S.C. 3865b(d)) is amended to read as follows:
``(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in compliance with the terms and
conditions of easements.''.
SEC. 2604. WETLAND RESERVE EASEMENTS.
Section 1265C(b)(5)(D)(i)(III) of the Food Security Act of 1985 (16
U.S.C. 3865c(b)(5)(D)(i)(III)) is amended by inserting after ``under
subsection (f)'' the following: ``or a grazing management plan that is
consistent with the wetland reserve easement plan and has been
reviewed, and modified as necessary, at least every five years''.
SEC. 2605. ADMINISTRATION.
(a) Ineligible Land.--Section 1265D(a)(4) of the Food Security Act of
1985 (16 U.S.C. 3865d(a)(4)) is amended--
(1) by striking ``or off-site''; and
(2) by striking ``proposed or'' and inserting ``permitted
or''.
(b) Subordination, Exchange, Modification, and Termination.--
(1) Subordination and exchange.--Section 1265D(c)(1) of the
Food Security Act of 1985 (16 U.S.C. 3865d(c)(1)) is amended--
(A) in the paragraph heading, by striking ``In
general'' and inserting ``Subordination and exchange'';
(B) by striking ``subordinate, exchange, modify, or
terminate'' each place it appears and inserting
``subordinate or exchange''; and
(C) by striking ``subordination, exchange,
modification, or termination'' each place it appears
and inserting ``subordination or exchange''.
(2) Modification; termination.--Section 1265D(c) of the Food
Security Act of 1985 (16 U.S.C. 3865d(c)) is amended--
(A) by redesignating paragraphs (2) and (3) as
paragraphs (4) and (5), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Modification.--
``(A) Authority.--The Secretary may modify any
interest in land, or portion of such interest,
administered by the Secretary, either directly or on
behalf of the Commodity Credit Corporation under the
program if the modification--
``(i) has a neutral effect on, or increases,
the conservation values;
``(ii) is consistent with the original intent
of the easement; and
``(iii) is consistent with the purposes of
the program.
``(B) Limitation.--In modifying an interest in land,
or portion of such interest, under this paragraph, the
Secretary may not increase any payment to an eligible
entity.
``(3) Termination.--The Secretary may terminate any interest
in land, or portion of such interest, administered by the
Secretary, either directly or on behalf of the Commodity Credit
Corporation under the program if--
``(A) the current owner of the land that is subject
to the easement and the holder of the easement agree to
the termination; and
``(B) the Secretary determines that the termination
would be in the public interest.''; and
(C) in paragraph (5) (as so redesignated), by
striking ``paragraph (1)'' and inserting ``paragraph
(3)''.
(c) Landowner Eligibility.--Section 1265D of the Food Security Act of
1985 (16 U.S.C. 3865d) is amended by adding at the end the following:
``(f) Landowner Eligibility.--The limitation described in paragraph
(1) of section 1001D(b) shall not apply to a landowner from which an
easement under the program is to be purchased with respect to any
benefit described in paragraph (2)(B) of such section related to the
purchase of such easement.''.
Subtitle G--Regional Conservation Partnership Program
SEC. 2701. DEFINITIONS.
(a) Covered Program.--Section 1271A(1) of the Food Security Act of
1985 (16 U.S.C. 3871a(1)) is amended--
(1) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C); and
(2) by adding at the end the following:
``(D) The conservation reserve program established
under subchapter B of chapter 1 of subtitle D.
``(E) Programs provided for in the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et
seq.), other than section 14 of such Act (16 U.S.C.
1012).''.
(b) Eligible Activity.--Section 1271A(2) of the Food Security Act of
1985 (16 U.S.C. 3871a(2)) is amended--
(1) in subparagraph (B), by inserting ``resource-conserving
crop rotations,'' before ``or dryland farming''; and
(2) by redesignating subparagraphs (C) through (J) as
subparagraphs (D) through (K), respectively, and inserting
after subparagraph (B) the following:
``(C) Protection of source waters for drinking
water.''.
SEC. 2702. REGIONAL CONSERVATION PARTNERSHIPS.
(a) Length.--Section 1271B(b) of the Food Security Act of 1985 (16
U.S.C. 3871b(b)) is amended to read as follows:
``(b) Length.--A partnership agreement, including a renewal of a
partnership agreement under subsection (d)(5), shall be--
``(1) for a period not to exceed 5 years, which period the
Secretary may extend one time for up to 12 months; or
``(2) for a period that is longer than 5 years, if such
longer period is necessary to meet the objectives of the
program, as determined by the Secretary.''.
(b) Duties of Partners.--Section 1271B(c)(1)(E) of the Food Security
Act of 1985 (16 U.S.C. 3871b(c)(1)(E)) is amended by inserting ``,
including quantification of the project's environmental outcomes''
before the semicolon.
(c) Applications.--Section 1271B(d) of the Food Security Act of 1985
(16 U.S.C. 3871b(d)) is amended--
(1) in paragraph (1), by inserting ``simplified'' before
``competitive process to select''; and
(2) by adding at the end the following:
``(5) Renewals.--If a project that is the subject of a
partnership agreement has met or exceeded the objectives of the
project, as determined by the Secretary, the eligible partners
may submit, through an expedited program application process,
an application to--
``(A) continue to implement the project under a
renewal of the partnership agreement; or
``(B) expand the scope of the project under a renewal
of the partnership agreement.''.
SEC. 2703. ASSISTANCE TO PRODUCERS.
Section 1271C(c) of the Food Security Act of 1985 (16 U.S.C.
3871c(c)) is amended--
(1) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``a period of 5 years'' and inserting ``the
applicable period under section 1271B(b)''; and
(2) in paragraph (3), by striking ``the Secretary may waive
the applicability of the limitation in section 1001D(b)(2) of
this Act for participating producers'' and inserting
``notwithstanding the requirements of paragraph (3) of section
1001D(b), the Secretary may waive the applicability of the
limitation in paragraph (2) of such section, and any limitation
on the maximum amount of payments related to the covered
programs, for participating producers''.
SEC. 2704. FUNDING.
Section 1271D(a) of the Food Security Act of 1985 (16 U.S.C.
3871d(a)) is amended to read as follows:
``(a) Availability of Funds.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use, to carry out the program--
``(1) $100,000,000 for each of fiscal years 2014 through
2018; and
``(2) $250,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 2705. ADMINISTRATION.
Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is
amended--
(1) by redesignating subsection (b) as subsection (c) and
inserting after subsection (a) the following:
``(b) Guidance.--The Secretary shall provide eligible partners and
producers participating in the partnership agreements with guidance on
how to quantify and report on environmental outcomes associated with
the adoption of conservation practices under the program.''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (3), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (4)(C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) the progress that eligible partners and producers
participating in the partnership agreements are making in
quantifying and reporting on environmental outcomes associated
with the adoption of conservation practices under the
program.''.
SEC. 2706. CRITICAL CONSERVATION AREAS.
Section 1271F(c) of the Food Security Act of 1985 (16 U.S.C.
3871f(c)) is amended by striking paragraph (3).
Subtitle H--Repeals and Transitional Provisions; Technical Amendments
SEC. 2801. REPEAL OF CONSERVATION SECURITY AND CONSERVATION STEWARDSHIP
PROGRAMS.
(a) Repeal.--Except as provided in subsection (b), chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) is repealed.
(b) Transitional Provisions for Conservation Stewardship Program.--
(1) Effect on existing contracts.--The amendment made by this
section shall not affect the validity or terms of any contract
entered into by the Secretary of Agriculture under subchapter B
of chapter 2 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3838d et seq.) before the date of
enactment of this Act, or any payments required to be made in
connection with the contract.
(2) No renewals.--Notwithstanding paragraph (1), the
Secretary may not renew a contract described in such paragraph.
SEC. 2802. REPEAL OF TERMINAL LAKES ASSISTANCE.
Section 2507 of the Farm Security and Rural Investment Act of 2002
(16 U.S.C. 3839bb-6) is repealed.
SEC. 2803. TECHNICAL AMENDMENTS.
(a) Delineation of Wetlands; Exemptions.--Section 1222(j) of the Food
Security Act of 1985 (16 U.S.C. 3822(j)) is amended by striking
``National Resources Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(b) Delivery of Technical Assistance.--Section 1242 of the Food
Security Act of 1985 (16 U.S.C. 3842) is amended by striking ``third
party'' each place it appears and inserting ``third-party''.
(c) Administrative Requirements for Conservation Programs.--Section
1244(b)(4)(B) of the Food Security Act of 1985 (16 U.S.C.
3844(b)(4)(B)) is amended by striking ``General Accounting Office'' and
inserting ``General Accountability Office''.
(d) Watershed Protection and Flood Prevention Act.--Section 5(4) of
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005(4))
is amended--
(1) by striking ``goodwater'' and inserting ``floodwater'';
and
(2) by striking ``Secretary of Health, Education, and
Welfare'' each place it appears and inserting ``Secretary of
Health and Human Services''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3001. FINDINGS.
(a) Findings.--Congress finds the following:
(1) The United States has long been the world's largest donor
of international food assistance.
(2) American farmers have been instrumental in the success of
United States international food assistance programs by
providing an affordable, safe, and reliable source of
nutritious agricultural commodities.
(3) Through the efforts of the United States maritime
industry and private voluntary organizations, agricultural
commodities grown in the United States have been delivered to
millions of people in need around the globe.
(4) The United States should continue to use its abundant
agricultural productivity to promote the foreign policy of the
United States by enhancing the food security of the developing
world through the timely provision of agricultural commodities.
SEC. 3002. LABELING REQUIREMENTS.
Subsection (g) of section 202 of the Food for Peace Act (7 U.S.C.
1722) is amended to read as follows:
``(g) Labeling of Assistance.--Agricultural commodities and other
assistance provided under this title shall, to the extent practicable,
be clearly identified with appropriate markings on the package or
container of such commodities and food procured outside of the United
States, or on printed material that accompanies other assistance, in
the language of the locality in which such commodities and other
assistance are distributed, as being furnished by the people of the
United States of America.''.
SEC. 3003. FOOD AID QUALITY ASSURANCE.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3004. LOCAL SALE AND BARTER OF COMMODITIES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``to generate proceeds to
be used as provided in this section'' before the period at the
end;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
SEC. 3005. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended in paragraphs (1) and (2) by striking ``2018'' both places it
appears and inserting ``2023''.
SEC. 3006. EXTENSION OF TERMINATION DATE OF FOOD AID CONSULTATIVE
GROUP.
Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3007. ISSUANCE OF REGULATIONS.
Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1)) is
amended by striking ``the Agricultural Act of 2014''and inserting ``the
Agriculture and Nutrition Act of 2018''.
SEC. 3008. FUNDING FOR PROGRAM OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``$17,000,000'' and inserting ``1.5
percent''; and
(B) by striking ``2014 through 2018'' the first place
it appears and inserting ``2019 through 2023''; and
(C) by striking ``2018'' the second place it appears
and inserting ``2023''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``2018'' and inserting
``2023''; and
(B) in clause (ii), by striking ``chapter 1 of part I
of''.
SEC. 3009. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE
PREPACKAGED FOODS.
Section 208 the Food for Peace Act (7 U.S.C. 1726b) is amended--
(1) by amending the section heading to read as follows:
``international food relief partnership''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3010. CONSIDERATION OF IMPACT OF PROVISION OF AGRICULTURAL
COMMODITIES AND OTHER ASSISTANCE ON LOCAL FARMERS
AND ECONOMY.
(a) Inclusion of All Modalities.--Section 403(a) of the Food for
Peace Act (7 U.S.C. 1733(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
food procured outside of the United States, food voucher, or
cash transfer for food,'' after ``agricultural commodity'';
(2) in paragraph (1), by inserting ``in the case of the
provision of an agricultural commodity,'' before ``adequate'';
and
(3) in paragraph (2), by striking ``commodity'' and inserting
``agricultural commodity or use of the food procured outside of
the United States, food vouchers, or cash transfers for food''.
(b) Avoidance of Disruptive Impact.--Section 403(b) of the Food for
Peace Act (7 U.S.C. 1733(b)) is amended--
(1) in the first sentence, by inserting ``, food procured
outside of the United States, food vouchers, and cash transfers
for food'' after ``agricultural commodities''; and
(2) in the second sentence, by striking ``of sales of
agricultural commodities''.
SEC. 3011. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C.
1736a(c)(4)(A)) is amended by striking ``2018'' each place it appears
and inserting ``2023''.
SEC. 3012. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND ACTIVITIES.
(a) In General.--Section 407(f) of the Food for Peace Act (7 U.S.C.
1736a(f)(1)) is amended to read as follows:
``(f) Annual Report Regarding Food Aid Programs and Activities.--
``(1) In general.--Not later than April 1 of each fiscal
year, the Administrator and the Secretary shall prepare, either
jointly or separately, a report regarding each program and
activity carried out under this Act during the prior fiscal
year. If the report for a fiscal year will not be submitted to
the appropriate committees of Congress by the date specified in
this subparagraph, the Administrator and the Secretary shall
promptly notify such committees about the delay, including the
reasons for the delay, the steps being taken to complete the
report, and an estimated submission date.
``(2) Contents.--An annual report described in paragraph (1)
shall include, with respect to the prior fiscal year, the
following:
``(A) A list that contains a description of each
country and organization that receives food and other
assistance under this Act (including the quantity of
food and assistance provided to each country and
organization).
``(B) A general description of each project and
activity implemented under this Act (including each
activity funded through the use of local currencies)
and the total number of beneficiaries of the project.
``(C) A statement describing the quantity of
agricultural commodities made available to, and the
total number of beneficiaries in, each country pursuant
to--
``(i) this Act;
``(ii) section 416(b) of the Agricultural Act
of 1949 (7 U.S.C. 1431(b));
``(iii) the Food for Progress Act of 1985 (7
U.S.C. 1736o); and
``(iv) the McGovern-Dole International Food
for Education and Child Nutrition Program
established by section 3107 of the Farm
Security and Rural Investment Act of 2002 (7
U.S.C. 1736o-1).
``(D) An assessment of the progress made through
programs under this Act towards reducing food
insecurity in the populations receiving food assistance
from the United States.
``(E) A description of efforts undertaken by the Food
Aid Consultative Group under section 205 to achieve an
integrated and effective food assistance program.
``(F) An assessment of--
``(i) each program oversight, monitoring, and
evaluation system implemented under section
207(f); and
``(ii) the impact of each program oversight,
monitoring, and evaluation system on the
effectiveness and efficiency of assistance
provided under this title.
``(G) An assessment of the progress made by the
Administrator in addressing issues relating to quality
with respect to the provision of food assistance.
``(H) A statement of the amount of funds (including
funds for administrative costs, indirect cost recovery,
internal transportation, storage and handling, and
associated distribution costs) provided to each
eligible organization that received assistance under
this Act, that further describes the following:
``(i) How such funds were used by the
eligible organization.
``(ii) The actual rate of return for each
commodity made available under this Act,
including factors that influenced the rate of
return, and, for the commodity, the costs of
bagging or further processing, ocean
transportation, inland transportation in the
recipient country, storage costs, and any other
information that the Administrator and the
Secretary determine to be necessary.
``(iii) For each instance in which a
commodity was made available under this Act at
a rate of return less than 70 percent, the
reasons for the rate of return realized.
``(I) For funds expended for the purposes of section
202(e), 406(b)(6), and 407(c)(1)(B), a detailed
accounting of the expenditures and purposes of such
expenditures with respect to each section.
``(3) Rate of return described.--For purposes of applying
subparagraph (H), the rate of return for a commodity shall be
equal to the proportion that--
``(A) the proceeds the implementing partners generate
through monetization; bears to
``(B) the cost to the Federal Government to procure
and ship the commodity to a recipient country for
monetization.''.
(b) Conforming Repeal.--Subsection (m) of section 403 of the Food for
Peace Act (7 U.S.C. 1733) is repealed.
SEC. 3013. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO PROVIDE OTHER
ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 3014. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
Subsection (e) of section 412 of the Food for Peace Act (7 U.S.C.
1736f) is amended to read as follows:
``(e) Minimum Level of Nonemergency Food Assistance.--
``(1) In general.--For each of fiscal years 2019 through
2023, not less than $365,000,000 of the amounts made available
to carry out emergency and nonemergency food assistance
programs under title II, nor more than 30 percent of such
amounts, shall be expended for nonemergency food assistance
programs under such title.
``(2) Community development funds.--Funds appropriated each
year to carry out part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2151 et seq.) that are made available through grants
or cooperative agreements to strengthen food security in
developing countries and that are consistent with section
202(e)(1)(C) may be deemed to be expended on nonemergency food
assistance programs for purposes of this section.''.
SEC. 3015. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION PROGRAMS.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g-2(c)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3016. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER PROGRAM.
(a) Clarification of Nature of Assistance.--Section 501(b)(1) of the
Food for Peace Act (7 U.S.C. 1737(b)(1)) is amended by inserting
``technical'' before ``assistance''.
(b) Eligible Participants.--Section 501(b)(2) of the Food for Peace
Act (7 U.S.C. 1737(b)(2)) is amended by inserting ``retired extension
staff of the Department of Agriculture,'' after ``private
corporations,''.
(c) Additional Purpose.--Section 501(b) of the Food for Peace Act (7
U.S.C. 1737(b)) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) foster appropriate investments in institutional
capacity-building and allow longer-term and sequenced
assignments and partnerships to provide deeper engagement and
greater continuity on such projects; and''.
(d) Minimum Funding.--Subsection (d) of section 501 of the Food for
Peace Act (7 U.S.C. 1737) is amended to read as follows:
``(d) Minimum Funding.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to any funds that may be specifically
appropriated to carry out this section, not less than the
greater of $15,000,000 or 0.6 percent of the amounts made
available for each of fiscal years 2014 through 2023, to carry
out this Act shall be used to carry out programs under this
section, of which--
``(A) not less than 0.2 percent to be used for
programs in developing countries; and
``(B) not less than 0.1 percent to be used for
programs in sub-Saharan African and Caribbean Basin
countries.
``(2) Treatment of expenditures.--Funds used to carry out
programs under this section shall be counted towards the
minimum level of nonemergency food assistance specified in
section 412(e).''.
(e) Authorization of Appropriations.--Section 501(e)(1) of the Food
for Peace Act (7 U.S.C. 1737(e)(1)) is amended in by striking ``2018''
and inserting ``2023''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3101. FINDINGS.
Congress finds the following:
(1) United States export development programs significantly
increase demand for United States agriculture products within
foreign markets, boosting agricultural export volume and
overall farm income, and generating a net return of $28 in
added export revenue for each invested program dollar.
(2) Our global competitors provide substantially more public
support for export promotion than is provided to United States
agricultural exporters. The Market Access Program and Foreign
Market Development Program receive combined annual funding of
approximately $234,500,000. In comparison, the European Union
allocates $255,000,000 annually for the international promotion
of wine alone.
(3) The preservation and streamlining of United States export
market development programs complements the recent
reorganization within the Department of Agriculture by ensuring
the newly established Under Secretary for Trade and Foreign
Agricultural Affairs has the tools necessary to enhance the
competitiveness of the United States agricultural industry on
the global stage.
SEC. 3102. CONSOLIDATION OF CURRENT PROGRAMS AS NEW INTERNATIONAL
MARKET DEVELOPMENT PROGRAM.
(a) International Market Development Program.--Section 205 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5625) is amended to read as
follows:
``SEC. 205. INTERNATIONAL MARKET DEVELOPMENT PROGRAM.
``(a) Program Required.--The Secretary and the Commodity Credit
Corporation shall establish and carry out a program, to be known as the
`International Market Development Program', to encourage the
development, maintenance, and expansion of commercial export markets
for United States agricultural commodities.
``(b) Market Access Program Component.--
``(1) In general.--As one of the components of the
International Market Development Program, the Commodity Credit
Corporation shall carry out a program to encourage the
development, maintenance, and expansion of commercial export
markets for United States agricultural commodities through
cost-share assistance to eligible trade organizations that
implement a foreign market development program.
``(2) Types of assistance.--Assistance under this subsection
may be provided in the form of funds of, or commodities owned
by, the Commodity Credit Corporation, as determined appropriate
by the Secretary.
``(3) Participation requirements.--
``(A) Marketing plan and other requirements.--To be
eligible for cost-share assistance under this
subsection, an eligible trade organization shall--
``(i) prepare and submit a marketing plan to
the Secretary that meets the guidelines
governing such a marketing plan specified in
this paragraph or otherwise established by the
Secretary;
``(ii) meet any other requirements
established by the Secretary; and
``(iii) enter into an agreement with the
Secretary.
``(B) Purpose of marketing plan.--A marketing plan
submitted under this paragraph shall describe the
advertising or other market oriented export promotion
activities to be carried out by the eligible trade
organization with respect to which assistance under
this subsection is being requested.
``(C) Specific elements.--To be approved by the
Secretary, a marketing plan submitted under this
paragraph shall--
``(i) specifically describe the manner in
which assistance received by the eligible trade
organization, in conjunction with funds and
services provided by the eligible trade
organization, will be expended in implementing
the marketing plan;
``(ii) establish specific market goals to be
achieved under the marketing plan; and
``(iii) contain whatever additional
requirements are determined by the Secretary to
be necessary.
``(D) Branded promotion.--A marketing plan approved
by the Secretary may provide for the use of branded
advertising to promote the sale of United States
agricultural commodities in a foreign country under
such terms and conditions as may be established by the
Secretary.
``(E) Amendments.--An approved marketing plan may be
amended by the eligible trade organization at any time,
subject to the approval by the Secretary of the
amendments.
``(4) Level of assistance and cost-share requirements.--
``(A) In general.--The Secretary shall justify in
writing the level of assistance to be provided to an
eligible trade organization under this subsection and
the level of cost sharing required of the organization.
``(B) Limitation on branded promotion.--Assistance
provided under this subsection for activities described
in paragraph (3)(D) shall not exceed 50 percent of the
cost of implementing the marketing plan, except that
the Secretary may determine not to apply such
limitation in the case of United States agricultural
commodities with respect to which there has been a
favorable decision by the United States Trade
Representative under section 301 of the Trade Act of
1974 (19 U.S.C. 2411). Criteria used by the Secretary
for determining that the limitation shall not apply
shall be consistent and documented.
``(5) Other terms and conditions.--
``(A) Multi-year basis.--The Secretary may provide
assistance under this subsection on a multi-year basis,
subject to annual review by the Secretary for
compliance with the approved marketing plan.
``(B) Termination of assistance.--The Secretary may
terminate any assistance made, or to be made, available
under this subsection if the Secretary determines
that--
``(i) the eligible trade organization is not
adhering to the terms and conditions applicable
to the provision of the assistance;
``(ii) the eligible trade organization is not
implementing the approved marketing plan or is
not adequately meeting the established goals of
the plan;
``(iii) the eligible trade organization is
not adequately contributing its own resources
to the implementation of the plan; or
``(iv) the Secretary determines that
termination of assistance in a particular
instance is in the best interests of the
program.
``(C) Evaluations.--Beginning not later than 15
months after the initial provision of assistance under
this subsection to an eligible trade organization, the
Secretary shall monitor the expenditures by the
eligible trade organization of such assistance,
including the following:
``(i) An evaluation of the effectiveness of
the marketing plan of the eligible trade
organization in developing or maintaining
markets for United States agricultural
commodities.
``(ii) An evaluation of whether assistance
provided under this subsection is necessary to
maintain such markets.
``(iii) A thorough accounting of the
expenditure by the eligible trade organization
of the assistance provided under this
subsection.
``(6) Restrictions on use of funds.--Assistance provided
under this subsection to an eligible trade organization shall
not be used--
``(A) to provide direct assistance to any foreign
for-profit corporation for the corporation's use in
promoting foreign-produced products; or
``(B) to provide direct assistance to any for-profit
corporation that is not recognized as a small business
concern, excluding a cooperative, an association
described in the first section of the Act entitled `An
Act To authorize association of producers of
agricultural products', approved February 18, 1922 (7
U.S.C. 291), or a nonprofit trade association.
``(7) Permissive use of funds.--Assistance provided under
this subsection to a United States agricultural trade
association, cooperative, or small business may be used for
individual branded promotional activity related to a United
States branded product, if the beneficiaries of the activity
have provided funds for the activity in an amount that is at
least equivalent to the amount of assistance provided under
this subsection.
``(8) Program considerations and priorities.--In providing
assistance under this subsection, the Secretary, to the maximum
extent practicable, shall--
``(A) give equal consideration to--
``(i) proposals submitted by organizations
that were participating organizations in prior
fiscal years; and
``(ii) proposals submitted by eligible trade
organizations that have not previously
participated in the program established under
this title;
``(B) give equal consideration to--
``(i) proposals submitted for activities in
emerging markets; and
``(ii) proposals submitted for activities in
markets other than emerging markets.
``(9) Priority.--In providing assistance for branded
promotion, the Secretary should give priority to small-sized
entities.
``(10) Contribution level.--
``(A) In general.--The Secretary should require a
minimum contribution level of 10 percent from an
eligible trade organization that receives assistance
for nonbranded promotion.
``(B) Increases in contribution level.--The Secretary
may increase the contribution level in any subsequent
year that an eligible trade organization receives
assistance for nonbranded promotion.
``(11) Additionality.--The Secretary should require each
participant in the program to certify that any Federal funds
received supplement, but do not supplant, private or third
party participant funds or other contributions to program
activities.
``(12) Independent audits.--If as a result of an evaluation
or audit of activities of a participant under the program, the
Secretary determines that a further review is justified in
order to ensure compliance with the requirements of the
program, the Secretary should require the participant to
contract for an independent audit of the program activities,
including activities of any subcontractor.
``(13) Tobacco.--No funds made available under the market
promotion program may be used for activities to develop,
maintain, or expand foreign markets for tobacco.
``(c) Foreign Market Development Cooperator Component.--
``(1) In general.--As one of the components of the
International Market Development Program, the Secretary shall
carry out a foreign market development cooperator program to
maintain and develop foreign markets for United States
agricultural commodities.
``(2) Cooperation.--The Secretary shall carry out the foreign
market development cooperator program in cooperation with
eligible trade organizations.
``(3) Administration.--Funds made available to carry out the
foreign market development cooperator program shall be used
only to provide--
``(A) cost-share assistance to an eligible trade
organization under a contract or agreement with the
organization; and
``(B) assistance for other costs that are necessary
or appropriate to carry out the foreign market
development cooperator program, including contingent
liabilities that are not otherwise funded.
``(4) Program considerations.--In providing assistance under
this subsection, the Secretary, to the maximum extent
practicable, shall--
``(A) give equal consideration to--
``(i) proposals submitted by eligible trade
organizations that were participating
organizations in the foreign market development
cooperator program in prior fiscal years; and
``(ii) proposals submitted by eligible trade
organizations that have not previously
participated in the foreign market development
cooperator program; and
``(B) give equal consideration to--
``(i) proposals submitted for activities in
emerging markets; and
``(ii) proposals submitted for activities in
markets other than emerging markets.
``(d) Technical Assistance for Specialty Crops Component.--
``(1) In general.--As one of the components of the
International Market Development Program, the Secretary shall
carry out an export assistance program to address existing or
potential barriers that prohibit or threaten the export of
United States specialty crops.
``(2) Purpose.--The export assistance program required by
this subsection shall provide direct assistance through public
and private sector projects and technical assistance to remove,
resolve, or mitigate existing or potential sanitary and
phytosanitary and technical barriers to trade.
``(3) Priority.--The export assistance program required by
this subsection shall address time sensitive and strategic
market access projects based on--
``(A) trade effect on market retention, market
access, and market expansion; and
``(B) trade impact.
``(4) Annual report.--The Secretary shall submit to the
appropriate committees of Congress an annual report that
contains, for the period covered by the report, a description
of each factor that affects the export of specialty crops,
including each factor relating to any significant sanitary or
phytosanitary issue or trade barrier.
``(e) E. (Kika) De La Garza Emerging Markets Program Component.--
``(1) In general.--
``(A) Establishment of program.--The Secretary, in
order to develop, maintain, or expand export markets
for United States agricultural commodities, is
directed--
``(i) to make available to emerging markets
the expertise of the United States to make
assessments of the food and rural business
systems needs of such emerging markets;
``(ii) to make recommendations on measures
necessary to enhance the effectiveness of the
systems, including potential reductions in
trade barriers; and
``(iii) to identify and carry out specific
opportunities and projects to enhance the
effectiveness of those systems.
``(B) Extent of program.--The Secretary shall
implement this paragraph with respect to at least 3
emerging markets in each fiscal year.
``(2) Implementation of program.--The Secretary may implement
the requirements of paragraph (1)--
``(A) by providing assistance to teams consisting
primarily of agricultural consultants, farmers, other
persons from the private sector and government
officials expert in assessing the food and rural
business systems of other countries to enable such
teams to conduct the assessments, make the
recommendations, and identify the opportunities and
projects specified in such paragraph in emerging
markets; and
``(B) by providing for necessary subsistence and
transportation expenses of--
``(i) United States food and rural business
system experts, including United States
agricultural producers and other United States
individuals knowledgeable in agricultural and
agribusiness matters, to enable such United
States food and rural business system experts
to assist in transferring knowledge and
expertise to entities in emerging markets; and
``(ii) individuals designated by emerging
markets to enable such designated individuals
to consult with such United States experts to
enhance food and rural business systems of such
emerging markets and to transfer knowledge and
expertise to such emerging markets.
``(3) Cost-sharing.--The Secretary shall encourage the
nongovernmental experts described in paragraph (2) to share the
costs of, and otherwise assist in, the participation of such
experts in the program under this paragraph.
``(4) Technical assistance.--The Secretary is authorized to
provide, or pay the necessary costs for, technical assistance
(including the establishment of extension services) necessary
to enhance the effectiveness of food and rural business systems
needs of emerging markets, including potential reductions in
trade barriers.
``(5) Reports to secretary.--A team that receives assistance
under paragraph (2) shall prepare such reports with respect to
the use of such assistance as the Secretary may require.
``(f) Definitions.--In this section:
``(1) Eligible trade organization.--
``(A) Market access program component.--In subsection
(b), the term `eligible trade organization' means--
``(i) a United States agricultural trade
organization or regional State-related
organization that promotes the export and sale
of United States agricultural commodities and
that does not stand to profit directly from
specific sales of United States agricultural
commodities;
``(ii) a cooperative organization or State
agency that promotes the sale of United States
agricultural commodities; or
``(iii) a private organization that promotes
the export and sale of United States
agricultural commodities if the Secretary
determines that such organization would
significantly contribute to United States
export market development.
``(B) Foreign market development cooperator
component.--In subsection (c), the term `eligible trade
organization'' means a United States trade organization
that--
``(i) promotes the export of one or more
United States agricultural commodities; and
``(ii) does not have a business interest in
or receive remuneration from specific sales of
United States agricultural commodities.
``(2) Emerging market.--The term `emerging market' means any
country that the Secretary determines--
``(A) is taking steps toward a market-oriented
economy through the food, agriculture, or rural
business sectors of the economy of the country; and
``(B) has the potential to provide a viable and
significant market for United States agricultural
commodities.
``(3) Small-business concern.--The term `small-business
concern' has the meaning given that term in section 3(a) of the
Small Business Act (15 U.S.C. 632(a)).
``(4) United states agricultural commodity.--The term `United
States agricultural commodity' has the meaning given the term
in section 102 of the Agriculture Trade Act of 1978 (7 U.S.C.
5602) and includes commodities that are organically produced
(as defined in section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502)).''.
(b) Funding Provision.--Subsection (c) of section 211 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended to read as
follows:
``(c) International Market Development Program.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available for the
International Market Development Program under section 205
$255,000,000 for each of the fiscal years 2019 through 2023.
Such amounts shall remain available until expended.
``(2) Set-asides.--
``(A) Market access program component.--Of the funds
made available under paragraph (1) for a fiscal year,
not less than $200,000,000 shall be used for the market
access program component of the International Market
Development Program under subsection (b) of section
205.
``(B) Foreign market development cooperator
component.--Of the funds made available under paragraph
(1) for a fiscal year, not less than $34,500,000 shall
be used for the foreign market development cooperator
component of the International Market Development
Program under subsection (c) of section 205.
``(C) Technical assistance for specialty crops
component.--Of the funds made available under paragraph
(1) for a fiscal year, not more than $9,000,000, shall
be used for the specialty crops component of the
International Market Development Program under
subsection (d) of section 205.
``(D) Agricultural exports to emerging markets
component.--Of the funds made available under paragraph
(1) for a fiscal year, not more than $10,000,000 shall
be used to promote agricultural exports to emerging
markets under the International Market Development
Program under subsection (e) of section 205.''.
(c) Repeal of Superseded Programs.--
(1) Market access program.--Section 203 of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623) is repealed.
(2) Promotional assistance.--Section 1302 of the Omnibus
Budget Reconciliation Act of 1993 is repealed.
(3) Foreign market development cooperator program.--Title VII
of the Agricultural Trade Act of 1978 (7 U.S.C. 5721-5723) is
repealed.
(4) Export assistance program for specialty crops.--Section
3205 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 5680) is repealed.
(5) Emerging markets program.--Section 1542 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622
note; Public Law 101-624) is amended by striking subsection (d)
and by redesignating subsection (e) and (f) as subsections (d)
and (e), respectively.
(d) Conforming Amendments.--
(1) Agricultural trade act of 1978.--The Agricultural Trade
Act of 1978 is amended--
(A) in section 202 (7 U.S.C. 5622), by adding at the
end the following new subsection:
``(k) Combination of Programs.--The Commodity Credit Corporation may
carry out a program under which commercial export credit guarantees
available under this section are combined with direct credits from the
Commodity Credit Corporation under section 201 to reduce the effective
rate of interest on export sales of United States agricultural
commodities.''; and
(B) in section 402(a)(1) (7 U.S.C. 5662(a)(1)), by
striking ``203'' and inserting ``205(b)''.
(2) Agricultural marketing act of 1946.--Section 282(f)(2)(C)
of the Agricultural Marketing Act of 1946 (7 U.S.C.
1638a(f)(2)(C)) is amended by striking ``section 203 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623)'' and inserting
``section 205 of the Agricultural Trade Act of 1978''.
(3) Food, agriculture, conservation, and trade act of 1990.--
Section 1543(b)(5) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking
``1542(f)'' and inserting ``1542(e)''.
Subtitle C--Other Agricultural Trade Laws
SEC. 3201. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 1726c(e)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 3202. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is amended by striking
``2018'' and inserting ``2023''.
SEC. 3203. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2018'' each
place it appears and inserting ``2023''; and
(2) in subsection (h), by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3204. FOOD FOR PROGRESS ACT OF 1985.
(a) Extension.--Section 1110 of the Food Security Act of 1985 (also
known as the Food for Progress Act of 1985; 7 U.S.C. 1736o) is
amended--
(1) in subsection (f)(3), by striking ``2018'' and inserting
``2023'';
(2) in subsection (g), by striking ``2018'' and inserting
``2023'';
(3) in subsection (k), by striking ``2018'' and inserting
``2023''; and
(4) in subsection (l)(1), by striking ``2018'' and inserting
``2023''.
(b) Eligible Entities.--Section 1110(b)(5) of the Food Security Act
of 1985 (also known as the Food for Progress Act of 1985; 7 U.S.C.
1736o(b)(5)) is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following new
subparagraph:
``(F) a college or university (as such terms are
defined in section 1404(4) of the Food and Agriculture
Act of 1977 (7 U.S.C. 3103(4)); and''.
(c) Private Voluntary Organizations and Other Private Entities.--
Section 1110(o) of the Food Security Act of 1985 is amended in
paragraph (1) by striking ``(F)'' and inserting ``(G)''.
SEC. 3205. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
(a) Consideration of Proposals.--Section 3107(f)(1)(B) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(f)(1)(B))
is amended by inserting before the semicolon the following: ``and, to
the extent practicable, that assistance will be provided on a timely
basis so as to coincide with the beginning of and when needed during
the relevant school year''.
(b) Authorization of Appropriations.--Section 3107(l)(2) of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-1(l)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3206. COCHRAN FELLOWSHIP PROGRAM.
(a) Authorized Locations for Training.--Section 1543(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(a)) is
amended by striking ``for study in the United States.'' and inserting
the following: ``for study--
``(1) in the United States; or
``(2) at a college or university located in an eligible
country that the Secretary determines--
``(A) has sufficient scientific and technical
facilities;
``(B) has established a partnership with at least one
college or university in the United States; and
``(C) has substantial participation by faculty
members of the United States college or university in
the design of the fellowship curriculum and classroom
instruction under the fellowship.''.
(b) Fellowship Purposes.--Section 1543(c)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(c)(2))
is amended by inserting before the period at the end the following: ``,
including trade linkages involving regulatory systems governing
sanitary and phyto-sanitary standards for agricultural products''.
SEC. 3207. BORLAUG FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended to read as
follows:
``SEC. 1473G. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
FELLOWSHIP PROGRAM.
``(a) Fellowship Program.--
``(1) Establishment.--The Secretary shall establish a
fellowship program, to be known as the `Borlaug International
Agricultural Science and Technology Fellowship Program'.
``(2) Fellowships to individuals from eligible countries.--As
part of the fellowship program, the Secretary shall provide
fellowships to individuals from eligible countries as described
in subsection (b) who specialize in agricultural education,
research, and extension for scientific training and study
designed to assist individual fellowship recipients, including
the following 3 programs:
``(A) A graduate studies program in agriculture to
assist individuals who participate in graduate
agricultural degree training at a United States
institution.
``(B) An individual career improvement program to
assist agricultural scientists from developing
countries in upgrading skills and understanding in
agricultural science and technology.
``(C) A Borlaug agricultural policy executive
leadership course to assist senior agricultural policy
makers from eligible countries, with an initial focus
on individuals from sub-Saharan Africa and the
independent states of the former Soviet Union.
``(3) Fellowships to united states citizens.--As part of the
fellowship program, the Secretary shall provide fellowships to
citizens of the United States to assist eligible countries in
developing school-based agricultural education and youth
extension programs.
``(b) Eligible Country Described.--For purposes of this section, an
eligible country is a developing country, as determined by the
Secretary using a gross national income per capita test selected by the
Secretary.
``(c) Purpose of Fellowships.--
``(1) Fellowships to individuals from eligible countries.--A
fellowship provided under subsection (a)(2) shall--
``(A) promote food security and economic growth in
eligible countries by--
``(i) educating a new generation of
agricultural scientists;
``(ii) increasing scientific knowledge and
collaborative research to improve agricultural
productivity; and
``(iii) extending that knowledge to users and
intermediaries in the marketplace; and
``(B) support--
``(i) training and collaborative research
opportunities through exchanges for entry level
international agricultural research scientists,
faculty, and policymakers from eligible
countries;
``(ii) collaborative research to improve
agricultural productivity;
``(iii) the transfer of new science and
agricultural technologies to strengthen
agricultural practice; and
``(iv) the reduction of barriers to
technology adoption.
``(2) Fellowships to united states citizens.--A fellowship
provided under subsection (a)(3) shall--
``(A) develop globally minded United States
agriculturists with experience living abroad;
``(B) focus on meeting the food and fiber needs of
the domestic population of eligible countries; and
``(C) strengthen and enhance trade linkages between
eligible countries and the United States agricultural
industry.
``(d) Fellowship Recipients.--
``(1) Fellowships to individuals from eligible countries.--
``(A) Eligible candidates.--The Secretary may provide
fellowships under subsection (a)(2) to individuals from
eligible countries who specialize or have experience in
agricultural education, research, extension, or related
fields, including--
``(i) individuals from the public and private
sectors; and
``(ii) private agricultural producers.
``(B) Candidate identification.--For fellowships
under subsection (a)(2), the Secretary shall use the
expertise of United States land-grant colleges and
universities and similar universities, international
organizations working in agricultural research and
outreach, and national agricultural research
organizations to help identify program candidates for
fellowships from the public and private sectors of
eligible countries.
``(C) Location of training.--The scientific training
or study of fellowship recipients under subsection
(a)(2) shall occur--
``(i) in the United States; or
``(ii) at a college or university located in
an eligible country that the Secretary
determines--
``(I) has sufficient scientific and
technical facilities;
``(II) has established a partnership
with at least one college or university
in the United States; and
``(III) has substantial participation
by faculty members of the United States
college or university in the design of
the fellowship curriculum and classroom
instruction under the fellowship.
``(2) Fellowships to united states citizens.--
``(A) Eligible candidates.--The Secretary may provide
fellowships under subsection (a)(3) to citizens of the
United States who--
``(i) hold at least a bachelors degree in an
agricultural related field of study; and
``(ii) have an understanding of United States
school-based agricultural education and youth
extension programs, as determined by the
Secretary.
``(B) Candidate identification.--For fellowships
under subsection (a)(3), the Secretary shall consult
with the National FFA Organization, the National 4-H
Council, and other entities as the Secretary deems
appropriate to identify candidates for fellowships.
``(e) Program Implementation.--The Secretary shall provide for the
management, coordination, evaluation, and monitoring of the Borlaug
International Agricultural Science and Technology Fellowship Program
and for the individual programs described in subsection (a), except
that--
``(1) the Secretary may contract out to 1 or more
collaborating universities the management of 1 or more of the
fellowship programs under subsection (a)(2); and
``(2) the Secretary may contract out the management of the
fellowship program under subsection (a)(3) to an outside
organization with experience in implementing fellowship
programs focused on building capacity for school-based
agricultural education and youth extension programs in
developing countries.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$6,000,000 to carry out this section.
``(2) Set-asides.--Of any funds made available pursuant to
paragraph (1), not less than $2,800,000 shall be used to carry
out the fellowship program for individuals from eligible
countries under subsection (a)(2).
``(3) Duration.--Any funds made available pursuant to
paragraph (1) shall remain available until expended.''.
SEC. 3208. GLOBAL CROP DIVERSITY TRUST.
(a) United States Contribution Limit.--Section 3202(b) of the Food,
Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law
110-246(b)) is amended by striking ``25 percent'' and inserting ``33
percent''.
(b) Authorization of Appropriations.--Section 3202(c) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 22 U.S.C.
2220a note) is amended by striking ``for the period of fiscal years
2014 through 2018'' and inserting ``for the period of fiscal years 2019
through 2023''.
SEC. 3209. GROWING AMERICAN FOOD EXPORTS ACT OF 2018.
Section 1543A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5679) is amended to read as follows:
``SEC. 1543A. BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.
``(a) Establishment.--There is established in the Department of
Agriculture a program to be known as the `Biotechnology and
Agricultural Trade Program'.
``(b) Purpose.--The purpose of the program established under this
section shall be to remove, resolve, or mitigate significant regulatory
nontariff barriers to the export of United States agricultural
commodities into foreign markets through policy advocacy and targeted
projects that address--
``(1) issues relating to United States agricultural
commodities produced with the use of biotechnology or new
agricultural production technologies;
``(2) advocacy for science-based regulation in foreign
markets of biotechnology or new agricultural production
technologies; or
``(3) quick-response intervention regarding non-tariff
barriers to United States exports produced through
biotechnology or new agricultural production technologies.
``(c) Eligible Programs.--Depending on need, as determined by the
Secretary, activities authorized under this section may be carried out
through--
``(1) this section;
``(2) the emerging markets program under section 1542; or
``(3) the Cochran Fellowship Program under section 1543.''.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. DUPLICATIVE ENROLLMENT DATABASE.
(a) Expansion of the Duplicative Enrollment Database.--The Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at
the end the following:
``SEC. 30. DUPLICATIVE ENROLLMENT DATABASE.
``(a) In General.--The Secretary shall establish an interstate
database, or system of databases, of supplemental nutrition assistance
program information to be known as the Duplicative Enrollment Database
that shall include the data submitted by each State pursuant to section
11(e)(26) and that shall meet security standards as determined by the
Secretary.
``(b) Purpose.--Any database, or system of databases, established
pursuant to subsection (a) shall be used by States when making
eligibility determinations to prevent supplemental nutrition assistance
program participants from receiving duplicative benefits in multiple
States.
``(c) Implementation.--
``(1) Issuance of interim final regulations.--Not later than
18 months after the effective date of this section, the
Secretary shall issue interim final regulations to carry out
this section that--
``(A) incorporate best practices and lessons learned
from the regional pilot project referenced in section
4032(c) of the Agricultural Act of 2014 (7 U.S.C.
2036c(c));
``(B) protect the privacy of supplemental nutrition
assistance program participants and applicants
consistent with section 11(e)(8); and
``(C) detail the process States will be required to
follow for--
``(i) conducting initial and ongoing matches
of participant and applicant data;
``(ii) identifying and acting on all apparent
instances of duplicative participation by
participants or applicants in multiple States;
``(iii) disenrolling an individual who has
applied to participate in another State in a
manner sufficient to allow the State in which
the individual is currently applying to comply
with sections 11(e)(3) and (9); and
``(iv) complying with such other rules and
standards the Secretary determines appropriate
to carry out this section.
``(2) Timing.--The initial match and corresponding actions
required by paragraph (1)(C) shall occur within 3 years after
the date of the enactment of the Agriculture and Nutrition Act
of 2018.
``(d) Reports.--Using the data submitted to the Duplicative
Enrollment Database, the Secretary shall publish an annual report
analyzing supplemental nutrition assistance program participant
characteristics, including participant tenure on the program. The
report shall be made available to the public in a manner that prevents
identification of participants that receive supplemental nutrition
assistance program benefits.''.
(b) State Data Collection and Submission Requirements.--Section 11(e)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended--
(1) in paragraph (24) by striking ``and'' at the end,
(2) in paragraph (25) by striking the period at the end and
inserting ``; and'', and
(3) by adding at the end the following:
``(26) that the State agency shall collect and submit
supplemental nutrition assistance program data to the
Duplicative Enrollment Database established in section 30, in
accordance with guidance or rules issued by the Secretary
establishing a uniform method and format for the collection and
submission of data, including for each member of a
participating household--
``(A) the social security number or the social
security number substitute;
``(B) the employment status of such member;
``(C) the amount of income and whether that income is
earned or unearned;
``(D) that member's portion of the household monthly
allotment, and
``(E) the portion of the aggregate value of household
assets attributed to that member.''.
SEC. 4002. RETAILER-FUNDED INCENTIVES PILOT.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as
amended by section 4001, is amended by adding at the end the following:
``SEC. 31. RETAILER-FUNDED INCENTIVES PILOT.
``(a) In General.--The Secretary shall establish a pilot project in
accordance with subsection (d) through which participating retail food
stores provide bonuses to participating households based on household
purchases of fruits, vegetables, and fluid milk.
``(b) Definitions.--For purposes of this section--
``(1) The term `bonus' means a financial incentive provided
at the point of sale to a participating household that expends
a portion of its allotment for the purchase of fruits,
vegetables, or fluid milk.
``(2) The term `fluid milk' means cow milk without flavoring
or sweeteners and packaged in liquid form.
``(3) The term `fruits' means minimally processed fruits.
``(4) The term `retail food store' means a retail food store
as defined in section 3(o)(1) that is authorized to accept and
redeem benefits under the supplemental nutrition assistance
program.
``(5) The term `vegetables' means minimally processed
vegetables.
``(c) Project Participant Plans.--To participate in the pilot project
established under subsection (a), a retail food store shall submit to
the Secretary for approval a plan that includes--
``(1) a method of quantifying the cost of fruits, vegetables,
and fluid milk, that will earn households a bonus;
``(2) a method of providing bonuses to participating
households and adequately testing such method;
``(3) a method of ensuring bonuses earned by households may
be used only to purchase food eligible for purchase under the
supplemental nutrition assistance program;
``(4) a method of educating participating households about
the availability and use of a bonus;
``(5) a method of providing data and reports, as requested by
the Secretary, for purposes of analyzing the impact of the
pilot project established under subsection (a) on household
access, ease of bonus use, and program integrity; and
``(6) such other criteria, including security criteria, as
established by the Secretary.
``(d) Pilot Project Requirements.--Retail food stores with plans
approved under subsection (c) to participate in the pilot project
established under subsection (a) shall--
``(1) provide a bonus in a dollar amount not to exceed 10
percent of the price of the purchased fruits, vegetables, and
fluid milk;
``(2) fund the dollar amount of bonuses used by households,
and pay for administrative costs, such as fees and system
costs, associated with providing such bonuses;
``(3) ensure that bonuses earned by households may be used
only to purchase food eligible for purchase under the
supplemental nutrition assistance program; and
``(4) provide data and reports as requested by the Secretary
for purposes of analyzing the impact of the pilot project
established under subsection (a) on household access, ease of
bonus use, and program integrity.
``(e) Limitation.--A retail food store participating in a project
under section 4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517) shall not be eligible to participate in the pilot project
established under subsection (a).
``(f) Implementation.--Not later than 18 months after the date of the
enactment of Agriculture and Nutrition Act of 2018, the Secretary shall
solicit and approve plans submitted under subsection (c) that satisfy
the requirements of such subsection.
``(g) Reimbursements.--
``(1) Rate of reimbursement.--Subject to paragraphs (2) and
(3), the Secretary shall reimburse retail food stores with
plans approved under subsection (f) in an amount not to exceed
25 percent of the dollar value of bonuses earned by households
and used to purchase food eligible for purchase under the
supplemental nutrition assistance program.
``(2) Aggregate amount of reimbursements.--The aggregate
amount of reimbursements paid in a fiscal year to all retail
food stores that participate in the pilot project established
under subsection (a) in such fiscal year shall not exceed
$120,000,000.
``(3) Requirements.--
``(A) Timeline.--Not later than 1 year after the date
of the enactment of the Agriculture and Nutrition Act
of 2018, the Secretary shall establish requirements to
implement this section, including criteria for
prioritizing reimbursements to such stores within the
limit established in paragraph (2) and subject to
subparagraph (B).
``(B) Distribution of reimbursements.--
``(i) Monthly payments.--Reimbursements
payable under this subsection shall be paid on
a monthly basis.
``(ii) Prorated payments.--If funds made
available under subsection (h) are insufficient
to pay in full reimbursements payable for a
month because of the operation of paragraph
(2), such reimbursements shall be paid on a pro
rata basis to the extent funds remain available
for payment.
``(h) Funding.--From funds made available under section 18(a)(1) for
a fiscal year, the Secretary shall allocate not to exceed $120,000,000
for reimbursements payable under this section for such fiscal year.''.
SEC. 4003. GUS SCHUMACHER FOOD INSECURITY NUTRITION INCENTIVE PROGRAM.
(a) Amendments.--Section 4405 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 7517) is amended--
(1) by striking the heading and inserting ``gus schumacher
food insecurity nutrition incentive program'',
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A)(ii)--
(I) in subclause (II) by inserting
``financial'' after ``providing'',
(II) by amending subclause (III) to
read as follows:
``(III) has adequate plans to collect
data for reporting and agrees to
participate in a program evaluation;
and''.
(III) in subclause (IV) by striking
``; and'' at the end and inserting a
period, and
(IV) by striking subclause (V), and
(ii) by amending subparagraph (B) to read as
follows:
``(B) Priorities.--In awarding grants under this
section--
``(i) the Secretary shall give priority to
projects that--
``(I) maximize the share of funds
used for direct incentives to
participants;
``(II) include coordination with
multiple stakeholders, such as farm
organizations, nutrition education
programs, cooperative extension service
programs, public health departments,
health providers, private and public
health insurance agencies, cooperative
grocers, grocery associations, and
community-based and non-governmental
organizations;
``(III) have the capacity to generate
sufficient data and analysis to
demonstrate effectiveness of program
incentives; and
``(ii) the Secretary may also give priority
to projects that--
``(I) are located in underserved
communities;
``(II) use direct-to-consumer sales
marketing;
``(III) demonstrate a track record of
designing and implementing successful
nutrition incentive programs that
connect low-income consumers and
agricultural producers;
``(IV) provide locally or regionally
produced fruits and vegetables;
``(V) offer supplemental services in
high-need communities, including online
ordering, transportation between home
and store, and delivery services;
``(VI) provide year-round access to
program incentives; and
``(VII) address other criteria as
established by the Secretary.'',
(B) by amending paragraph (4) to read as follows:
``(4) Training, evaluation, and information center.--
``(A) In general.--The Secretary, in consultation
with the Director of the National Institute of Food and
Agriculture, shall establish a Food Insecurity
Nutrition Incentive Program Training, Evaluation, and
Information Center capable of providing services
related to grants under subsection (b), including--
``(i) offering incentive program training and
technical assistance to applicants and grantees
to the extent practicable;
``(ii) collecting, evaluating, and sharing
information on best practices on common
incentive activities;
``(iii) assisting with collaboration among
grantee projects, State agencies, and nutrition
education programs;
``(iv) facilitating communication between
grantees and the Department of Agriculture; and
``(v) compiling program data from grantees
and generating an annual report to Congress on
grant outcomes.
``(B) Cooperative agreement.--To carry out
subparagraph (A), the Secretary may enter into a
cooperative agreement with an organization with
expertise in the supplemental nutrition assistance
program incentive programs, including--
``(i) nongovernmental organizations;
``(ii) State cooperative extension services;
``(iii) regional food system centers;
``(iv) Federal and State agencies;
``(v) public, private, and land-grant
colleges and universities; and
``(vi) other appropriate entities as
determined by the Secretary.
``(C) Funding limitation.--Of the funds made
available under subsection (c), the Secretary may use
to carry out this paragraph not more than--
``(i) $2,000,000 for each of the fiscal years
2019 and 2020, and
``(ii) $1,000,000 for each fiscal year
thereafter.'', and
(3) in subsection (c)--
(A) in paragraph (1) by striking ``2014 through
2018'' and inserting ``2019 through 2023'', and
(B) in paragraph (2)--
(i) in subparagraph (B) by striking ``and''
at the end;
(ii) in subparagraph (C) by striking the
period at the end and inserting ``;'', and
(iii) by adding at the end the following:
``(D) $45,000,000 for fiscal year 2019;
``(E) $50,000,000 for fiscal year 2020;
``(F) $55,000,000 for fiscal year 2021;
``(G) $60,000,000 for fiscal year 2022; and
``(H) $65,000,000 for fiscal year 2023 and each
fiscal year thereafter.''.
(b) Conforming Amendment.--The table of contents of Food,
Conservation, and Energy Act of 2008 is amended by striking the item
relating to section 4405 by inserting the following:
``Sec. 4405. Gus Schumacher food insecurity nutrition incentive
program.''.
SEC. 4004. RE-EVALUATION OF THRIFTY FOOD PLAN.
Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(u))
is amended by inserting after the 1st sentence the following:
``By 2022 and at 5-year intervals thereafter, the Secretary shall re-
evaluate and publish the market baskets of the thrifty food plan based
on current food prices, food composition data, and consumption
patterns.''.
SEC. 4005. FOOD DISTRIBUTION PROGRAMS ON INDIAN RESERVATIONS.
Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b))
is amended--
(1) in paragraph (6)--
(A) in the heading by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(B) in subparagraph (A) by striking ``locally-grown''
and inserting ``locally- and regionally-grown'',
(C) in subparagraph (C)--
(i) by striking ``locally grown'' and
inserting ``locally- and regionally-grown'',
and
(ii) by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(D) by amending subparagraph (D) to read as follows:
``(D) Purchase of foods.--In carrying out this
paragraph, the Secretary shall purchase or offer to
purchase those traditional foods that may be procured
cost-effectively.'';
(E) by striking subparagraph (E), and
(F) in subparagraph (F)--
(i) by striking ``(F)'' and inserting
``(E)'', and
(ii) by striking ``2018'' and inserting
``2023'', and
(2) by adding at the end the following:
``(7) Funds availability.--Funds made available for a fiscal
year to carry out this subsection shall remain available for
obligation for a period of 2 fiscal years.''.
SEC. 4006. UPDATE TO CATEGORICAL ELIGIBILITY.
Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is
amended--
(1) in the 2d sentence of subsection (a)--
(A) by striking ``receives benefits'' and inserting
``(1) receives cash assistance or ongoing and
substantial services'',
(B) by striking ``supplemental security'' and
inserting ``with an income eligibility limit of not
more than 130 percent of the poverty line as defined in
section 5(c)(1), (2) is elderly or disabled and
receives cash assistance or ongoing and substantial
services under a State program funded under part A of
title IV of the Social Security Act (42 U.S.C. 601 et
seq.) with an income eligibility limit of not more than
200 percent of the poverty line as defined in section
5(c)(1), (3) receives supplemental security'', and
(C) by striking ``or aid'' and inserting ``or (4)
receives aid'', and
(2) in subsection (j)--
(A) by striking ``or who receives benefits'' and
inserting ``cash assistance or ongoing and substantial
services'' and
(B) by striking ``to have'' and inserting ``with an
income eligibility limit of not more than 130 percent
of the poverty line as defined in section 5(c)(1), or
who is elderly or disabled and receives cash assistance
or ongoing and substantial services under a State
program funded under part A of title IV of the Act (42
U.S.C. 601 et seq.) with an income eligibility limit of
not more than 200 percent of the poverty line as
defined in section 5(c)(1), to have''.
SEC. 4007. BASIC ALLOWANCE FOR HOUSING.
(a) Exclusion of Basic Allowance for Housing.--Section 5(d) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) is amended--
(1) in paragraph (18) by striking ``and'' at the end,
(2) in paragraph (19)(B) by striking the period and inserting
``; and'', and
(3) by adding at the end the following:
``(20) the value of an allowance received under section 403
of title 37 of the United States Code that does not exceed $500
monthly.''.
(b) Update to Excess Shelter Expense Deduction.--Section 5(e)(6)(A)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(A)) is
amended by inserting before the period at the end the following:
``, except that for a household that receives the
allowance under section 403 of title 37, United States
Code, only the expenses in excess of that allowance
shall be counted towards a household's expenses for the
calculation of the excess shelter deduction''.
SEC. 4008. EARNED INCOME DEDUCTION.
Section 5(e)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(2)(B)) is amended by striking ``20'' and inserting ``22''.
SEC. 4009. SIMPLIFIED HOMELESS HOUSING COSTS.
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(6)(D)) is amended--
(1) by redesignating clause (ii) as clause (iii), and
(2) by striking clause (i) and inserting the following:
``(i) Alternative deduction.--The State
agency shall allow a deduction of $143 a month
for households--
``(I) in which all members are
homeless individuals;
``(II) that are not receiving free
shelter throughout the month; and
``(III) that do not opt to claim an
excess shelter expense deduction under
subparagraph (A).
``(ii) Adjustment.--For fiscal year 2019 and
each subsequent fiscal year the amount of the
homeless shelter deduction specified in clause
(i) shall be adjusted to reflect changes for
the 12-month period ending the preceding
November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.''.
SEC. 4010. AVAILABILITY OF STANDARD UTILITY ALLOWANCES BASED ON RECEIPT
OF ENERGY ASSISTANCE.
(a) Allowance to Recipients of Energy Assistance.--
(1) Standard utility allowance.--Section 5(e)(6)(C)(iv)(I) of
the of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(6)(C)(iv)(I)) is amended by inserting ``with an elderly
member'' after ``households''.
(2) Conforming amendments.--Section 2605(f)(2)(A) of the Low-
Income Home Energy Assistance Act is amended by inserting
``received by a household with an elderly member'' before ``,
consistent with section 5(e)(6)(C)(iv)(I)''.
(b) Third-party Energy Assistance Payments.--Section 5(k)(4) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2014(k)(4)) is amended--
(1) in subparagraph (A) by inserting ``without an elderly
member'' after ``household'' the 1st place it appears; and
(2) in subparagraph (B) by inserting ``with an elderly
member'' after ``household'' the 1st place it appears.
SEC. 4011. CHILD SUPPORT; COOPERATION WITH CHILD SUPPORT AGENCIES.
(a) Deductions for Child Support Payments.--
(1) Amendments.--Section 5(e) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2014(e)) is amended--
(A) by striking paragraph (4), and
(B) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(2) Conforming amendment.--Section 5 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
(A) in subsection (k)(4)(B) by striking ``(e)(6)''
and inserting ``(e)(5)'', and
(B) in subsection (n) by striking ``Regardless of
whether a State agency elects to provide a deduction
under subsection (e)(4), the'' and inserting ``The''.
(b) Cooperation With Child Support Agencies.--
(1) Amendments.--Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015) is amended--
(A) in subsection (l)(1) by striking ``At the option
of a State agency, subject'' and inserting ``Subject'',
(B) in subsection (m)(1) by striking ``At the option
of a State agency, subject'' and inserting ``Subject'',
and
(C) by striking subsection (n).
(2) Conforming amendment.--Section 5(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking
``and (r)'' and inserting ``and (p)''.
SEC. 4012. ADJUSTMENT TO ASSET LIMITATIONS.
Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(g)(1)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$2,000'' and inserting ``$7,000'',
and
(B) by striking ``$3,000'' and inserting ``$12,000'',
and--
(2) in subparagraph (B) by striking ``2008'' and inserting
``2019''.
SEC. 4013. UPDATED VEHICLE ALLOWANCE.
Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g))
is amended--
(1) in paragraph (1)(B)(i)--
(A) by striking ``(i) In general.--Beginning'' and
inserting the following:
``(i) In general.--
``(I) Beginning'', and
(B) by adding at the end the following:
``(II) Beginning on October 1, 2019,
and each October 1 thereafter, the
amount specified in paragraph
(2)(B)(iv) shall be adjusted in the
manner described in subclause (I).'',
and
(2) in paragraph (2)--
(A) by amending subparagraph (B)(iv) to read as
follows:
``(iv) subject to subparagraph (C), with
respect to any licensed vehicle that is used
for household transportation or to obtain or
continue employment--
``(I) 1 vehicle for each licensed
driver who is a member of such
household to the extent that the fair
market value of the vehicle exceeds
$12,000; and
``(II) each additional vehicle;
and'', and
(B) by striking subparagraph (D).
SEC. 4014. SAVINGS EXCLUDED FROM ASSETS.
Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(g)), as amended by section 4013, is amended--
(1) in paragraph (1)(B)(i) by adding at the end the
following:
``(III) Beginning on October 1, 2019,
and each October 1 thereafter, the
amount specified in paragraph (2)(B)(v)
shall be adjusted in the manner
described in subclause (I).'', and
(2) in paragraph (2)(B)(v) by inserting ``to the extent that
the value exceeds $2,000'' after ``account''.
SEC. 4015. WORKFORCE SOLUTIONS.
(a) Conditions of Participation.--Section 6(d) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) by striking ``No'' and inserting
``Subject to subparagraph (C), no'',
(ii) by striking ``over the age of 15 and
under the age of 60'' and inserting ``at least
18 years of age and less than 60 years of
age'',
(iii) by amending clause (i) to read as
follows:
``(i) without good cause, fails to work or
refuses to participate in either an employment
and training program established in paragraph
(4), a work program, or any combination of
work, an employment and training program, or
work program--
``(I) a minimum of 20 hours per week,
averaged monthly in fiscal years 2021
through 2025; or
``(II) a minimum of 25 hours per
week, averaged monthly in fiscal years
2026 and each fiscal year
thereafter;''.
(iv) by striking clauses (ii) and (vi),
(v) in clause (iv) by adding ``or'' at the
end,
(vi) in clause (v)(II) by striking ``30 hours
per week; or'' and inserting ``the hourly
requirements applicable under paragraph
(1)(B)(i).'', and
(vii) by redesignating clauses (iii), (iv),
and (v) as clauses (ii), (iii), and (iv),
respectively,
(B) by striking subparagraph (B),
(C) by amending subparagraph (C) to read as follows:
``(C) Limitation.--Subparagraph (B) shall not apply
to an individual during the first month that individual
would otherwise become subject to subparagraph (B) and
be found in noncompliance with such subparagraph.'',
(D) in subparagraph (D)--
(i) in clause (iii)(I) by striking ``(A)''
each place it appears and inserting ``(B)'',
(ii) in clause (iv) by striking ``(A)(v)''and
inserting ``(B)(iv)'', and
(iii) by striking clauses (v) and (vi),
(E) by redesignating subparagraphs (A) and (D) as
subparagraphs (B) and (I), respectively,
(F) by inserting before subparagraph (B), as so
redesignated, the following:
``(A) Definition of work program.--In this
subsection, the term `work program' means--
``(i) a program under title I of the
Workforce Innovation and Opportunity Act;
``(ii) a program under section 236 of the
Trade Act of 1974 (19 U.S.C. 2296); and
``(iii) a program of employment and training
operated or supervised by a State or political
subdivision of a State that meets standards
approved by the chief executive officer of the
State and the Secretary, other than a program
under paragraph (4).'', and
(G) by inserting after subparagraph (C) the
following:
``(D) Transition period.--During each of the fiscal
years 2019 and 2020, States shall continue to implement
and enforce the work and employment and training
program requirements consistent with this subsection,
subsection (e), subsection (o) excluding paragraph
(6)(F), section 7(i), section 11(e)(19), and section 16
(excluding subparagraphs (A), (B), (D), and (C) of
subsection (h)(1)) as those provisions were in effect
on the day before the effective date of this
subparagraph.
``(E) Ineligibility.--
``(i) Notification of failure to meet work
requirements.--The State agency shall issue a
notice of adverse action to an individual not
later than 10 days after the State agency
determines that the individual has failed to
meet the requirements applicable under
subparagraph (B).
``(ii) First violation.--The 1st time an
individual receives a notice of adverse action
issued under clause (i), the individual shall
remain ineligible to participate in the
supplemental nutrition assistance program
until--
``(I) the date that is 12 months
after the date the individual became
ineligible;
``(II) the date the individual
obtains employment sufficient to meet
the hourly requirements applicable
under subparagraph (B)(i); or
``(III) the date that the individual
is no longer subject to the
requirements of subparagraph (B);
whichever is earliest.
``(iii) Second or subsequent violation.--The
2d or subsequent time an individual receives a
notice of adverse action issued under clause
(i), the individual shall remain ineligible to
participate in the supplemental nutrition
assistance program until--
``(I) the date that is 36 months
after the date the individual became
ineligible;
``(II) the date the individual
obtains employment sufficient to meet
the hourly requirements applicable
under subparagraph (B)(i); or
``(III) the date the individual is no
longer subject to the requirements of
subparagraph (B);
whichever is earliest.
``(F) Waiver.--
``(i) In general.--On the request of a State
agency, the Secretary may waive the
applicability of subparagraph (B) to
individuals in the State if the Secretary makes
a determination that the area in which the
individuals reside--
``(I) has an unemployment rate of
over 10 percent;
``(II) is designated as a Labor
Surplus Area by the Employment and
Training Administration of the
Department of Labor for the current
fiscal year based on the criteria for
exceptional circumstances as described
in section 654.5 of title 20 of the
Code of Federal Regulations;
``(III) has a 24-month average
unemployment rate 20 percent or higher
than the national average for the same
24-month period unless the 24-month
average unemployment rate of the area
is less than 6 percent, except that the
24-month period shall begin no earlier
than the 24-month period the Employment
and Training Administration of the
Department of Labor uses to designate
Labor Surplus Areas for the current
fiscal year; or
``(IV) is in a State--
``(aa) that is in an extended
benefit period (within the
meaning of section 203 of the
Federal-State Extended
Unemployment Compensation Act
of 1970); or
``(bb) in which temporary or
emergency unemployment
compensation is being provided
under any Federal law.
``(ii) Jurisdictions with limited data.--In
carrying out clause (i), in the case of a
jurisdiction for which Bureau of Labor
Statistics unemployment data is limited or
unavailable, such as an Indian Reservation or a
territory of the United States, a State may
support its request based on other economic
indicators as determined by the Secretary.
``(iii) Limit on combining jurisdictions.--In
carrying out clause (i), the Secretary may
waive the applicability of subparagraph (B)
only to a State or individual jurisdictions
within a State, except in the case of combined
jurisdictions that are designated as Labor
Market Areas by the Department of Labor.
``(iv) Report.--The Secretary shall submit to
the Committee on Agriculture of the House of
Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the
Senate, and shall make available to the public,
an annual report on the basis for granting a
waiver under clause (i).
``(G) 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 the
applicability of subparagraph (B),
who--
``(aa) is not eligible for an
exception under paragraph (2);
``(bb) does not reside in an
area covered by a waiver
granted under subparagraph (F);
and
``(cc) is not complying with
subparagraph (B).
``(ii) General rule.--Subject to clauses
(iii) through (v), a State agency may provide
an exemption from the requirements of
subparagraph (B) for covered individuals.
``(iii) Fiscal year 2021 and thereafter.--
Subject to clauses (iv) and (v), for fiscal
year 2021 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 in fiscal year
2019, as estimated by the Secretary, based on
the survey conducted to carry out section 16(c)
for the most recent fiscal year and such other
factors as the Secretary considers appropriate
due to the timing and limitations of the
survey.
``(iv) Caseload adjustments.--The Secretary
shall adjust the number of individuals
estimated for a State under clause (iii) during
a fiscal year if the number of members of
households that receive supplemental nutrition
assistance program benefits in the State varies
from the State's caseload by more than 10
percent, as determined by the Secretary.
``(v) Reporting requirements.--
``(I) Reports by state agencies.--A
State agency shall submit such reports
to the Secretary as the Secretary
determines are necessary to ensure
compliance with this paragraph.
``(II) Annual report by the
secretary.--The Secretary shall
annually compile and submit to the
Committee on Agriculture of the House
of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of
the Senate, and shall make available to
the public, an annual report that
contains the reports submitted under
subclause (I) by State agencies.
``(H) Other program rules.--Nothing in this
subsection shall make an individual eligible for
benefits under this Act if the individual is not
otherwise eligible for benefits under the other
provisions of this Act.'',
(2) in paragraph (2)--
(A) in the 1st sentence--
(i) by striking ``paragraph (1)'' and
inserting ``paragraph (1)(B)'', and
(ii) by striking ``(E)'' and all that follows
through the period at the end, and inserting
the following:
``(E) receiving weekly earnings which equal the minimum hourly rate
under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29
U.S.C. 206(a)(1)), multiplied by the hourly requirement as specified in
subparagraph (B); (F) medically certified as mentally or physically
unfit for employment; or (G) a pregnant woman.'', and
(B) by striking the last sentence,
(3) in paragraph (3) by striking ``registration
requirements'' and inserting ``requirement'',
(4) in paragraph (4)--
(A) in subparagraph (A)--
(i) by redesignating clause (ii) as clause
(iii), and
(ii) by inserting after clause (i) the
following:
``(ii) Mandatory minimum services.--Each
State agency shall offer employment and
training program services sufficient for all
individuals subject to the requirements of
paragraph (1)(B)(i) who are not currently
ineligible pursuant to paragraph (1)(E), exempt
pursuant to subparagraphs (F) and (G) or
paragraph (2) of subsection (d), and for all
individuals covered by paragraph (1)(C), to
meet the hourly requirements specified in
paragraph (1)(B)(i) to the extent that such
requirements will not be satisfied by hours of
work or participation in a work program.'', and
(B) in subparagraph (B)--
(i) by inserting after ``contains'' the
following:
``case management services consisting of comprehensive intake
assessments, individualized service plans, progress monitoring, and
coordination with service providers, and'',
(ii) by amending clause (i) to read as
follows:
``(i) Supervised job search programs that occur at State-
approved locations in which the activities of participants
shall be directly supervised and the timing and activities of
participants tracked in accordance with guidelines set forth by
the State.'',
(iii) in clause (ii) by striking ``jobs
skills assessments, job finding clubs, training
in techniques for'' and inserting
``employability assessments, training in
techniques to increase'',
(iv) by striking clause (iii),
(v) in clause (iv) in the 1st sentence by
inserting ``, including subsidized employment,
apprenticeships, and unpaid or volunteer work
that is limited to 6 months out of a 12-month
period'' before the period at the end,
(vi) in clause (v) by inserting ``, including
family literacy and financial literacy,'' after
``literacy'',
(vii) in clause (vii) by striking ``not more
than'', and
(viii) by redesignating clauses (iv) through
(viii) as clauses (iii) through (vii),
respectively,
(C) by striking subparagraphs (D), (E), and (F), and
inserting the following:
``(D) Each State agency shall establish requirements for
participation by non-exempt individuals in the employment and training
program components listed in clauses (i) through (vii) of subparagraph
(B). Such requirements may vary among participants.'',
(D) in subparagraph (H) by striking ``(B)(v)'' and
inserting ``(B)(iv)'', and
(E) by redesignating subparagraphs (G) through (M) as
subparagraphs (E) through (K), respectively.
(b) Conforming Amendments.--
(1) Amendments to the food and nutrition act of 2008.--
Section 5(d)(14) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(d)(14)) is amended by striking ``6(d)(4)(I)'' and
inserting ``6(d)(4)(G)''.
(2) Amendment to other laws.--
(A) Internal revenue code of 1986.--Section
51(d)(8)(A)(ii) of the Internal Revenue Code of 1986
(26 U.S.C. 51(d)(8)(A)(ii)) is amended--
(i) in subclause (I) by striking ``, or'' and
inserting a period,
(ii) by striking ``family--'' and all that
follows through ``(I) receiving'' and inserting
``family receiving'', and
(iii) by striking subclause (II).
(B) Workforce innovation and opportunity act.--The
Workforce Innovation and Opportunity Act (Public Law
113-128; 128 Stat. 1425) is amended--
(i) in section 103(a)(2) by striking
subparagraph (D), and
(ii) in section 121(b)(2)(B) by striking
clause (iv).
(c) Related Requirements.--Section 6 of the Food and Nutrition Act of
2008 (7 U.S.C. 2015) is amended--
(1) in subsection (e)(5)(A) by inserting ``or of an
incapacitated person'' after ``6'', and
(2) by striking subsection (o).
(d) Conforming Amendments.--The Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.) is amended--
(1) in section 6, as amended by section 4011 and subsection
(c), by redesignating subsections (p) through (s) as
subparagraphs (n) through (q), respectively, and
(2) in section 7(i)(1) by striking ``6(o)(2)'' and inserting
``6(d)(1)(B)''.
(e) State Plan.--Section 11(e)(19) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(e)(19)) is amended by striking ``geographic areas
and households to be covered under such program, and the basis,
including any cost information,'' and inserting ``extent to which such
programs will be carried out in coordination with the activities
carried out under title I of the Workforce Innovation and Opportunity
Act, the plan for meeting the minimum services requirement under
section 6(d)(4)(A)(ii) including any cost information, and the basis''.
(f) Funding of Employment and Training Programs.--Section 16(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``$90,000,000''
and all that follows through the period at the end and
inserting the following:
``under section 18(a)(1)--
``(i) $90,000,000 for fiscal year 2019;
``(ii) $250,000,000 for fiscal year 2020; and
``(iii) $1,000,000,000 for each fiscal year
thereafter.'',
(B) by amending subparagraph (B)(ii) to read as
follows:
``(ii) takes into account--
``(I) for fiscal years 2019 and 2020,
the number of individuals who are not
exempt from the work requirement under
section 6(o) as that section existed on
the day before the date of the
enactment of the Agriculture and
Nutrition Act of 2018; and
``(II) for fiscal years 2021 and each
fiscal year thereafter, the number of
individuals who are not exempt from the
requirements under section
6(d)(1)(B).'',
(C) in subparagraph (D) by striking ``$50,000'' and
inserting ``$100,000'', and
(D) by amending subparagraph (E) to read as follows:
``(E) Reservation of funds.--Of the funds made
available under this paragraph for fiscal year 2021 and
for each fiscal year thereafter, not more than
$150,000,000 shall be reserved for allocation to States
to provide training services by eligible providers
identified under section 122 of the Workforce
Innovation and Opportunity Act for participants in the
supplemental nutrition assistance program to meet the
hourly requirements under section 6(d)(1)(B) of this
Act.'', and
(2) in paragraph (5)(C)--
(A) in clause (ii) by adding ``and'' at the end,
(B) in clause (iii) by striking ``; and'' and
inserting a period, and
(C) by striking clause (iv).
(g) Work Supplementation or Work Support Program.--
(1) Repealer.--Subsection (b) of section 16 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(b)) is repealed.
(2) Conforming amendment.--Section 5(e)(2)(A) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014(e)(2)(A)) is amended to
read as follows:
``(A) Definition of earned income.--In this
paragraph, the term ``earned income'' does not include
income excluded by subsection (d).''.
(h) Workfare.--
(1) Repealer.--Section 20 of the Food and Nutrition Act of
2008 (7 U.S.C. 2029) is repealed.
(2) Conforming amendments.--The Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) is amended--
(A) in section 16(h)--
(i) in paragraph (1)(F)--
(I) in clause (i)--
(aa) in subclause (I) by
inserting ``(as in effect on
the day before the date of the
enactment of the Agriculture
and Nutrition Act of 2018)''
after ``this Act'', and
(bb) in subclause (II)(bb) by
inserting ``(as in effect on
the day before the date of the
enactment of the Agriculture
and Nutrition Act of 2018)''
before the period at the end,
(II) in clause (ii)--
(aa) in subclause (II)(cc) by
inserting ``(as in effect on
the day before the date of the
enactment of the Agriculture
and Nutrition Act of 2018)''
after ``20'', and
(bb) in subclause
(III)(ee)(AA) by inserting ``as
in effect on the day before the
date of the enactment of the
Agriculture and Nutrition Act
of 2018'' after ``6(o)'', and
(III) in clause (vi)(I) by inserting
``as in effect on the day before the
date of the enactment of the
Agriculture and Nutrition Act of 2018''
after ``6(d)'', and
(ii) in paragraph (3) by striking ``under
section 6(d)(4)(I)(i)(II)'' and inserting ``for
dependent care expenses under section
6(d)(4)'', and
(B) in section 17(b)--
(i) in paragraph (1)(B)(iv)(III)(jj) by
inserting ``as in effect on the day before the
date of the enactment of the Agriculture and
Nutrition Act of 2018'' after ``20'', and
(ii) by striking paragraph (2).
SEC. 4016. MODERNIZATION OF ELECTRONIC BENEFIT TRANSFER REGULATIONS.
Section 7(h)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(2)) is amended--
(1) in the 1st sentence by inserting ``and shall periodically
review such regulations and modify such regulations to take
into account evolving technology and comparable industry
standards'' before the period at the end, and
(2) in subparagraph (C)--
(A) by striking ``(C)(i)'' and all that follows
through ``abuse; and'', by inserting the following:
``(C)(i) risk-based measures to maximize the security of a
system using the most effective technology available that the
State agency considers appropriate and cost effective including
consideration of recipient access and ease of use and which may
include personal identification numbers, photographic
identification on electronic benefit transfer cards,
alternatives for securing transactions, and other measures to
protect against fraud and abuse; and'', and
(B) by moving the left margin of clause (ii) 4 ems to
the left.
SEC. 4017. MOBILE TECHNOLOGIES.
Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(14) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Subject to subparagraph (B), the
Secretary shall authorize the use of mobile
technologies for the purpose of accessing supplemental
nutrition assistance program benefits.'',
(2) in subparagraph (B)--
(A) by striking the heading and inserting
``Demonstration projects on access of benefits through
mobile technologies'',
(B) by amending clause (i) to read as follows:
``(i) Demonstration projects.--Before
authorizing implementation of subparagraph (A)
in all States, the Secretary shall approve not
more than 5 demonstration project proposals
submitted by State agencies that will pilot the
use of mobile technologies for supplemental
nutrition assistance program benefits
access.'',
(C) in clause (ii)--
(i) in the heading by striking
``Demonstration projects'' and inserting
``Project requirements'',
(ii) by striking ``retail food store'' the
first place it appears and inserting ``State
agency'',
(iii) by striking ``includes'',
(iv) by striking subclauses (I), (II), (III),
and (IV), and inserting the following:
``(I) provides recipient protections
regarding privacy, ease of use,
household access to benefits, and
support similar to the protections
provided under existing methods;
``(II) ensures that all recipients,
including those without access to
mobile payment technology and those who
shop across State borders, have a means
of benefit access;
``(III) requires retail food stores,
unless exempt under section 7(f)(2)(B),
to bear the costs of acquiring and
arranging for the implementation of
point-of-sale equipment and supplies
for the redemption of benefits that are
accessed through mobile technologies,
including any fees not described in
paragraph (13);
``(IV) requires that foods purchased
with benefits issued under this section
through mobile technologies are
purchased at a price not higher than
the price of the same food purchased by
other methods used by the retail food
store, as determined by the Secretary;
``(V) ensures adequate documentation
for each authorized transaction,
adequate security measures to deter
fraud, and adequate access to retail
food stores that accept benefits
accessed through mobile technologies,
as determined by the Secretary;
``(VI) provides for an evaluation of
the demonstration project, including,
but not limited to, an evaluation of
household access to benefits; and
``(VII) meets other criteria as
established by the Secretary.'',
(D) by amending clause (iii) to read as follows:
``(iv) Date of project approval.--The
Secretary shall solicit and approve the
qualifying demonstration projects required
under subparagraph (B)(i) not later than
January 1, 2020.'', and
(E) by inserting after clause (ii) the following:
``(iii) Priority.--The Secretary may
prioritize demonstration project proposals that
would--
``(I) reduce fraud;
``(II) encourage positive nutritional
outcomes; and
``(III) meet such other criteria as
determined by the Secretary.'', and
(3) in subparagraph (C)(i)--
(A) by striking ``2017'' and inserting ``2022'', and
(B) by inserting ``requires further study by way of
an extended pilot period or'' after ``States'' the 2d
place it appears .
SEC. 4018. PROCESSING FEES.
(a) Limitation.--Section 7(h)(13) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(h)(13)) is amended to read as follows:
``(13) Fees.--No interchange fees shall apply to electronic
benefit transfer transactions under this subsection. Neither a
State, nor any agent, contractor, or subcontractor of a State
who facilitates the provision of supplemental nutrition
assistance program benefits in such State may impose a fee for
switching or routing such benefits.''.
(b) Conforming Amendment.--Section 7(j)(1)(H) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2014) is amended to read as follows:
``(H) Switching.--The term `'switching'' means the
routing of an intrastate or interstate transaction that
consists of transmitting the details of a transaction
electronically recorded through the use of an
electronic benefit transfer card in one State to the
issuer of the card that may be in the same or different
State.''.
SEC. 4019. REPLACEMENT OF EBT CARDS.
Section 7(h)(8)(B)(ii) of the Food and Nutrition Act of 2008 (7
U.S.C. 2016(h)(8)(B)(ii)) is amended by striking ``an excessive number
of lost cards'' and inserting ``2 lost cards in a 12-month period''.
SEC. 4020. BENEFIT RECOVERY.
Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C.
2016(h)(12)) is amended--
(1) in subparagraph (A) by inserting ``, or due to the death
of all members of the household'' after ``inactivity'',
(2) in subparagraph (B) by striking ``6'' and inserting
``3'', and
(3) in subparagraph (C) by striking ``12 months'' and
inserting ``6 months, or upon verification that all members of
the household are deceased''.
SEC. 4021. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.
(a) Definition.--Section 3(o)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(o)(1)) is amended by striking ``or house-to-house
trade route'' and inserting ``, house-to-house trade route, or online
entity''.
(b) Acceptance of Benefits.--Section 7(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(k)) is amended--
(1) by striking the heading and inserting ``Acceptance of
Program Benefits Through Online Transactions'',
(2) in paragraph (4) by striking subparagraph (C), and
(3) by striking paragraph (5).
SEC. 4022. NATIONAL GATEWAY.
(a) Issuance of Benefits.--Section 7 of the Food and Nutrition Act of
2008 (7 U.S.C. 2016) is amended--
(1) in subsection (d) by striking ``benefits by benefit
issuers'' and inserting ``benefit issuers and other independent
sales organizations, third-party processors, and web service
providers that provide electronic benefit transfer services or
equipment to retail food stores and wholesale food concerns,'',
and
(2) by adding at the end the following:
``(l) Requirement to Route All Supplemental Nutrition Assistance
Program Benefit Transfer Transactions Through a National Gateway.--
``(1) Definitions.--For purposes of this section:
``(A) The term `independent sales organization '
means a person or entity that--
``(i) is not a third-party processor; and
``(ii) engages in sales or service to retail
food stores with respect to point-of-sale
equipment necessary for electronic benefit
transfer transaction processing.
``(B) The term `third-party processor' means an
entity, including a retail food store operating its own
point-of-sale terminals, that is capable of routing
electronic transfer benefit transactions for
authorization.
``(C) The term `web service provider' means an entity
that operates a generic online purchasing website that
can be customized for online electronic benefit
transfer transactions for authorized retail food
stores.
``(2) In general.--Subject to paragraph (5), the Secretary
shall establish a national gateway for the purpose of routing
all supplemental nutrition assistance program benefit transfer
transactions (in this subsection referred to as `transactions'
unless the context specifies otherwise) to the appropriate
benefit issuers for purposes of transaction validation and
settlement.
``(3) Requirements to route transactions.--The Secretary
shall--
``(A) ensure that protections regarding privacy,
security, ease of use, and access relating to
supplemental nutrition assistance benefits are
maintained for benefit recipients and retail food
stores;
``(B) ensure redundancy for processing of
transactions;
``(C) ensure real-time monitoring of transactions;
``(D) ensure that all entities that connect to such
gateway, and all others that connect to such entities,
meet and follow transaction messaging standards, and
other requirements, established by the Secretary;
``(E) ensure the security of transactions by using
the most effective technology available that the
Secretary considers to be appropriate and cost-
effective; and
``(F) ensure that all transactions are routed through
such gateway.
``(4) State agency action.--Each State agency shall ensure
that all of its benefit issuers connect to such gateway. A
State agency may opt to require its benefit issuer to route
cash transactions through such gateway, subject to terms
established by the Secretary.
``(5) Routing of transactions through a national gateway.--
``(A) In general.--Before the Secretary implements in
all the States a national gateway established under
paragraph (2), the Secretary shall conduct a
feasibility study to assess the feasibility of routing
transactions through such gateway.
``(B) Feasibility study.--The feasibility study
conducted under subparagraph (A) shall provide, at a
minimum, all of the following:
``(i) A comprehensive analysis of
opportunities and challenges presented by
implementation of such gateway.
``(ii) One or more options for carrying
forward each of such opportunities and for
mitigating each of such challenges.
``(iii) Data for purposes of analyzing the
implementation of, and on-going cost of
managing, such gateway.
``(iv) One or more models for cost-neutral
on-going operation of a national gateway.
``(v) Other criteria, including security
criteria, established by the Secretary.
``(C) Date of completion of study.--The Secretary
shall complete the feasibility study required by
subparagraph (B) not later than 1 year after the date
of the enactment of the Agriculture and Nutrition Act
of 2018.
``(D) Implementation of a national gateway.--Not
later than 1 year after the date of the completion of
such study, the Secretary shall complete the nationwide
implementation of a national gateway established under
paragraph (2) unless the Secretary determines, based on
such study, that more time is needed to implement such
gateway nationwide or that nationwide implementation of
such gateway is not in the best interest of the
operation of the supplemental nutrition assistance
program.
``(E) Report to congress.--If the Secretary makes a
determination described in subparagraph (D), the
Secretary shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
report that includes the basis of such determination.
``(F) Nondisclosure of information.--Any information
collected through such gateway about a specific retail
food store, wholesale food concern, person, or other
entity, and any investigative methodology or criteria
used for program integrity purposes that operates at or
in conjunction with such gateway, shall be exempt from
the disclosure requirements of section 552(a) of title
5 of the United States Code pursuant to section
552(b)(3)(B) of title 5 of the United States Code. The
Secretary shall limit the use or disclosure of
information obtained under this subsection in a manner
consistent with section 9(c).
``(6) Authorization of appropriations.--There are authorized
to be appropriated $10,500,000 for fiscal year 2019, and
$9,500,000 for each of the fiscal years 2020 through 2023, to
carry out this subsection. Not more than $1,000,000 of the
funds appropriated under this paragraph may be used for the
feasibility study under paragraph (5)(B).
``(7) Gateway sustainability.--Benefit issuers and third-
party processors shall pay fees to the gateway operator, in a
manner prescribed by the Secretary, to directly access and
route transactions through the national gateway.
``(A) Purpose.--The Secretary shall ensure that fees
are collected and used solely for the operation of the
gateway.
``(B) Amount.--Fees shall be established by the
Secretary in amounts proportionate to the number of
transactions routed through the gateway by each benefit
issuer and third-party processor, and based on the cost
of operating the gateway in a fiscal year.
``(C) Adjustment.--The Secretary shall evaluate
annually the cost of operating such gateway and shall
adjust the fee in effect for a fiscal year to reflect
the cost of operating such gateway, except that an
adjustment under this subparagraph for any fiscal year
may not exceed 10 percent of the fee charged under this
paragraph in the preceding fiscal year.''.
(b) Approval of Retail Food Stores and Wholesale Food Concerns.--The
1st sentence of section 9(c) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(c)) is amended by inserting ``contracts for electronic
benefit transfer services and equipment, records necessary to validate
the FNS authorization number to accept and redeem benefits,'' after
``invoices,''.
SEC. 4023. ACCESS TO STATE SYSTEMS.
(a) Records.--Section 11(a)(3)(B) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(a)(3)(B)) is amended--
(1) by striking ``Records described'' and inserting ``All
records, and the entire information systems in which records
are contained, that are covered'', and
(2) by amending clause (i) to read as follows:
``(i) be made available for inspection and
audit by the Secretary, subject to data and
security protocols agreed to by the State
agency and Secretary;''.
(b) Reporting Requirements.--Section 16 of the Food and Nutrition Act
of 2008 (7 U.S.C. 2025) is amended--
(1) in the last sentence of subsection (c)(4) by inserting
``including providing access to applicable State records and
the entire information systems in which the records are
contained,'' after ``Secretary,'', and
(2) in subsection (g)(1)--
(A) in subparagraph (E) by striking ``and'' at the
end,
(B) in subparagraph (F) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(G) would be accessible by the Secretary for the
purposes of program oversight and would be used by the
State agency to make available all records required by
the Secretary.''.
SEC. 4024. TRANSITIONAL BENEFITS.
Section 11(s) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(s)) is amended--
(1) by striking the heading and inserting ``Transitional
Benefits'',
(2) in paragraph (1)--
(A) by striking ``may'' and inserting ``shall'', and
(B) in subparagraph (B) by striking ``at the option
of the State,'', and
(3) in paragraph (2)--
(A) by striking ``may'' and inserting ``shall'', and
(B) by striking ``not more than''.
SEC. 4025. INCENTIVIZING TECHNOLOGY MODERNIZATION.
Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(t)) is amended--
(1) by striking the heading and inserting ``Grants for
Simplified Supplemental Nutrition Assistance Program
Application and Eligibility Determination Systems'',
(2) in paragraph (1) by striking ``implement--'' and all that
follows through the period at the end, and inserting
``implement simplified supplemental nutrition assistance
program application and eligibility determination systems.'',
and
(3) in paragraph (2)--
(A) by amending subparagraph (B) to read as follows:
``(B) establishing enhanced technological methods for
applying for benefits and determining eligibility that
improve the administrative infrastructure used in
processing applications and determining eligibility;
or'',
(B) by striking subparagraphs (C) and (D), and
(C) by redesignating subparagraph (E) as subparagraph
(C).
SEC. 4026. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFIT TRANSFER
TRANSACTION DATA REPORT.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is
amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A) by striking ``and'' at the
end,
(B) in subparagraph (B) by striking the period at the
end and inserting ``; and'', and
(C) by adding at the end the following:
``(C) parameters for retail food store cooperation with the
Secretary sufficient to carry out subsection (i).''.
(2) by adding at the end the following:
``(i) Data Collection for Retail Food Store Transactions.--
``(1) Collection of data.--To assist in making improvements
to supplemental nutrition assistance program design, for each
interval not greater than a 2-year period, the Secretary
shall--
``(A) collect a statistically significant sample of
retail food store transaction data, including the cost
and description of items purchased with supplemental
nutrition assistance program benefits, to the extent
practicable and without affecting retail food store
document retention practices; and
``(B) make a summarized report of aggregated data
collected under subparagraph (A) available to the
public in a manner that prevents identification of
individual retail food stores, individual retail food
store chains, and individual members of households that
use such benefits.
``(2) Nondisclosure.--Any transaction data that contains
information specific to a retail food store, a retail food
store location, a person, or other entity shall be exempt from
the disclosure requirements of Section 552(a) of title 5 of the
United States Code pursuant to section 552(b)(3)(B) of title 5
of the United States Code. The Secretary shall limit the use or
disclosure of information obtained under this subsection in a
manner consistent with sections 9(c) and 11(e)(8).''.
SEC. 4027. ADJUSTMENT TO PERCENTAGE OF RECOVERED FUNDS RETAINED BY
STATES.
Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)
is amended--
(1) in the 1st sentence by striking ``35 percent'' and
inserting ``50 percent'', and
(2) by inserting after the 1st sentence the following:
``A State agency may use such funds retained only to carry out the
supplemental nutrition assistance program, including investments in
technology, improvements in administration and distribution, and
actions to prevent fraud.''.
SEC. 4028. TOLERANCE LEVEL FOR PAYMENT ERRORS.
Section 16(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(c)(1)) is amended--
(1) in subparagraph (A)(ii)--
(A) in subclause (I) by striking ``and'' at the end,
(B) in subclause (II)--
(i) by striking ``fiscal year thereafter''
and inserting ``of the fiscal years 2015
through 2017'', and
(ii) by striking the period at the end and
inserting ``; and'', and
(C) by adding at the end the following:
``(III) for each fiscal year
thereafter, $0.'', and
(2) in subparagraph (C) by striking ``fiscal year 2004'' and
all that follows through ``second'', and inserting ``any of the
fiscal years 2004 through 2018 for which the Secretary
determines that for the second or subsequent consecutive fiscal
year, and with respect to fiscal year 2019 and any fiscal year
thereafter for which the Secretary determines that for the
third''.
SEC. 4029. STATE PERFORMANCE INDICATORS.
Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2025(d)) is amended--
(1) by striking the heading and inserting ``State Performance
Indicators'',
(2) in paragraph (2)--
(A) in the heading by striking ``and thereafter'' and
inserting ``through 2017'',
(B) in subparagraph (A) by striking ``and each fiscal
year thereafter'' and inserting ``through fiscal year
2017'', and
(C) in subparagraph (B) by striking ``and each fiscal
year thereafter'' and inserting ``through fiscal year
2017'', and
(3) by adding at the end the following:
``(6) Fiscal year 2018 and fiscal years thereafter.--With
respect to fiscal year 2018 and each fiscal year thereafter,
the Secretary shall establish, by regulation, performance
criteria relating to--
``(A) actions taken to correct errors, reduce rates
of error, and improve eligibility determinations; and
``(B) other indicators of effective administration
determined by the Secretary.''.
SEC. 4030. PUBLIC-PRIVATE PARTNERSHIPS.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(m) Pilot Projects to Encourage the Use of Public-private
Partnerships Committed to Addressing Food Insecurity.--
``(1) In general.--The Secretary may, on application, permit
not more than 10 eligible entities to carry out pilot projects
to support public-private partnerships that address food
insecurity and poverty.
``(2) Definition.--For purposes of this subsection, an
`eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) a nonprofit organization;
``(D) a community-based organization; and
``(E) an institution of higher education.
``(3) Project requirements.--Projects approved under this
subsection shall be limited to 2 years in length and evaluate
the impact of the ability of eligible entities to--
``(A) improve the effectiveness and impact of the
supplemental nutrition assistance program;
``(B) develop food security solutions that are
contextualized to the needs of a community or region;
and
``(C) strengthen the capacity of communities to
address food insecurity and poverty.
``(4) Reporting.--Participating entities shall report
annually to the Secretary who shall submit a final report to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate. Such report shall include--
``(A) a summary of the activities conducted under the
pilot projects;
``(B) an assessment of the effectiveness of the pilot
projects; and
``(C) best practices regarding the use of public-
private partnerships to improve the effectiveness of
public benefit programs to address food insecurity and
poverty.
``(5) Authorization and advance availability of
appropriations.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subsection $5,000,000 to remain available until
expended.
``(B) Appropriation in advance.--Only funds
appropriated under subparagraph (A) in advance
specifically to carry out this subsection shall be
available to carry out this subsection.''.
SEC. 4031. AUTHORIZATION OF APPROPRIATIONS.
The 1st sentence of section 18(a)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2027(a)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 4032. EMERGENCY FOOD ASSISTANCE.
Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)) is amended--
(1) in paragraph (1) by striking ``2018'' and inserting
``2023'',
(2) in paragraph (2)--
(A) in subparagraph (C) by striking ``2018'' and
inserting ``2023'',
(B) in subparagraph (D)--
(i) by striking ``2018'' the 1st place it
appears and inserting ``2019'',
(ii) in clause (iii) by striking ``and'' at
the end, and
(iii) by adding at the end the following:
``(v) for fiscal year 2019, $60,000,000;
and'', and
(C) in subparagraph (E)--
(i) by striking ``2019'' and inserting
``2020'',
(ii) by striking ``(D)(iv)'' and inserting
``(D)(v)'', and
(iii) by striking ``2017'' and inserting
``2018'', and
(3) by adding at the end the following:
``(4) Farm-to-food-bank fund.--From amounts made available
under subparagraphs (D) and (E) of paragraph (2), the Secretary
shall distribute $20,000,000 in accordance with section 214 of
the Emergency Food Assistance Act of 1983 (7 U.S.C. 7515) that
States shall use to procure or enter into agreements with a
food bank to procure excess fresh fruits and vegetables grown
in the State, or surrounding regions in the United States, to
be provided to eligible recipient agencies as defined in
section 201A(3) of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7501(3)).''.
SEC. 4033. NUTRITION EDUCATION.
(a) Nutrition Education and Obesity Prevention Grant Program.--
Section 28 of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) Definitions.--As used in this section:
``(1) Eligible individual.--The term `eligible individual'
means an individual who is eligible to receive benefits under a
nutrition education and obesity prevention program under this
section as a result of being--
``(A) an individual eligible for benefits under--
``(i) this Act;
``(ii) sections 9(b)(1)(A) and 17(c)(4) of
the Richard B Russell National School Lunch Act
(42 U.S.C. 1758(b)(1)(A), 1766(c)(4)); or
``(iii) section 4(e)(1)(A) of the Child
Nutrition Act of 1966 (42 U.S.C.
1773(e)(1)(A));
``(B) an individual who resides in a community with a
significant low-income population, as determined by the
Secretary; or
``(C) such other low-income individual as is
determined to be eligible by the Secretary.
``(2) Eligible institution.--The term `eligible institution'
includes any `1862 Institution' or `1890 Institution', as
defined in section 2 of the Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601).'',
(2) in subsection (b) by striking ``Consistent with the terms
and conditions of grants awarded under this section, State
agencies may'' and inserting ``The Secretary, acting through
the Director of the National Institute of Food and Agriculture,
in consultation with the Administrator of the Food and
Nutrition Service, shall'',
(3) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--Consistent with the terms and conditions
of grants awarded under this section, eligible institutions
shall deliver nutrition education and obesity prevention
services under a program described in subsection (b) that--
``(A) to the extent practicable, provide for the
employment and training of professional and
paraprofessional aides from the target population to
engage in direct nutrition education; and
``(B) partner with other public and private entities
as appropriate to optimize program delivery.'',
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as
follows:
``(A) In general.--A State agency, in consultation
with eligible institutions that provide nutrition
education and obesity prevention services under this
subsection, shall submit to the Secretary for approval
a nutrition education State plan.'',
(ii) in subparagraph (B) by striking ``Except
as provided in subparagraph (C), a'' and
inserting ``A'', and
(iii) by striking subparagraph (C),
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``A State agency''
and inserting ``An eligible
institution'', and
(II) by inserting ``the Director of
the National Institute of Food and
Agriculture and'' after ``by'', and
(ii) in subparagraph (B) by inserting ``the
Director of the National Institute of Food and
Agriculture and'' after ``education,'', and
(D) in paragraph (4) by inserting ``and eligible
institutions'' after ``agencies'', and
(E) in paragraph (5) by striking ``State agency'' and
inserting ``eligible institutions'',
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the heading by striking ``In general''
and inserting ``Basic funding'',
(ii) by striking ``to State agencies'',
(iii) in subparagraph (E) by striking ``and''
at the end,
(iv) in subparagraph (F)--
(I) by striking ``year 2016 and each
subsequent fiscal year'' and inserting
``years 2016 through 2018'', and
(II) by striking the period at the
end and inserting a semicolon, and
(v) by adding at the end the following:
``(G) for fiscal year 2019, $485,000,000; and
``(H) for fiscal year 2020 and each subsequent fiscal
year, the applicable amount during the preceding fiscal
year, as adjusted to reflect any increases for the 12-
month period ending the preceding June 30 in the
Consumer Price Index for All Urban Consumers published
by the Bureau of Labor Statistics of the Department of
Labor.'',
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by inserting ``and appropriated under the
authority of paragraph (2)'' after ``paragraph
(1)'', and
(II) in clause (ii)--
(aa) by inserting ``(as that section
existed on the day before the date of
the enactment of the Agriculture and
Nutrition Act of 2018)'' after ``(B)''
and
(bb) in subclause (V) by striking
``and each fiscal year thereafter'',
and
(ii) by amending subparagraph (B) to read as follows:
``(C) Reallocation.--If the Secretary determines that
an eligible institution will not expend all of the
funds allocated to the eligible institution for a
fiscal year under paragraph (1) or in the case of an
eligible institution that elects not to receive the
entire amount of funds allocated to the eligible
institution for a fiscal year, the Secretary shall
reallocate the unexpended funds to other eligible
institutions during the fiscal year or the subsequent
fiscal year (as determined by the Secretary) that have
approved State plans under which the eligible
institutions may expend the reallocated funds.'', and
(iii) by inserting after subparagraph (A) the
following:
``(B) Subsequent allocation.--Of the funds set aside
under paragraph (1) and appropriated under the
authority of paragraph (2) for fiscal year 2019 and
each fiscal year thereafter, 100 percent shall be
allocated to eligible institutions pro rata based on
the respective share of each State of the number of
individuals participating in the supplemental nutrition
assistance program during the 12-month period ending
the preceding January 31, as determined by the
Secretary.'',
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively,
(D) by inserting after paragraph (1) the following:
``(2) Authorization and advance availability of
appropriations.--
``(A) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$65,000,000 for each of the fiscal years 2019 through
2023.
``(B) Appropriation in advance.--Except as provided
in subparagraph (C), only funds appropriated under
subparagraph (A) in advance specifically to carry out
this section shall be available to carry out this
section.
``(C) Other funds.--Funds appropriated under this
paragraph shall be in addition to funds made available
under paragraph (1).'', and
(E) by inserting after paragraph (4), as so
redesignated, the following:
``(5) Administrative costs.--Not more than 10 percent of the
funds allocated to eligible institutions may be used by the
eligible institutions for administrative costs.'', and
(5) in subsection (e) by striking ``January 1, 2012'' and
inserting ``18 months after the date of the enactment of the
Agriculture and Nutrition Act of 2018''.
(b) Related Amendment.--Section 18(a)(3)(A)(ii) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2027(a)(3)(A)(ii)) is amended by
striking ``, such as the expanded food and nutrition education
program''.
SEC. 4034. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036b(c)(1)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 4035. TECHNICAL CORRECTIONS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended--
(1) in section 3--
(A) in subsections (d) and (i) by striking ``7(i)''
and inserting ``7(h)'', and
(B) in subsection (o)(1)(A) by striking ``(r)(1)''
and inserting ``(q)(1)'',
(2) in section 5(a) by striking ``and section'' each place it
appears and all that follows through ``households'' the
respective next place it appears, and inserting ``and section
3(m)(4), households'',
(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by
striking ``3(n)(5)'' and inserting ``3(m)(5)'',
(4) in the 1st sentence of section 10--
(A) by striking ``or the Federal Savings and Loan
Insurance Corporation'' each place it appears, and
(B) by striking ``3(p)(4)'' and inserting
``3(o)(4)'',
(5) in section 11--
(A) in subsection (a)(2) by striking ``3(t)(1)'' and
inserting ``3(s)(1)'', and
(B) in subsection (d)--
(i) by striking ``3(t)(1)'' each place it
appears and inserting ``3(s)(1)'', and
(ii) by striking ``3(t)(2)'' each place it
appears and inserting ``3(s)(2)'',
(C) in subsection (e)--
(i) in paragraph (17) by striking ``3(t)(1)''
inserting ``3(s)(1)'', and
(ii) in paragraph (23) by striking
``Simplified Supplemental Nutrition Assistance
Program'' and inserting ``simplified
supplemental nutrition assistance program'',
(6) in section 15(e) by striking ``exchange'' and all that
follows through ``anything'', and inserting ``exchange for
benefits, or anything'',
(7) in section 17(b)(1)(B)(iv)--
(A) in subclause (III)(aa) by striking ``3(n)'' and
inserting ``3(m)'', and
(B) in subclause (VII) by striking ``7(i)'' and
inserting ``7(h)'',
(8) in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon
at the end, and
(9) in section 26(b) by striking ``out'' and all that follows
through ``(referred'', and inserting ``out a simplified
supplemental nutrition assistance program (referred''.
SEC. 4036. IMPLEMENTATION FUNDS.
Out of any funds made available under section 18(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2027(a)) for fiscal year 2019, the
Secretary shall use to carry out the amendments made by this subtitle
$150,000,000, to remain available until expended.
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
The 1st sentence of section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``2018'' and
inserting ``2023'', and
(B) in paragraph (2) by striking ``2018'' and
inserting ``2023'', and
(2) in subsection (d)(2) by striking ``2018'' and inserting
``2023''.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(a)(2)(A)) is amended by striking ``2018'' and inserting
``2023''.
Subtitle C--Miscellaneous
SEC. 4201. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DISTRIBUTION TO
SCHOOLS AND SERVICE INSTITUTIONS.
Section 10603(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 612c-4(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 4202. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 3007(a)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 4203. HEALTHY FOOD FINANCING INITIATIVE.
Section 243(d) of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6953) is amended by striking ``until expended'' and
inserting ``until October 1, 2023''.
SEC. 4204. AMENDMENTS TO THE FRUIT AND VEGETABLE PROGRAM.
Section 19 of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769a) is amended--
(1) in the section heading, by striking ``fresh'' ;
(2) in subsection (a), by inserting ``, canned, dried,
frozen, or pureed'' after ``fresh'';
(3) in subsection (b), by inserting ``, canned, dried,
frozen, or pureed'' after ``fresh''; and
(4) in subsection (e), by inserting ``, canned, dried,
frozen, or pureed'' after ``fresh''.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY
REQUIREMENT FOR FARM OWNERSHIP LOANS.
Section 302(b) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1922(b)) is amended by adding at the end the following:
``(4) Waiver authority.--In the case of a qualified beginning
farmer or rancher, the Secretary may--
``(A) reduce the 3-year requirement in paragraph (1)
to--
``(i) 2 years, if the farmer or rancher has--
``(I) 16 credit hours of post-
secondary education in a field related
to agriculture;
``(II) at least 1 year of direct
substantive management experience in a
business;
``(III) been honorably discharged
from the armed forces of the United
States;
``(IV) successfully repaid a youth
loan made under section 311(b); or
``(V) an established relationship
with an individual participating as a
counselor in a Service Corps of Retired
Executives program authorized under
section 8(b)(1)(B) of the Small
Business Act (15 U.S.C. 637(b)(1)(B)),
or with a local farm or ranch operator
or organization, approved by the
Secretary, that is committed to
mentoring the farmer or rancher; or
``(ii) 1 year, if the farmer or rancher has
military leadership or management experience
from having completed an acceptable military
leadership course; or
``(B) waive the 3-year requirement in paragraph (1)
if the farmer or rancher--
``(i) meets a requirement of subparagraph
(A)(i) (other than subclause (V) thereof) and
meets the requirement of subparagraph (A)(ii);
and
``(ii) meets the requirement of subparagraph
(A)(i)(V).''.
SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304(h) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1924(h)) is amended--
(1) by striking ``$150,000,000'' and inserting
``$75,000,000''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 5103. FARM OWNERSHIP LOAN LIMITS.
Section 305(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1925(a)) is amended--
(1) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(2) by striking ``2000'' and inserting ``2019''.
Subtitle B--Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313(a)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1943(a)(1)) is amended--
(1) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(2) by striking ``2000'' and inserting ``2019''.
SEC. 5202. MICROLOANS.
Section 313(c)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1943(c)(2)) is amended by striking ``title'' and inserting
``subsection''.
Subtitle C--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983b(h)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 5302. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1994(b)(1)) is amended in the matter preceding subparagraph
(A) by striking ``2018'' and inserting ``2023''.
SEC. 5303. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Technical Corrections to the Consolidated Farm and Rural
Development Act
SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
(a)(1) Section 310E(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1935(d)(3)) is amended by inserting ``and
socially disadvantaged farmers or ranchers'' after ``ranchers'' the
second place it appears.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 5004(4)(A)(i) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246) in lieu of
the amendment made by such section.
(b)(1) Section 321(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1961(a)) is amended in the second sentence by striking
``and limited liability companies'' and inserting ``limited liability
companies, and such other legal entities''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 5201 of the Agricultural Act of
2014 (Public Law 113-79) in lieu of the amendment made by such section.
(c)(1) Section 331D(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981d(e)) is amended by inserting after ``within 60 days
after receipt of the notice required in this section'' the following:
``or, in extraordinary circumstances as determined by the applicable
State director, after the 60-day period''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 10 of the Agricultural Credit
Improvement Act of 1992 (Public Law 102-554).
(d)(1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking
``114'' and inserting ``339''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 14 of the Agricultural Credit
Improvement Act of 1992 (Public Law 102-554).
(e) Section 339(d)(3) of the Consolidated Farm and Rural Development
Act (7 U.S.C.1989(d)(3)) is amended by striking ``preferred certified
lender'' and inserting ``Preferred Certified Lender''.
(f)(1) Section 343(a)(11)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking ``or
joint operators'' and inserting ``joint operator, or owners''.
(2) The amendment made by this subsection shall take effect as of the
effective date of section 5303(a)(2) of the Agricultural Act of 2014.
(g)(1) Section 343(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1991(b)) is amended by striking ``307(e)'' and inserting
``307(d)''.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 5004 of the Agricultural Act of
2014 (Public Law 113-79).
(h) Section 346(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C.1994(a)) is amended by striking the last comma.
Subtitle E--Amendments to the Farm Credit Act of 1971
SEC. 5501. ELIMINATION OF OBSOLETE REFERENCES.
(a) Section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a))
is amended to read as follows:
``(a) Composition.--The Farm Credit System shall include the Farm
Credit Banks, banks for cooperatives, Agricultural Credit Banks, the
Federal land bank associations, the Federal land credit associations,
the production credit associations, the Agricultural Credit
Associations, the Federal Farm Credit Banks Funding Corporation, the
Federal Agricultural Mortgage Corporation, service corporations
established pursuant to section 4.25 of this Act, and such other
institutions as may be made a part of the System, all of which shall be
chartered by and subject to regulation by the Farm Credit
Administration.''.
(b) Section 2.4 of such Act (12 U.S.C. 2075) is amended by striking
subsection (d).
(c) Section 3.0 of such Act (12 U.S.C. 2121) is amended--
(1) in the 3rd sentence, by striking ``and a Central Bank for
Cooperatives''; and
(2) by striking the 5th sentence.
(d) Section 3.2(a)(1) of such Act (12 U.S.C. 2123(a)(1)) is amended--
(1) by striking ``not merged into the United Bank for
Cooperatives or the National Bank for Cooperatives''; and
(2) by adding at the end the following: ``Section 7.12(c)
shall apply to the board of directors of a merged bank for
cooperatives.''.
(e) Section 3.2(a)(2)(A) of such Act (12 U.S.C. 2123(a)(2)(A)) is
amended by striking ``(other than the National Bank for
Cooperatives)''.
(f) Section 3.2 of such Act (12 U.S.C. 2123) is amended--
(1) by striking subsection (b);
(2) in subsection (a)(2)(B), by striking ``paragraph'' and
inserting ``subsection'';
(3) by striking ``(a)(1)'' and inserting ``(a)'';
(4) by striking ``(2)(A)'' and inserting ``(b)(1)'';
(5) by striking ``(i)'' and inserting ``(A)'';
(6) by striking ``(ii)'' and inserting ``(B)''; and
(7) by striking ``(B)'' and inserting ``(2)''.
(g) Section 3.5 of such Act (12 U.S.C. 2126) is amended by striking
``district''.
(h) Section 3.7(a) of such Act (12 U.S.C. 2128(a)) is amended by
striking the second sentence.
(i) Section 3.8(b)(1)(A) of such Act (12 U.S.C. 2129(b)(1)(A)) is
amended by inserting ``(or successor agency)'' after ``Rural
Electrification Administration''.
(j) Section 3.9(a) of such Act (12 U.S.C. 2130(a)) is amended by
striking the 3rd sentence.
(k) Section 3.10(c) of such Act (12 U.S.C. 2131(c)) is amended by
striking the second sentence.
(l) Section 3.10(d) of such Act (12 U.S.C. 2131(d)) is amended--
(1) by striking ``district'' each place it appears; and
(2) by inserting ``for cooperatives or successor bank''
before ``on account of such indebtedness''.
(m) Section 3.11 of such Act (12 U.S.C. 2132) is amended--
(1) in subsection (a), by striking ``subsections (b) and
(c)'' and inserting ``subsection (b)'';
(2) in subsection (b)--
(A) by striking ``district''; and
(B) by striking ``Except as provided in subsection
(c) below, all'' and inserting ``All''; and
(3) by striking subsection (c) and redesignating subsections
(d) through (f) as subsections (c) through (e), respectively.
(n) The heading for part B of title III of such Act is amended by
striking ``United and''.
(o) Section 3.20(a) of such Act (12 U.S.C. 2141(a)) is amended by
striking ``or the United Bank for Cooperatives, as the case may be''.
(p) Section 3.20(b) of such Act (12 U.S.C. 2141(b)) is amended by
striking ``the district banks for cooperatives and the Central Bank for
Cooperatives'' and inserting ``all constituent banks referred to in
section 413 of the Agricultural Credit Act of 1987''.
(q) Section 3.21 of such Act (12 U.S.C. 2142) is repealed.
(r) Section 3.28 of such Act (12 U.S.C. 2149) is amended by striking
``a district bank for cooperatives and the Central Bank for
Cooperatives'' and inserting ``its constituent banks referred to in
section 413 of the Agricultural Credit Act of 1987''.
(s) Section 3.29 of such Act (12 U.S.C. 2150) is repealed.
(t)(1) Section 4.0 of such Act (12 U.S.C. 2151) is repealed.
(2) Section 5.60(b) of such Act (12 U.S.C. 2277a-9(b)) is amended to
read as follows:
``(b) Amounts in Fund.--The Corporation shall deposit in the
Insurance Fund all premium payments received by the Corporation under
this part.''.
(u)(1) Section 4.8 of such Act (12 U.S.C. 2159) is amended--
(A) by striking ``(a)''; and
(B) by striking subsection (b).
(2) Section 1.1(c) of such Act (12 U.S.C. 2001(c)) is amended by
striking ``including any costs of defeasance under section 4.8(b),''.
(v) Section 4.9(d)(2) of such Act (12 U.S.C. 2160(d)(2)) is amended
to read as follows:
``(2) Representation on board.--The Farm Credit System
Insurance Corporation shall have no representation on the board
of directors of the Corporation.''.
(w) Section 4.9 of such Act (12 U.S.C. 2160) is amended by striking
subsection (e) and redesignating subsection (f) as subsection (e).
(x) Section 4.9A(c) of such Act (12 U.S.C. 2162(c)) is amended to
read as follows:
``(c) Inability to Retire Stock at Par Value.--If an institution is
unable to retire eligible borrower stock at par value due to the
liquidation of the institution, the Farm Credit System Insurance
Corporation, acting as receiver, shall retire such stock at par value
as would have been retired in the ordinary course of business of the
institution. The Farm Credit System Insurance Corporation shall make
use of sufficient funds from the Farm Credit Insurance Fund to carry
out this section.''.
(y) Section 4.12A(a)(1) of such Act (12 U.S.C. 2184(a)(1)) is amended
to read as follows:
``(1) In general.--Every Farm Credit System bank or
association shall provide a current list of its stockholders,
within 7 calendar days after receipt of a written request by a
stockholder, to the requesting stockholder.''.
(z) Section 4.14A(a) of such Act (12 U.S.C. 2202a(a)) is amended by
inserting ``and section 4.36'' after ``As used in this part''.
(aa)(1) Section 4.14A of such Act (12 U.S.C. 2202a) is amended--
(A) in subsection (l), by striking ``production credit''; and
(B) by striking subsection (h) and redesignating subsections
(i) through (l) as subsections (h) through (k), respectively.
(2)(A) Section 5.31 of such Act (12 U.S.C. 2267) is amended by
striking ``4.14A(i)'' and inserting ``4.14A(h)''.
(B) Section 5.32(h) of such Act (12 U.S.C. 2268(h)) is amended by
striking ``4.14A(i)'' and inserting ``4.14A(h)''.
(bb)(1) Section 4.14C of such Act (12 U.S.C. 2202c) is repealed.
(2)(A) Section 4.14A(a)(5)(B)(ii)(I) of such Act (12 U.S.C.
2202a(a)(5)(B)(ii)(I)) is amended by striking ``4.14C,''.
(B) Section 8.9 of such Act (12 U.S.C. 2279aa-9) is amended by
striking ``4.14C,'' each place it appears.
(cc) Section 4.17 of such Act (12 U.S.C. 2205) is amended by striking
``Federal intermediate credit banks and''.
(dd) Section 4.19(a) of such Act (12 U.S.C. 2207(a)) is amended--
(1) by striking ``district'';
(2) by striking ``Federal land bank association and
production credit''; and
(3) by striking ``units'' and inserting ``institutions''.
(ee) Section 4.38 of such Act (12 U.S.C. 2219c) is amended by
striking ``The Assistance Board established under section 6.0 and all''
and inserting ``All''.
(ff) Section 5.17(a)(2) of such Act (12 U.S.C. 2252(a)(2)) is amended
by striking the second and 3rd sentences.
(gg) Section 5.18 of such Act (12 U.S.C. 2253) is repealed.
(hh) Section 5.19(a) of such Act (12 U.S.C. 2254(a)) is amended--
(1) by striking ``Except for Federal land bank associations,
each'' and inserting ``Each''; and
(2) by striking the second sentence.
(ii) Section 5.19(b) of such Act (12 U.S.C. 2254(b)) is amended--
(1) in the second sentence of paragraph (1), by striking
``except with respect to any actions taken by any banks of the
System under section 4.8(b),'';
(2) by striking the third sentence of paragraph (1);
(3) by striking ``(b)(1)'' and inserting ``(b)''; and
(4) by striking paragraphs (2) and (3).
(jj) Section 5.35(4) of such Act (12 U.S.C. 2271(4)) is amended--
(1) in subparagraph (C)--
(A) by striking ``after December 31, 1992,''; and
(B) by striking ``by the Farm Credit System
Assistance Board under section 6.6 or''; and
(2) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B).
(kk) Section 5.38 of such Act (12 U.S.C. 2274) is amended by striking
``a farm credit district board, bank board, or bank officer or employee
shall not remove any director or officer of any production credit
association or Federal land bank association'' and inserting ``a Farm
Credit Bank board, officer, or employee shall not remove any director
or officer of any association''.
(ll) Section 5.44 of such Act (12 U.S.C. 2275) is repealed.
(mm) Section 5.58(2) of such Act (12 U.S.C. 2277a-7) is amended by
striking the second sentence.
(nn) Subtitle A of title VI of such Act (12 U.S.C. 2278a-2278a-11) is
repealed.
(oo) Title VI of such Act (12 U.S.C. 2278a-2278b-11) is amended by
adding at the end the following:
``SEC. 6.32. TERMINATION OF AUTHORITY.
``The authority provided in this subtitle shall terminate on December
31, 2018.''.
(pp) Section 7.9 of such Act (12 U.S.C. 2279c-2) is amended by
striking subsection (c).
(qq) Section 7.10(a)(4) of such Act (12 U.S.C. 2279d(a)(4)) is
amended to read as follows:
``(4) the institution pays to the Farm Credit Insurance Fund
the amount by which the total capital of the institution
exceeds 6 percent of the assets;''.
(rr) Section 8.0(2) of such Act (12 U.S.C. 2279aa(2)) is amended to
read as follows:
``(2) Board.--The term `Board' means the board of directors
established under section 8.2.''.
(ss)(1) Section 8.0 of such Act (12 U.S.C. 2279aa) is amended by
striking paragraphs (6) and (8), and redesignating paragraphs (7), (9),
and (10) as paragraphs (6) through (8), respectively.
(2)(A) Section 4.39 of such Act (12 U.S.C. 2219d) is amended by
striking ``8.0(7)'' and inserting ``8.0(6)''.
(B) Section 8.6(e)(2) of such Act (12 U.S.C. 2279aa-6(e)(2)) is
amended by striking ``8.0(9)'' and inserting ``8.0(7)''.
(C) Section 8.11(e) of such Act (12 U.S.C. 2279aa-11(e)) is amended
by striking ``8.0(7)'' and inserting ``8.0(6)''.
(D) Section 8.32(a)(1)(B) of such Act (12 U.S.C. 2279bb-1(a)(1)(B))
is amended by striking ``8.0(9)(C)'' and inserting ``8.0(7)(C)''.
(tt)(1) Section 8.2 of such Act (12 U.S.C. 2279aa-2) is amended--
(A) in subsection (b)--
(i) in the subsection heading, by striking
``Permanent Board'' and inserting ``Board of
Directors'';
(ii) by striking paragraph (1) and inserting the
following:
``(1) Establishment.--The Corporation shall be under the
management of the Board of Directors.'';
(iii) by striking paragraph (3) and redesignating
paragraphs (4) through (10) as paragraphs (3) through
(9), respectively; and
(iv) by striking ``permanent'' each place it appears
in paragraphs (2), and (3) through (9) (as so
redesignated); and
(B) by striking subsection (a) and redesignating subsections
(b) and (c) as subsections (a) and (b), respectively.
(2) Section 8.4(a)(1) of such Act (12 U.S.C. 2279aa-4) is amended--
(A) by striking the 3rd sentence;
(B) by inserting after the 1st sentence the following:
``Voting common stock shall be offered to banks, other
financial entities, insurance companies, and System
institutions under such terms and conditions as the Board may
adopt. The voting stock shall be fairly and broadly offered to
ensure that no institution or institutions acquire a
disproportionate amount of the total amount of voting common
stock outstanding of a class and that capital contributions and
issuances of voting common stock for the contributions are
fairly distributed between entities eligible to hold Class A
and Class B stock, as provided under this paragraph.'';
(C) by striking ``8.2(b)(2)(A)'' and inserting
``8.2(a)(2)(A)''; and
(D) by striking ``8.2(b)(2)(B)'' and inserting
``8.2(a)(2)(B)''.
(uu)(1) Section 8.6 of such Act (12 U.S.C. 2279aa-6) is amended by
striking subsection (d) and redesignating subsection (e) as subsection
(d).
(2)(A) Paragraph (7)(B)(i) of section 8.0 of such Act (12 U.S.C.
2279aa), as redesignated by subsection (ss)(1), is amended by striking
``through (d)'' and inserting ``and (c)''.
(B) Section 8.33(b)(2)(A) of such Act (12 U.S.C. 2279bb-2(b)(2)(A))
is amended by striking ``8.6(e)'' and inserting ``8.6(d)''.
(vv) Section 8.32(a) of such Act (12 U.S.C. 2279bb-1(a)) is amended
by striking ``Not sooner than the expiration of the 3-year period
beginning on the date of enactment of the Farm Credit System Reform Act
of 1996, the'' and inserting ``The''.
(ww) Section 8.35 of such Act (12 U.S.C. 2279bb-4) is amended by
striking subsection (e).
(xx) Section 8.38 of such Act (12 U.S.C. 2279bb-7) is repealed.
SEC. 5502. CONFORMING REPEALS.
(a) Sections 4, 5, 6, 7, 8, 14, and 15 of the Agricultural Marketing
Act (12 U.S.C. 1141b, 1141c, 1141d, 1141e, 1141f, 1141i, and 1141j) are
repealed.
(b) The Act of June 22, 1939, (Chapter 239; 53 Stat. 853; 12 U.S.C.
1141d-1) is repealed.
(c) Section 201 of the Emergency Relief and Construction Act of 1932
(12 U.S.C. 1148) is repealed.
(d) Section 2 of the Act of July 14, 1953, (Chapter 192; 67 Stat.
150; 12 U.S.C. 1148a-4) is repealed.
(e) Sections 32 through 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148b, 1148c, and 1148d) are repealed.
(f) Sections 1 through 4 of the Act of March 3, 1932, (12 U.S.C. 1401
through 1404) are repealed.
SEC. 5503. FACILITY HEADQUARTERS.
Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251) is
amended by striking all that precedes ``to the rental of quarters'' and
inserting the following:
``SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT
ADMINISTRATION.
``(a) The Farm Credit Administration shall maintain its principal
office within the Washington D.C.-Maryland-Virginia standard
metropolitan statistical area, and such other offices within the United
States as in its judgment are necessary.
``(b) As an alternate''.
SEC. 5504. SHARING PRIVILEGED AND CONFIDENTIAL INFORMATION.
Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is
amended by adding at the end the following:
``(e) A System institution shall not be considered to have waived the
confidentiality of a privileged communication with an attorney or
accountant if the institution provides the content of the communication
to the Farm Credit Administration pursuant to the supervisory or
regulatory authorities of the Farm Credit Administration.''.
SEC. 5505. SCOPE OF JURISDICTION.
Part C of title V of the Farm Credit Act of 1971 (12 U.S.C. 2261-
2274) is amended by inserting after section 5.31 the following:
``SEC. 5.31A. SCOPE OF JURISDICTION.
``(a) For purposes of sections 5.25, 5.26, and 5.33, the jurisdiction
of the Farm Credit Administration over parties, and the authority of
the Farm Credit Administration to initiate actions, shall include
enforcement authority over institution-affiliated parties.
``(b) The resignation, termination of employment or participation, or
separation of an institution-affiliated party (including a separation
caused by the merger, consolidation, conservatorship, or receivership
of a System institution) shall not affect the jurisdiction and
authority of the Farm Credit Administration to issue any notice or
order and proceed under this part against any such party, if the notice
or order is served before the end of the 6-year period beginning on the
date the party ceased to be such a party with respect to the System
institution (whether the date occurs before, on, or after the date of
the enactment of this section).''.
SEC. 5506. DEFINITION.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is
amended--
(1) by striking ``and'' at the end of paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (5) and
inserting after paragraph (3) the following:
``(4) the term `institution-affiliated party' means--
``(A) any director, officer, employee, shareholder,
or agent of a System institution;
``(B) any independent contractor (including any
attorney, appraiser, or accountant) who knowingly or
recklessly participates in--
``(i) any violation of law (including
regulations) that is associated with the
operations and activities of 1 or more
institutions;
``(ii) any breach of fiduciary duty; or
``(iii) any unsafe or unsound practice, which
caused or is likely to cause more than a
minimal financial loss to, or a significant
adverse effect on, a System institution; and
``(C) any other person, as determined by the Farm
Credit Administration (by regulation or on a case-by-
case basis) who participates in the conduct of the
affairs of a System institution; and''.
SEC. 5507. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT LIMITATION.
(a) In General.--Section 8.8(c)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-8(c)(2)) is amended by striking ``1,000'' and inserting
``2,000''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect 1 year after the date a report submitted in accordance with
section 5602 of this Act indicates that it is feasible to increase the
acreage limitation in section 8.8(c)(2) of the Farm Credit Act of 1971
to 2,000 acres.
SEC. 5508. COMPENSATION OF BANK DIRECTORS.
Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) is
repealed.
SEC. 5509. PROHIBITION ON USE OF FUNDS.
Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C. 2277a-14) is
amended by adding at the end the following:
``(e) Prohibition on Uses of Funds Related to Federal Agricultural
Mortgage Corporation.--No funds from administrative accounts or from
the Farm Credit System Insurance Fund may be used by the Corporation to
provide assistance to the Federal Agricultural Mortgage Corporation or
to support any activities related to the Federal Agricultural Mortgage
Corporation.''.
Subtitle F--Miscellaneous
SEC. 5601. STATE AGRICULTURAL MEDIATION PROGRAMS.
Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is
amended by striking ``2018''and inserting ``2023''.
SEC. 5602. STUDY ON LOAN RISK.
(a) Study.--The Farm Credit Administration shall conduct a study
that--
(1) analyzes and compares the financial risks inherent in
loans made, held, securitized, or purchased by Farm Credit
banks, associations, and the Federal Agricultural Mortgage
Corporation and how such risks are required to be capitalized
under statute and regulations in effect as of the date of the
enactment of this Act; and
(2) assesses the feasibility of increasing the acreage
exception provided in section 8.8(c)(2) of the Farm Credit Act
of 1971 to 2,000 acres.
(b) Timeline.--The Farm Credit Administration shall provide the
results of the study required by subsection (a) to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate no later than 180
days after the date of the enactment of this Act.
TITLE VI--RURAL INFRASTRUCTURE AND ECONOMIC DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural Communities
SEC. 6001. PRIORITIZING PROJECTS TO MEET HEALTH CRISES IN RURAL
AMERICA.
(a) Temporary Prioritization of Rural Health Assistance.--Title VI of
the Rural Development Act of 1972 (7 U.S.C. 2204a-2204b) is amended by
adding at the end the following:
``SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE.
``(a) Authority to Prioritize Certain Rural Health Applications.--The
Secretary, after consultation with such public health officials as may
be necessary, may announce a temporary reprioritization for certain
rural development loan and grant applications to assist rural
communities in responding to a specific health emergency.
``(b) Content of Announcement.--In the announcement, the Secretary
shall--
``(1) specify the nature of the emergency affecting the heath
of rural Americans;
``(2) describe the actual and potential effects of the
emergency on the rural United States;
``(3) identify the services and treatments which can be used
to reduce those effects; and
``(4) publish the specific temporary changes needed to assist
rural communities in responding to the emergency
``(c) Notice.--Not later than 48 hours after making or extending an
announcement under this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate, and
transmit to the Secretary of Health and Human Services, a written
notice of the declaration or extension.
``(d) Extension.--The Secretary may extend an announcement under
subsection (a) if the Secretary determines that the emergency will
continue after the declaration would otherwise expire.
``(e) Expiration.--An announcement under subsection (a) shall expire
on the earlier of--
``(1) the date the Secretary determines that the emergency
has ended; or
``(2) the end of the 360-day period beginning with the later
of--
``(A) the date the announcement was made; or
``(B) the date the announcement was most recently
extended.''.
(b) Distance Learning and Telemedicine.--Section 2333(c) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-2(c))
is amended by adding at the end the following:
``(5) Procedure during temporary reprioritizations.--
``(A) In general.--While a temporary reprioritization
announced under section 608 of the Rural Development
Act of 1972 is in effect, the Secretary shall make
available not less than 10 percent of the amounts made
available under section 2335A for financial assistance
under this chapter, for telemedicine services to
identify and treat individuals affected by the
emergency, subject to subparagraph (B).
``(B) Exception.--In the case of a fiscal year for
which the Secretary determines that there are not
sufficient qualified applicants to receive financial
assistance to reach the 10-percent requirement under
subparagraph (A), the Secretary may make available less
than 10 percent of the amounts made available under
section 2335A for those services.''.
(c) Community Facilities Direct Loans and Grants.--Section 306(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is
amended by adding at the end the following:
``(27) Procedure during temporary reprioritizations.--
``(A) Selection priority.--While a temporary
reprioritization announced under section 608 of the
Rural Development Act of 1972 is in effect, in
selecting recipients of loans, loan guarantees, or
grants for the development of essential community
facilities under this section, the Secretary shall give
priority to entities eligible for those loans or
grants--
``(i) to develop facilities to provide
services related to reducing the effects of the
health emergency, including--
``(I) prevention services;
``(II) treatment services;
``(III) recovery services; or
``(IV) any combination of those
services; and
``(ii) that employ staff that have
appropriate expertise and training in how to
identify and treat individuals affected by the
emergency.
``(B) Use of funds.--An eligible entity described in
subparagraph (A) that receives a loan or grant
described in that subparagraph may use the loan or
grant funds for the development of telehealth
facilities and systems to provide for treatment
directly related to the emergency involved.''.
(d) Rural Health and Safety Education Programs.--
(1) In general.--Section 502(i) of the Rural Development Act
of 1972 (7 U.S.C. 2662(i)) is amended--
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following:
``(5) Procedure during temporary reprioritizations.--While a
temporary reprioritization announced under section 608 of the
Rural Development Act of 1972 is in effect, in making grants
under this subsection, the Secretary shall give priority to an
applicant that will use the grant to address the announced
emergency.''.
(2) Technical amendments.--Title V of the Rural Development
Act of 1972 (7 U.S.C. 2661 et seq.), as amended by paragraph
(1) of this subsection, is amended--
(A) in section 502, in the matter preceding
subsection (a), by inserting ``(referred to in this
title as the `Secretary')'' after ``Agriculture''; and
(B) by striking ``Secretary of Agriculture'' each
place it appears (other than in section 502 in the
matter preceding subsection (a)) and inserting
``Secretary''.
SEC. 6002. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``$75,000,000 for each of fiscal years 2014 through
2018'' and inserting ``$82,000,000 for each of fiscal years 2019
through 2023''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6003. REAUTHORIZATION OF THE FARM AND RANCH STRESS ASSISTANCE
NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936) is amended--
(1) in subsection (a), by striking ``coordination with the
Secretary of Health and Human Services, shall make competitive
grants to support cooperative programs between State
cooperative extension services and nonprofit organizations''
and inserting ``consultation with the Secretary of Health and
Human Services, shall make competitive grants to State
cooperative extension services and Indian Tribes to support
programs with nonprofit organizations in order'';
(2) in subsection (b)--
(A) in paragraph (1), by inserting ``Internet''
before ``websites'';
(B) by striking paragraph (2) and inserting the
following:
``(2) training for individuals who may assist farmers in
crisis, including programs and workshops;''; and
(C) in paragraph (4), by inserting ``, including the
dissemination of information and materials'' before the
semicolon at the end;
(3) in subsection (c), by striking ``to enable the State
cooperative extension services'' and inserting ``or Indian
Tribes, as applicable,'';
(4) in subsection (d), by striking ``fiscal years'' and all
that follows and inserting ``fiscal years 2018 through 2023'';
and
(5) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) Oversight and Evaluation.--The Secretary, in consultation with
the Secretary of Health and Human Services, shall review and evaluate
the stress assistance programs carried out pursuant to this section.
``(1) Program review.--Not later than 2 years after the date
on which a grant is first provided under this section, and
annually thereafter, the Secretary shall--
``(A) review the programs funded under a grant made
under this section to evaluate the effectiveness of the
services offered through such a program, and suggest
alternative services not offered by such a grant
recipient that would be appropriate for behavioral
health services; and
``(B) submit to the Congress, and make available on
the public Internet website of the Department of
Agriculture, a report containing the results of the
review conducted under subparagraph (A) and a
description of the services provided through programs
funded under such a grant.
``(2) Public availability.--In making the report under
paragraph (1) publicly available, the Secretary shall take such
steps as may be necessary to ensure that the report does not
contain any information that would identify any person who
received services under a program funded under a grant made
under this section.''.
SEC. 6004. SUPPORTING AGRICULTURAL ASSOCIATION HEALTH PLANS.
(a) In General.--The Secretary of Agriculture may establish a loan
program and a grant program to assist in the establishment of
agricultural association health plans, in order to help bring new
health options and lower priced health care coverage to rural
Americans.
(b) Loans.--
(1) In general.--With respect to plan years 2019 through
2022, the Secretary of Agriculture, in consultation with the
Secretary of Labor, may make not more than 10 loans under this
section, for purposes of establishing agricultural association
health plans, to qualified agricultural associations that have
not received a loan under this section.
(2) Use of funds.--The proceeds of a loan made under this
section may only be used to finance costs associated with
establishing and carrying out an agricultural association
health plan.
(3) Loan terms.--A loan made under this section shall--
(A) bear interest at an annual rate equivalent to the
cost of borrowing to the Department of the Treasury for
obligations of comparable maturities;
(B) have a term of such length, not exceeding 20
years, as the borrower may request;
(C) be in an amount not to exceed $15,000,000;
(D) require that the borrower submit annual audited
financial statements to the Secretary; and
(E) include any other requirements or documentation
the Secretary deems necessary to carry out this
section.
(c) Grants.--The Secretary may make grants to agricultural trade
associations or industry associations which have been in existence for
at least three years prior to applying for such a grant to provide for
technical assistance in establishing an agricultural association health
plan.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section $65,000,000 for the period of fiscal
years 2019 through 2022, to be available until expended.
(2) Reservation of funds.--Of the funds made available under
paragraph (1), not more than 15 percent of such funds shall be
made available to make grants under subsection (c).
(e) Definitions.--In this section:
(1) Agricultural association health plan.--The term
``agricultural association health plan'' means a group health
plan within the meaning of section 733(a)(1) of the Employee
Retirement Income Security Act of 1974 (42 U.S.C. 1191b)--
(A) that is sponsored by a qualified agricultural
association; and
(B) with respect to which the Secretary has received
a letter from the relevant State insurance commissioner
certifying that such association may offer such plan in
such State.
(2) Qualified agricultural association.--The term ``qualified
agricultural association'' means an association--
(A) composed of members that operate a farm or ranch
or operate an agribusiness;
(B) that qualifies as an association health plan
within the meaning of guidance or regulation issued by
the Department of Labor;
(C) that acts directly or indirectly in the interest
of its members in relation to the plan;
(D) that is able to demonstrate an ability to
implement and manage a group health plan; and
(E) that meets any other criteria the Secretary deems
necessary to meet the intent of this section.
Subtitle B--Connecting Rural Americans to High Speed Broadband
SEC. 6101. ESTABLISHING FORWARD-LOOKING BROADBAND STANDARDS.
(a) In General.--Section 601 of the Rural Electrification Act of 1936
(7 U.S.C. 950bb) is amended--
(1) in subsection (d)(1)(A), by striking clause (i) and
inserting the following:
``(i) demonstrate the ability to furnish or
improve service in order to meet the broadband
service standards established under subsection
(e)(1) in all or part of an unserved or
underserved rural area;'';
(2) in subsection (e)--
(A) by striking paragraphs (1) and (2) and inserting
the following:
``(1) In general.--Subject to paragraph (2), for purposes of
this section, the Secretary shall establish broadband service
standards for rural areas which provide for--
``(A) a minimum acceptable standard of service that
requires the speed to be at least 25 megabits per
second downstream transmission capacity and 3 megabits
per second upstream transmission capacity; and
``(B) projections of minimum acceptable standards of
service for 5, 10, 15, 20, and 30 years into the
future.
``(2) Adjustments.--
``(A) In general.--At least once every 2 years, the
Secretary shall review, and may adjust through notice
published in the Federal Register, the broadband
service standards in effect under paragraph (1) to
encourage the delivery of high quality, cost-effective
broadband service in rural areas.
``(B) Considerations.--In establishing and adjusting
the broadband service standards in effect under
paragraph (1), the Secretary shall consider--
``(i) the broadband service needs of rural
families and businesses;
``(ii) broadband service available to urban
and suburban areas;
``(iii) future technology needs of rural
residents;
``(iv) advances in broadband technology; and
``(v) other relevant factors as determined by
the Secretary.''; and
(B) by adding at the end the following:
``(4) Agreement.--The Secretary shall not provide a loan or
loan guarantee under this section for a project unless the
Secretary determines, at the time the agreement to provide the
loan or loan guarantee is entered into, that, at any time while
the loan or loan guarantee is outstanding, the project will be
capable of providing broadband service at not less than the
minimum acceptable standard of service established under
paragraph (1)(B) for that time.
``(5) Substitute service standards for unique service
territories.--If an applicant shows that it would be cost
prohibitive to meet the minimum acceptable level of broadband
service established under paragraph (1)(B) for the entirety of
a proposed service territory due to the unique characteristics
of the proposed service territory, the Secretary and the
applicant may agree to utilize substitute standards for any
unserved portion of the project. Any substitute service
standards should continue to consider the matters described in
paragraph (2)(B) and reflect the best technology available to
meet the needs of the residents in the unserved area.''; and
(3) in subsection (g)--
(A) in paragraph (2)(A), by striking ``level of
broadband service established under subsection (e)''
and inserting ``standard of service established under
subsection (e)(1)(A)''; and
(B) by adding at the end the following:
``(4) Minimum standards.--To the extent possible, the terms
and conditions under which a loan or loan guarantee is provided
to an applicant for a project shall require that, at any time
while the loan or loan guarantee is outstanding, the broadband
network provided by the project will meet the lower of--
``(A) the minimum acceptable standard of service
projected under subsection (e)(1)(B) for that time, as
agreed to by the applicant at the time the loan or loan
guarantee is provided; or
``(B) the minimum acceptable standard of service in
effect under subsection (e)(1)(A) for that time.''.
(b) Report to Congress.--Within 12 months after the date of the
enactment of this Act, the Administrator of the Rural Utilities Service
(in this subsection referred to as the ``RUS'') shall submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
written report on the effectiveness of RUS loan and loan guarantee
programs for the purpose of expanding broadband to rural areas (as
defined in RUS regulations), which shall--
(1) identify administrative and legislative options for
incentivizing private investment by utilizing RUS loan
guarantee programs for the purpose of expanding broadband to
rural areas;
(2) evaluate the existing borrower and lending guidelines for
RUS loan and loan guarantee applicants to incentivize
participation in both programs;
(3) evaluate the loan and loan guarantee application
processes for lenders and borrowers by eliminating burdensome
and unnecessary steps in the application process and providing
a more streamlined process to decrease the complexity of the
application and the timeline from application to approval or
denial;
(4) identify opportunities to provide technical assistance
and pre-development planning activities to assist rural
counties and communities to assess current and future broadband
needs; and
(5) identify and evaluate emerging technologies, including
next-generation satellite technologies, and ways to leverage
the technologies to provide high-speed, low-latency internet
connectivity to rural areas.
SEC. 6102. INCENTIVES FOR HARD TO REACH COMMUNITIES.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is
amended by adding at the end the following:
``SEC. 604. INCENTIVES FOR HARD TO REACH COMMUNITIES.
``(a) Definitions.--In this section:
``(1) Associated loan.--The term `associated loan' means a
loan or loan guarantee to finance all or part of a project
under title I or II or this title for which an application has
been submitted under such title and for which an application
has also been submitted for a grant under this section.
``(2) Density.--
``(A) In general.--The term `density' means service
points per road mile.
``(B) Method of calculation.--The Secretary shall
further define, by rule, a method for calculating
service points per road-mile, where appropriate by
geography, which--
``(i) divides the total number of service
points by the total number of road-miles in a
proposed service territory;
``(ii) requires an applicant to count all
potential service points in a proposed service
territory; and
``(iii) includes any other requirements the
Secretary deems necessary to protect the
integrity of the program.
``(3) Eligible project.--The term `eligible project' means
any project for which the applicant--
``(A) has submitted an application for an associated
loan; and
``(B) does not receive any other broadband grant
administered by the Rural Utilities Service; and
``(C) proposes to--
``(i) offer retail broadband service to rural
households;
``(ii) serve an area with a density of less
than 12;
``(iii) provide service that meets the
standard that would apply under section
601(e)(4) if the associated loan had been
applied for under section 601;
``(iv) provide service in an area where no
incumbent provider delivers fixed terrestrial
broadband service at or above the minimum
broadband speed described in section 601(e)(1);
and
``(v) provide service in an area where no
eligible borrower, other than the applicant,
has outstanding Rural Utilities Service
telecommunications debt or is subject to a
current Rural Utilities Service
telecommunications grant agreement.
``(4) Service point.--The term `service point' means a home,
business, or institution in a proposed service area.
``(5) Road-mile.--The term `road-mile' means a mile of road
in a proposed service area.
``(b) Establishment of Grant Program.--The Secretary shall establish
a competitive grant program to provide applicants funds to carry out
eligible projects for the purposes of construction, improvement, or
acquisition of facilities for the provision of broadband service in
rural areas.
``(c) Applications.--The Secretary shall establish an application
process for grants under this section that--
``(1) has 1 application window per year;
``(2) permits a single application for the grant and the
associated loan; and
``(3) provides a single decision to award the grant and the
associated loan.
``(d) Priority.--In making grants under this section, the Secretary
shall prioritize applications in which the applicant proposes to--
``(1) provide the highest quality of service as measured by--
``(A) network speed;
``(B) network latency; and
``(C) data allowances;
``(2) serve the greatest number of service points; and
``(3) use the greatest proportion of non-Federal dollars.
``(e) Amount.--The Secretary shall make each grant under this section
in an amount that is--
``(1) not greater than 75 percent of the total project cost
with respect to an area with a density of less than 4;
``(2) not greater than 50 percent of the total project cost
with respect to an area with a density of 4 or more and not
more than 9; and
``(3) not greater than 25 percent of the total project cost
with respect to an area with a density of more than 9 and not
more than 12.
``(f) Terms and Conditions.--With respect to a grant provided under
this section, the Secretary shall require that--
``(1) the associated loan is secured by the assets purchased
with funding from the grant and from the loan;
``(2) the agreement in which the terms of the grant are
established is for a period equal to the duration of the
associated loan; and
``(3) at any time at which the associated loan is
outstanding, the broadband service provided by the project will
meet the lower of the standards that would apply under section
601(g)(4) if the associated loan had been made under section
601.
``(g) Payment Assistance for Certain Applicants Under This Title.--
``(1) In general.--As part of the grant program under this
section, the Secretary, at the sole discretion of the
Secretary, may provide to applicants who are eligible borrowers
under this title and not eligible borrowers under title I or II
all or a portion of the grant funds in the form of payment
assistance.
``(2) Payment assistance.--The Secretary may provide payment
assistance under paragraph (1) by reducing a borrower's
interest rate or periodic principal payments or both.
``(3) Agreement on milestones and objectives.--With respect
to payment assistance provided under paragraph (1), before
entering into the agreement for the grant and associated loan
under which the payment assistance will be provided, the
applicant and the Secretary shall agree to milestones and
objectives of the project.
``(4) Condition.--The Secretary shall condition any payment
assistance provided under paragraph (1) on--
``(A) the applicant fulfilling the terms and
conditions of the grant agreement under which the
payment assistance will be provided; and
``(B) completion of the milestones and objectives
agreed to under paragraph (3).
``(5) Amendment of milestones and objectives.--The Secretary
and the applicant may jointly agree to amend the milestones and
objectives agreed to under paragraph (3).
``(h) Existing Projects.--The Secretary may not provide a grant under
this section to an applicant for a project that was commenced before
the date of the enactment of this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $350,000,000 for each of fiscal
years 2019 to 2023.''.
SEC. 6103. REQUIRING GUARANTEED BROADBAND LENDING.
Section 601(c)(1) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(c)(1)) is amended by striking ``shall make or guarantee loans''
and inserting ``shall make loans and shall guarantee loans''.
SEC. 6104. SMART UTILITY AUTHORITY FOR BROADBAND.
(a) Section 331 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981) is amended by adding at the end the following:
``(e)(1) Except as provided in paragraph (2), the Secretary may allow
a recipient of a grant, loan, or loan guarantee provided by the Office
of Rural Development under this title to use not more than 10 percent
of the amount so provided--
``(A) for any activity for which assistance may be provided
under section 601 of the Rural Electrification Act of 1936; or
``(B) to construct other broadband infrastructure.
``(2) Paragraph (1) of this subsection shall not apply to a recipient
who is seeking to provide retail broadband service in any area where
retail broadband service is available at the minimum broadband speeds,
as defined under section 601(e) of the Rural Electrification Act of
1936.''.
(b) Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-
918a) is amended by inserting after section 7 the following:
``SEC. 8. LIMITATIONS ON USE OF ASSISTANCE.
``(a) Subject to subsections (b) and (c) of this section, the
Secretary may allow a recipient of a grant, loan, or loan guarantee
under this title to set aside not more than 10 percent of the amount so
received to provide retail broadband service.
``(b) A recipient who sets aside funds under subsection (a) of this
section may use the funds only in an area that is not being provided
with the minimum acceptable level of broadband service established
under section 601(e), unless the recipient meets the requirements of
section 601(d).
``(c) Nothing in this section shall be construed to limit the ability
of any borrower to finance or deploy services authorized under this
title.''.
SEC. 6105. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM.
Section 603 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb-
2) is amended--
(1) in the section heading, by striking ``rural gigabit
network pilot'' and inserting ``innovative broadband
advancement'';
(2) in subsection (d), by striking ``2014 through 2018'' and
inserting ``2019 through 2023'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by striking subsections (a) through (c) and inserting the
following:
``(a) In General.--The Secretary shall establish a program to be
known as the `Innovative Broadband Advancement Program', under which
the Secretary may provide a grant, a loan, or both to an eligible
entity for the purpose of demonstrating innovative broadband
technologies or methods of broadband deployment that significantly
decrease the cost of broadband deployment, and provide substantially
faster broadband speeds than are available, in a rural area.
``(b) Rural Area.--In this section, the term `rural area' has the
meaning provided in section 601(b)(3).
``(c) Eligibility.--To be eligible to obtain assistance under this
section for a project, an entity shall--
``(1) submit to the Secretary an application--
``(A) that describes a project designed to decrease
the cost of broadband deployment, and substantially
increase broadband speed to not less than the 20-year
broadband speed established by the Rural Utilities
Service under this title, in a rural area to be served
by the project; and
``(B) at such time, in such manner, and containing
such other information as the Secretary may require;
``(2) demonstrate that the entity is able to carry out the
project; and
``(3) agree to complete the project build-out within 5 years
after the date the assistance is first provided for the
project.
``(d) Prioritization.--In awarding assistance under this section, the
Secretary shall give priority to proposals for projects that--
``(1) involve partnerships between or among multiple
entities;
``(2) would provide broadband service to the greatest number
of rural residents at or above the minimum broadband speed
referred to in subsection (c)(1)(A); and
``(3) the Secretary determines could be replicated in rural
areas described in paragraph (2).''.
SEC. 6106. UNIFIED BROADBAND REPORTING REQUIREMENTS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb)
is amended--
(1) in subsection (j)--
(A) in the matter preceding paragraph (1), by
striking ``Not later than'' and all that follows
through ``section'' and inserting ``Each year, the
Secretary shall submit to the Congress a report that
describes the extent of participation in the broadband
loan, loan guarantee, and grant programs administered
by the Secretary'';
(B) in paragraph (1), by striking ``loans applied for
and provided under this section'' and inserting
``loans, loan guarantees, and grants applied for and
provided under the programs'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking
``loan''; and
(ii) in subparagraph (B), by striking ``loans
and loan guarantees provided under this
section'' and inserting ``loans, loan
guarantees, and grants provided under the
programs'';
(D) in paragraph (3), by striking ``loan application
under this section'' and inserting ``application under
the programs'';
(E) in each of paragraphs (4) and (6), by striking
``this section'' and inserting ``the programs''; and
(F) in paragraph (5)--
(i) by striking ``service'' and inserting
``technology''; and
(ii) by striking ``(b)(1)'' and inserting
``(e)(1)''; and
(2) in subsection (k)(2), in each of subparagraphs (A)(i) and
(C), by striking ``loans'' and inserting ``grants, loans,''.
SEC. 6107. IMPROVING ACCESS BY PROVIDING CERTAINTY TO BROADBAND
BORROWERS.
(a) Telephone Loan Program.--Title II of the Rural Electrification
Act of 1936 (7 U.S.C. 922-928) is amended by adding at the end the
following:
``SEC. 208. AUTHORITY TO OBLIGATE, BUT NOT DISBURSE, FUNDS BEFORE THE
COMPLETION OF REVIEWS.
``(a) In General.--The Secretary may obligate, but shall not
disburse, funds under this title for a project before the completion of
any otherwise required environmental, historical, or other review of
the project.
``(b) Authority to Deobligate Funds.--The Secretary may deobligate
funds under this title for a project if any such review will not be
completed within a reasonable period of time.''.
(b) Rural Broadband Program.--Section 601(d) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(d)) is amended by adding at
the end the following:
``(11) Authority to obligate, but not disburse, funds before
completion of reviews; authority to deobligate funds.--The
Secretary may obligate, but shall not disburse, funds under
this section for a project before the completion of any
otherwise required environmental, historical, or other review
of the project. The Secretary may deobligate funds under this
section for a project if any such review will not be completed
within a reasonable period of time.''.
SEC. 6108. SIMPLIFIED APPLICATION WINDOW.
Section 601(c)(2)(A) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(c)(2)(A)) is amended by striking ``not less than 2
evaluation periods'' and inserting ``1 evaluation period''.
SEC. 6109. ELIMINATION OF REQUIREMENT TO GIVE PRIORITY TO CERTAIN
APPLICANTS.
Section 601(c)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(c)(2)) is amended--
(1) by striking ``; and'' at the end of subparagraph (C) and
inserting a period; and
(2) by striking subparagraph (D).
SEC. 6110. MODIFICATION OF BUILDOUT REQUIREMENT.
Section 601(d)(1)(A)(iii) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(d)(1)(A)(iii)) is amended--
(1) by striking ``service'' and inserting ``infrastructure'';
and
(2) by striking ``3'' and inserting ``5''.
SEC. 6111. IMPROVING BORROWER REFINANCING OPTIONS.
(a) Refinancing of Broadband Loans.--Section 201 of the Rural
Electrification Act of 1936 (7 U.S.C. 922) is amended by inserting
``including indebtedness on a loan made under section 601'' after
``furnishing telephone service in rural areas''.
(b) Refinancing of Other Loans.--Section 601(i) of such Act (7 U.S.C.
950bb(i)) is amended by inserting ``, or on any other loan if the
purpose for which such other loan was made is a telecommunications
purpose for which assistance may be provided under this Act,'' before
``if the use of''.
SEC. 6112. ELIMINATION OF UNNECESSARY REPORTING REQUIREMENTS.
Section 601(d)(8)(A)(ii) of the Rural Electrification Act of 1936 (7
U.S.C. 950bb(d)(8)(A)(ii)) is amended--
(1) in subclause (I), by striking ``and location''; and
(2) in subclause (IV), by striking ``any changes in broadband
service adoption rates, including''.
SEC. 6113. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb)
is amended--
(1) in subsection (k), by striking paragraph (1) and
inserting the following:
``(1) Limitations on authorization of appropriations.--For
loans and loan guarantees under this section, there is
authorized to be appropriated to the Secretary $150,000,000 for
each of fiscal years 2019 through 2023, to remain available
until expended.''; and
(2) in subsection (l), by striking ``2018'' and inserting
``2023''.
SEC. 6114. MIDDLE MILE BROADBAND INFRASTRUCTURE.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb)
is amended--
(1) in subsection (a), by inserting ``or middle mile
infrastructure'' before ``in rural areas'';
(2) in subsection (b), by redesignating paragraphs (2) and
(3) as paragraphs (3) and (4) and inserting after paragraph (1)
the following:
``(2) Middle mile infrastructure.--The term `middle mile
infrastructure' means any broadband infrastructure that does
not connect directly to end user locations (including anchor
institutions) and may include interoffice transport, backhaul,
Internet connectivity, data centers, or special access
transport to rural areas.'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and to
construct, improve, or acquire middle mile
infrastructure'' before ``in rural areas'';
(B) in paragraph (2)(B), by inserting ``, or in the
case of middle mile infrastructure, offer the future
ability to link,'' before ``the greatest proportion'';
and
(C) by adding at the end the following:
``(3) Limitation on middle mile infrastructure projects.--The
Secretary shall limit loans or loan guarantees for middle mile
infrastructure projects to no more than 20 percent of the
amounts made available to carry out this section.'';
(4) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i) (as amended by section
6101(1) of this Act), by inserting ``or extend
middle mile infrastructure'' before ``in all'';
and
(ii) in clause (iii), by inserting ``or
middle mile infrastructure'' before
``described'';
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``or
install middle mile infrastructure'' before
``in the proposed'';
(ii) in subparagraph (C), by striking clause
(ii) and inserting the following:
``(ii) Exception.--Clause (i) shall not apply
with respect to a project if the project is
eligible for funding under another title of
this Act.''; and
(iii) by adding at the end the following:
``(D) Exception for middle mile infrastructure.--
Portions of a middle mile infrastructure project that
ultimately meet the rural service requirements of this
section may traverse an area not described in
subsection (b)(4) when necessary.'';
(C) in paragraph (4), by inserting ``, or construct,
improve, or acquire middle mile infrastructure in,''
before ``a rural area'';
(D) in paragraph (5)(A)(v), by inserting ``or, in the
case of middle mile infrastructure, connect'' before
the semicolon; and
(E) in paragraph (8)(A)(ii)--
(i) in subclause (I), by inserting ``or may''
before ``receive'';
(ii) in subclause (II), by inserting ``or
capability of middle mile infrastructure''
before the semicolon; and
(iii) in subclause (III), by inserting ``, if
applicable'' before the semicolon;
(5) in subsection (i)--
(A) in the subsection heading, by inserting ``or
Middle Mile Infrastructure'' after ``Service''; and
(B) by inserting ``or middle mile infrastructure''
before ``in rural areas''; and
(6) in subsection (j)(6), by inserting ``or middle mile
infrastructure'' after ``service'' the 1st and 3rd places it
appears.
SEC. 6115. OUTDATED BROADBAND SYSTEMS.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et
seq.) is amended by adding at the end the following:
``SEC. 605. OUTDATED BROADBAND SYSTEMS.
``Beginning October 1, 2020, the Secretary shall consider any portion
of a service territory subject to an outstanding grant agreement
between the Secretary and a broadband provider in which broadband
service is not provided at at least 10 megabits per second download and
at least 1 megabit per second upload as unserved for the purposes of
all broadband loan programs under this Act, unless the broadband
provider has constructed or begun to construct broadband facilities in
the service territory that meet the minimum acceptable standard of
service established under section 601(e)(1) for the area in which the
service territory is located.''.
SEC. 6116. EFFECTIVE DATE.
(a) In General.--The amendments made by this subtitle shall not take
effect until the Secretary of Agriculture has issued final regulations
to implement the amendments.
(b) Deadline for Issuing Regulations.--Within 90 days after the date
of the enactment of this Act, the Secretary of Agriculture shall
prescribe final regulations to implement the amendments made by
sections 6101 and 6102.
Subtitle C--Consolidated Farm and Rural Development Act
SEC. 6201. STRENGTHENING REGIONAL ECONOMIC DEVELOPMENT INCENTIVES.
Section 379H of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008v) is amended to read as follows:
``SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
``(a) In General.--In the case of any program as determined by the
Secretary, the Secretary shall give priority to an application for a
project that, as determined and approved by the Secretary--
``(1) meets the applicable eligibility requirements of this
title or other applicable authorizing law;
``(2) will be carried out in a rural area; and
``(3) supports the implementation of a strategic community
investment plan described in subsection (d) on a multisectoral
and multijurisdictional basis.
``(b) Reserve.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall reserve a portion of the funds made available for a
fiscal year for programs as determined by the Secretary, for
projects that support the implementation of a strategic
community investment plan described in subsection (d) on a
multisectoral and multijurisdictional basis.
``(2) Period.--The reservation of funds described in
paragraph (1) may only extend through a date of the fiscal year
in which the funds were first made available, as determined by
the Secretary.
``(c) Approved Applications.--
``(1) In general.--Any applicant who submitted a funding
application that was approved before the date of enactment of
this section may amend the application to qualify for the funds
reserved under subsection (b).
``(2) Rural utilities.--Any rural development application
authorized under section 306(a)(2), 306(a)(14), 306(a)(24),
306A, or 310B(b) and approved by the Secretary before the date
of enactment of this section shall be eligible for the funds
reserved under subsection (b) on the same basis as the
applications submitted under this section, until September 30,
2019.
``(d) Strategic Community Investment Plans.--
``(1) In general.--The Secretary shall provide assistance to
rural communities for developing strategic community investment
plans.
``(2) Plans.--A strategic community investment plan described
in paragraph (1) shall include--
``(A) a variety of activities designed to facilitate
a rural community's vision for its future;
``(B) participation by multiple stakeholders,
including local and regional partners;
``(C) leverage of applicable regional resources;
``(D) investment from strategic partners, such as--
``(i) private organizations;
``(ii) cooperatives;
``(iii) other government entities;
``(iv) tribes; and
``(v) philanthropic organizations;
``(E) clear objectives with the ability to establish
measurable performance metrics;
``(F) action steps for implementation; and
``(G) any other elements necessary to ensure that the
plan results in a comprehensive and strategic approach
to rural economic development, as determined by the
Secretary.
``(3) Coordination.--The Secretary shall coordinate with
tribes and local, State, regional, and Federal partners to
develop strategic community investment plans under this
subsection.
``(4) Limitations on authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated $5,000,000 for fiscal years 2018 through
2023 to carry out this subsection.
``(B) Availability.--The amounts made available to
carry out this subsection are authorized to remain
available until expended.''.
SEC. 6202. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES.
(a) Certain Programs Under the Consolidated Farm and Rural
Development Act.--Section 343(a)(13) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``and guaranteed'';
and
(B) in the text--
(i) by striking ``and guaranteed''; and
(ii) by striking ``(1), (2), and (24)'' and
inserting ``(1) and (2)''; and
(2) in subparagraph (C)--
(A) by striking ``and guaranteed''; and
(B) by striking ``(21), and (24)'' and inserting
``and (21)''.
(b) Rural Broadband Program.--Paragraph (4)(A)(ii) of section 601(b)
of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)), as
redesignated by section 6114(2), is amended by inserting ``in the case
of a direct loan,'' before ``a city''.
SEC. 6203. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED LOANS.
(a) Certain Programs Under the Consolidated Farm and Rural
Development Act.--Section 333 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) in the case of an insured or guaranteed loan issued or
modified under section 306(a), charge and collect from the
recipient of the insured or guaranteed loan fees in such
amounts as are necessary so that the sum of the total amount of
fees so charged in each fiscal year and the total of the
amounts appropriated for all such insured or guaranteed loans
for the fiscal year equals the subsidy cost for the insured or
guaranteed loans in the fiscal year.''.
(b) Rural Broadband Program.--Section 601(c) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(c)), as amended by section
6114, is further amended by adding at the end the following:
``(4) Fees.--In the case of a loan guarantee issued or
modified under this section, the Secretary shall charge and
collect from the recipient of the guarantee fees in such
amounts as are necessary so that the sum of the total amount of
fees so charged in each fiscal year and the total of the
amounts appropriated for all such loan guarantees for the
fiscal year equals the subsidy cost for the loan guarantees in
the fiscal year.''.
SEC. 6204. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(2)(B)) is amended--
(1) in clause (iii), by striking ``$100,000'' each place it
appears and inserting ``$200,000''; and
(2) in clause (vii), by striking ``$30,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$15,000,000
for each of fiscal years 2019 through 2023''.
SEC. 6205. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE AND TRAINING
PROGRAMS.
(a) Section 306(a)(14)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(14)(A)) is amended--
(1) by striking ``and'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; and''; and
(3) by adding at the end the following:
``(iv) identify options to enhance long term
sustainability of rural water and waste systems
to include operational practices, revenue
enhancements, policy revisions, partnerships,
consolidation, regionalization, or contract
services.''.
(b) Section 306(a)(14)(C) of such Act (7 U.S.C. 1926(a)(14)(C)) is
amended by striking ``1 nor more than 3'' and inserting ``3 nor more
than 5''.
SEC. 6206. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(22)(B)) is amended by striking ``$20,000,000 for
fiscal year 2014'' and inserting ``$25,000,000 for fiscal year 2018''.
SEC. 6207. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking ``$10,000,000 for
each of fiscal years 2008 through 2018'' and inserting ``$5,000,000 for
each of fiscal years 2019 through 2023''.
SEC. 6208. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
Section 306A(i) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926a(i)) is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) Release.--
``(i) In general.--Except as provided in
clause (ii), funds reserved under subparagraph
(A) for a fiscal year shall be reserved only
until July 1 of the fiscal year.
``(ii) Exception.--In response to an eligible
community where the drinking water supplies are
inadequate due to a natural disaster, as
determined by the Secretary, including drought
or severe weather, the Secretary may provide
potable water under this section for an
additional period not to exceed 120 days beyond
the established period otherwise provided under
this section, in order to protect public
health.''; and
(2) in paragraph (2), by striking ``$35,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$27,000,000
for each of fiscal years 2019 through 2023''.
SEC. 6209. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
Section 306D(d)(1) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926d(d)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6210. HOUSEHOLD WATER WELL SYSTEMS.
Section 306E(d) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e(d)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6211. SOLID WASTE MANAGEMENT GRANTS.
Section 310B(b)(2) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6212. RURAL BUSINESS DEVELOPMENT GRANTS.
Section 310B(c)(4)(A) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932(c)(4)(A)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 6213. RURAL COOPERATIVE DEVELOPMENT GRANTS.
(a) In General.--Section 310B(e)(13) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(e)(13)) is amended by striking
``2018'' and inserting ``2023''.
(b) Technical Correction.--Section 310B(e)(11)(B)(i) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(e)(11)(B)(i)) is amended by striking ``(12)'' and inserting
``(13)''.
SEC. 6214. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD PRODUCTS.
Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6215. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS PROGRAM.
Section 310B(i)(4) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1932(i)(4)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6216. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B(j) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1932(j)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6217. INTERMEDIARY RELENDING PROGRAM.
Section 310H(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1936b(e)) is amended by striking ``$25,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$10,000,000 for each
of fiscal years 2019 through 2023''.
SEC. 6218. EXCLUSION OF PRISON POPULATIONS FROM DEFINITION OF RURAL
AREA.
Section 343(a)(13) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1991(a)(13) is amended--
(1) in subparagraph (A), by striking ``(G)'' and inserting
``(H)''; and
(2) by adding at the end the following:
``(H) Exclusion of populations incarcerated on a
long-term basis.--Populations of individuals
incarcerated on a long-term or regional basis shall not
be included in determining whether an area is `rural'
or a `rural area'.''.
SEC. 6219. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m) is amended--
(1) in subsection (g)(1), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 6220. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008p(d)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6221. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E(d) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s(d)) is amended to read as follows:
``(d) Funding.--There are authorized to be appropriated to carry out
this section $4,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 6222. HEALTH CARE SERVICES.
Section 379G(e) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008u(e)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6223. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 (U.S.C. 2009aa-12(a)) is
amended by striking ``2008 through 2018'' and inserting ``2019 through
2023''.
(b) Termination of Authority.--Section 382N of such Act (7 U.S.C.
2009aa-13) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6224. NORTHERN GREAT PLAINS REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 383N(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009bb-12(a)) is
amended by striking ``$30,000,000 for each of fiscal years 2008 through
2018'' and inserting ``$2,000,000 for each of fiscal years 2019 through
2023''.
(b) Termination of Authority.--Section 383O of such Act (7 U.S.C.
2009bb-13) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6225. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``2018'' and inserting
``2023''.
Subtitle D--Rural Electrification Act of 1936
SEC. 6301. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
Section 313A(f) of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1(f)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6302. EXPANSION OF 911 ACCESS.
Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C.
940e(d)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6303. IMPROVEMENTS TO THE GUARANTEED UNDERWRITER PROGRAM.
(a) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Guarantees.--
``(1) In general.--Subject to subsection (b), the Secretary
shall guarantee payments on bonds or notes issued by
cooperative or other lenders organized on a not-for-profit
basis, if the proceeds of the bonds or notes are used to make
utility infrastructure loans, or refinance bonds or notes
issued for such purposes, to a borrower that has at any time
received, or is eligible to receive, a loan under this Act.
``(2) Terms.--A bond or note guaranteed under this section
shall--
``(A) have a term of 35 years; and
``(B) by agreement between the Secretary and the
borrower, be repaid by the borrower by--
``(i) periodic installments of principal and
interest;
``(ii) periodic installments of interest and,
at the end of the term of the bond or note, by
the repayment of the outstanding principal; or
``(iii) a combination of the methods for
repayment provided under clauses (i) and
(ii).''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``for eligible
electrification or telephone purposes consistent with
this Act'' and inserting ``to borrowers described in
subsection (a)''; and
(B) in paragraph (3)--
(i) in subparagraph (A), by striking ``for
electrification or telephone purposes'' and
inserting ``to borrowers under this Act''; and
(ii) in subparagraph (C), by striking ``for
eligible purposes described in subsection (a)''
and inserting ``to borrowers described in
subsection (a)''.
(b)(1) The Secretary shall carry out section 313A of the Rural
Electrification Act of 1936 (7 U.S.C. 940c-1), including the amendments
made by this section, under a Notice of Solicitation of Applications
until all regulations necessary to carry out the amendments made by
this section are fully implemented.
(2) Paragraph (1) shall take effect on the date of the enactment of
this Act.
SEC. 6304. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT LOAN AND GRANT
PROGRAM.
(a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936 (7
U.S.C. 912(b)(3)(D)) is amended by striking ``313(b)(2)(A)'' and
inserting ``313(b)(2)''.
(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is amended--
(1) by striking all that precedes ``shall maintain'' and
inserting the following:
``(2) Rural economic development subaccount.--The
Secretary''; and
(2) by striking subparagraphs (B) through (E).
(c) Title III of such Act (7 U.S.C. 931-940h) is amended by inserting
after section 313A the following:
``SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS.
``(a) In General.--The Secretary shall provide grants or zero
interest loans to borrowers under this Act for the purpose of promoting
rural economic development and job creation projects, including funding
for project feasibility studies, start-up costs, incubator projects,
and other reasonable expenses for the purpose of fostering rural
development.
``(b) Repayments.--In the case of zero interest loans, the Secretary
shall establish such reasonable repayment terms as will encourage
borrower participation.
``(c) Proceeds.--All proceeds from the repayment of such loans made
under this section shall be returned to the subaccount that the
Secretary shall maintain in accordance with sections 313(b)(2) and
313B(f).
``(d) Number of Grants.--Loans and grants required under this section
shall be made during each fiscal year to the full extent of the amounts
made available under subsection (e).
``(e) Funding.--
``(1) Discretionary funding.--In addition to other funds that
are available to carry out this section, there is authorized to
be appropriated not more than $10,000,000 for each of fiscal
years 2019 through 2023 to carry out this section, to remain
available until expended.
``(2) Other funds.--In addition to the funds described in
paragraph (1), the Secretary shall use to provide grants and
loans under this section--
``(A) the interest differential sums credited to the
subaccount described in subsection (c); and
``(B) subject to section 313A(e)(2), the fees
described in subsection (c)(4) of such section.
``(f) Maintenance of Account.--The Secretary shall maintain the
subaccount described in section 313(b)(2), as in effect in fiscal year
2017, for purposes of carrying out this section.''.
(d) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1) is amended--
(1) in subsection (c)(4)--
(A) in subparagraph (A), by striking ``maintained
under section 313(b)(2)(A)'' and inserting ``that shall
be maintained as required by sections 313(b)(2) and
313B(f)''; and
(B) in subparagraph (B), by striking ``313(b)(2)(B)''
and inserting ``313(b)(2)''; and
(2) in subsection (e)(2), by striking `` maintained under
section 313(b)(2)(A)'' and inserting ``required to be
maintained by sections 313(b)(2) and 313B(f)''.
(e)(1) Subject to section 313B(e) of the Rural Electrification Act of
1936 (as added by this section), the Secretary of Agriculture shall
carry out the loan and grant program required under such section in the
same manner as the loan and grant program under section 313(b)(2) of
such Act is carried out on the day before the date of the enactment of
this Act, until such time as any regulations necessary to carry out the
amendments made by this section are fully implemented.
(2) Paragraph (1) shall take effect on the date of the enactment of
this Act.
Subtitle E--Farm Security and Rural Investment Act of 2002
SEC. 6401. RURAL ENERGY SAVINGS PROGRAM.
Section 6407 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107a) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Eligibility for other loans.--The Secretary shall not
include any debt incurred under this section in the calculation
of a borrower's debt-equity ratio for purposes of eligibility
for loans made pursuant to the Rural Electrification Act of
1936 (7 U.S.C. 901 et. seq.).''; and
(C) by adding at the end the following:
``(9) Accounting.--The Secretary shall take appropriate steps
to streamline the accounting requirements imposed on borrowers
under this section while maintaining adequate assurances of
repayment of the loan.'';
(2) in subsection (d)(1)(A), by striking ``3 percent'' and
inserting ``5 percent'';
(3) by redesignating subsection (h) as subsection (i);
(4) by inserting after subsection (g) the following:
``(h) Report to Congress.--Not later than 120 days after the end of
each fiscal year, the Secretary shall submit to the Committees on
Agriculture and Appropriations of the House of Representatives and the
Committees on Agriculture, Nutrition, and Forestry and Appropriations
of the Senate a report that describes--
``(1) the number of applications received under this section
in such fiscal year;
``(2) the number of loans made to eligible entities under
this section in such fiscal year; and
``(3) the recipients of such loans.''; and
(5) in subsection (i), as so redesignated, by striking
``2018'' and inserting ``2023''.
SEC. 6402. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8102) is amended--
(1) by amending subsection (i) to read as follows:
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2014 through 2023.''; and
(2) by adding at the end the following:
``(k) Wood and Wood-based Products.--Notwithstanding any other
provision of law, a Federal agency may not place limitations on the
procurement of wood and wood-based products that are more limiting than
those in this section.''.
SEC. 6403. BIOREFINERY, RENEWABLE, CHEMICAL, AND BIOBASED PRODUCT
MANUFACTURING ASSISTANCE.
Section 9003 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8103) is amended--
(1) in subsection (b)(3)(A), by striking ``and'' at the end
and inserting ``or''; and
(2) by amending subsection (g) to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2014 through 2023.''.
SEC. 6404. REPOWERING ASSISTANCE PROGRAM.
Section 9004(d) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8104(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2014 through 2023.''.
SEC. 6405. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8105) is amended--
(1) in subsection (e)--
(A) by striking ``The Secretary may'' and inserting
the following new paragraph:
``(1) Amount.--The Secretary shall''; and
(B) by adding at the end the following new paragraph:
``(2) Feedstock.--The total amount of payments made in a
fiscal year under this section to one or more eligible
producers for the production of advanced biofuels derived from
a single eligible commodity shall not exceed one-third of the
total amount of funds made available under subsection (g).'';
and
(2) in subsection (g)--
(A) by striking paragraphs (1) and (2) and inserting
the following new paragraph:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each of fiscal years 2019 through 2023.''; and
(B) by redesignating paragraph (3) as paragraph (2).
SEC. 6406. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8106(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 6407. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007(g) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107(g)) is amended--
(1) in paragraph (1)(E), by striking ``for fiscal year 2014
and each fiscal year thereafter'' and inserting ``for each of
the fiscal years 2014 through 2018''; and
(2) in paragraph (3), by striking ``2018'' and inserting
``2023''.
SEC. 6408. CATEGORICAL EXCLUSION FOR GRANTS AND FINANCIAL ASSISTANCE
MADE UNDER THE RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8107) is amended by adding at the end the following:
``(h) Categorical Exclusion.--The provision of a grant or financial
assistance under this section to any electric generating facility,
including one fueled with wind, solar, or biomass, that has a rating of
10 average megawatts or less is a category of actions hereby designated
as being categorically excluded from any requirement to prepare an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).''.
SEC. 6409. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.
Section 9009 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8109) is repealed.
SEC. 6410. FEEDSTOCK FLEXIBILITY.
Section 9010(b) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)(A), by striking ``2018'' and inserting
``2023''.
SEC. 6411. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011(f) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111(f)) is amended by striking paragraph (1) and inserting
the following new paragraph:
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023.''.
Subtitle F--Miscellaneous
SEC. 6501. VALUE-ADDED AGRICULTURAL PRODUCT MARKET DEVELOPMENT GRANTS.
Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1632a(b)(7)) is amended--
(1) in subparagraph (B), by striking ``$40,000,000 for each
of fiscal years 2008 through 2018'' and inserting ``$50,000,000
for each of fiscal years 2019 through 2023''; and
(2) by striking subparagraph (A) and redesignating
subparagraphs (B) and (C) as subparagraphs (A) and (B),
respectively.
SEC. 6502. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402(i) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1632b(i)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6503. REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT
COMMISSIONS.
Section 15751(a) of title 40, United States Code, is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6504. DEFINITION OF RURAL AREA FOR PURPOSES OF THE HOUSING ACT OF
1949.
The second sentence of section 520 of the Housing Act of 1949 (42
U.S.C. 1490) is amended--
(1) by striking ``or 2010 decennial census'' and inserting
``2010, or 2020 decennial census'';
(2) by striking ``December 31, 2010,'' and inserting
``December 31, 2020,'' ; and
(3) by striking ``year 2020'' and inserting ``year 2030''.
Subtitle G--Program Repeals
SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS.
(a) Consolidated Farm and Rural Development Act.--
(1) Repealers.--The following provisions of the Consolidated
Farm and Rural Development Act are hereby repealed:
(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
(B) Section 310B(f) (7 U.S.C. 1932(f)).
(C) Section 379 (7 U.S.C. 2008n).
(D) Section 379A (7 U.S.C. 2008o).
(E) Section 379C (7 U.S.C. 2008q).
(F) Section 379D (7 U.S.C. 2008r).
(G) Section 379F (7 U.S.C. 2008t).
(H) Subtitle I (7 U.S.C. 2009dd-2009dd-7).
(2) Conforming amendment.--Section 333A(h) of such Act (7
U.S.C. 1983a(h)) is amended by striking ``310B(f),''.
(b) Rural Electrification Act of 1936.--
(1) In general.--The following provisions of the Rural
Electrification Act of 1936 are hereby repealed:
(A) Section 314 (7 U.S.C. 940d).
(B) Section 602 (7 U.S.C. 950bb-1).
(2) Conforming amendment.--Sections 604 and 605 of such Act,
as added by sections 6102 and 6115 of this Act, are
redesignated as sections 602 and 604, respectively, and section
602 (as so redesignated) is transferred to just after section
601 of the Rural Electrification Act of 1936.
SEC. 6602. REPEAL OF RURAL TELEPHONE BANK.
(a) Repeal.--Title IV of the Rural Electrification Act of 1936 (7
U.S.C. 941-950b) is repealed.
(b) Conforming Amendments.--
(1) Section 18 of such Act (7 U.S.C. 918) is amended in each
of subsections (a) and (b) by striking ``and the Governor of
the telephone bank''.
(2) Section 204 of such Act (7 U.S.C. 925) is amended by
striking ``and the Governor of the telephone bank''.
(3) Section 205(a) of such Act (7 U.S.C. 926) is amended--
(A) in the matter preceding paragraph (1), by
striking ``and the Governor of the telephone bank'';
and
(B) in paragraph (2), by striking ``or the Governor
of the telephone bank''.
(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``and the Governor of the telephone bank'';
and
(B) in paragraph (4), by striking ``or 408''.
(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``and the Governor of the telephone bank'';
(B) in paragraph (1), by striking ``, or a Rural
Telephone Bank loan,''; and
(C) in paragraph (2), by striking ``, the Rural
Telephone Bank,''.
(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is amended--
(A) by striking ``305,'' and inserting `` 305 or'';
and
(B) by striking ``, or a loan under section 408,''.
(7) Section 301 of such Act (7 U.S.C. 931) is amended--
(A) in paragraph (3), by striking ``except for net
collection proceeds previously appropriated for the
purchase of class A stock in the Rural Telephone
Bank,'';
(B) by adding ``or'' at the end of paragraph (4);
(C) by striking ``; and'' at the end of paragraph (5)
and inserting a period; and
(D) by striking paragraph (6).
(8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B))
is amended--
(A) in clause (i), by striking ``and a loan under
section 408''; and
(B) in clause (ii), by striking ``and under section
408'' each place it appears.
(9) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C))
is amended by striking ``and section 408(b)(4)(C), the
Secretary and the Governor of the telephone bank'' and
inserting ``the Secretary''.
(10) Section 306 of such Act (7 U.S.C. 936) is amended by
striking ``the Rural Telephone Bank, National Rural Utilities
Cooperative Finance Corporation,'' and inserting ``the National
Rural Utilities Cooperative Finance Corporation''.
(11) Section 309 of such Act (7 U.S.C. 739) is amended by
striking the last sentence.
(12) Section 2352(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 901 note) is amended by
striking ``the Rural Telephone Bank and''.
(13) The first section of Public Law 92-12 (7 U.S.C. 921a) is
repealed.
(14) The first section of Public Law 92-324 (7 U.S.C. 921b)
is repealed.
(15) Section 1414 of the Omnibus Budget Reconciliation Act of
1987 (7 U.S.C. 944a) is repealed.
(16) Section 1411 of the Omnibus Budget Reconciliation Act of
1987 (7 U.S.C. 948 notes) is amended by striking subsections
(a) and (b).
(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended by striking ``or a loan or
loan commitment from the Rural Telephone Bank,''.
(18) Section 105(d) of the National Consumer Cooperative Bank
Act (12 U.S.C. 3015(d)) is amended by striking ``the Rural
Telephone Bank,''.
(19) Section 9101 of title 31, United States Code, is
amended--
(A) in paragraph (2), by striking subparagraph (H)
and redesignating subparagraphs (I), (J), and (K) as
subparagraphs (H), (I), and (J), respectively; and
(B) in paragraph (3), by striking subparagraph (K)
and redesignating subparagraphs (L) through (R) as
subparagraphs (K) through (P), respectively.
(20) Section 9108(d)(2) of title 31, United States Code, is
amended by striking ``the Rural Telephone Bank (when the
ownership, control, and operation of the Bank are converted
under section 410(a) of the Rural Electrification Act of 1936
(7 U.S.C. 950(a))),''.
SEC. 6603. AMENDMENTS TO LOCAL TV ACT.
The Launching Our Communities' Access to Local Television Act of 2000
(title X of H.R. 5548 of the 106th Congress, as enacted by section
1(a)(2) of Public Law 106-553; 114 Stat. 2762A-128) is amended--
(1) by striking the title heading and inserting the
following:
``TITLE X--SATELLITE CARRIER RETRANSMISSION ELIGIBILITY'';
(2) by striking sections 1001 through 1007 and 1009 through
1012; and
(3) by redesignating section 1008 as section 1001.
Subtitle H--Technical Corrections
SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting after
``nonprofit corporations'' the following: ``, Indian tribes (as defined
in section 4(e) of the Indian Self-Determination and Education
Assistance Act)''.
(2) The amendment made by this subsection shall take effect as if
included in section 773 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(H.R. 5426 of the 106th Congress, as enacted by Public Law 106-387 (114
Stat. 1549A-45)) in lieu of the amendment made by such section.
(b)(1) Section 309A(b) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1929a(b)) is amended by striking ``and section 308''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 661(c)(2) of the Federal
Agricultural Improvement and Reform Act of 1996 (Public Law 104-127).
(c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking
``and'' after the semicolon and inserting ``or''.
(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by inserting ``,
except that the Secretary shall not require non-Federal financial
support in an amount that is greater than 5 percent in the case of a
1994 institution (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382))'' before the period at the end.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 6015 of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171).
(e)(1) Section 381E(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 6012(b) of the Agricultural Act of
2014 (Public Law 113-79).
(f)(1) Section 382A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009aa) is amended by adding at the end the following:
``(4) Notwithstanding any other provision of law, the State
of Alabama shall be a full member of the Delta Regional
Authority and shall be entitled to all rights and privileges
that said membership affords to all other participating States
in the Delta Regional Authority.''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 153(b) of division B of H.R. 5666,
as introduced in the 106th Congress, and as enacted by section 1(4) of
the Consolidated Appropriations Act, 2001 (Appendix D of Public Law
106-554; 114 Stat. 2763A-252).
(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving clause
(iv) 2 ems to the right.
(h) Section 383G(c) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009bb-5(c)) is amended--
(1) in the subsection heading by striking ``Telecommunication
Renewable Energy,,'' and inserting ``Telecommunication,
Renewable Energy,''; and
(2) in the text, by striking ``,,'' and inserting a comma.
SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION ACT OF
1936.
(a) Section 201 of the Rural Electrification Act of 1936 (7 U.S.C.
922) is amended in the 3rd sentence by striking ``wildest'' and
inserting ``widest''.
(b)(1) Section 601(d)(8)(A)(ii)(V) of such Act (7 U.S.C.
950bb(d)(8)(A)(ii)(V)) is amended by striking the semicolon and
inserting a period.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 6104(a)(2)(E) of the Agricultural
Act of 2014 (Public Law 113-79).
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. INTERNATIONAL AGRICULTURE RESEARCH.
Section 1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) support international scientific collaboration that
leverages resources and advances the food and agricultural
interests of the United States.''.
SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS AND
DECLARATIONS.
(a) Study of Food and Agricultural Sciences.--
(1) Amendment.--Section 1404(14) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(14)) is amended--
(A) by amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Definition.--The terms `NLGCA
Institution' and `non-land-grant college of
agriculture' mean a public college or
university offering a baccalaureate or higher
degree in the study of agricultural sciences,
forestry, or both in any area of study
specified in clause (ii).
``(ii) Clarification.--For purposes of clause
(i), an area of study specified in this clause
is any of the following:
``(I) Agriculture.
``(II) Agricultural business and
management.
``(III) Agricultural economics.
``(IV) Agricultural mechanization.
``(V) Agricultural production
operations.
``(VI) Aquaculture.
``(VII) Agricultural and food
products processing.
``(VIII) Agricultural and domestic
animal services.
``(IX) Equestrian or equine studies.
``(X) Applied horticulture or
horticulture operations.
``(XI) Ornamental horticulture.
``(XII) Greenhouse operations and
management.
``(XIII) Turf and turfgrass
management.
``(XIV) Plant nursery operations and
management.
``(XV) Floriculture or floristry
operations and management.
``(XVI) International agriculture.
``(XVII) Agricultural public
services.
``(XVIII) Agricultural and extension
education services.
``(XIX) Agricultural communication or
agricultural journalism.
``(XX) Animal sciences.
``(XXI) Food science.
``(XXII) Plant sciences.
``(XXIII) Soil sciences.
``(XXIV) Forestry.
``(XXV) Forest sciences and biology.
``(XXVI) Natural resources or
conservation.
``(XXVII) Natural resources
management and policy.
``(XXVIII) Natural resource
economics.
``(XXIX) Urban forestry.
``(XXX) Wood science and wood
products or pulp or paper technology.
``(XXXI) Range science and
management.
``(XXXII) Agricultural
engineering.''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
inserting ``any institution designated under''
after ``include'';
(ii) by striking clause (i); and
(iii) in clause (ii)--
(I) by striking ``(ii) any
institution designated under--'';
(II) by striking subclause (IV);
(III) in subclause (II), by adding
``or'' at the end;
(IV) in subclause (III), by striking
``; or'' at the end and inserting a
period; and
(V) by redesignating subclauses (I),
(II), and (III) (as so amended) as
clauses (i), (ii), and (iii),
respectively, and by moving the margins
of such clauses (as so redesignated)
two ems to the left.
(2) Designation review.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
establish a process to review each designated NLGCA
Institution (as defined in section 1404(14)(A) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure
compliance with such section, as amended by this
subsection.
(B) Violation.--An NLGCA Institution that the
Secretary determines under subparagraph (A) to be not
in compliance shall have the designation of such
institution revoked.
(b) Termination of Certain Declarations of Intent.--Section 1404 of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3103) is amended--
(1) in paragraph (5)(B), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (10)(C), by striking ``2018'' and inserting
``2023''.
SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
Section 1408 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``25'' and
inserting ``15''; and
(B) by amending paragraph (3) to read as follows:
``(3) Membership categories.--The Advisory Board shall
consist of members from each of the following categories:
``(A) 3 members representing national farm or
producer organizations, which may include members--
``(i) representing farm cooperatives;
``(ii) who are producers actively engaged in
the production of a food animal commodity and
who are recommended by a coalition of national
livestock organizations;
``(iii) who are producers actively engaged in
the production of a plant commodity and who are
recommended by a coalition of national crop
organizations; or
``(iv) who are producers actively engaged in
aquaculture and who are recommended by a
coalition of national aquacultural
organizations.
``(B) 2 members representing academic or research
societies, which may include members representing--
``(i) a national food animal science society;
``(ii) a national crop, soil, agronomy,
horticulture, plant pathology, or weed science
society;
``(iii) a national food science organization;
``(iv) a national human health association;
or
``(v) a national nutritional science society.
``(C) 5 members representing agricultural research,
extension, and education, which shall include each of
the following:
``(i) 1 member representing the land-grant
colleges and universities eligible to receive
funds under the Act of July 2, 1862 (7 U.S.C.
301 et seq.).
``(ii) 1 member representing the land-grant
colleges and universities eligible to receive
funds under the Act of August 30, 1890 (7
U.S.C. 321 et seq.), including Tuskegee
University.
``(iii) 1 member representing the 1994
Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of
1994 (7 U.S.C. 301 note; Public Law 103-382)).
``(iv) 1 member representing NLGCA
Institutions or Hispanic-serving institutions.
``(v) 1 member representing the American
Colleges of Veterinary Medicine.
``(D) 5 members representing industry, consumer, or
rural interests, including members representing--
``(i) entities engaged in transportation of
food and agricultural products to domestic and
foreign markets;
``(ii) food retailing and marketing
interests;
``(iii) food and fiber processors;
``(iv) rural economic development interests;
``(v) a national consumer interest group;
``(vi) a national forestry group;
``(vii) a national conservation or natural
resource group;
``(viii) a national social science
association; or
``(ix) private sector organizations involved
in international development.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A),
by striking ``review and'' and inserting ``make
recommendations, review, and'';
(ii) by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) long-term and short-term national policies and
priorities consistent with the--
``(i) purposes specified in section 1402 for
agricultural research, extension, education,
and economics; and
``(ii) priority areas of the Agriculture and
Food Research Initiative specified in
subsection (b)(2) of the Competitive, Special,
and Facilities Research Grant Act (7 U.S.C.
3157(b)(2));''; and
(iii) in subparagraph (B), by striking clause
(i) and inserting the following new clause:
``(i) are in accordance with the--
``(I) purposes specified in a
provision of a covered law (as defined
in subsection (d) of section 1492)
under which competitive grants
(described in subsection (c) of such
section) are awarded; and
``(II) priority areas of the
Agriculture and Food Research
Initiative specified in subsection
(b)(2) of the Competitive, Special, and
Facilities Research Grant Act (7 U.S.C.
3157(b)(2)); and'';
(B) in paragraph (2), by inserting ``and make
recommendations to the Secretary based on such
evaluation'' after ``priorities''; and
(C) in paragraph (4), by inserting ``and make
recommendations on'' after ``review''; and
(3) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7104. SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)) is amended--
(1) in subparagraph (A), by striking ``speciality'' and
inserting ``specialty'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking
``9'' and inserting ``11''; and
(B) in clause (i), by striking ``Three'' and
inserting ``Five''; and
(3) in subparagraph (D), by striking ``2018'' and inserting
``2023''.
SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.
Subtitle B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended by
striking section 1408B.
SEC. 7106. REPORT ON ALLOCATIONS AND MATCHING FUNDS FOR 1890
INSTITUTIONS.
The Secretary of Agriculture shall annually transmit to Congress a
report on the allocations made to, and matching funds received by,
eligible institutions pursuant to sections 1444 and 1445 of the
National Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221, 3222).
SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE SCIENCES
EDUCATION.
Section 1417(m)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A(e) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITUTIONS AND
NATIVE HAWAIIAN SERVING INSTITUTIONS.
Section 1419B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended--
(1) in subsection (a)(3), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (b)(3), by striking ``2018'' and inserting
``2023''.
SEC. 7110. REPEAL OF NUTRITION EDUCATION PROGRAM.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by striking section 1425 (7 U.S.C. 3175).
SEC. 7111. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH PROGRAMS.
Section 1433(c)(1) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7112. EXTENSION CARRYOVER AT 1890 LAND-GRANT COLLEGES, INCLUDING
TUSKEGEE UNIVERSITY.
Effective on October 1, 2018, section 1444(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3221(a)) is amended by striking paragraph (4).
SEC. 7113. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
Subtitle G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1445
(7 U.S.C. 3222) the following new section:
``SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
``(a) In General.--
``(1) Scholarship grant program established.--The Secretary
shall establish and carry out a grant program to make grants to
each college or university eligible to receive funds under the
Act of August 30, 1890 (commonly known as the Second Morrill
Act; 7 U.S.C. 322 et seq.), including Tuskegee University, for
purposes of awarding scholarships to individuals who--
``(A) have been accepted for admission at such
college or university;
``(B) will be enrolled at such college or university
not later than one year after the date of such
acceptance; and
``(C) intend to pursue a career in the food and
agricultural sciences, including a career in--
``(i) agribusiness;
``(ii) energy and renewable fuels; or
``(iii) financial management.
``(2) Amount of grant.--Each grant made under this section
shall be in the amount of $1,000,000.
``(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $19,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7114. 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. 7115. 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. 7116. 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. 7117. LAND-GRANT DESIGNATION.
Subtitle C of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by
adding at the end the following new section:
``SEC. 1419C. LAND-GRANT DESIGNATION.
``(a) In General.--Notwithstanding any other provision of law,
beginning on the date of the enactment of this section, no additional
entity may be designated as eligible to receive funds under a covered
program.
``(b) State Funding.--No State shall receive an increase in funding
under a covered program as a result of the State's designation of
additional entities as eligible to receive such funding.
``(c) Covered Program Defined.--For purposes of this section, the
term `covered program' means agricultural research, extension,
education, and related programs or grants established or available
under any of the following:
``(1) Subsections (b), (c), and (d) of section 3 of the
Smith-Lever Act (7 U.S.C. 343).
``(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).
``(3) Sections 1444, 1445, and 1447 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3221; 3222; 3222b).
``(4) Public Law 87-788 (commonly known as the McIntire-
Stennis Cooperative Forestry Act; 16 U.S.C. 582a et seq.).
``(d) Exception.--Nothing in this section shall be construed as
limiting eligibility for a capacity and infrastructure program
specified in section 251(f)(1)(C) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that is not a
covered program. ''.
SEC. 7118. 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. 7119. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL RESEARCH,
EDUCATION, AND EXTENSION PROGRAMS.
Section 1462 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended--
(1) in subsection (a), by striking ``22 percent'' and
inserting ``30 percent'';
(2) in subsection (b), by striking ``Subsection (a)'' and
inserting ``Subsections (a) and (c)''; and
(3) by adding at the end the following:
``(c) Treatment of Subgrants.--In the case of a grant described in
subsection (a), the limitation on indirect costs specified in such
subsection shall be applied to both the initial grant award and any
subgrant of the Federal funds provided under the initial grant award so
that the total of all indirect costs charged against the total of the
Federal funds provided under the initial grant award does not exceed
such limitation.''.
SEC. 7120. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1462 (7 U.S.C. 3310)
the following new section:
``SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
``(a) In General.--The Secretary may make competitive grants for the
acquisition of special purpose scientific research equipment for use in
the food and agricultural sciences programs of eligible institutions.
``(b) Maximum Amount.--The amount of a grant made to an eligible
institution under this section may not exceed $500,000.
``(c) Prohibition on Charge or Equipment as Indirect Costs.--The cost
of acquisition or depreciation of equipment purchased with a grant
under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for purposes
of calculating the indirect cost rate of an eligible
institution.
``(d) Eligible Institutions Defined.--In this section, the term
`eligible institution' means--
``(1) a college or university; or
``(2) a State cooperative institution.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7121. 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. 7122. 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. 7123. SUPPLEMENTAL AND ALTERNATIVE CROPS.
Section 1473D of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``crops,'' and inserting ``crops
(including canola),'';
(2) in subsection (b)--
(A) by inserting ``for agronomic rotational purposes
and for use as a habitat for honey bees and other
pollinators'' after ``alternative crops''; and
(B) by striking ``commodities whose'' and all that
follows through the period at the end and inserting
``commodities.''; and
(3) in subsection (e)(2), by striking ``2018'' and inserting
``2023''.
SEC. 7124. 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. 7125. 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. 7126. RANGELAND RESEARCH PROGRAMS.
Section 1483(a)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7127. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) $30,000,000 for each of fiscal years 2019 through
2023.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
inserting ``and cooperative agreements'' after
``competitive grants'';
(B) in paragraph (3), by striking ``make competitive
grants'' and inserting ``award competitive grants and
cooperative agreements''; and
(C) by adding at the end the following new paragraph:
``(5) To coordinate the tactical science activities of the
Research, Education, and Economics mission area of the
Department that protect the integrity, reliability,
sustainability, and profitability of the food and agricultural
system of the United States against biosecurity threats from
pests, diseases, contaminants, and disasters.''.
SEC. 7128. 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. 7129. REMOVAL OF MATCHING FUNDS REQUIREMENT FOR CERTAIN GRANTS.
Section 1492(d) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3371(d)) is amended by
striking paragraph (5).
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5814) is amended in the first sentence by striking
``2018'' and inserting ``2023''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5821(d)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER
PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5832(i)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7205. NATIONAL GENETICS RESOURCES PROGRAM.
Section 1635(b)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5844(b)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7206. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5855(c)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7207. AGRICULTURAL GENOME TO PHENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5924) is amended--
(1) in the section heading, by inserting ``to phenome'' after
``genome'';
(2) by amending subsection (a) to read as follows:
``(a) Goals.--The goals of this section are--
``(1) to expand knowledge concerning genomes and phenomes of
crops of importance to United States agriculture;
``(2) to understand how variable weather, environments, and
production systems impact the growth and productivity of
specific varieties of crops, thereby providing greater accuracy
in predicting crop performance under variable growing
conditions;
``(3) to support research that leverages plant genomic
information with phenotypic and environmental data through an
interdisciplinary framework, leading to a novel understanding
of plant processes that affect crop growth, productivity, and
the ability to predict crop performance, resulting in the
deployment of superior varieties to growers and improved crop
management recommendations for farmers;
``(4) to promote and coordinate research linking genomics and
predictive phenomics at different sites nationally to achieve
advances in crops that generate societal benefits;
``(5) to combine fields such as genetics, genomics, plant
physiology, agronomy, climatology, and crop modeling with
computation and informatics, statistics, and engineering;
``(6) to focus on crops that will yield scientifically
important results that will enhance the usefulness of many
other crops;
``(7) to build on genomic research, such as the Plant Genome
Research Project, to understand gene function in production
environments that are expected to have considerable payoffs for
crops of importance to United States agriculture;
``(8) to develop improved data analytics to enhance
understanding of the biological function of crop genes;
``(9) to allow resources developed under this section,
including data, software, germplasm, and other biological
materials, to be openly accessible to all persons, subject to
any confidentiality requirements imposed by law; and
``(10) to encourage international partnerships with each
partner country responsible for financing its own research.'';
(3) by amending subsection (b) to read as follows:
``(b) Duties of Secretary.--The Secretary of Agriculture shall
conduct a research initiative (to be known as the `Agricultural Genome
to Phenome Initiative') for the purpose of--
``(1) studying agriculturally significant crops in production
environments to achieve sustainable and secure agricultural
production;
``(2) ensuring that current gaps in existing knowledge of
agricultural crop genetics and phenomics knowledge are filled;
``(3) identifying and developing a functional understanding
of agronomically relevant genes from crops of importance to
United States agriculture;
``(4) ensuring future genetic improvement of crops of
importance to United States agriculture;
``(5) studying the relevance of diverse germplasm as a source
of unique genes that may be of importance to United States
agriculture in the future;
``(6) enhancing crop genetics to reduce the economic impact
of plant pathogens on crops of importance to United States
agriculture; and
``(7) disseminating findings to relevant audiences.'';
(4) in subsection (c)(1), by inserting ``, acting through the
National Institute of Food and Agriculture,'' after ``The
Secretary'';
(5) in subsection (e), by inserting ``to Phenome'' after
``Genome''; and
(6) by adding at the end the following new subsection:
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7208. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5925) is amended--
(1) in subsection (d)--
(A) in paragraph (8)--
(i) in the heading, by striking ``Alfalfa and
forage'' and inserting ``Alfalfa seed and
alfalfa forage systems'';
(ii) by striking ``alfalfa and forage'' and
inserting ``alfalfa seed and alfalfa forage
systems''; and
(iii) by striking ``alfalfa and other
forages, and'' and inserting ``alfalfa seed and
other alfalfa forage''; and
(B) by adding at the end the following new
paragraphs:
``(11) Macadamia tree health initiative.--Research and
extension grants may be made under this section for the
purposes of--
``(A) developing and disseminating science-based
tools and treatments to combat the macadamia felted
coccid (Eriococcus ironsidei); and
``(B) establishing an areawide integrated pest
management program in areas affected by, or areas at
risk of being affected by, the macadamia felted coccid.
``(12) National turfgrass research initiative.--Research and
extension grants may be made under this section for the
purposes of--
``(A) carrying out or enhancing research related to
turfgrass and sod issues;
``(B) enhancing production and uses of turfgrass for
the general public;
``(C) identifying new turfgrass varieties with
superior drought, heat, cold, and pest tolerance to
reduce water, fertilizer, and pesticide use;
``(D) selecting genetically superior turfgrasses and
developing improved technologies for managing
commercial, residential, and recreational turfgrass
areas;
``(E) producing turfgrasses that--
``(i) aid in mitigating soil erosion;
``(ii) protect against pollutant runoff into
waterways; or
``(iii) provide other environmental benefits;
``(F) investigating, preserving, and protecting
native plant species, including grasses not currently
utilized in turfgrass systems;
``(G) creating systems for more economical and viable
turfgrass seed and sod production throughout the United
States; and
``(H) investigating the turfgrass phytobiome and
developing biologic products to enhance soil, enrich
plants, and mitigate pests.
``(13) Fertilizer management initiative.--
``(A) In general.--Research and extension grants may
be made under this section for the purpose of carrying
out research to improve fertilizer use efficiency in
crops--
``(i) to maximize crop yield; and
``(ii) to minimize nutrient losses to surface
and groundwater and the atmosphere.
``(B) Priority.--In awarding grants under
subparagraph (A), the Secretary shall give priority to
research examining the impact of the source, rate,
timing, and placement of plant nutrients.
``(14) Cattle fever tick program.--Research and extension
grants may be made under this section to study cattle fever
ticks--
``(A) to facilitate the understanding of the role of
wildlife in the persistence and spread of cattle fever
ticks;
``(B) to develop advanced methods for eradication of
cattle fever ticks, including--
``(i) alternative treatment methods for
cattle and other susceptible species;
``(ii) field treatment for premises,
including corral pens and pasture loafing
areas;
``(iii) methods for treatment and control on
infested wildlife;
``(iv) biological control agents; and
``(v) new and improved vaccines;
``(C) to evaluate rangeland vegetation that impacts
the survival of cattle fever ticks;
``(D) to improve management of diseases relating to
cattle fever ticks that are associated with wildlife,
livestock, and human health;
``(E) to improve diagnostic detection of tick-
infested or infected animals and pastures; and
``(F) to conduct outreach to impacted ranchers,
hunters, and landowners to integrate tactics and
document sustainability of best practices.
``(15) Laying hen and turkey research program.--Research
grants may be made under this section for the purpose of
improving the efficiency and sustainability of laying hen and
turkey production through integrated, collaborative research
and technology transfer. Emphasis may be placed on laying hen
and turkey disease prevention, antimicrobial resistance,
nutrition, gut health, and alternative housing systems under
extreme seasonal weather conditions.
``(16) Algae agriculture research program.--Research and
extension grants may be made under this section for the
development and testing of algae and algae systems (including
micro- and macro-algae systems).'';
(2) in subsection (e)(5), by striking ``2018'' and inserting
``2023'';
(3) in subsection (f)(5), by striking ``2018'' and inserting
``2023'';
(4) in subsection (g), by striking ``2018'' each place it
appears and inserting ``2023''; and
(5) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7209. ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)(7), by inserting ``, soil health,''
after ``conservation''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and''
at the end;
(ii) in subparagraph (C), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraph:
``(D) $30,000,000 for each of fiscal years 2019
through 2023.''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``for fiscal years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting
``2023''.
SEC. 7210. FARM BUSINESS MANAGEMENT.
Section 1672D of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925f) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may make competitive research and
extension grants for the purpose of improving the farm management
knowledge and skills of agricultural producers by maintaining and
expanding a national, publicly available farm financial management
database to support improved farm management.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and producer''
and inserting ``educational programs and''; and
(B) in paragraph (4), by striking ``use and support''
and inserting ``contribute data to''; and
(3) in subsection (d)(2), by striking ``2018'' and inserting
``2023''.
SEC. 7211. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE
TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(7) Clarification of application of provisions to veterans
with disabilities.--This subsection shall apply with respect to
veterans with disabilities, and their families, who--
``(A) are engaged in farming or farm-related
occupations; or
``(B) are pursuing new farming opportunities.'';
(2) in subsection (b)--
(A) by inserting ``(including veterans)'' after
``individuals''; and
(B) by inserting ``or, in the case of veterans with
disabilities, who are pursuing new farming
opportunities'' before the period at the end; and
(3) in subsection (c)(1)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7212. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2018'' and
inserting ``2023''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7300. ENDING LIMITATION ON FUNDING UNDER NATIONAL FOOD SAFETY
TRAINING, EDUCATION, EXTENSION, OUTREACH, AND
TECHNICAL ASSISTANCE PROGRAM.
Section 405(e)(3) of the Agricultural Research, Extension, And
Education Reform Act of 1998 (7 U.S.C. 7625(e)(3)) is amended to read
as follows:
``(3) Term of grant.--A grant under this section shall have a
term that is not more than 3 years.''.
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.
Section 405(j) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7625(j)) is amended by striking ``2011
through 2015'' and inserting ``2019 through 2023''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE
GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT, TRITICALE,
AND BARLEY CAUSED BY FUSARIUM GRAMINEARUM OR BY
TILLETIA INDICA.
Section 408(e)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) Elements of Initiative.--Section 412(b) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (E), by adding ``and'' at the
end; and
(C) by adding at the end the following new
subparagraph:
``(F) size-controlling rootstock systems for
perennial crops;'';
(2) in paragraph (2)--
(A) by striking ``including threats to specialty crop
pollinators;'' and inserting the following:
``including--
``(A) threats to specialty crop pollinators; and'';
and
(B) by adding at the end the following new
subparagraph:
``(B) emerging and invasive species;'';
(3) in paragraph (3), by striking ``marketing);'' and
inserting the following: ``marketing) and a better
understanding of the soil rhizosphere microbiome, including--
``(A) pesticide application systems and certified
drift-reduction technologies; and
``(B) systems to improve and extend storage life of
specialty crops;'';
(4) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively;
(5) by inserting after paragraph (3) the following new
paragraph:
``(4) efforts to promote a more effective understanding and
use of existing natural enemy complexes;''; and
(6) in paragraph (5) (as redesignated by paragraph (4))--
(A) by striking ``including improved mechanization
and technologies that delay or inhibit ripening; and''
and inserting the following: ``including--
``(A) technologies that delay or inhibit ripening;'';
and
(B) by adding at the end the following new
subparagraphs:
``(B) mechanization and automation of labor-intensive
tasks on farms and in packing facilities;
``(C) decision support systems driven by phenology
and environmental factors;
``(D) improved monitoring systems for agricultural
pests; and
``(E) effective systems for pre- and post-harvest
management of quarantine pests; and''.
(b) Emergency Citrus Disease Research and Extension Program.--Section
412 of the Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7632) is amended--
(1) in subsection (j)(5), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (k)(1)(C), by striking ``2018'' and
inserting ``2023''.
(c) Authorization of Appropriations.--Section 412(k)(2) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(k)(2)) is amended--
(1) in the subsection heading, by striking ``2018'' and
inserting ``2023''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Section 617(f)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c)(2) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8912(c)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8913) is amended--
(1) in subsection (a)(2)(B), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(2)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7403. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
Section 14121(b)(2) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8921(b)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e)(2) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8922(e)(2)) is amended by striking ``2018'' and inserting
``2023''.
PART II--MISCELLANEOUS
SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019) is amended by striking ``10-year
period'' and inserting ``15-year period''.
SEC. 7412. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5937(e)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7413. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8114(g)) is amended by striking ``2018'' and inserting ``2023''.
Subtitle E--Amendments to Other Laws
SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.
Section 16(a)(2) of the Critical Agricultural Materials Act (7 U.S.C.
178n(a)(2)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) 1994 Institution Defined.--Section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended to read as follows:
``SEC. 532. DEFINITION OF 1994 INSTITUTION.
``In this part, the term `1994 Institution' means any of the
following colleges:
``(1) Aaniiih Nakoda College.
``(2) Bay Mills Community College.
``(3) Blackfeet Community College.
``(4) Cankdeska Cikana Community College.
``(5) Chief Dull Knife College.
``(6) College of Menominee Nation.
``(7) College of the Muscogee Nation.
``(8) D-Q University.
``(9) Dine College.
``(10) Fond du Lac Tribal and Community College.
``(11) Fort Peck Community College.
``(12) Haskell Indian Nations University.
``(13) Ilisagvik College.
``(14) Institute of American Indian and Alaska Native Culture
and Arts Development.
``(15) Keweenaw Bay Ojibwa Community College.
``(16) Lac Courte Oreilles Ojibwa Community College.
``(17) Leech Lake Tribal College.
``(18) Little Big Horn College.
``(19) Little Priest Tribal College.
``(20) Navajo Technical University.
``(21) Nebraska Indian Community College.
``(22) Northwest Indian College.
``(23) Nueta Hidatsa Sahnish College.
``(24) Oglala Lakota College.
``(25) Red Lake Nation College.
``(26) Saginaw Chippewa Tribal College.
``(27) Salish Kootenai College.
``(28) Sinte Gleska University.
``(29) Sisseton Wahpeton College.
``(30) Sitting Bull College.
``(31) Southwestern Indian Polytechnic Institute.
``(32) Stone Child College.
``(33) Tohono O'odham Community College.
``(34) Turtle Mountain Community College.
``(35) United Tribes Technical College.
``(36) White Earth Tribal and Community College.''.
(b) Endowment for 1994 Institutions.--Section 533(b) of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended in the first sentence by striking ``2018'' and
inserting ``2023''.
(c) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2018'' each place it
appears in subsections (b)(1) and (c) and inserting ``2023''.
(d) Research Grants.--Section 536(c) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)
is amended in the first sentence by striking ``2018'' and inserting
``2023''.
SEC. 7503. RESEARCH FACILITIES ACT.
(a) Agricultural Research Facility Defined.--The Research Facilities
Act is amended--
(1) in section 2(1) (7 U.S.C. 390(1)) by striking ``a
college, university, or nonprofit institution'' and inserting
``an entity eligible to receive funds under a capacity and
infrastructure program (as defined in section 251(f)(1)(C) of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(C)))''; and
(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by
striking ``recipient college, university, or nonprofit
institution'' and inserting ``recipient entity''.
(b) Long-term Support.--Section 3(c)(2)(D) of the Research Facilities
Act (7 U.S.C. 390a(c)(2)(D)), as amended by subsection (a), is further
amended by striking ``operating costs'' and inserting ``operating and
maintenance costs''.
(c) Competitive Grant Program.--The Research Facilities Act is
amended by inserting after section 3 (7 U.S.C. 390a) the following new
section:
``SEC. 4. COMPETITIVE GRANT PROGRAM.
``The Secretary shall establish a program to make competitive grants
to assist in the construction, alteration, acquisition, modernization,
renovation, or remodeling of agricultural research facilities.''.
(d) Authorization of Appropriations and Funding Limitations.--Section
6 of the Research Facilities Act (7 U.S.C. 390d) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (b),'' and inserting
``subsections (b), (c), and (d),'';
(B) by striking ``2018'' and inserting ``2023''; and
(C) by adding at the end the following new sentence:
``Funds appropriated pursuant to the preceding sentence
shall be available until expended.''; and
(2) by adding at the end the following new subsections:
``(c) Maximum Amount.--Not more than 25 percent of the funds made
available pursuant to subsection (a) for any fiscal year shall be used
for any single agricultural research facility project.
``(d) Project Limitation.--An entity eligible to receive funds under
this Act may receive funds for only one project at a time.''.
SEC. 7504. COMPETITIVE, SPECIAL, AND FACILITIES RESEARCH GRANT ACT.
Subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D)--
(i) by redesignating clauses (iii) through
(vii) as clauses (iv) through (viii),
respectively; and
(ii) by inserting after clause (ii) the
following new clause:
``(iii) soil health;'';
(B) in subparagraph (E)--
(i) in clause (iii), by striking ``and'' at
the end;
(ii) in clause (iv), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following new
clause:
``(v) tools that accelerate the use of
automation or mechanization for labor-intensive
tasks in the production and distribution of
crops.''; and
(C) in subparagraph (F)--
(i) in clause (vi), by striking ``and'' at
the end;
(ii) in clause (vii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following new
clause:
``(viii) barriers and bridges to entry and
farm viability for young, beginning, socially
disadvantaged, veteran, and immigrant farmers
and ranchers, including farm succession,
transition, transfer, entry, and profitability
issues.'';
(2) in paragraph (5)--
(A) in subparagraph (A)(ii), by striking ``and'' at
the end; and
(B) in subparagraph (B), by striking the period at
the end and inserting the following: ``that--
``(i) is of national scope; or
``(ii) is commodity-specific, so long as any
such funds allocated for commodity-specific
research are matched with funds from a non-
Federal source at least equal to the amount of
such funds so allocated.'';
(3) in paragraph (9)--
(A) in subparagraph (A), by striking clause (iii);
and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``clauses (ii)
and (iii)'' and inserting ``clause (ii)''; and
(ii) by striking clause (iii); and
(4) in paragraph (11)(A)--
(A) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023''; and
(B) in clause (ii), by striking ``4'' and inserting
``5''.
SEC. 7505. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the Renewable
Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the
first sentence by striking ``2018'' and inserting ``2023''.
(b) Termination Date.--Section 8 of the Renewable Resources Extension
Act of 1978 (16 U.S.C. 1671 note; Public Law 95-306) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7506. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809)
is amended by striking ``2018'' each place it appears and inserting
``2023''.
SEC. 7507. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM.
Section 7405 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f) is amended--
(1) by striking subsection (b) and redesignating subsection
(c) as subsection (b);
(2) in subsection (b), as so redesignated--
(A) in the heading, by striking ``Grants'' and
inserting ``Programs'';
(B) by amending paragraph (1) to read as follows:
``(1) In general.--The Secretary shall establish a beginning
farmer and rancher development program to provide training,
education, outreach, and technical assistance initiatives to
increase opportunities for beginning farmers or ranchers.'';
(C) by inserting ``or cooperative agreements'' after
``grants'' each place it appears;
(D) by inserting ``or cooperative agreement'' after
``grant'' each place it appears;
(E) by striking ``subsection'' each place it appears
and inserting ``section'';
(F) by amending paragraph (4) to read as follows:
``(4) Matching requirement.--
``(A) In general.--Except as provided in subparagraph
(B), to be eligible to receive a grant under this
subsection, a recipient shall provide a match in the
form of cash or in-kind contributions in an amount
equal to 25 percent of the funds provided by the grant.
``(B) Exception.--The Secretary may waive or reduce
the matching requirement in subparagraph (A) if the
Secretary determines such a waiver or modification is
necessary to effectively reach an underserved area or
population.''; and
(G) by striking paragraph (8), and redesignating
paragraphs (9), (10), (11), and (12) as paragraphs (8),
(9), (10), and (11), respectively;
(3) by inserting after subsection (b), as so redesignated,
the following new subsection:
``(c) Grant Requirements.--
``(1) In general.--In carrying out this section, the
Secretary shall make competitive grants to support new and
established local and regional training, education, outreach,
and technical assistance initiatives to increase opportunities
for beginning farmers or ranchers, including programs and
services (as appropriate) relating to--
``(A) basic livestock, forest management, and crop
farming practices;
``(B) innovative farm, ranch, and private
nonindustrial forest land access, and transfer and
succession strategies and programs;
``(C) entrepreneurship and business training;
``(D) financial and risk management training
(including the acquisition and management of
agricultural credit);
``(E) natural resource management and planning;
``(F) diversification and marketing strategies;
``(G) curriculum development;
``(H) mentoring, apprenticeships, and internships;
``(I) resources and referral;
``(J) farm financial benchmarking;
``(K) technical assistance to help beginning farmers
or ranchers acquire land from retiring farmers and
ranchers;
``(L) agricultural rehabilitation and vocational
training for veterans;
``(M) food safety (including good agricultural
practices training);
``(N) farm safety and awareness; and
``(O) other similar subject areas of use to beginning
farmers or ranchers.
``(2) Set-aside.--
``(A) In general.--Not less than 5 percent of the
funds used to carry out this subsection for a fiscal
year shall be used to support programs and services
that address the needs of--
``(i) limited resource beginning farmers or
ranchers (as defined by the Secretary);
``(ii) socially disadvantaged farmers or
ranchers (as defined in section 355(e) of the
Consolidated Farm and Rural Development Act (7
U.S.C. 2003(e))) who are beginning farmers and
ranchers; and
``(iii) farmworkers desiring to become
farmers or ranchers.
``(B) Veteran farmers and ranchers.--Not less than 5
percent of the funds used to carry out this subsection
for a fiscal year shall be used to support programs and
services that address the needs of veteran farmers and
ranchers (as defined in section 2501(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(e))).'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``and conduct'' and inserting
``, conduct''; and
(ii) by striking the period at the end and
inserting ``, or provide training and technical
assistance initiatives for beginning farmers or
ranchers or for trainers and service providers
that work with beginning farmers or
ranchers.''; and
(B) in paragraph (2)--
(i) by inserting ``, educational programs and
workshops, or training and technical assistance
initiatives'' after ``curricula''; and
(ii) by striking ``modules'' and inserting
``content'';
(5) in subsection (g)--
(A) by inserting ``(including retiring farmers and
nonfarming landowners)'' before ``from participating in
programs''; and
(B) by striking ``educating'' and inserting
``increasing opportunities for''; and
(6) in subsection (h)--
(A) in paragraph (1)--
(i) in the heading, by striking ``for fiscal
years 2009 through 2018''; and
(ii) in subparagraph (C), by striking
``2018'' and inserting ``2023'';
(B) in paragraph (2)--
(i) in the paragraph heading, by striking
``for fiscal years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting
``2023''; and
(C) by striking paragraph (3).
SEC. 7508. FEDERAL AGRICULTURE RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (title XIV of Public Law 99-198;
99 Stat. 1556) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7509. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008(h) of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8108(h)) is amended to read as follows:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2019 through 2023.''.
Subtitle F--Other Matters
SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM.
(a) Transition to Permanent Program.--Section 308 of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 3125a note) is amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (a), by striking ``pilot''.
(b) No Onsite Sales.--Section 308(b)(1)(C) of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994 is amended by inserting ``onsite'' before ``public''.
(c) Termination of Authority Extended.--Section 308(b)(6)(A) of the
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended by striking
``on the date that is 10 years after the date of enactment of this
section'' and inserting ``on June 18, 2023''.
(d) Reports.--Section 308(d)(2) of the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
3125a note) is amended by striking ``Not later than 6, 8, and 10 years
after the date of enactment of this section'' and inserting ``Not later
than June 18, 2019, June 18, 2021, and June 18, 2023''.
SEC. 7602. FUNCTIONS AND DUTIES OF THE UNDER SECRETARY.
Subparagraph (B) of section 251(d)(2) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(d)(2)) is amended
to read as follows:
``(B) ensure that agricultural research, education,
extension, economics, and statistical programs--
``(i) are effectively coordinated and
integrated--
``(I) across disciplines, agencies,
and institutions; and
``(II) among applicable participants,
grantees, and beneficiaries; and
``(ii) address the priority areas of the
Agriculture and Food Research Initiative
specified in subsection (b)(2) of the
Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)(2));''.
SEC. 7603. REINSTATEMENT OF DISTRICT OF COLUMBIA MATCHING REQUIREMENT
FOR CERTAIN LAND-GRANT UNIVERSITY ASSISTANCE.
(a) In General.--Section 209(c) of the District of Columbia Public
Postsecondary Education Reorganization Act (Public Law 93-471; sec. 38-
1202.09(c), D.C. Official Code) is amended in the first sentence, by
striking the period at the end and inserting ``, which may be used to
pay no more than one-half of the total cost of providing such extension
work.''.
(b) Effective Date.--The amendment made by this section shall take
effect on October 1, 2018.
SEC. 7604. FARMLAND TENURE, TRANSITION, AND ENTRY DATA INITIATIVE.
(a) In General.--The Secretary shall collect and report data and
analysis on farmland ownership, tenure, transition, and entry of
beginning farmers or ranchers.
(b) Requirements.--In carrying out subsection (a), the Secretary
shall--
(1) collect and distribute comprehensive annual reporting of
trends in farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers or
ranchers; and
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers.
(c) Funding.--There are authorized to be appropriated to carry out
this section $2,000,000 for each of fiscal years 2019 through 2023, to
remain available until expended.
(d) Conforming Amendment Regarding Confidentiality of Information.--
Section 1770(d) of the Food Security Act of 1985 (7 U.S.C. 2276(d)) is
amended--
(1) in paragraph (11), by striking ``or'' at the end;
(2) in paragraph (12), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(13) section 7604 of the Agriculture and Nutrition Act of
2018.''.
SEC. 7605. TRANSFER OF ADMINISTRATIVE JURISDICTION, PORTION OF HENRY A.
WALLACE BELTSVILLE AGRICULTURAL RESEARCH CENTER,
BELTSVILLE, MARYLAND.
(a) Transfer Authorized.--The Secretary of Agriculture may transfer
to the administrative jurisdiction of the Secretary of the Treasury a
parcel of real property at the Henry A. Wallace Beltsville Agricultural
Research Center consisting of approximately 100 acres, which was
originally acquired by the United States through land acquisitions in
1910 and 1925 and is generally located off of Poultry Road lying
between Powder Mill Road and Odell Road in Beltsville, Maryland, for
the purpose of facilitating the establishment of Bureau of Engraving
and Printing facilities on the parcel.
(b) Legal Description and Map.--
(1) Preparation.--The Secretary of Agriculture shall prepare
a legal description and map of the parcel of real property to
be transferred under subsection (a).
(2) Force of law.--The legal description and map prepared
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of Agriculture
may correct errors in the legal description and map.
(c) Retention of Interests.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to easements and
rights of record and such other reservations, terms, and conditions as
the Secretary of Agriculture considers to be necessary.
(d) Waiver.--The parcel of real property to be transferred under
subsection (a) is exempt from Federal screening for other possible use
as there is an identified Federal need for the parcel as the site for
Bureau of Engraving and Printing facilities.
(e) Condition on Transfer.--As a condition of the transfer of
administrative jurisdiction under subsection (a), the Secretary of the
Treasury shall agree to pay the Secretary of Agriculture the following
costs:
(1) The appraisal required under subsection (f).
(2) Any environmental or administrative analysis required by
Federal law with respect to the real property so transferred.
(3) Any necessary survey of such real property.
(4) Any hazardous substances assessment of such real
property.
(f) Appraisal.--To determine the fair market value of the parcel of
real property to be transferred under subsection (a), the Secretary of
the Treasury shall have the parcel appraised for its highest and best
use in conformity with the Uniform Appraisal Standards for Federal Land
Acquisitions developed by the Interagency Land Acquisition Conference.
The appraisal shall be subject to the review and approval by the
Secretary of Agriculture.
(g) Hazardous Materials.--For the parcel of real property to be
transferred under subsection (a), the Secretary of Agriculture shall
meet disclosure requirements for hazardous substances, but shall
otherwise not be required to remediate or abate those substances or any
other hazardous pollutants, contaminants, or waste that might be
present on the parcel at the time of transfer of administrative
jurisdiction.
SEC. 7606. SIMPLIFIED PLAN OF WORK.
(a) Smith-Lever Act.--The Smith-Lever Act is amended--
(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking
subparagraph (D); and
(2) in section 4 (7 U.S.C. 344)--
(A) in subsection (c), by striking paragraphs (1)
through (5) and inserting the following new paragraphs:
``(1) A summary of planned projects or programs in the State
using formula funds.
``(2) A description of the manner in which the State will
meet the requirements of section 3(h).
``(3) A description of the manner in which the State will
meet the requirements of section 3(i)(2) of the Hatch Act of
1887.
``(4) A description of matching funds provided by the State
with respect to the previous fiscal year.''; and
(B) by adding at the end the following new
subsection:
``(f) Relationship to Audits.--Notwithstanding any other provision of
law, the procedures established pursuant to subsection (c) shall not be
subject to audit to determine the sufficiency of such procedures.''.
(b) Hatch Act.--The Hatch Act of 1887 is amended--
(1) in section 3 (7 U.S.C. 361c)--
(A) by amending subsection (h) to read as follows:
``(h) Peer Review.--Research carried out under subsection (c)(3)
shall be subject to scientific peer review. The review of a project
conducted under this subsection shall be considered to satisfy the
merit review requirements of section 103(e) of the Agricultural
Research, Extension, and Education Reform Act of 1998.''; and
(B) in subsection (i)(2), by striking subparagraph
(D); and
(2) in section 7 (7 U.S.C. 361g)--
(A) in subsection (e), by striking paragraphs (1)
through (4) and inserting the following new paragraphs:
``(1) A summary of planned projects or programs in the State
using formula funds.
``(2) A description of the manner in which the State will
meet the requirements of subsections (c)(3) and (i)(2) of
section 3.
``(3) A description of matching funds provided by the State
with respect to the previous fiscal year.''; and
(B) by adding at the end the following new
subsection:
``(h) Relationship to Audits.--Notwithstanding any other provision of
law, the procedures established pursuant to subsection (e) shall not be
subject to audit to determine the sufficiency of such procedures.''.
(c) Extension and Research at 1890 Institutions.--
(1) Extension.--Section 1444(d) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221(d)) is amended--
(A) in paragraph (3), by striking subparagraphs (A)
through (E) and inserting the following new
subparagraphs:
``(A) A summary of planned projects or programs in
the State using formula funds.
``(B) A description of matching funds provided by the
State with respect to the previous fiscal year.''; and
(B) by adding at the end the following new paragraph:
``(6) Relationship to audits.--Notwithstanding any other
provision of law, the procedures established pursuant to
paragraph (3) shall not be subject to audit to determine the
sufficiency of such procedures.''.
(2) Research.--Section 1445(c) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222(c)) is amended--
(A) in paragraph (3), by striking subparagraphs (A)
through (E) and inserting the following new
subparagraphs:
``(A) A summary of planned projects or programs in
the State using formula funds.
``(B) A description of matching funds provided by the
State with respect to the previous fiscal year.''; and
(B) by adding at the end the following new paragraph:
``(6) Relationship to audits.--Notwithstanding any other
provision of law, the procedures established pursuant to
paragraph (3) shall not be subject to audit to determine the
sufficiency of such procedures.''.
SEC. 7607. TIME AND EFFORT REPORTING EXEMPTION.
Any entity receiving funds under a program referred to in clause
(iii), (iv), (vii), (viii), or (xii) of section 251(f)(1)(C) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(C)) shall be exempt from the time and effort reporting
requirements under part 200 of title 2, Code of Federal Regulations (or
successor regulations), with respect to the use of such funds.
SEC. 7608. PUBLIC EDUCATION ON BIOTECHNOLOGY IN FOOD AND AGRICULTURE
SECTORS.
(a) In General.--The Secretary, in consultation with the Secretary of
Health and Human Services, the Secretary of Education, and such other
persons and organizations as the Secretary determines to be
appropriate, shall develop and carry out a national science-based
education campaign to increase public awareness regarding the use of
technology in food and agriculture production, including--
(1) the science of biotechnology as applied to the
development of products in the food and agricultural sectors,
including information about which products of biotechnology in
the food and agricultural sectors have been approved for use in
the United States;
(2) the Federal science-based regulatory review process for
products made using biotechnology in the food and agricultural
sectors conducted under the Coordinated Framework for
Regulation of Biotechnology published by the Office of Science
and Technology Policy in the Federal Register on June 26, 1986
(51 Fed. Reg. 23302), including the studies performed and
analyses conducted to ensure that such products are as safe to
produce and as safe to eat as products that are not produced
using biotechnology;
(3) developments in the science of plant and animal breeding
over time and the impacts of such developments on farmers,
consumers, the environment, and the rural economy; and
(4) the effects of the use of biotechnology on food security,
nutrition, and the environment.
(b) Consumer Friendly Informational Website.--The Secretary, in
consultation with the Secretary of Health and Human Services, the
Administrator of the Environmental Protection Agency, the Office of
Science and Technology Policy, and such other persons and organizations
as the Secretary determines to be appropriate, shall develop,
establish, and update as necessary, a single Federal government-
sponsored public Internet website through which the public may obtain,
in an easy to understand and user-friendly format, information about
biotechnology used in the food and agricultural sectors, including--
(1) scientific findings and other data on biotechnology used
in the food and agricultural sectors;
(2) Federal agencies' decisions regarding specific products
made using biotechnology in the food and agricultural sectors;
(3) a list of frequently asked questions pertaining to the
use of biotechnology in the food and agricultural sectors;
(4) an easy-to-understand description of the role of Federal
agencies in overseeing the use of biotechnology in the food and
agricultural sectors;
(5) information about novel, emerging technologies within the
broader field of biotechnology; and
(6) a glossary of terms with respect to biotechnology used in
the food and agricultural sectors.
(c) Social Media Resources.--The Secretary may, as appropriate,
utilize publicly-available social media platforms to supplement the
campaign established under subsection (a), and as an extension of the
website established under subsection (b).
TITLE VIII--FORESTRY
Subtitle A--Reauthorization and Modification of Certain Forestry
Programs
SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR FOREST
RESOURCES.
Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101a(f)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 8102. FOREST LEGACY PROGRAM.
Subsection (m) of section 7 of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103c) is amended to read as follows:
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $35,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 8103. COMMUNITY FOREST AND OPEN SPACE CONSERVATION PROGRAM.
Subsection (g) of section 7A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2103d) is amended to read as follows:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 8104. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
Section 13A of the Cooperative Forestry Assistance Act of 1978 (16
U.S.C. 2109a) is amended to read as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
``(a) Purpose.--The purpose of this section is to establish a
landscape-scale restoration program to support landscape-scale
restoration and management that results in measurable improvements to
public benefits derived from State and private forest land, as
identified in--
``(1) a State-wide assessment described in section 2A(a)(1);
and
``(2) a long-term State-wide forest resource strategy
described in section 2A(a)(2).
``(b) Definitions.--In this section:
``(1) Private forest land.--The term `private forest land'
means land that--
``(A)(i) has existing tree cover; or
``(ii) is suitable for growing trees; and
``(B) is owned by--
``(i) an Indian Tribe (as defined in section
4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)); or
``(ii) any private individual or entity.
``(2) Regional.--The term `regional' means of any region of
the National Association of State Foresters.
``(3) Secretary.--The term `Secretary' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
``(4) State forest land.--The term `State forest land' means
land that is owned by a State or unit of local government.
``(5) State forester.--The term `State Forester' means a
State Forester or equivalent State official.
``(c) Establishment.--The Secretary, in consultation with State
Foresters or other appropriate State agencies, shall establish a
landscape-scale restoration program--
``(1) to provide financial and technical assistance for
landscape-scale restoration projects on State forest land or
private forest land; and
``(2) that maintains or improves benefits from trees and
forests on such land.
``(d) Requirements.--The landscape-scale restoration program
established under subsection (c) shall--
``(1) measurably address the national private forest
conservation priorities described in section 2(c);
``(2) enhance public benefits from trees and forests, as
identified in--
``(A) a State-wide assessment described in section
2A(a)(1); and
``(B) a long-term State-wide forest resource strategy
described in section 2A(a)(2); and
``(3) in accordance with the purposes described in section
2(b), include one or more of the following objectives--
``(A) protecting or improving water quality or
quantity;
``(B) reducing wildfire risk, including through
hazardous fuels treatment;
``(C) protecting or enhancing wildlife habitat,
consistent with wildlife objectives established by the
applicable State fish and wildlife agency;
``(D) improving forest health and forest ecosystems,
including addressing native, nonnative, and invasive
pests; or
``(E) enhancing opportunities for new and existing
markets in which the production and use of wood
products strengthens local and regional economies.
``(e) Measurement.--The Secretary, in consultation with State
Foresters, shall establish a measurement system (including measurement
tools) that--
``(1) consistently measures the results of landscape-scale
restoration projects described in subsection (c); and
``(2) is consistent with the measurement systems of other
Federal programs delivered by State Foresters.
``(f) Use of Amounts.--
``(1) Allocation.--Of the amounts made available for the
landscape-scale restoration program established under
subsection (c), the Secretary shall allocate to State
Foresters--
``(A) 50 percent for the competitive process in
accordance with subsection (g); and
``(B) 50 percent proportionally to States, in
consultation with State Foresters--
``(i) to maximize the achievement of the
objectives described in subsection (d)(3); and
``(ii) to address the highest national
priorities, as identified in--
``(I) State-wide assessments
described in section 2A(a)(1); and
``(II) long-term State-wide forest
resource strategies described in
section 2A(a)(2).
``(2) Multiyear projects.--The Secretary may provide amounts
under this section for multiyear projects.
``(g) Competitive Process.--
``(1) In general.--The Secretary shall distribute amounts
described in subsection (f)(1)(A) through a competitive process
for landscape-scale restoration projects described in
subsection (c) to maximize the achievement of the objectives
described in subsection (d)(3).
``(2) Eligibility.--To be eligible for funding through the
competitive process under paragraph (1), a State Forester, or
another entity on approval of the State Forester, shall submit
to the Secretary one or more landscape-scale restoration
proposals that--
``(A) in accordance with paragraph (3)(A), include
priorities identified in--
``(i) State-wide assessments described in
section 2A(a)(1); and
``(ii) long-term State-wide forest resource
strategies described in section 2A(a)(2);
``(B) identify one or more measurable results to be
achieved through the project;
``(C) to the maximum extent practicable, include
activities on all land necessary to accomplish the
measurable results in the applicable landscape;
``(D) to the maximum extent practicable, are
developed in collaboration with other public and
private sector organizations and local communities; and
``(E) derive not less than 50 percent of the funding
for the project from non-Federal sources, unless the
Secretary determines--
``(i) the applicant is unable to derive not
less than 50 percent of the funding for the
project from non-Federal sources; and
``(ii) the benefits of the project justify
pursuing the project.
``(3) Prioritization.--In carrying out the competitive
process under paragraph (1), the Secretary--
``(A) shall give priority to projects that, as
determined by the Secretary, best carry out priorities
identified in State-wide assessments described in
section 2A(a)(1) and long-term State-wide forest
resource strategies described in section 2A(a)(2),
including--
``(i) involvement of public and private
partnerships;
``(ii) inclusion of cross-boundary activities
on--
``(I) Federal forest land;
``(II) State forest land; or
``(III) private forest land;
``(iii) involvement of areas also identified
for cost-share funding by the Natural Resources
Conservation Service or any other relevant
Federal agency;
``(iv) protection or improvement of water
quality or quantity;
``(v) reduction of wildfire risk; and
``(vi) otherwise addressing the national
private forest conservation priorities
described in section 2(c); and
``(B) may give priority to projects in proximity to
other landscape-scale projects on other land under the
jurisdiction of the Secretary, the Secretary of the
Interior, or a Governor of a State, including--
``(i) ecological restoration treatments under
the Collaborative Forest Landscape Restoration
Program established under section 4003 of the
Omnibus Public Land Management Act of 2009 (16
U.S.C. 7303);
``(ii) projects on landscape-scale areas
designated for insect and disease treatment
under section 602 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a);
``(iii) authorized restoration services under
section 8206 of the Agricultural Act of 2014
(16 U.S.C. 2113a);
``(iv) watershed restoration and protection
services under section 331 of the Department of
the Interior and Related Agencies
Appropriations Act, 2001 (Public Law 106-291;
16 U.S.C. 1011 note);
``(v) stewardship end result contracting
projects under section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C.
6591c); or
``(vi) projects under other relevant
programs, as determined by the Secretary.
``(4) Proposal review.--
``(A) In general.--The Secretary shall establish a
process for the review of proposals submitted under
paragraph (2) that ranks each proposal based on--
``(i) the extent to which the proposal would
achieve the requirements described in
subsection (d); and
``(ii) the priorities described in paragraph
(3)(A).
``(B) Regional review.--The Secretary may carry out
the process described in subparagraph (A) at a regional
level.
``(5) Compliance with nepa.--Financial and technical
assistance carried out under this section for landscape
restoration projects on State forest land or private forest
land shall not constitute a major Federal action for the
purposes of section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
``(h) Report.--Not later than 3 years after the date of the enactment
of the Agriculture and Nutrition Act of 2018, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the Senate
a report that includes--
``(1) a description of the status of the development,
execution, and administration of landscape-scale projects
selected under the program under this section;
``(2) an accounting of expenditures under such program; and
``(3) specific accomplishments that have resulted from
landscape-scale projects under such program.
``(i) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary for the landscape-scale restoration
program established under subsection (c) $10,000,000 for each of fiscal
years 2019 through 2023, to remain available until expended.''.
SEC. 8105. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 8106. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
Section 9013 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8113) is amended to read as follows:
``SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Community wood energy system.--
``(A) In general.--The term `community wood energy
system' means an energy system that--
``(i) produces thermal energy or combined
thermal energy and electricity where thermal is
the primary energy output;
``(ii) services public facilities owned or
operated by State or local governments
(including schools, town halls, libraries, and
other public buildings) or private or nonprofit
facilities (including commercial and business
facilities, such as hospitals, office
buildings, apartment buildings, and
manufacturing and industrial buildings); and
``(iii) uses woody biomass, including
residuals from wood processing facilities, as
the primary fuel.
``(B) Inclusions.--The term `community wood energy
system' includes single-facility central heating,
district heating systems serving multiple buildings,
combined heat and electric systems where thermal energy
is the primary energy output, and other related biomass
energy systems.
``(2) Innovative wood product facility.--The term `innovative
wood product facility' means a manufacturing or processing
plant or mill that produces--
``(A) building components or systems that use large
panelized wood construction, including mass timber;
``(B) wood products derived from nanotechnology or
other new technology processes, as determined by the
Secretary; or
``(C) other innovative wood products that use low-
value, low-quality wood, as determined by the
Secretary.
``(3) Mass timber.--The term `mass timber' includes--
``(A) cross-laminated timber;
``(B) nail-laminated timber;
``(C) glue-laminated timber;
``(D) laminated strand lumber; and
``(E) laminated veneer lumber.
``(4) Program.--The term `Program' means the Community Wood
Energy and Wood Innovation Program established under subsection
(b).
``(b) Competitive Grant Program.--The Secretary, acting through the
Chief of the Forest Service, shall establish a competitive grant
program to be known as the `Community Wood Energy and Wood Innovation
Program'.
``(c) Matching Grants.--
``(1) In general.--Under the Program, the Secretary shall
make grants to cover not more than 35 percent of the capital
cost for installing a community wood energy system or building
an innovative wood product facility.
``(2) Special circumstances.--The Secretary may establish
special circumstances, such as in the case of a community wood
energy system project or innovative wood product facility
project involving a school or hospital in a low-income
community, under which grants under the Program may cover up to
50 percent of the capital cost.
``(3) Source of matching funds.--Matching funds required
pursuant to this subsection from a grant recipient must be
derived from non-Federal funds.
``(d) Project Cap.--The total amount of grants under the Program for
a community wood energy system project or innovative wood product
facility project may not exceed--
``(1) in the case of grants under the general authority
provided under subsection (c)(1), $1,000,000; and
``(2) in the case of grants for which the special
circumstances apply under subsection (c)(2), $1,500,000.
``(e) Selection Criteria.--In selecting applicants for grants under
the Program, the Secretary shall consider the following:
``(1) The energy efficiency of the proposed community wood
energy system or innovative wood product facility.
``(2) The cost effectiveness of the proposed community wood
energy system or innovative wood product facility.
``(3) The extent to which the proposed community wood energy
system or innovative wood product facility represents the best
available commercial technology.
``(4) The extent to which the applicant has demonstrated a
high likelihood of project success by completing detailed
engineering and design work in advance of the grant
application.
``(5) Other technical, economic, conservation, and
environmental criteria that the Secretary considers
appropriate.
``(f) Grant Priorities.--In selecting applicants for grants under the
Program, the Secretary shall give priority to proposals that--
``(1) would be carried out in a location where markets are
needed for the low-value, low-quality wood;
``(2) would be carried out in a location with limited access
to natural gas pipelines;
``(3) would include the use or retrofitting (or both) of
existing sawmill facilities located in a location where the
average annual unemployment rate exceeded the national average
unemployment rate by more than 1 percent during the previous
calendar year; or
``(4) would be carried out in a location where the project
will aid with forest restoration.
``(g) Limitations.--
``(1) Capacity of community wood energy systems.--A community
wood energy system acquired with grant funds under the Program
shall not exceed nameplate capacity of 10 megawatts of thermal
energy or combined thermal and electric energy.
``(2) Funding for innovative wood product facilities.--Not
more than 25 percent of funds provided as grants under the
Program for a fiscal year may go to applicants proposing
innovative wood product facilities, unless the Secretary has
received an insufficient number of qualified proposals for
community wood energy systems.
``(h) Funding.--There is authorized to be appropriated to carry out
the Program $25,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 8107. HEALTHY FORESTS RESTORATION ACT OF 2003 AMENDMENTS.
(a) Healthy Forests Reserve Program.--
(1) Additional purpose of program.--Section 501(a) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is
amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following
new paragraph:
``(3) to conserve forest land that provides habitat for
species described in section 502(b)(1); and''.
(2) Eligibility for enrollment.--Subsection (b) of section
502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572) is amended to read as follows:
``(b) Eligibility.--To be eligible for enrollment in the healthy
forests reserve program, land shall be private forest land, or private
land being restored to forest land, the enrollment of which will
maintain, restore, enhance, or otherwise measurably--
``(1) increase the likelihood of recovery of a species that
is listed as endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); or
``(2) improve the well-being of a species that--
``(A) is--
``(i) not listed as endangered or threatened
under such section; and
``(ii) a candidate for such listing, a State-
listed species, or a special concern species;
or
``(B) is deemed a species of greatest conservation
need by a State wildlife action plan.''.
(3) Other enrollment considerations.--Section 502(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is
amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3);
and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) conserve forest lands that provide habitat for species
described in subsection (b)(1); and''.
(4) Elimination of limitation on use of easements.--Section
502(e) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6572(e)) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
(5) Enrollment of acreage owned by an indian tribe.--Section
502(e)(2)(B) of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6572(e)(3)(B)), as redesignated under paragraph (4), is
amended by striking clauses (ii) and (iii) and inserting the
following new clauses:
``(ii) a 10-year, cost-share agreement;
``(iii) a permanent easement; or
``(iv) any combination of the options
described in clauses (i) through (iii).''.
(6) Species-related enrollment priority.--Subparagraph (B) of
section 502(f)(1) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6572(f)(1)) is amended to read as follows:
``(B) secondarily, species that--
``(i) are--
``(I) not listed as endangered or
threatened under section 4 of the
Endangered Species Act of 1973 (16
U.S.C. 1533); and
``(II) candidates for such listing,
State-listed species, or special
concern species; or
``(ii) are species of greatest conservation
need, as identified in State wildlife action
plans.''.
(7) Restoration plans.--Subsection (b) of section 503 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573) is
amended to read as follows:
``(b) Practices.--The restoration plan shall require such restoration
practices and measures, as are necessary to restore and enhance habitat
for species described in section 502(b), including the following:
``(1) Land management practices.
``(2) Vegetative treatments.
``(3) Structural practices and measures.
``(4) Other practices and measures.''.
(8) Funding.--Section 508(b) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended--
(A) in the subsection heading, by striking ``Fiscal
Years 2014 Through 2018'' and inserting ``Authorization
of Appropriations''; and
(B) by striking ``2018'' and inserting ``2023''.
(9) Technical correction.--Section 503(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended
by striking ``Secretary of Interior'' and inserting ``Secretary
of the Interior''.
(b) Insect and Disease Infestation.--
(1) Treatment of areas.--Section 602(d)(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is
amended by striking ``subsection (b) to reduce the risk or
extent of, or increase the resilience to, insect or disease
infestation in the areas.'' and inserting the following:
``subsection (b)--
``(A) to reduce the risk or extent of, or increase
the resilience to, insect or disease infestation; or
``(B) to reduce hazardous fuels.''.
(2) Permanent authority.--Section 602(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is
amended by striking ``for which a public notice to initiate
scoping is issued on or before September 30, 2018,''.
(c) Administrative Review.--
(1) Clarification of treatment of areas.--Section 603(a) of
the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6591b(a)) is amended by striking ``in accordance with section
602(d)'' and inserting ``in accordance with section
602(d)(1)''.
(2) Project size and location.--Section 603(c)(1) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)(1))
is amended by striking ``3000'' and inserting ``6,000''.
SEC. 8108. NATIONAL FOREST FOUNDATION ACT AUTHORITIES.
(a) Extension of Authority to Provide Matching Funds for
Administrative and Project Expenses.--Section 405(b) of the National
Forest Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking
``2018'' and inserting ``2023''.
(b) Authorization of Appropriations.--Section 410(b) of the National
Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended by striking
``2018'' and inserting ``2023''.
Subtitle B--Secure Rural Schools and Community Self-Determination Act
of 2000 Amendments
SEC. 8201. USE OF RESERVED FUNDS FOR TITLE II PROJECTS ON FEDERAL LAND
AND CERTAIN NON-FEDERAL LAND.
Section 204(f) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7124(f)) is amended to read as
follows:
``(f) Requirements for Project Funds.--
``(1) In general.--Subject to paragraph (2), the Secretary
concerned shall ensure that at least 50 percent of the project
funds reserved under section 102(d) by a participating county
shall be available only for projects that--
``(A) include--
``(i) the sale of timber or other forest
products;
``(ii) reduce fire risks; or
``(iii) improve water supplies; and
``(B) implement stewardship objectives that enhance
forest ecosystems or restore and improve land health
and water quality.
``(2) Applicability.--The requirement in paragraph (1) shall
apply only to project funds reserved by a participating county
whose boundaries include Federal land that the Secretary
concerned determines has been subject to a timber or other
forest products program within 5 fiscal years before the fiscal
year in which the funds are reserved.''.
SEC. 8202. RESOURCE ADVISORY COMMITTEES.
(a) Recognition of Resource Advisory Committees.--Section 205(a)(4)
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7125(a)(4)) is amended by striking ``2018'' each place
it appears and inserting ``2023''.
(b) Reduction in Composition of Committees.--Section 205(d) of the
Secure Rural Schools and Community Self-Determination Act of 2000 (16
U.S.C. 7125(d)) is amended--
(1) in paragraph (1), by striking ``15 members'' and
inserting ``9 members''; and
(2) by striking ``5 persons'' each place it appears and
inserting ``3 persons''.
(c) Expanding Local Participation on Committees.--Section 205(d) of
the Secure Rural Schools and Community Self-Determination Act of 2000
(16 U.S.C. 7125(d)) is further amended--
(1) in paragraph (3), by inserting before the period at the
end the following: ``, consistent with the requirements of
paragraph (4)''; and
(2) by striking paragraph (4) and inserting the following new
paragraph:
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the county or counties
in which the committee has jurisdiction, or an adjacent
county.''.
(d) Appointment of Resource Advisory Committees by Applicable
Designee.--
(1) In general.--Section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C. 7125) is
further amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(ii) in paragraph (3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(iii) in paragraph (4), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'' both places it appears;
(B) in subsection (b)(6), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned'';
(C) in subsection (c)--
(i) in the subsection heading, by inserting
``or Applicable Designee'' after ``by the
Secretary'';
(ii) in paragraph (1), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'' both places it appears;
(iii) in paragraph (2), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned'';
(iv) in paragraph (4), by inserting ``(or
applicable designee)'' after ``The Secretary
concerned''; and
(v) by adding at the end the following new
paragraph:
``(6) Applicable designee.--In this section, the term
`applicable designee' means--
``(A) with respect to Federal land described in
section 3(7)(A), the applicable Regional Forester; and
``(B) with respect to Federal land described in
section 3(7)(B), the applicable Bureau of Land
Management State Director.'';
(D) in subsection (d)(3), by inserting ``(or
applicable designee)'' after ``the Secretary
concerned''; and
(E) in subsection (f)(1)--
(i) by inserting ``(or applicable designee)''
after ``the Secretary concerned''; and
(ii) by inserting ``(or applicable
designee)'' after ``of the Secretary''.
(2) Conforming amendment.--Section 201(3) of the Secure Rural
Schools and Community Self-Determination Act of 2000 (16 U.S.C.
7121(3)) is amended by inserting ``(or applicable designee (as
defined in section 205(c)(6)))'' after ``Secretary concerned''
both places it appears.
SEC. 8203. PROGRAM FOR TITLE II SELF-SUSTAINING RESOURCE ADVISORY
COMMITTEE PROJECTS.
(a) Self-Sustaining Resource Advisory Committee Projects.--Title II
of the Secure Rural Schools and Community Self-Determination Act of
2000 (16 U.S.C. 7121 et seq.) is amended by adding at the end the
following new section:
``SEC. 209. PROGRAM FOR SELF-SUSTAINING RESOURCE ADVISORY COMMITTEE
PROJECTS.
``(a) RAC Program.--The Chief of the Forest Service shall conduct a
program (to be known as the `self-sustaining resource advisory
committee program' or `RAC program') under which 10 resource advisory
committees will propose projects authorized by subsection (c) to be
carried out using project funds reserved by a participating county
under section 102(d).
``(b) Selection of Participating Resource Advisory Committees.--The
selection of resource advisory committees to participate in the RAC
program is in the sole discretion of the Chief of the Forest Service.
``(c) Authorized Projects.--Notwithstanding the project purposes
specified in sections 202(b), 203(c), and 204(a)(5), projects under the
RAC program are intended to--
``(1) accomplish forest management objectives or support
community development; and
``(2) generate receipts.
``(d) Deposit and Availability of Revenues.--Any revenue generated by
a project conducted under the RAC program, including any interest
accrued from the revenues, shall be--
``(1) deposited in the special account in the Treasury
established under section 102(d)(2)(A); and
``(2) available, in such amounts as may be provided in
advance in appropriation Acts, for additional projects under
the RAC program.
``(e) Termination of Authority.--
``(1) In general.--The authority to initiate a project under
the RAC program shall terminate on September 30, 2023.
``(2) Deposits in treasury.--Any funds available for projects
under the RAC program and not obligated by September 30, 2024,
shall be deposited in the Treasury of the United States.''.
(b) Exception to General Rule Regarding Treatment of Receipts.--
Section 403(b) of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7153(b)) is amended by striking
``All revenues'' and inserting ``Except as provided in section 209, all
revenues''.
Subtitle C--Availability of Categorical Exclusions To Expedite Forest
Management Activities
PART I--GENERAL PROVISIONS
SEC. 8301. DEFINITIONS.
In this subtitle:
(1) Catastrophic event.--The term ``catastrophic event''
means any natural disaster (such as hurricane, tornado,
windstorm, snow or ice storm, rain storm, high water, wind-
driven water, tidal wave, earthquake, volcanic eruption,
landslide, mudslide, drought, or insect or disease outbreak) or
any fire, flood, or explosion, regardless of cause.
(2) Coos bay wagon road grant lands.--The term ``Coos Bay
Wagon Road Grant lands'' means the lands reconveyed to the
United States pursuant to the first section of the Act of
February 26, 1919 (40 Stat. 1179).
(3) Forest management activity.--The term ``forest management
activity'' means a project or activity carried out by the
Secretary concerned on National Forest System lands or public
lands consistent with the forest plan covering the lands.
(4) Forest plan.--The term ``forest plan'' means--
(A) a land use plan prepared by the Bureau of Land
Management for public lands pursuant to section 202 of
the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); or
(B) a land and resource management plan prepared by
the Forest Service for a unit of the National Forest
System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604).
(5) National forest system.--The term ``National Forest
System'' has the meaning given that term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(6) Oregon and california railroad grant lands.--The term
``Oregon and California Railroad Grant lands'' means the
following lands:
(A) All lands in the State of Oregon revested in the
United States under the Act of June 9, 1916 (39 Stat.
218), that are administered by the Secretary of the
Interior, acting through the Bureau of Land Management,
pursuant to the first section of the Act of August 28,
1937 (43 U.S.C. 1181a).
(B) All lands in that State obtained by the Secretary
of the Interior pursuant to the land exchanges
authorized and directed by section 2 of the Act of June
24, 1954 (43 U.S.C. 1181h).
(C) All lands in that State acquired by the United
States at any time and made subject to the provisions
of title II of the Act of August 28, 1937 (43 U.S.C.
1181f).
(7) Public lands.--The term ``public lands'' has the meaning
given that term in section 103 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1702), except that the term
includes Coos Bay Wagon Road Grant lands and Oregon and
California Railroad Grant lands.
(8) Reforestation activity.--The term ``reforestation
activity'' means a forest management activity carried out by
the Secretary concerned where the primary purpose is the
reforestation of impacted lands following a catastrophic event.
The term includes planting, evaluating and enhancing natural
regeneration, clearing competing vegetation, and other
activities related to reestablishment of forest species on the
impacted lands.
(9) Resource advisory committee.--The term ``resource
advisory committee'' has the meaning given that term in section
201 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7121).
(10) Salvage operation.--The term ``salvage operation'' means
a forest management activity carried out in response to a
catastrophic event where the primary purpose is--
(A) to prevent wildfire as a result of the
catastrophic event, or, if the catastrophic event was
wildfire, to prevent a re-burn of the fire-impacted
area;
(B) to provide an opportunity for utilization of
forest materials damaged as a result of the
catastrophic event; or
(C) to provide a funding source for reforestation for
the National Forest System lands or public lands
impacted by the catastrophic event.
(11) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of Agriculture, with respect to
National Forest System lands; and
(B) the Secretary of the Interior, with respect to
public lands.
SEC. 8302. RULE OF APPLICATION FOR NATIONAL FOREST SYSTEM LANDS AND
PUBLIC LANDS.
Unless specifically provided by a provision of this subtitle, the
authorities provided by this subtitle do not apply with respect to any
National Forest System lands or public lands--
(1) that are included in the National Wilderness Preservation
System;
(2) that are located within a national or State-specific
inventoried roadless area established by the Secretary of
Agriculture through regulation, unless--
(A) the forest management activity to be carried out
under such authority is consistent with the forest plan
applicable to the area; or
(B) the Secretary of Agriculture determines the
forest management activity is permissible under the
applicable roadless rule governing such lands; or
(3) on which timber harvesting for any purpose is prohibited
by Federal statute.
SEC. 8303. CONSULTATION UNDER THE ENDANGERED SPECIES ACT.
(a) No Consultation if Action Not Likely To Adversely Affect a Listed
Species or Designated Critical Habitat.--With respect to a forest
management activity carried out pursuant to this subtitle, consultation
under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536)
shall not be required if the Secretary concerned determines that such
forest management activity is not likely to adversely affect a listed
species or designated critical habitat.
(b) Expedited Consultation.--With respect to a forest management
activity carried out pursuant to this subtitle, consultation required
under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536)
shall be concluded within the 90-day period beginning on the date on
which such consultation was requested by the Secretary concerned.
SEC. 8304. SECRETARIAL DISCRETION IN THE CASE OF TWO OR MORE
CATEGORICAL EXCLUSIONS.
To the extent that a forest management activity may be categorically
excluded under more than one of the sections of this subtitle, the
Secretary concerned shall have full discretion to determine which
categorical exclusion to use.
PART II--CATEGORICAL EXCLUSIONS
SEC. 8311. CATEGORICAL EXCLUSION TO EXPEDITE CERTAIN CRITICAL RESPONSE
ACTIONS.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary concerned on National Forest
System lands or public lands where the primary purpose of such activity
is--
(1) to address an insect or disease infestation;
(2) to reduce hazardous fuel loads;
(3) to protect a municipal water source;
(4) to maintain, enhance, or modify critical habitat to
protect it from catastrophic disturbances;
(5) to increase water yield; or
(6) any combination of the purposes specified in paragraphs
(1) through (5).
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 6,000 acres.
SEC. 8312. CATEGORICAL EXCLUSION TO EXPEDITE SALVAGE OPERATIONS IN
RESPONSE TO CATASTROPHIC EVENTS.
(a) Categorical Exclusion Established.--Salvage operations carried
out by the Secretary concerned on National Forest System lands or
public lands are a category of actions hereby designated as being
categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(c) Acreage Limitation.--A salvage operation covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 6,000 acres.
(d) Additional Requirements.--
(1) Stream buffers.--A salvage operation covered by the
categorical exclusion established under subsection (a) shall
comply with the standards and guidelines for stream buffers
contained in the applicable forest plan, except that the
Regional Forester, in the case of National Forest System lands,
or the State Director of the Bureau of Land Management, in the
case of public lands, may, on a case-by-case basis, waive the
standards and guidelines.
(2) Reforestation plan.--A reforestation plan shall be
developed under section 3 of the Act of June 9, 1930 (commonly
known as the Knutson-Vandenberg Act; (16 U.S.C. 576b)), as part
of a salvage operation covered by the categorical exclusion
established under subsection (a).
SEC. 8313. CATEGORICAL EXCLUSION TO MEET FOREST PLAN GOALS FOR EARLY
SUCCESSIONAL FORESTS.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary concerned on National Forest
System lands or public lands where the primary purpose of such activity
is to improve, enhance, or create early successional forests for
wildlife habitat improvement and other purposes, consistent with the
applicable forest plan.
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Project Goals.--To the maximum extent practicable, the Secretary
concerned shall design a forest management activity under this section
to meet early successional forest goals in such a manner so as to
maximize production and regeneration of priority species, as identified
in the forest plan and consistent with the capability of the activity
site.
(e) Acreage Limitations.--A forest management activity covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 6,000 acres.
SEC. 8314. CATEGORICAL EXCLUSION FOR HAZARD TREES.
(a) Categorical Exclusion Established.--Forest management activities
carried out by the Secretary concerned to remove hazard trees for
purposes of the protection of public health or safety, water supply, or
public infrastructure are a category of actions hereby designated as
being categorically excluded from the preparation of an environmental
assessment or an environmental impact statement under section 102 of
the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
(b) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 8315. CATEGORICAL EXCLUSION TO IMPROVE OR RESTORE NATIONAL FOREST
SYSTEM LANDS OR PUBLIC LAND OR REDUCE THE RISK OF
WILDFIRE.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is to improve or restore such
lands or reduce the risk of wildfire on those lands.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion established under subsection (a):
(A) Removal of juniper trees, medusahead rye, conifer
trees, pinon pine trees, cheatgrass, and other noxious
or invasive weeds specified on Federal or State noxious
weeds lists through late-season livestock grazing,
targeted livestock grazing, prescribed burns, and
mechanical treatments.
(B) Performance of hazardous fuels management.
(C) Creation of fuel and fire breaks.
(D) Modification of existing fences in order to
distribute livestock and help improve wildlife habitat.
(E) Stream restoration and erosion control, including
the installation of erosion control devices.
(F) Construction of new and maintenance of permanent
infrastructure, including stock ponds, water
catchments, and water spring boxes used to benefit
livestock and improve wildlife habitat.
(G) Performance of soil treatments, native and non-
native seeding, and planting of and transplanting
sagebrush, grass, forb, shrub, and other species.
(H) Use of herbicides, so long as the Secretary
concerned determines that the activity is otherwise
conducted consistently with agency procedures,
including any forest plan applicable to the area
covered by the activity.
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 6,000 acres.
(e) Definitions.--In this section:
(1) Hazardous fuels management.--The term ``hazardous fuels
management'' means any vegetation management activities that
reduce the risk of wildfire.
(2) Late-season grazing.--The term ``late-season grazing''
means grazing activities that occur after both the invasive
species and native perennial species have completed their
current-year annual growth cycle until new plant growth begins
to appear in the following year.
(3) Targeted livestock grazing.--The term ``targeted
livestock grazing'' means grazing used for purposes of
hazardous fuels management.
SEC. 8316. CATEGORICAL EXCLUSION FOR FOREST RESTORATION.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for categorical
exclusion are forest management activities described in
paragraph (2) that are carried out by the Secretary concerned
on National Forest System lands or public lands where the
primary purpose of such activity is--
(A) to improve forest health and resiliency to
disturbances;
(B) to reduce hazardous fuels; or
(C) to improve wildlife and aquatic habitat.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant the categorical
exclusion established under subsection (a):
(A) Timber harvests, including commercial and pre-
commercial timber harvest, salvage harvest, and
regeneration harvest.
(B) Hazardous fuels reduction.
(C) Prescribed burning.
(D) Improvement or establishment of wildlife and
aquatic habitat.
(E) Stream restoration and erosion control.
(F) Road and trail decommissioning.
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary concerned may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Acreage Limitations.--A forest management activity covered by the
categorical exclusion established under subsection (a) may not contain
treatment units exceeding a total of 6,000 acres.
(e) Limitations on Road Building.--
(1) Permanent roads.--A forest management activity covered by
the categorical exclusion established by subsection (a) may
include--
(A) the construction of permanent roads not to exceed
3 miles; and
(B) the maintenance and reconstruction of existing
permanent roads and trails, including the relocation of
segments of existing roads and trails to address
resource impacts.
(2) Temporary roads.--Any temporary road constructed for a
forest management activity covered by the categorical exclusion
established by subsection (a) shall be decommissioned not later
than 3 years after the date on which the project is completed.
SEC. 8317. CATEGORICAL EXCLUSION FOR INFRASTRUCTURE FOREST MANAGEMENT
ACTIVITIES.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is--
(1) constructing, reconstructing, or decommissioning National
Forest System roads not exceeding 3 miles;
(2) adding an existing road to the forest transportation
system;
(3) reclassifying a National Forest System road at a
different maintenance level;
(4) reconstructing, rehabilitating, or decommissioning
bridges;
(5) removing dams; or
(6) maintaining facilities through the use of pesticides as
authorized by applicable Federal and State law and as applied
in accordance with label instructions.
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 8318. CATEGORICAL EXCLUSION FOR DEVELOPED RECREATION SITES.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--
(1) Designation.--The category of forest management
activities designated under this section for a categorical
exclusion are forest management activities described in
paragraph (2) carried out by the Secretary of Agriculture on
National Forest System lands where the primary purpose of such
activity is to operate, maintain, modify, reconstruct, or
decommission existing developed recreation sites.
(2) Activities authorized.--The following forest management
activities may be carried out pursuant to the categorical
exclusion under subsection (a):
(A) Constructing, modifying, or reconstructing toilet
or shower facilities.
(B) Constructing, modifying, or reconstructing
fishing piers, wildlife viewing platforms, docks, or
other constructed recreation sites or facilities.
(C) Constructing, reconstructing, or maintaining,
parking areas, National Forest System roads, or
National Forest System trails within or connecting to
recreation sites, including paving and road and trail
rerouting, except that--
(i) permanent roads constructed under this
section may not exceed 3 miles; and
(ii) temporary roads constructed for projects
covered by this section shall be decommissioned
within 3 years of completion of the project.
(D) Modifying or reconstructing existing water or
waste disposal systems.
(E) Constructing, modifying, or reconstructing single
or group use sites.
(F) Decommissioning recreation facilities or portions
of recreation facilities.
(G) Decommissioning National Forest System roads or
National Forest System trails not exceeding 3 miles
within or connecting to developed recreation sites.
(H) Constructing, modifying, or reconstructing boat
landings.
(I) Reconstructing existing ski lifts.
(K) Modifying or reconstructing a recreation lodging
rental.
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
SEC. 8319. CATEGORICAL EXCLUSION FOR ADMINISTRATIVE SITES.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is to
construct, reconstruct, maintain, decommission, relocate, or dispose of
an administrative site.
(c) Availability of Categorical Exclusion.--On and after the date of
the enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Limitations.--
(1) Permanent roads.--A project covered by the categorical
exclusion established by subsection (a) may include--
(A) the construction of permanent roads not to exceed
3 miles; and
(B) the maintenance and reconstruction of existing
permanent roads and trails, including the relocation of
segments of existing roads and trails to address
resource impacts.
(2) Temporary roads.--Any temporary road constructed for a
project covered by the categorical exclusion established by
subsection (a) shall be decommissioned not later than 3 years
after the date on which the project is completed.
(3) Pesticides.--Pesticides may only be used to carry out a
project covered by the categorical exclusion established by
subsection (a) as authorized by applicable Federal and State
law and as applied in accordance with label instructions.
(e) Definition of Administrative Site.--In this section, the term
``administrative site'' has the meaning given the term in section
502(1) of the Forest Service Facility Realignment and Enhancement Act
of 2005 (16 U.S.C. 580d note).
SEC. 8320. CATEGORICAL EXCLUSION FOR SPECIAL USE AUTHORIZATIONS.
(a) Categorical Exclusion Established.--Forest management activities
described in subsection (b) are a category of actions hereby designated
as being categorically excluded from the preparation of an
environmental assessment or an environmental impact statement under
section 102 of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
(b) Forest Management Activities Designated for Categorical
Exclusion.--The category of forest management activities designated
under this section for a categorical exclusion are forest management
activities carried out by the Secretary of Agriculture on National
Forest System lands where the primary purpose of such activity is:
(1) Issuance of a new special use authorization for an
existing or expired special use authorization, without any
substantial change in the scope and scale of the authorized use
and occupancy when--
(A) the issuance is a purely ministerial action to
account for administrative changes, such as a change in
ownership or expiration of the current authorization;
and
(B) the applicant or holder is in compliance with the
terms and conditions of the existing or expired special
use authorization.
(2) Modification, removal, repair, maintenance,
reconstruction, or replacement of a facility or improvement for
an existing special use authorization.
(3) Issuance of a new special use authorization or amendment
to an existing special use authorization for activities that
will occur on existing roads, trails, facilities, or areas
approved for use in a land management plan or other documented
decision.
(4) Approval, modification, or continuation of minor, short-
term (5 years or less) special uses of National Forest System
lands or public lands.
(5) Issuance of a special use authorization for an existing
unauthorized use or occupancy that has not been deemed in
trespass where no new ground disturbance is proposed.
(6) Approval or modification of minor special uses of
National Forest System lands or public lands that require less
than 20 contiguous acres.
(7) Approval of vegetative management plans, and vegetation
management activities in accordance with an approved vegetation
management plan, under a special use authorization for an
electric transmission and distribution facility right-of-way.
(c) Availability of Exclusion.--On and after the date of the
enactment of this Act, the Secretary of Agriculture may use the
categorical exclusion established under subsection (a) in accordance
with this section.
(d) Document Requirements.--The Secretary of Agriculture shall not be
required to prepare a project file or decision memorandum to
categorically exclude a forest management activity described under
paragraphs (1) through (4) of subsection (b).
SEC. 8321. CLARIFICATION OF EXISTING CATEGORICAL EXCLUSION AUTHORITY
RELATED TO INSECT AND DISEASE INFESTATION.
Section 603(c)(2)(B) of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591b(c)(2)(B)) is amended by striking ``Fire Regime Groups
I, II, or III'' and inserting ``Fire Regime I, Fire Regime II, Fire
Regime III, Fire Regime IV, or Fire Regime V''.
PART III--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 8331. GOOD NEIGHBOR AGREEMENTS.
Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by striking ``Secretary or a
Governor'' and inserting ``Secretary, Governor, or
Indian Tribe'';
(B) in paragraph (4) by striking ``Secretary and a
Governor'' and inserting ``Secretary and either a
Governor or an Indian Tribe'';
(C) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively; and
(D) by inserting after paragraph (5) the following
new paragraph:
``(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));''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or an Indian
Tribe'' after ``Governor''; and
(B) in paragraph (3), by inserting ``or an Indian
Tribe'' after ``Governor''.
SEC. 8332. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6513) is amended--
(1) in subsection (d), by adding at the end the following new
paragraph:
``(3) Cross-boundary considerations.--For any fiscal year for
which the amount appropriated to the Secretary for hazardous
fuels reduction is in excess of $300,000,000, the Secretary--
``(A) is encouraged to use the excess amounts for
hazardous fuels reduction projects that incorporate
cross-boundary treatments of landscapes on Federal land
and non-Federal land; and
``(B) may use the excess amounts to support
authorized hazardous fuels reduction projects on non-
Federal lands through grants to State Foresters, or
equivalent State officials, in accordance with
subsection (e) in an amount equal to the greater of--
``(i) 20 percent of the excess amount; and
``(ii) $20,000,000.''; and
(2) by adding at the end the following new subsection:
``(e) Cross-Boundary Fuels Reduction Projects.--
``(1) In general.--To the maximum extent practicable, the
Secretary shall use the excess funds described in subsection
(d)(3) to support hazardous fuels reduction projects that
incorporate treatments for hazardous fuels reduction in
landscapes across ownership boundaries on Federal, State,
county, or Tribal land, private land, and other non-Federal
land, particularly in areas identified as priorities in
applicable State-wide forest resource assessments or strategies
under section 2A(a) of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the
State Forester and the Regional Forester.
``(2) Land treatments.--To conduct and fund treatments for
projects that include Federal and non-Federal land, the
Secretary may--
``(A) use the authorities of the Secretary relating
to cooperation and technical and financial assistance,
including the good neighbor authority under--
``(i) section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a); and
``(ii) section 331 of the Department of the
Interior and Related Agencies Appropriations
Act, 2001 (16 U.S.C. 1011 note; Public Law 106-
291); and
``(B) allocate excess funds under subsection (d)(3)
for projects carried out pursuant to section 8206 of
the Agricultural Act of 2014 (16 U.S.C. 2113a).
``(3) Cooperation.--In carrying out this subsection, the
State Forester, in consultation with the Secretary (or a
designee)--
``(A) shall consult with the owners of State, county,
Tribal, and private land and other non-Federal land
with respect to hazardous fuels reduction projects; and
``(B) shall not implement any project on non-Federal
land without the consent of the owner of the non-
Federal land.
``(4) Existing laws.--Regardless of the individual or entity
implementing a project on non-Federal land under this
subsection, only the laws and regulations that apply to non-
Federal land shall be applicable with respect to the
project.''.
SEC. 8333. REGULATIONS REGARDING DESIGNATION OF DEAD OR DYING TREES OF
CERTAIN TREE SPECIES ON NATIONAL FOREST SYSTEM
LANDS IN CALIFORNIA AS EXEMPT FROM PROHIBITION ON
EXPORT OF UNPROCESSED TIMBER ORIGINATING FROM
FEDERAL LANDS.
(a) Issuance of Regulations.--Consistent with the rulemaking
procedures specified in paragraph (2) of subsection (b) of section 489
of the Forest Resources Conservation and Shortage Relief Act of 1990
(16 U.S.C. 620a), the Secretary of Agriculture shall make a
determination under paragraph (1) of such subsection that unprocessed
timber derived from dead or dying trees of a covered tree species
originating on National Forest System lands in the State of California
are surplus to domestic manufacturing needs and therefore exempt from
the export prohibition contained in subsection (a) of such section.
(b) Elimination of Adverse Effects.--In making the determination
under subsection (a) and in implementing any regulations issued under
such subsection, the Secretary of Agriculture shall--
(1) consult with representatives of sawmills in the State of
California and other interested persons; and
(2) make reasonable efforts to avoid adversely impacting the
domestic sawmill industry in the State of California.
(c) Special Contract Provisions.--The Secretary of Agriculture may
adjust contract provisions for Forest Service contracts in region 5 of
the National Forest System as the Secretary considers appropriate to
ensure successful implementation of, and compliance with, the
regulations issued under subsection (a).
(d) Relation to Limitations on Timber Substitution.--Section 490 of
the Forest Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620b) shall not apply to unprocessed timber designated as
surplus pursuant to the regulations issued under subsection (a).
(e) Additional Staff for Implementation.--Using funds otherwise
available to the Forest Service for management, protection,
improvement, and utilization of the National Forest System, the
Secretary of Agriculture may hire additional Forest Service employees
to implement the regulations issued under subsection (a).
(f) Duration of Regulations; Periodic Review.--The regulations issued
under subsection (a) shall remain in effect for a 10-year period
beginning on the date of the issuance of the regulations, except that
the continued need for the regulations shall be subject to the periodic
review required by the second sentence of section 489(b)(2) of the
Forest Resources Conservation and Shortage Relief Act of 1990 (16
U.S.C. 620a(b)(2)).
(g) Definitions.--In this section:
(1) Covered tree species.--The term ``covered tree species''
means the following pine species:
(A) Ponderosa pine (Pinus ponderosa).
(B) Sugar pine (Pinus lambertiana).
(C) Jeffrey pine (Pinus jefferyi).
(D) Lodgepole pine (Pinus contorta).
(2) Died or dying.--The term ``died or dying'', with respect
to a covered tree species, shall be determined in a manner
consistent with applicable Forest Service standards.
Subtitle D--Tribal Forestry Participation and Protection
SEC. 8401. PROTECTION OF TRIBAL FOREST ASSETS THROUGH USE OF
STEWARDSHIP END RESULT CONTRACTING AND OTHER
AUTHORITIES.
(a) Prompt Consideration of Tribal Requests.--Section 2(b) of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a(b)) is amended--
(1) in paragraph (1), by striking ``Not later than 120 days
after the date on which an Indian tribe submits to the
Secretary'' and inserting ``In response to the submission by an
Indian Tribe of''; and
(2) by adding at the end the following new paragraph:
``(4) Time periods for consideration.--
``(A) Initial response.--Not later than 120 days
after the date on which the Secretary receives a Tribal
request under paragraph (1), the Secretary shall
provide an initial response to the Indian Tribe
regarding--
``(i) whether the request may meet the
selection criteria described in subsection (c);
and
``(ii) the likelihood of the Secretary
entering into an agreement or contract with the
Indian Tribe under paragraph (2) for activities
described in paragraph (3).
``(B) Notice of denial.--Notice under subsection (d)
of the denial of a Tribal request under paragraph (1)
shall be provided not later than 1 year after the date
on which the Secretary received the request.
``(C) Completion.--Not later than 2 years after the
date on which the Secretary receives a Tribal request
under paragraph (1), other than a Tribal request denied
under subsection (d), the Secretary shall--
``(i) complete all environmental reviews
necessary in connection with the agreement or
contract and proposed activities under the
agreement or contract; and
``(ii) enter into the agreement or contract
with the Indian Tribe under paragraph (2).''.
(b) Conforming and Technical Amendments.--Section 2 of the Tribal
Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended--
(1) in subsections (b)(1) and (f)(1), by striking ``section
347 of the Department of the Interior and Related Agencies
Appropriations Act, 1999 (16 U.S.C. 2104 note; Public Law 105-
277) (as amended by section 323 of the Department of the
Interior and Related Agencies Appropriations Act, 2003 (117
Stat. 275))'' and inserting ``section 604 of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591c)''; and
(2) in subsection (d), by striking ``subsection (b)(1), the
Secretary may'' and inserting ``paragraphs (1) and (4)(B) of
subsection (b), the Secretary shall''.
SEC. 8402. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
The Secretary of the Interior and the Secretary of Agriculture may
carry out demonstration projects by which federally recognized Indian
Tribes or Tribal organizations may contract to perform administrative,
management, and other functions of programs of the Tribal Forest
Protection Act of 2004 (25 U.S.C. 3115a et seq.) through contracts
entered into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304 et seq.).
Subtitle E--Other Matters
SEC. 8501. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD
BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-driven
research and development, education, and technical assistance for the
purpose of facilitating the use of innovative wood products in wood
building construction in the United States.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
that meets measurable performance goals for the achievement of
the priorities described in subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education, and
technical assistance conducted under subsection (a) shall give priority
to--
(1) ways to improve the commercialization of innovative wood
products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Secretary of the life cycle
environmental footprint, from extraction of raw materials
through the manufacturing process, of tall wood building
construction;
(4) analyzing methods to reduce the life cycle environmental
footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on wildlife;
and
(6) one or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research and development, education, and
technical assistance conducted under subsection (a) shall be achievable
within a 5-year period.
(e) Definitions.--In this section:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail-laminated timber;
(C) glue-laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture, acting through the Research and Development deputy
area and the State and Private Forestry deputy area of the
Forest Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 8502. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT
PILOT PROGRAM.
(a) Pilot Program Required.--To encourage owners or operators of
rights-of-way on National Forest System land to partner with the Forest
Service to voluntarily perform vegetation management on a proactive
basis to better protect utility infrastructure from potential passing
wildfires, the Secretary shall conduct a limited, voluntary pilot
program, in the manner described in this section, to permit vegetation
management projects on National Forest System land adjacent to or near
such rights-of-way.
(b) Eligible Participants.--A participant in the pilot program must
have a right-of-way on National Forest System land. In selecting
participants, the Secretary shall give priority to holders of a right-
of-way who have worked with Forest Service fire scientists and used
technologies, such as Light Detection and Ranging surveys, to improve
utility infrastructure protection prescriptions.
(c) Project Elements.--A vegetation management project under the
pilot program involves limited and selective vegetation management
activities, which--
(1) shall create the least amount of disturbance reasonably
necessary to protect utility infrastructure from passing
wildfires based on applicable models, including Forest Service
fuel models;
(2) may include thinning, fuel reduction, creation and
treatment of shaded fuel breaks, and other measures as
appropriate;
(3) shall only take place adjacent to the participant's
right-of-way or within 75 feet of the participant's right-of-
way;
(4) shall not take place in any designated wilderness area,
wilderness study area, or inventoried roadless area; and
(5) shall be subject to approval by the Forest Service in
accordance with this section.
(d) Project Costs.--A participant in the pilot program shall be
responsible for all costs, as determined by the Secretary, incurred in
participating in the pilot program, unless the Secretary determines
that it is in the public interest for the Forest Service to contribute
funds for a vegetation management project conducted under the pilot
program.
(e) Liability.--
(1) In general.--Participation in the pilot program does not
affect any existing legal obligations or liability standards
that--
(A) arise under the right-of-way for activities in
the right-of-way; or
(B) apply to fires resulting from causes other than
activities conducted pursuant to an approved vegetation
management project.
(2) Project work.--A participant shall not be liable to the
United States for damage proximately caused by activities
conducted pursuant to an approved vegetation management project
unless--
(A) such activities were carried out in a manner that
was grossly negligent or that violated criminal law; or
(B) the damage was caused by the failure of the
participant to comply with specific safety requirements
expressly imposed by the Forest Service as a condition
of participating in the pilot program.
(f) Implementation.--The Secretary shall utilize existing laws and
regulations in the conduct of the pilot program and, in order to
implement the pilot program in an efficient and expeditious manner, may
waive or modify specific provisions of the Federal Acquisition
Regulation, including modifications to allow for formation of contracts
or agreements on a noncompetitive basis.
(g) Treatment of Proceeds.--Notwithstanding any other provision of
law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use such funds, in such amounts as may be appropriated,
in the conduct of the pilot program.
(h) Definitions.--In this section:
(1) National forest system land.--The term ``National Forest
System land'' means land within the National Forest System, as
defined in section 11(a) of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of
the National Grasslands and land utilization projects
designated as National Grasslands administered pursuant to the
Act of July 22, 1937 (7 U.S.C. 1010-1012).
(2) Passing wildfire.--The term ``passing wildfire'' means a
wildfire that originates outside the right-of-way.
(3) Right-of-way.--The term ``right-of-way'' means a special
use authorization issued by the Forest Service allowing the
placement of utility infrastructure.
(4) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural gas
infrastructure, or related structures.
(i) Duration.--The authority to conduct the pilot program, and any
vegetation management project under the pilot program, expires December
21, 2027.
(j) Report to Congress.--Not later than December 31, 2019, and every
two years thereafter, the Secretary shall issue a report to the
Committee on Energy and Natural Resources of the Senate, the Committee
on Agriculture, Nutrition, and Forestry of the Senate, the Committee on
Natural Resources of the House of Representatives, and the Committee on
Agriculture of the House of Representatives on the status of the
program and any projects established under this section.
SEC. 8503. REVISION OF EXTRAORDINARY CIRCUMSTANCES REGULATIONS.
(a) Determinations of Extraordinary Circumstances.--In determining
whether extraordinary circumstances related to a proposed action
preclude use of a categorical exclusion, the Forest Service shall not
be required to--
(1) consider whether a proposed action is within a potential
wilderness area;
(2) consider whether a proposed action affects a Forest
Service sensitive species;
(3) conduct an analysis under section 220.4(f) of title 36,
Code of Federal Regulations, of the proposed action's
cumulative impact (as the term is defined in section 1508.7 of
title 40, Code of Federal Regulations);
(4) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, but is not likely to adversely affect,
threatened, endangered, or candidate species, or designated
critical habitats; or
(5) consider a determination under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) that a proposed
action may affect, and is likely to adversely affect
threatened, endangered, candidate species, or designated
critical habitat if the agency is in compliance with the
applicable provisions of the biological opinion.
(b) Proposed Rulemaking.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Agriculture shall publish a
notice of proposed rulemaking to revise section 220.6(b) of title 36,
Code of Federal Regulations to conform such section with subsection
(a).
(c) Additional Revision.--As part of the proposed rulemaking
described in subsection (b), the Secretary of Agriculture shall revise
section 220.5(a)(2) of title 36, Code of Federal Regulations, to
provide that the Forest Service shall not be required to consider
proposals that would substantially alter a potential wilderness area as
a class of actions normally requiring environmental impact statements.
(d) Additional Actions.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Agriculture shall issue
final regulations to carry out the revisions described in subsections
(b) and (c).
SEC. 8504. NO LOSS OF FUNDS FOR WILDFIRE SUPPRESSION.
Nothing in this title or the amendments made by this title may be
construed to limit from the availability of funds or other resources
for wildfire suppression.
SEC. 8505. TECHNICAL CORRECTIONS.
(a) Wildfire Suppression Funding and Forest Management Activities
Act.--
(1) In general.-- The Wildfire Suppression Funding and Forest
Management Activities Act (Public Law 115-141) is amended--
(A) in section 102(a)(2), by striking ``the date of
enactment'' and inserting ``the date of the
enactment''; and
(B) in section 401(a)(1), by inserting ``of 2000''
after ``Self-Determination Act''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if enacted as part of the Wildfire
Suppression Funding and Forest Management Activities Act
(Public Law 115-141).
(b) Agricultural Act of 2014.--Section 8206(a) of the Agricultural
Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (3)(B)(i)(II), by striking ``Good Neighbor
Authority Improvement Act'' and inserting ``Wildfire
Suppression Funding and Forest Management Activities Act''; and
(2) in paragraph (7), as redesignated by section 8331, by
striking ``Good Neighbor Authority Improvement Act'' and
inserting ``Wildfire Suppression Funding and Forest Management
Activities Act''.
TITLE IX--HORTICULTURE
Subtitle A--Horticulture Marketing and Information
SEC. 9001. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 1622b(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 9002. FARMERS' MARKET AND LOCAL FOOD PROMOTION PROGRAM.
Section 6(g) of the Farmer-to-Consumer Direct Marketing Act of 1976
(7 U.S.C. 3005(g)) is amended--
(1) in paragraph (3), by striking ``this section'' and all
that follows through ``2018.'' and inserting the following:
``this section--
``(A) $10,000,000 for each of fiscal years 2014
through 2018; and
``(B) $30,000,000 for each of fiscal years 2019
through 2023.'';
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (2), (3), (4), and (5), respectively.
SEC. 9003. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7655a(c)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 9004. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``agriculture solely to enhance the
competitiveness of specialty crops.'' and inserting the
following: ``agriculture to--
``(1) enhance the competitiveness of specialty crops;
``(2) leverage efforts to market and promote specialty crops;
``(3) assist producers with research and development;
``(4) expand availability and access to specialty crops;
``(5) address local, regional, and national challenges
confronting specialty crop producers; and
``(6) other priorities as determined by the Secretary in
consultation with relevant State departments of agriculture.'';
(2) in subsection (k), by adding at the end the following new
paragraph:
``(3) Evaluation of performance.--The Secretary shall enter
into a cooperative agreement with relevant State departments of
agriculture and specialty crop industry stakeholders that agree
to--
``(A) develop, in consultation with the Secretary,
performance measures to be used as the sole means for
performing an evaluation under subparagraph (B); and
``(B) periodically evaluate the performance of the
program established under this section.''; and
(3) in subsection (l)(2)(E), by striking ``fiscal year 2018''
and inserting ``each of fiscal years 2018 through 2023''.
SEC. 9005. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.
(a) Asexually Reproduced Defined.--Section 41(a) of the Plant Variety
Protection Act (7 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), and (9) as paragraphs (2), (3), (4), (5), (6), (7),
(8), (9), and (10), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
``(1) Asexually reproduced.--The term `asexually reproduced'
means produced by a method of plant propagation using
vegetative material (other than seed) from a single parent,
including cuttings, grafting, tissue culture, and propagation
by root division.''.
(b) Right to Plant Variety Protection; Plant Varieties Protectable.--
Section 42(a) of the Plant Variety Protection Act (7 U.S.C. 2402(a)) is
amended by striking ``or tuber propagated'' and inserting ``, tuber
propagated, or asexually reproduced''.
(c) Infringement of Plant Variety Protection.--Section 111(a)(3) of
the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by
inserting ``or asexually'' after ``sexually''.
(d) False Marketing; Cease and Desist Orders.--Section 128(a) of the
Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the
matter preceding paragraph (1), by inserting ``or asexually'' after
``sexually''.
SEC. 9006. ORGANIC PROGRAMS.
(a) Additional Accreditation Authority.--Section 2115 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6514) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Satellite Offices and Overseas Operations.--The Secretary--
``(1) has oversight and approval authority with respect to a
certifying agent accredited under this section who is operating
as a certifying agent in a foreign country for the purpose of
certifying a farm or handling operation in such foreign country
as a certified organic farm or handling operation; and
``(2) shall require that each certifying agent that intends
to operate in any foreign country as described in paragraph (1)
is authorized by the Secretary to so operate on an annual
basis.''.
(b) National List of Approved and Prohibited Substances for Organic
Farming or Handling Operations.--Section 2119(n) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6518(n)) is amended to read as
follows:
``(n) Petitions.--
``(1) In general.--The Board shall establish procedures under
which persons may petition the Board for the purpose of
evaluating substances for inclusion on the National List.
``(2) Expedited review.--The Secretary shall develop
procedures under which the review of a petition referred to in
paragraph (1) may be expedited if the petition seeks to include
on the National List a postharvest handling substance that is
related to food safety or a class of such substances.
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed as providing that section 2118(d) does not apply
with respect to the inclusion of a substance on the National
List pursuant to such paragraph.''.
(c) Certain Employees Eligible to Serve as National Organics
Standards Board Members.--Section 2119(b) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6518(b)) is amended--
(1) in paragraph (1), by inserting ``, or employees of such
individuals'' after ``operation'';
(2) in paragraph (2), by inserting ``, or employees of such
individuals'' after ``operation''; and
(3) in paragraph (3), by inserting ``, or an employee of such
individual'' after ``products''.
(d) National Organic Standards Board Consultation Requirements.--
Section 2119(l) of the Organic Foods Production Act of 1990 (7 U.S.C.
6518(l)) is amended--
(1) in paragraph (2), by striking ``; and'' at the end and
inserting a semicolon;
(2) in paragraph (3)--
(A) by striking ``and the evaluation of the technical
advisory panel'' and inserting ``, the evaluation of
the technical advisory panel, and the determinations of
the task force required under paragraph (4)''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of a substance not included in the National
List that the Commissioner of Food and Drugs has determined to
be safe for use within the meaning of section 201(s) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(s)) or the
Administrator of the Environmental Protection Agency has
determined there is a reasonable certainty that no harm will
result from aggregate exposure to the pesticide chemical
residue, including all anticipated dietary exposures and all
other exposures for which there is reliable information,
convene a task force to consult with the Commissioner or
Administrator (or the designees thereof), as applicable, to
determine if such substance should be included in the National
List.''.
(e) Recordkeeping, Investigation, and Enforcement.--
(1) Collaborative investigations and enforcement.--Section
2120 of the Organic Foods Production Act of 1990 (7 U.S.C.
6519) is amended by adding at the end the following new
subsection:
``(d) Collaborative Investigations and Enforcement.--
``(1) Information sharing during active investigation.--In
carrying out this title, all parties to an active investigation
(including certifying agents, State organic certification
programs, and the national organic program) may share
confidential business information with Federal and State
government officers and employees and certifying agents
involved in the investigation as necessary to fully investigate
and enforce potential violations of this title.
``(2) Access to data documentation systems.--The Secretary
shall have access to available data from cross-border
documentation systems administered by other Federal agencies,
including--
``(A) the Automated Commercial Environment system of
U.S. Customs and Border Protection; and
``(B) the Phytosanitary Certificate Issuance and
Tracking system of the Animal and Plant Health
Inspection Service.
``(3) Additional documentation and verification.--The
Secretary, acting through the Deputy Administrator of the
national organic program under this title, has the authority,
and shall grant an accredited certifying agent the authority,
to require producers and handlers to provide additional
documentation or verification before granting certification
under section 2104, in the case of a known area of risk or when
there is a specific area of concern, with respect to meeting
the national standards for organic production established under
section 2105, as determined by the Secretary or the certifying
agent.''.
(2) Modification of regulations on exclusions from
certification.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Agriculture shall issue
regulations to limit the type of operations that are excluded
from certification under section 205.101 of title 7, Code of
Federal Regulations (or a successor regulation).
(f) Reporting Requirement.--Section 2122 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end
the following new subsection:
``(c) Reporting Requirement.--Not later than March 1, 2019, and
annually thereafter through March 1, 2023, the Secretary shall submit
to Congress a report describing national organic program activities
with respect to all domestic and overseas investigations and compliance
actions taken pursuant to this title during the preceding year.''.
(g) Authorization of Appropriations for National Organic Program.--
Subsection (b) of section 2123 of the Organic Foods Production Act of
1990 (7 U.S.C. 6522) is amended to read as follows:
``(b) National Organic Program.--Notwithstanding any other provision
of law, in order to carry out activities under the national organic
program established under this title, there are authorized to be
appropriated--
``(1) $15,000,000 for fiscal year 2018;
``(2) $16,500,000 for fiscal year 2019;
``(3) $18,000,000 for fiscal year 2020;
``(4) $20,000,000 for fiscal year 2021;
``(5) $22,000,000 for fiscal year 2022; and
``(6) $24,000,000 for fiscal year 2023.''.
(h) International Trade Technology Systems and Data Collection.--
Subsection (c) of section 2123 of the Organic Foods Production Act of
1990 (7 U.S.C. 6522) is amended to read as follows:
``(c) Modernization and Improvement of International Trade Technology
Systems and Data Collection.--
``(1) In general.--The Secretary shall modernize
international trade tracking and data collection systems of the
national organic program.
``(2) Activities.--In carrying out paragraph (1), the
Secretary shall modernize trade and transaction certificates to
ensure full traceability without unduly hindering trade, such
as through an electronic trade document exchange system.
``(3) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $5,000,000 for
fiscal year 2019 for the purposes of--
``(A) carrying out this subsection; and
``(B) maintaining the database and technology
upgrades previously carried out under this subsection,
as in effect on the day before the date of the
enactment of the Agriculture and Nutrition Act of 2018.
``(4) Availability.--The amounts made available under
paragraph (3) are in addition to any other funds made available
for the purposes specified in such paragraph and shall remain
available until expended.''.
(i) Organic Production and Market Data Initiatives.--Section 7407(d)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
5925c(d)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following new paragraph:
``(1) Mandatory funding for fiscal year 2019.--Of the funds
of the Commodity Credit Corporation, the Secretary shall use to
carry out this section $5,000,000 for fiscal year 2019, to
remain available until expended.'';
(2) in paragraph (3)--
(A) by striking ``paragraphs (1) and (2)'' and
inserting ``paragraph (1)''; and
(B) by striking ``2018'' and inserting ``2023''; and
(3) by redesignating paragraph (3), as so amended, as
paragraph (2).
Subtitle B--Regulatory Reform
PART I--STATE LEAD AGENCIES UNDER FEDERAL INSECTICIDE, FUNGICIDE, AND
RODENTICIDE ACT
SEC. 9101. RECOGNITION AND ROLE OF STATE LEAD AGENCIES.
(a) State Lead Agency Defined.--Section 2(aa) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(aa)) is
amended--
(1) by striking ``(aa) State.--The term'' and inserting the
following:
``(aa) State; State Lead Agency.--
``(1) State.--The term''; and
(2) by adding at the end the following:
``(2) State lead agency.--The term `State lead agency' means
a statewide department, agency, board, bureau, or other entity
in a State that is authorized to regulate, in a manner
consistent with section 24(a), the sale or use of any federally
registered pesticide or device in such State.''.
(b) Uniform Regulation of Pesticides.--
(1) Cooperation with and role of state lead agency.--Section
22(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136t(b)) is amended by inserting before the
period at the end the following: ``promulgated by the
Administrator or, when authorized pursuant to a cooperative
agreement entered into under section 23(a)(1), by a State lead
agency for a State''.
(2) Authority to establish and maintain uniform
regulations.--Section 23(a)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136u(a)(1)) is amended
by inserting after ``enforcement of this Act,'' the following:
``to authorize the State or Indian Tribe to establish and
maintain uniform regulation of pesticides within the State or
for the Indian Tribe,''.
(3) Condition on more restrictive regulation.--Section 24(a)
of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136v(a)) is amended by striking ``A State may'' and
inserting ``A State, but not a political subdivision of a
State, may''.
(c) Role of State Lead Agencies in Promulgation of Regulations.--
Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136w(a)(2)) is amended--
(1) in subparagraph (A)--
(A) in the first sentence, by inserting ``and each
State lead agency'' after ``Agriculture'';
(B) by striking the second sentence and inserting the
following: ``If the Secretary or any State lead agency
comments in writing to the Administrator regarding any
such regulation within 30 days after receiving the copy
of the regulation, the Administrator shall publish in
the Federal Register (with the proposed regulation) all
such comments and the response of the Administrator to
the comments.''; and
(C) in the third sentence, by inserting ``or any
State lead agency'' after ``Secretary'';
(2) in subparagraph (B)--
(A) in the first sentence, by inserting ``and each
State lead agency'' after ``Agriculture'';
(B) by striking the second sentence and inserting the
following: ``If the Secretary or any State lead agency
comments in writing to the Administrator regarding any
such regulation within 15 days after receiving the copy
of the regulation, the Administrator shall publish in
the Federal Register (with the final regulation) the
comments of the Secretary or State lead agency, if
requested by the Secretary or State lead agency, and
the response of the Administrator to the comments.'';
and
(C) in the third sentence, by inserting ``or any
State lead agency'' after ``Secretary''; and
(3) in subparagraph (C), by inserting before the period at
the end the following: ``, in consultation with the State lead
agencies''.
PART II--PESTICIDE REGISTRATION AND USE
SEC. 9111. REGISTRATION OF PESTICIDES.
(a) Approval of Registration.--Section 3(c)(5) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is
amended--
(1) by redesignating subparagraphs (A) through (D) as clauses
(i) through (iv), respectively and moving the margins of such
clauses (as so redesignated) 2 ems to the right;
(2) by striking ``registration.--The Administrator'' and
inserting the following: ``registration.--
``(A) In general.--The Administrator;'';
(3) in clause (iii), as so redesignated, by striking ``;
and'' at the end and inserting a semicolon;
(4) in clause (iv), as so redesignated, by striking the
period at the end and inserting ``; and'';
(5) in the matter following clause (iv), as so redesignated,
by striking ``The Administrator shall not make any lack'' and
all that follows through ``for use of the pesticide in such
State.'';
(6) in subparagraph (A), as amended, by adding at the end the
following new clause:
``(v) when used in accordance with widespread
and commonly recognized practice it is not
likely to jeopardize the survival of a
federally listed threatened or endangered
species or directly or indirectly alter, in a
manner that is likely to appreciably diminish
its value, critical habitat for both the
survival and recovery of such species.''; and
(7) by adding at the end the following new subparagraphs:
``(B) Principles to be applied to certain
determinations.--In determining whether the condition
specified in subparagraph (A)(v) is met, the
Administrator shall take into account the best
scientific and commercial information and data
available, and shall consider all directions for use
and restrictions on use specified by the registration.
In making such determination, the Administrator shall
use an economical and effective screening process that
includes higher-tiered probabilistic ecological risk
assessments, as appropriate. Notwithstanding any other
provision of law, the Administrator shall not be
required to consult or otherwise communicate with the
Secretary of the Interior and the Secretary of Commerce
except to the extent specified in subparagraphs (C) and
(D).
``(C) Species information and data.--
``(i) Request.--Not later than 30 days after
the Administrator begins any determination
under subparagraph (A)(v) with respect to the
registration of a pesticide, the Administrator
shall request that the Secretary of the
Interior and the Secretary of Commerce
transmit, with respect to any federally listed
threatened and endangered species involved in
such determination, the Secretaries' best
available and authoritative information and
data on--
``(I) the location, life history,
habitat needs, distribution, threats,
population trends and conservation
needs of such species; and
``(II) relevant physical and
biological features of designated
critical habitat for such species.
``(ii) Transmission of data.--After receiving
a request under clause (i), the Secretary of
the Interior and the Secretary of Commerce
shall transmit the information described in
such clause to the Administrator on a timely
basis, unless the Secretary of the Interior and
the Secretary of Commerce have made such
information available through a web-based
platform that is updated on at least a
quarterly basis.
``(iii) Failure to transmit data.--The
failure of the Secretary of the Interior or the
Secretary of Commerce to provide information to
the Administrator under clause (ii) shall not
constitute grounds for extending any deadline
for action under section 33(f).
``(D) Consultation.--
``(i) In general.--At the request of an
applicant, the Administrator shall request
consultation with the Secretary of the Interior
and the Secretary of Commerce.
``(ii) Requirements.--With respect to a
consultation under this subparagraph, the
Administrator and the Secretary of the Interior
and the Secretary of Commerce shall comply with
subpart D of part 402 of title 50, Code of
Federal Regulations (commonly known as the
Joint Counterpart Endangered Species Act
Section 7 Consultation), or successor
regulations.
``(E) Failure to consult.--
``(i) Not actionable.--Notwithstanding any
other provision of law, beginning on the date
of the enactment of this subparagraph, the
failure of the Administrator to consult with
the Secretary of the Interior and the Secretary
of Commerce, except as provided by this
section, is not actionable in any Federal
court.
``(ii) Remedy.--In any action pending in
Federal court on the date of the enactment of
this subparagraph or any action brought in
Federal court after such date, with respect to
the Administrator's failure to consult with the
Secretary of the Interior and the Secretary of
Commerce, the sole and exclusive remedy for any
such action, other than as otherwise specified
in this Act, shall be scheduling the
determinations required by section 3(c)(5)(E)
for an active ingredient consistent with the
periodic review of registrations established by
this section.
``(F) Essentiality and efficacy.--The Administrator
shall not make any lack of essentiality a criterion for
denying registration of any pesticide. Where two
pesticides meet the requirements of this paragraph, one
should not be registered in preference to the other. In
considering an application for the registration of a
pesticide, the Administrator may waive data
requirements pertaining to efficacy, in which event the
Administrator may register the pesticide without
determining that the pesticide's composition is such as
to warrant proposed claims of efficacy. If a pesticide
is found to be efficacious by any State under section
24(c), a presumption is established that the
Administrator shall waive data requirements pertaining
to efficacy for use of the pesticide in such State.''.
(b) Registration Under Special Circumstances.--Section 3(c)(7) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a(c)(7)) is amended--
(1) in subparagraph (A)--
(A) by inserting ``and when used in accordance with
widespread and commonly recognized practice, it is not
likely to jeopardize the survival of a federally listed
threatened or endangered species or appreciably
diminish the value of critical habitat for both the
survival and recovery of the listed species,'' after
``or differ only in ways that would not significantly
increase the risk of unreasonable adverse effects on
the environment,''; and
(B) by inserting ``and it is not likely to jeopardize
the survival of a federally listed threatened or
endangered species or appreciably diminish the value of
critical habitat for both the survival and recovery of
the listed species'' before ``. An applicant seeking
conditional registration''; and
(2) in subparagraph (B), by inserting ``and it is not likely
to jeopardize the survival of a federally listed threatened or
endangered species or directly or indirectly appreciably
diminish the value of critical habitat for both the survival
and recovery of the listed species'' before ``. Notwithstanding
the foregoing provisions''.
(c) Registration Review.--Section 3(g)(1)(A) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(g)(1)(A)) is
amended by adding at the end the following new clause:
``(vi) Ensuring protection of species and habitat.--
The Administrator shall complete the determination
required under subsection (c)(5)(A)(v) for an active
ingredient consistent with the periodic review of
registrations under clauses (ii) and (iii) in
accordance with the following schedule:
``(I) With respect to any active ingredient
first registered on or before October 1, 2007,
not later than October 1, 2026.
``(II) With respect to any active ingredient
first registered between October 1, 2007, and
the day before the date of the enactment of
this clause, not later than October 1, 2033.
``(III) With respect to any active ingredient
first registered on or after the date of the
enactment of this clause, not later than 48
months after the effective date of
registration.''.
SEC. 9112. EXPERIMENTAL USE PERMITS.
Section 5(a) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136c(a)) is amended by inserting ``and that the issuance
of such a permit is not likely to jeopardize the survival of a
federally listed threatened or endangered species or diminish the value
of critical habitat for both the survival and recovery of the listed
species'' after ``section 3 of this Act''.
SEC. 9113. ADMINISTRATIVE REVIEW; SUSPENSION.
Section 6(b) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136d(b)) is amended by inserting ``or does not meet the
criteria specified in section 3(c)(5)(A)(v)'' after ``adverse effects
on the environment''.
SEC. 9114. UNLAWFUL ACTS.
Section 12 of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136j) is amended by adding at the end the following new
subsection:
``(c) Lawful Use of Pesticide Resulting in Incidental Taking of
Certain Species.--If the Administrator determines, with respect to a
pesticide that is registered under this Act, that the pesticide meets
the criteria specified in section 3(c)(5)(A)(v), any taking of a
federally listed threatened or endangered species that is incidental to
an otherwise lawful use of such pesticide pursuant to this Act shall
not be considered unlawful under--
``(1) section 4(d) of the Endangered Species Act of 1973 (16
U.S.C. 1533(d)); or
``(2) section 9(a)(1)(B) of the Endangered Species Act of
1973 (16 U.S.C. 1538(a)(1)(B)).''.
SEC. 9115. AUTHORITY OF STATES.
Section 24(c) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136v(c)) is amended--
(1) in paragraph (2), in the second sentence, by inserting
``and the State registration is not likely to jeopardize the
survival of a federally listed threatened or endangered species
or directly or indirectly alter in a manner that is likely to
appreciably diminish the value of critical habitat for both the
survival and recovery of the listed species'' before the period
at the end; and
(2) by striking paragraph (4).
SEC. 9116. REGULATIONS.
Not later than 180 days after the date of the enactment of this Act,
the Administrator of the Environmental Protection Agency shall publish,
and revise thereafter as appropriate, a work plan and processes for
completing the determinations required by clause (v) of section
3(c)(5)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a(c)(5)(A)), as added by section 9111(a), and implementing
and enforcing standards of registration consistent with such clause and
consistent with registration reviews and other periodic reviews.
SEC. 9117. USE OF AUTHORIZED PESTICIDES.
Section 3(f) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a(f)) is amended by adding at the end the following:
``(5) Use of authorized pesticides.--Except as provided in
section 402(s) of the Federal Water Pollution Control Act, the
Administrator or a State may not require a permit under such
Act for a discharge from a point source into navigable waters
of a pesticide authorized for sale, distribution, or use under
this Act, or the residue of such a pesticide, resulting from
the application of such pesticide.''.
SEC. 9118. DISCHARGES OF PESTICIDES.
Section 402 of the Federal Water Pollution Control Act (33 U.S.C.
1342) is amended by adding at the end the following:
``(s) Discharges of Pesticides.--
``(1) No permit requirement.--Except as provided in paragraph
(2), a permit shall not be required by the Administrator or a
State under this Act for a discharge from a point source into
navigable waters of a pesticide authorized for sale,
distribution, or use under the Federal Insecticide, Fungicide,
and Rodenticide Act, or the residue of such a pesticide,
resulting from the application of such pesticide.
``(2) Exceptions.--Paragraph (1) shall not apply to the
following discharges of a pesticide or pesticide residue:
``(A) A discharge resulting from the application of a
pesticide in violation of a provision of the Federal
Insecticide, Fungicide, and Rodenticide Act that is
relevant to protecting water quality, if--
``(i) the discharge would not have occurred
but for the violation; or
``(ii) the amount of pesticide or pesticide
residue in the discharge is greater than would
have occurred without the violation.
``(B) Stormwater discharges subject to regulation
under subsection (p).
``(C) The following discharges subject to regulation
under this section:
``(i) Manufacturing or industrial effluent.
``(ii) Treatment works effluent.
``(iii) Discharges incidental to the normal
operation of a vessel, including a discharge
resulting from ballasting operations or vessel
biofouling prevention.''.
SEC. 9119. ENACTMENT OF PESTICIDE REGISTRATION IMPROVEMENT ENHANCEMENT
ACT OF 2017.
H.R. 1029 of the 115th Congress, entitled the ``Pesticide
Registration Improvement Enhancement Act of 2017'', as passed by the
House of Representatives on March 20, 2017, is hereby enacted into law.
PART III--AMENDMENTS TO THE PLANT PROTECTION ACT
SEC. 9121. METHYL BROMIDE.
Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended to
read as follows:
``SEC. 419. METHYL BROMIDE.
``(a) Authorization.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State, local, or Tribal authority may authorize the use of
methyl bromide for a qualified use if the authority determines
the use is required to respond to an emergency event. The
Secretary may authorize such a use if the Secretary determines
such a use is required to respond to an emergency event.
``(2) Notification.--Not later than 5 days after the date on
which a State, local, or Tribal authority makes the
determination described in paragraph (1), the State, local, or
Tribal authority intending to authorize the use of methyl
bromide for a qualified use shall submit to the Secretary a
notification that contains the information described in
subsection (b).
``(3) Objection.--A State, local, or Tribal authority may not
authorize the use of methyl bromide under paragraph (1) if the
Secretary objects to such use under subsection (c) within the
5-day period specified in such subsection.
``(b) Notification Contents.--A notification submitted under
subsection (a)(2) by a State, local, or Tribal authority shall
contain--
``(1) a certification that the State, local, or Tribal
authority requires the use of methyl bromide to respond to an
emergency event;
``(2) a description of the emergency event and the economic
loss that would result from such emergency event;
``(3) the identity and contact information for the
responsible individual of the authority; and
``(4) with respect to the qualified use of methyl bromide
that is the subject of the notification--
``(A) the specific location in which the methyl
bromide is to be used and the total acreage of such
location;
``(B) the identity of the pest or pests to be
controlled by such use;
``(C) the total volume of methyl bromide to be used;
and
``(D) the anticipated date of such use.
``(c) Objection.--
``(1) In general.--The Secretary, not later than 5 days after
the receipt of a notification submitted under subsection
(a)(2), may object to the authorization of the use of methyl
bromide under such subsection by a State, local, or Tribal
authority by sending the State, local, or Tribal authority a
notification in writing of such objection that--
``(A) states the reasons for such objection; and
``(B) specifies any additional information that the
Secretary would require to withdraw the objection.
``(2) Reasons for objection.--The Secretary may object to an
authorization described in paragraph (1) if the Secretary
determines that--
``(A) the notification submitted under subsection
(a)(2) does not--
``(i) contain all of the information
specified in paragraphs (1) through (4) of
subsection (b); or
``(ii) demonstrate the existence of an
emergency event; or
``(B) the qualified use specified in the notification
does not comply with the limitations specified in
subsection (e).
``(3) Withdrawal of objection.--The Secretary shall withdraw
an objection under this subsection if--
``(A) not later than 14 days after the date on which
the Secretary sends the notification under paragraph
(1) to the State, local, or Tribal authority involved,
the State, local, or Tribal authority submits to the
Secretary the additional information specified in such
notification; and
``(B) such additional information is submitted to the
satisfaction of the Secretary.
``(4) Effect of withdrawal.--Upon the issuance of a
withdrawal under paragraph (3), the State, local, or Tribal
authority involved may authorize the use of methyl bromide for
the qualified use specified in the notification submitted under
subsection (a)(2).
``(d) Use for Emergency Events Consistent With FIFRA.--The
production, distribution, sale, shipment, application, or use of a
pesticide product containing methyl bromide in accordance with an
authorization for a use under subsection (a) shall be deemed an
authorized production, distribution, sale, shipment, application, or
use of such product under the Federal Insecticide, Fungicide, and
Rodenticide Act, regardless of whether the intended use is registered
and included in the label approved for the product by the Administrator
of the Environmental Protection Agency under such Act.
``(e) Limitations on Use.--
``(1) Limitations on use per emergency event.--The amount of
methyl bromide that may be used per emergency event at a
specific location shall not exceed 20 metric tons.
``(2) Limits on aggregate amount.--The aggregate amount of
methyl bromide allowed pursuant to this section for use in the
United States in a calendar year shall not exceed the total
amount authorized by the Parties to the Montreal Protocol
pursuant to the Montreal Protocol process for critical uses in
the United States in calendar year 2011.
``(f) Ensuring Adequate Supply of Methyl Bromide.--Notwithstanding
any other provision of law, it shall not be unlawful for any person or
entity to produce or import methyl bromide, or otherwise supply methyl
bromide from inventories (produced or imported pursuant to the Clean
Air Act for other purposes) in response to an emergency event in
accordance with subsection (a).
``(g) Exclusive Authority of the Secretary.--Nothing in this section
shall be construed to alter or modify the authority of the Secretary to
use methyl bromide for quarantine and pre-shipment, without limitation,
under the Clean Air Act.
``(h) Definitions.--
``(1) Emergency event.--The term `emergency event' means a
situation--
``(A) that occurs at a location on which a plant or
commodity is grown or produced or a facility providing
for the storage of, or other services with respect to,
a plant or commodity;
``(B) for which the lack of availability of methyl
bromide for a particular use would result in
significant economic loss to the owner, lessee, or
operator of such a location or facility or the owner,
grower, or purchaser of such a plant or commodity; and
``(C) that, in light of the specific agricultural,
meteorological, or other conditions presented, requires
the use of methyl bromide to control a pest or disease
in such location or facility because there are no
technically or economically feasible alternatives to
methyl bromide easily accessible by an entity referred
to in subparagraph (B) at the time and location of the
event that--
``(i) are registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136 et seq.) for the intended use or
pest to be so controlled; and
``(ii) would adequately control the pest or
disease presented at such location or facility.
``(2) Pest.--The term `pest' has the meaning given such term
in section 2 of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(3) Qualified use.--The term `qualified use' means, with
respect to methyl bromide, a methyl bromide treatment or
application in an amount not to exceed the limitations
specified in subsection (e) in response to an emergency
event.''.
PART IV--AMENDMENTS TO OTHER LAWS
SEC. 9131. DEFINITION OF RETAIL FACILITIES.
Not later than 180 days of the date of enactment of this Act, the
Secretary of Labor shall revise the process safety management of highly
hazardous chemicals standard under section 1910.119 of title 29, Code
of Federal Regulations, promulgated pursuant to section 6 of the
Occupational Safety and Health Act of 1970 (29 U.S.C. 655), to provide
that the definition of the term ``retail facility'', when used with
respect to a facility that provides direct sales of highly hazardous
chemicals to end users or consumers (including farmers or ranchers),
means a facility that is exempt from such standard because such
facility has obtained more than half of its income during the most
recent 12-month period from such direct sales.
Subtitle C--Other Matters
SEC. 9201. REPORT ON REGULATION OF PLANT BIOSTIMULANTS.
(a) Report.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit a report to the President and
Congress that identifies potential regulatory and legislative reforms
to ensure the expeditious and appropriate review, approval, uniform
national labeling, and availability of plant biostimulant products to
agricultural producers.
(b) Consultation.--The Secretary of Agriculture shall prepare the
report required by subsection (a) in consultation with the
Administrator of the Environmental Protection Agency, the several
States, industry stakeholders, and such other stakeholders as the
Secretary determines necessary.
(c) Plant Biostimulant Defined.--In this section, the term ``plant
biostimulant'' means a substance or micro-organism that, when applied
to seeds, plants, or the rhizosphere, stimulates natural processes to
enhance or benefit nutrient uptake, nutrient efficiency, tolerance to
abiotic stress, or crop quality and yield.
SEC. 9202. PECAN MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act, reenacted with
amendments by the Agricultural Marketing Agreement Act of 1937 (7
U.S.C. 608e-1(a)), is amended in the first sentence, by inserting
``pecans,'' after ``walnuts,''.
SEC. 9203. REPORT ON HONEY AND MAPLE SYRUP.
Not later than 60 days after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report examining
the effect of the final rule entitled ``Food Labeling: Revision of the
Nutrition and Supplement Facts Labels'', published in the Federal
Register by the Department of Agriculture on May 27, 2016 (81 Fed. Reg.
33742), (providing for updates to the nutrition facts panel on the
labeling of packaged food) has on consumer perception regarding the
``added sugar'' statement required to be included on such panel by such
final rule with respect to packaged food in which no sugar is added
during processing, including pure honey and maple syrup.
TITLE X--CROP INSURANCE
SEC. 10001. TREATMENT OF FORAGE AND GRAZING.
(a) Availability of Catastrophic Risk Protection for Crops and
Grasses Used for Grazing.--Section 508(b)(1) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)(1)) is amended--
(1) by striking ``(A) In general.--Except as provided in
subparagraph (B), the'' and inserting ``The''; and
(2) by striking subparagraph (B).
(b) Limitation on Multiple Benefits for Same Loss.--Section 508(n)(2)
of the Federal Crop Insurance Act (7 U.S.C. 1508(n)(2)) is amended by
inserting before the period the following: ``or to coverage described
in section 508D''.
(c) Coverage for Forage and Grazing.--The Federal Crop Insurance Act
is amended by inserting after section 508C (7 U.S.C. 1508C) the
following new section:
``SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.
``Notwithstanding section 508A, and in addition to any other
available coverage, for crops that can be both grazed and mechanically
harvested on the same acres during the same growing season, producers
shall be allowed to purchase, and be independently indemnified on,
separate policies for each intended use, as determined by the
Corporation.''.
SEC. 10002. ADMINISTRATIVE BASIC FEE.
Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)) is amended by striking ``$300'' and inserting ``$500''.
SEC. 10003. PREVENTION OF DUPLICATIVE COVERAGE.
(a) In General.--Section 508(c)(1) of the Federal Crop Insurance Act
(7 U.S.C. 1508(c)(1)) is amended by adding at the end the following new
subparagraph:
``(C) Ineligible crops and acres.--Crops for which
the producer has elected under section 1117 of the
Agriculture and Nutrition Act of 2018 to receive
agriculture risk coverage and acres that are enrolled
in the stacked income protection plan under section
508B shall not be eligible for--
``(i) coverage based on an area yield and
loss basis under paragraph (3)(A)(ii); or
``(ii) supplemental coverage under paragraph
(4)(C).''.
(b) Conforming Amendments.--Section 508(c)(4)(C) of the Federal Crop
Insurance Act (7 U.S.C. 1508(c)(4)(C)) is amended--
(1) by striking clause (iv); and
(2) by redesignating clause (v) as clause (iv).
SEC. 10004. REPEAL OF UNUSED AUTHORITY.
(a) In General.--Section 508(d) of the Federal Crop Insurance Act (7
U.S.C. 1508(d)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(b) Conforming Amendments.--Section 508(a)(9)(B) of the Federal Crop
Insurance Act (7 U.S.C. 1508(a)(9)(B)) is amended--
(1) in clause (i), by inserting ``or'' after the semicolon;
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
SEC. 10005. CONTINUED AUTHORITY.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 1508(g))
is amended by adding at the end the following new paragraph:
``(6) Continued authority.--
``(A) In general.--The Corporation shall establish--
``(i) underwriting rules that limit the
decrease in the actual production history of a
producer, at the election of the producer, to
not more than 10 percent of the actual
production history of the previous crop year
provided that the production decline was the
result of drought, flood, natural disaster, or
other insurable loss (as determined by the
Corporation); and
``(ii) actuarially sound premiums to cover
additional risk.
``(B) Other authority.--The authority provided under
subparagraph (A) is in addition to any other authority
that adjusts the actual production history of the
producer under this Act.
``(C) Effect.--Nothing in this paragraph shall be
construed to require a change in the carrying out of
any provision of this Act as the Act was carried out
for the 2018 reinsurance year.''.
SEC. 10006. PROGRAM ADMINISTRATION.
Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7 U.S.C.
1516(b)(2)(C)(i)) is amended by striking ``$9,000,000'' and inserting
``$7,000,000''.
SEC. 10007. MAINTENANCE OF POLICIES.
(a) Section 522(b) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read as
follows:
``(B) Reimbursement.--
``(i) In general.--An applicant who submits a
policy under section 508(h) shall be eligible
for the reimbursement of reasonable and actual
research and development costs directly related
to the policy if the policy is approved by the
Board for sale to producers.
``(ii) Reasonable costs.--For the purpose of
reimbursing research and development and
maintenance costs under this section, costs of
the applicant shall be considered reasonable
and actual costs if the costs are based on--
``(I) wage rates equal to 2 times the
hourly wage rate plus benefits, as
provided by the Bureau of Labor
Statistics for the year in which such
costs are incurred, calculated using
the formula applied to an applicant by
the Corporation in reviewing proposed
project budgets under this section on
October 1, 2016; or
``(II) actual documented costs
incurred by the applicant.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``approved
insurance provider'' and inserting ``applicant''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``determined
by the approved insurance provider'' and
inserting ``determined by the applicant'';
(ii) by striking clause (ii) and inserting
the following new clauses:
``(ii) Approval.--Subject to clause (iii),
the Board shall approve the amount of a fee
determined under clause (i) unless the Board
determines, based on substantial evidence in
the record, that the amount of the fee
unnecessarily inhibits the use of the policy.
``(iii) Consideration.--The Board shall not
disapprove a fee on the basis of--
``(I) a comparison to maintenance
fees paid with respect to the policy;
or
``(II) the potential for the fee to
result in a financial gain or loss to
the applicant based on the number of
policies sold.''.
(b) Applicability.--
(1) In general.--The amendments made by this section shall
apply to reimbursement requests made on or after October 1,
2016.
(2) Resubmission of denied request.--An applicant that was
denied all or a portion of a reimbursement request under
paragraph (1) of section 522(b) of the Federal Crop Insurance
Act (7 U.S.C. 1522(b)) during the period between October 1,
2016 and the date of the enactment of this Act shall be given
an opportunity to resubmit such request.
SEC. 10008. RESEARCH AND DEVELOPMENT PRIORITIES.
(a) Repeal of Certain Research and Development Activities.--Section
522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is
amended--
(1) by striking paragraphs (7) through (18);
(2) by striking paragraphs (20) through (23); and
(3) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively.
(b) Whole Farm Application to Beginning Farmers and Ranchers.--
Paragraph (7) of section 522(c) of the Federal Crop Insurance Act (7
U.S.C. 1522(c)), as redesignated by subsection (a), is amended by
adding at the end the following new subparagraph:
``(E) Beginning farmer or rancher defined.--Notwithstanding
section 502(b)(3), with respect to plans described under this
paragraph, the term `beginning farmer or rancher' means a
farmer or rancher who has not actively operated and managed a
farm or ranch with a bona fide insurable interest in a crop or
livestock as an owner-operator, landlord, tenant, or
sharecropper for more than 10 crop years.''.
(c) Research and Development Priorities.--Section 522(c) of the
Federal Crop Insurance Act (7 U.S.C. 1522(c)) as amended by subsection
(a), is further amended by adding at the end the following new
paragraphs:
``(9) Tropical storm or hurricane insurance.--
``(A) In general.--The Corporation shall offer to
enter into 1 or more contracts with qualified entities
to carry out research and development regarding a
policy to insure crops, including tomatoes, peppers,
and citrus, against losses due to a tropical storm or
hurricane.
``(B) Research and development.--Research and
development with respect to the policy required under
subparagraph (A) shall--
``(i) evaluate the effectiveness of a risk
management tool for a low frequency,
catastrophic loss weather event; and
``(ii) provide protection for production or
revenue losses, or both.
``(10) Subsurface irrigation practices.--The Corporation
shall offer to enter into a contract with a qualified entity to
conduct research and development regarding the creation of a
separate practice for subsurface irrigation, including the
establishment of a separate transitional yield within the
county that is reflective of the average gain in productivity
and yield associated with the installation of a subsurface
irrigation system.
``(11) Study and report on grain sorghum rates and yields.--
``(A) Study.--The Corporation shall contract with a
qualified entity to conduct a study to assess the
difference in rates, average yields, and coverage
levels of grain sorghum policies as compared to other
feed grains within a county.
``(B) Report.--Not later than 1 year after the date
of enactment of this paragraph, the Corporation shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
describes the results of the study conducted under
subparagraph (A).
``(12) Quality losses.--
``(A) In general.--The Corporation shall offer to
enter into a contract with a qualified entity to
conduct research and development regarding the
establishment of an alternative method of adjusting for
quality losses that does not impact the average
production history of producers.
``(B) Requirements.--Notwithstanding subsections (g)
and (m) of section 508, if the Corporation uses any
method developed as a result of the contract described
in subparagraph (A) to adjust for quality losses, such
method shall be--
``(i) optional for producers to elect to use;
and
``(ii) offered at an actuarially sound
premium rate.''.
SEC. 10009. EXTENSION OF FUNDING FOR RESEARCH AND DEVELOPMENT.
Section 522 of the Federal Crop Insurance Act (7 U.S.C. 1522) is
amended--
(1) by striking subsection (d);
(2) in subsection (e)(2)(A)--
(A) by striking ``under subsections (c) and (d)'' and
inserting ``under subsection (c)'' ; and
(B) by striking ``not more than $12,500,000 for
fiscal year 2008 and each subsequent fiscal year.'' and
inserting the following: ``not more than--
``(i) $12,500,000 for fiscal year 2008
through 2018; and''; and
(C) by adding at the end the following:
``(ii) $8,000,000 for fiscal year 2019 and
each fiscal year thereafter.''; and
(3) by redesignating subsection (e), as so amended, as
subsection (d).
SEC. 10010. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
Section 524 of the Federal Crop Insurance Act (7 U.S.C. 1524) is
amended to read as follows:
``SEC. 524. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
``(a) Education Assistance.--Subject to the amounts made available
under subsection (d), the Secretary, acting through the National
Institute of Food and Agriculture, shall carry out the program
established under subsection (b).
``(b) Partnerships for Risk Management Education.--
``(1) Authority.--The Secretary, acting through the National
Institute of Food and Agriculture, shall establish a program
under which competitive grants are made to qualified public and
private entities (including land-grant colleges, cooperative
extension services, and colleges or universities), as
determined by the Secretary, for the purpose of educating
agricultural producers about the full range of risk management
activities, including futures, options, agricultural trade
options, crop insurance, cash forward contracting, debt
reduction, production diversification, farm resources risk
reduction, farm financial benchmarking, and other risk
management strategies.
``(2) Basis for grants.--A grant under this subsection shall
be awarded on the basis of merit and shall be subject to peer
or merit review.
``(3) Obligation period.--Funds for a grant under this
subsection shall be available to the Secretary for obligation
for a 2-year period.
``(4) Administrative costs.--The Secretary may use not more
than 4 percent of the funds made available for grants under
this subsection for administrative costs incurred by the
Secretary in carrying out this subsection.
``(c) Requirements.--In carrying out the program established under
subsection (b), the Secretary shall place special emphasis on risk
management strategies (including farm financial benchmarking),
education, and outreach specifically targeted at--
``(1) beginning farmers or ranchers;
``(2) legal immigrant farmers or ranchers that are attempting
to become established producers in the United States;
``(3) socially disadvantaged farmers or ranchers; and
``(4) farmers or ranchers that--
``(A) are preparing to retire;
``(B) are using transition strategies to help new
farmers or ranchers get started; and
``(C) new or established farmers or ranchers that are
converting production and marketing systems to pursue
new markets.
``(d) Funding.--From the insurance fund established under section
516(c), there is transferred for the partnerships for risk management
education program established under subsection (b) $5,000,000 for
fiscal year 2018 and each subsequent fiscal year.''.
TITLE XI--MISCELLANEOUS
Subtitle A--Livestock
SEC. 11101. ANIMAL DISEASE PREPAREDNESS AND RESPONSE.
(a) National Animal Disease Preparedness and Response Program.--The
Animal Health Protection Act is amended by inserting after section
10409A (7 U.S.C. 8308A) the following new section:
``SEC. 10409B. NATIONAL ANIMAL DISEASE PREPAREDNESS AND RESPONSE
PROGRAM.
``(a) Program Required.--The Secretary shall establish a program, to
be known as the `National Animal Disease Preparedness and Response
Program', to address the increasing risk of the introduction and spread
of animal pests and diseases affecting the economic interests of the
livestock and related industries of the United States, including the
maintenance and expansion of export markets.
``(b) Eligible Entities.--To carry out the National Animal Disease
Preparedness and Response Program, the Secretary shall offer to enter
into cooperative agreements, or other legal instruments, with eligible
entities, to be selected by the Secretary, which may include any of the
following entities, either individually or in combination:
``(1) A State department of agriculture.
``(2) The office of the chief animal health official of a
State.
``(3) A land-grant college or university or NLGCA Institution
(as those terms are defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)).
``(4) A college of veterinary medicine, including a
veterinary emergency team at such college.
``(5) A State or national livestock producer organization
with direct and significant economic interest in livestock
production.
``(6) A State emergency agency.
``(7) A State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association.
``(8) An Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)).
``(9) A Federal agency.
``(c) Activities.--
``(1) Program activities.--Activities under the National
Animal Disease Preparedness and Response Program shall include,
to the extent practicable, the following:
``(A) Enhancing animal pest and disease analysis and
surveillance.
``(B) Expanding outreach and education.
``(C) Targeting domestic inspection activities at
vulnerable points in the safeguarding continuum.
``(D) Enhancing and strengthening threat
identification and technology.
``(E) Improving biosecurity.
``(F) Enhancing emergency preparedness and response
capabilities, including training additional emergency
response personnel.
``(G) Conducting technology development and enhancing
electronic sharing of animal health data for risk
analysis between State and Federal animal health
officials.
``(H) Enhancing the development and effectiveness of
animal health technologies to treat and prevent animal
disease, including--
``(i) veterinary biologics and diagnostics;
``(ii) animal drugs for minor use and minor
species; and
``(iii) animal medical devices.
``(I) Such other activities as determined appropriate
by the Secretary, in consultation with eligible
entities specified in subsection (b).
``(2) Priorities.--In entering into cooperative agreements or
other legal instruments under subsection (b), the Secretary
shall give priority to applications submitted by--
``(A) a State department of agriculture or an office
of the chief animal health official of a State; or
``(B) an eligible entity that will carry out program
activities in a State or region--
``(i) in which an animal pest or disease is a
Federal concern; or
``(ii) which the Secretary determines has
potential for the spread of an animal pest or
disease after taking into consideration--
``(I) the agricultural industries in
the State or region;
``(II) factors contributing to animal
disease or pest in the State or region,
such as the climate, natural resources,
and geography of, and native and exotic
wildlife species and other disease
vectors in, the State or region; and
``(III) the movement of animals in
the State or region.
``(3) Consultation.--For purposes of setting priorities under
this subsection, the Secretary shall consult with eligible
entities specified in subsection (b). The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to consultation
carried out under this paragraph.
``(d) Application.--
``(1) In general.--An eligible entity specified in subsection
(b) seeking to enter into a cooperative agreement, or other
legal instrument, under the National Animal Disease
Preparedness and Response Program shall submit to the Secretary
an application containing such information as the Secretary may
require.
``(2) Notification.--The Secretary shall notify each
applicant of--
``(A) the requirements to be imposed on the recipient
of funds under the Program for auditing of, and
reporting on, the use of such funds; and
``(B) the criteria to be used to ensure activities
supported using such funds are based on sound
scientific data or thorough risk assessments.
``(3) Non-federal contributions.--When deciding whether to
enter into an agreement or other legal instrument under the
Program with an eligible entity described in subsection (b),
the Secretary--
``(A) may take into consideration an eligible
entity's ability to contribute non-Federal funds to
carry out such a cooperative agreement or other legal
instrument under the Program; and
``(B) shall not require such an entity to make such a
contribution.
``(e) Use of Funds.--
``(1) Use consistent with terms of cooperative agreement.--
The recipient of funds under the National Animal Disease
Preparedness and Response Program shall use the funds for the
purposes and in the manner provided in the cooperative
agreement, or other legal instrument, under which the funds are
provided.
``(2) Sub-agreement.--Nothing in this section prevents an
eligible entity from using funds received under the Program to
enter into sub-agreements with political subdivisions of State
that have legal responsibilities relating to animal disease
prevention, surveillance, or rapid response.
``(f) Reporting Requirement.--Not later than 90 days after the date
of completion of an activity conducted using funds provided under the
National Animal Disease Preparedness and Response Program, the
recipient of such funds shall submit to the Secretary a report that
describes the purposes and results of the activities.''.
(b) National Animal Health Vaccine Bank.--The Animal Health
Protection Act (7 U.S.C. 8301 et seq.) is amended by inserting after
section 10409B, as added by subsection (a), the following new section:
``SEC. 10409C. NATIONAL ANIMAL HEALTH VACCINE BANK.
``(a) Establishment.--The Secretary shall establish a national
vaccine bank (to be known as the `National Animal Health Vaccine Bank')
for the benefit of the domestic interests of the United States and to
help protect the United States agriculture and food system against
terrorist attack, major disaster, and other emergencies.
``(b) Elements of Vaccine Bank.--Through the National Animal Health
Vaccine Bank, the Secretary shall--
``(1) maintain sufficient quantities of animal vaccine,
antiviral, therapeutic, or diagnostic products to appropriately
and rapidly respond to an outbreak of those animal diseases
that would have the most damaging effect on human health or the
United States economy; and
``(2) leverage, when appropriate, the mechanisms and
infrastructure that have been developed for the management,
storage, and distribution of the National Veterinary Stockpile
of the Animal and Plant Health Inspection Service.
``(c) Priority for Response to Foot and Mouth Disease.--The Secretary
shall prioritize the acquisition of sufficient quantities of foot and
mouth disease vaccine, and accompanying diagnostic products, for the
National Animal Health Vaccine Bank. As part of such prioritization,
the Secretary shall consider contracting with one or more entities that
are capable of producing foot and mouth disease vaccine and that have
surge production capacity of the vaccine.''.
(c) Funding.--
(1) In general.--Section 10417 of the Animal Health
Protection Act (7 U.S.C. 8316) is amended by adding at the end
the following new subsection:
``(d) Availability of Funds for Specified Purposes.--
``(1) Mandatory funding.--
``(A) Fiscal year 2019.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available for fiscal year 2019 $250,000,000 to carry
out sections 10409A, 10409B, and 10409C, of which--
``(i) $30,000,000 shall be made available to
carry out the National Animal Health Laboratory
Network under section 10409A;
``(ii) $70,000,000 shall be made available to
carry out the National Animal Disease
Preparedness and Response Program under section
10409B; and
``(iii) $150,000,000 shall be made available
to establish and maintain the National Animal
Health Vaccine Bank under section 10409C.
``(B) Subsequent fiscal years.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out sections 10409A, 10409B, and
10409C, $50,000,000 for each of fiscal years 2020
through 2023, of which not less than $30,000,000 shall
be made available for each of those fiscal years to
carry out the National Animal Disease Preparedness and
Response Program under section 10409B.
``(2) Additional authorization of appropriations.--In
addition to the funds made available under subparagraphs (A)(i)
and (B) of paragraph (1) and funds authorized to be
appropriated by subsection (a), there are authorized to be
appropriated $15,000,000 for each of fiscal years 2019 through
2023 to carry out the National Animal Health Laboratory Network
under section 10409A.
``(3) Administrative costs.--Of the funds made available
under subparagraphs (A)(i), (A)(ii), and (B) and subparagraph
(B) of paragraph (1), not more than four percent may be
retained by the Secretary to pay administrative costs incurred
by the Secretary to carry out the National Animal Health
Laboratory Network under section 10409A and the National Animal
Disease Preparedness and Response Program under section 10409B.
Of the funds made available under subparagraphs (A)(ii) and (B)
to carry out the National Animal Disease Preparedness and
Response Program under section 10409B and (B) of such
paragraph, not more than ten percent may be retained by an
eligible entity to pay administrative costs incurred by the
eligible entity to carry out such program.
``(4) Duration of availability.--Funds made available under
this subsection, including any proceeds credited under
paragraph (5), shall remain available until expended.
``(5) Proceeds from vaccine sales.--Any proceeds of a sale of
vaccine or antigen from the National Animal Health Vaccine Bank
shall be--
``(A) deposited into the Treasury of the United
States; and
``(B) credited to the account for the operation of
the National Animal Health Vaccine Bank.
``(6) Limitations on use of funds for certain purposes.--
Funds made available under the National Animal Health
Laboratory Network, the National Animal Disease Preparedness
and Response Program, and the National Animal Health Vaccine
Bank shall not be used for the construction of a new building
or facility or the acquisition or expansion of an existing
building or facility, including site grading and improvement
and architect fees.''.
(2) Conforming amendments.--
(A) Section heading.--The heading of section 10417 of
the Animal Health Protection Act (7 U.S.C. 8316) is
amended to read as follows:
``SEC. 10417. FUNDING.''.
(B) Other amendments.--Section 10417 of the Animal
Health Protection Act (7 U.S.C. 8316) is further
amended--
(i) in subsection (a), by striking ``In
General'' and inserting ``General Authorization
of Appropriations''; and
(ii) in subsection (c), by striking ``to
carry out this subtitle'' and inserting
``pursuant to the authorization of
appropriations in subsection (a)''.
(3) Repeal of separate authorization of national animal
health laboratory network.--Section 10409A of the Animal Health
Protection Act (7 U.S.C. 8308A(d)) is amended by striking
subsection (d).
SEC. 11102. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013(d) of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8322(d)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 11103. VETERINARY TRAINING.
Section 10504 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8318) is amended--
(1) by inserting ``and veterinary teams, including those
based at colleges of veterinary medicine,'' after
``veterinarians''; and
(2) by inserting before the period at the end the following:
``and who are capable of providing effective services before,
during, and after emergencies''.
SEC. 11104. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL MEAT
PROCESSORS.
Not later than one year after the date of the enactment of this Act,
the Inspector General of the Department of Agriculture shall submit to
the Secretary a report on the effectiveness of existing Food Safety and
Inspection Service guidance materials and other tools used by small and
very small establishments, as defined by regulations issued by the Food
Safety and Inspection Service, as in effect on such date of enactment,
including--
(1) an evaluation of the effectiveness of the outreach
conducted by the Food Safety and Inspection Service to small
and very small establishments;
(2) an evaluation of the effectiveness of the guidance
materials and other tools used by the Food Safety and
Inspection Service to assist small and very small
establishments;
(3) an evaluation of the responsiveness of Food Safety and
Inspection Service personnel to inquiries and issues from small
and very small establishments; and
(4) recommendations on measures the Food Safety and
Inspection Service should take to improve regulatory clarity
and consistency and ensure all guidance materials and other
tools take into account small and very small establishments.
Subtitle B--Beginning, Socially Disadvantaged, and Veteran Producers
SEC. 11201. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS
AND RANCHERS AND VETERAN FARMERS AND RANCHERS.
Section 2501(a)(4) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 2279(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in the heading, by striking ``2018'' and
inserting ``2023''; and
(B) in clause (iii), by striking ``2018'' and
inserting ``2023'';
(2) by redesignating subparagraph (E) as subparagraph (F);
(3) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Priority.--In making grants and entering into
contracts and other agreements under this section, the
Secretary shall give priority to projects that--
``(i) deliver agricultural education to youth
under the age of 18 in underserved and
underrepresented communities;
``(ii) provide youth under the age of 18 with
agricultural employment or volunteer
opportunities, or both; and
``(iii) demonstrate experience in providing
such education or opportunities to socially
disadvantaged youth.''; and
(4) in subparagraph (F), as so redesignated, by striking
``2018'' and inserting ``2023''.
SEC. 11202. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.
(a) Changing Name of Office.--
(1) In general.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934) is
amended--
(A) in the section heading, by striking ``advocacy
and outreach'' and inserting ``partnerships and public
engagement'';
(B) by striking ``Advocacy and Outreach'' each place
it appears in subsections (a)(2), (b)(1), and (d)(4)(B)
and inserting ``Partnerships and Public Engagement'';
(2) References.--Beginning on the date of the enactment of
this Act, any reference to the Office of Advocacy and Outreach
established under section 226B of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934) in any other
provision of Federal law shall be deemed to be a reference to
the Office of Partnerships and Public Engagement.
(b) Increasing Outreach.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as amended by
subsection (a), is further amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``and'' at
the end;
(ii) in clause (iii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following new
clauses:
``(iv) limited resource producers;
``(v) veteran farmers and ranchers; and
``(vi) Tribal farmers and ranchers; and'';
and
(C) by adding at the end the following new
subparagraph:
``(C) to promote youth outreach.''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by
inserting ``veteran farmers and ranchers, Tribal
farmers and ranchers,'' after ``beginning farmers or
ranchers,'';
(B) in paragraph (1), by striking ``or socially
disadvantaged'' and inserting ``socially disadvantaged,
veteran, or Tribal''; and
(C) in paragraph (5), by inserting ``veteran farmers
or ranchers, Tribal farmers or ranchers,'' after
``beginning farmers or ranchers,''.
(c) Authorization of Appropriations.--Section 226B(f)(3)(B) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6934(f)(3)(B)) is amended by striking ``2018'' and inserting ``2023''.
(d) Office of Tribal Relations.--Section 309 of the Federal Crop
Insurance Reform and Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6921) is amended by striking ``of the Secretary'' and
inserting ``of Partnerships and Public Engagement established under
section 226B''.
SEC. 11203. COMMISSION ON FARM TRANSITIONS--NEEDS FOR 2050.
(a) Establishment.--There is established a commission to be known as
the ``Commission on Farm Transitions-Needs for 2050'' (referred to in
this section as the ``Commission'').
(b) Study.--The Commission shall conduct a study on issues impacting
the transition of agricultural operations from established farmers and
ranchers to the next generation of farmers and ranchers, including--
(1) access to, and availability of--
(A) quality land and necessary infrastructure;
(B) affordable credit; and
(C) adequate risk management tools;
(2) agricultural asset transfer strategies in use as of the
date of the enactment of this Act and improvements to such
strategies;
(3) incentives that may facilitate agricultural asset
transfers to the next generation of farmers and ranchers,
including recommendations for new Federal tax policies to
facilitate lifetime and estate transfers;
(4) the causes of the failures of such transitions, if any;
and
(5) the status of programs and incentives providing
assistance with respect to such transitions in effect on the
date of the enactment of this Act, and opportunities for the
revision or modernization of such programs.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 10
members as follows:
(A) 3 members appointed by the Secretary.
(B) 3 members appointed by the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
(C) 3 members appointed by the Committee on
Agriculture of the House of Representatives.
(D) The Chief Economist of the Department of
Agriculture.
(2) Federal government employment.--In addition to the Chief
Economist of the Department of Agriculture, the membership of
the Commission may include 1 or more employees of the
Department of Agriculture or other Federal agencies.
(3) Date of appointments.--The appointment of a member of the
Commission shall be made not later than 60 days after the date
of enactment of this Act.
(4) Term; vacancies.--
(A) Term.--A member shall be appointed for the life
of the Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the
Commission; and
(ii) shall be filled in the same manner as
the original appointment was made.
(5) Initial meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business, but a lesser
number of members may hold hearings.
(e) Chairperson.--The Secretary shall appoint 1 of the members of the
Commission to serve as Chairperson of the Commission.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the President, the Committee
on Agriculture of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report containing
the results of the study required by subsection (b), including such
recommendations as the Commission considers appropriate.
(g) Hearings.--The Commission may hold such hearings, meet and act at
such times and places, take such testimony, and receive such evidence
as the Commission considers advisable to carry out this section.
(h) Information From Federal Agencies.--The Commission may secure
directly from a Federal agency such information as the Commission
considers necessary to carry out this section. On request of the
Chairperson of the Commission, the head of the agency shall provide the
information to the Commission.
(i) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as other agencies of
the Federal Government.
(j) Assistance From Secretary.--The Secretary may provide to the
Commission appropriate office space and such reasonable administrative
and support services as the Commission may request.
(k) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is an
officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Commission.
(l) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Commission or any proceeding
of the Commission.
SEC. 11204. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 is amended by inserting after section 220 (7 U.S.C. 6920) the
following new section:
``SEC. 221. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
``(a) Authorization.--The Secretary shall establish in the Department
the position of Agricultural Youth Organization Coordinator.
``(b) Duties.--The Agricultural Youth Organization Coordinator
shall--
``(1) promote the role of youth-serving organizations and
school-based agricultural education in motivating and preparing
young people to pursue careers in the agriculture, food, and
natural resources systems;
``(2) work to help build awareness of the reach and
importance of agriculture, across a diversity of fields and
disciplines;
``(3) identify short-term and long-term interests of the
Department and provide opportunities, resources, input, and
coordination with programs and agencies of the Department to
youth-serving organizations and school-based agricultural
education, including the development of internship
opportunities;
``(4) share, internally and externally, the extent to which
active steps are being taken to encourage collaboration with,
and support of, youth-serving organizations and school-based
agricultural education;
``(5) provide information to young farmers concerning the
availability of, and eligibility requirements for,
participation in agricultural programs, with particular
emphasis on beginning farmer and rancher programs;
``(6) serve as a resource for assisting young farmers in
applying for participation in agricultural programs; and
``(7) advocate on behalf of young farmers in interactions
with employees of the Department.
``(c) Contracts and Cooperative Agreements.--For purposes of carrying
out the duties under subsection (b), the Agricultural Youth
Organization Coordinator shall consult with the cooperative extension
and the land-grant university systems, and may enter into contracts or
cooperative agreements with the research centers of the Agricultural
Research Service, cooperative extension and the land-grant university
systems, non-land-grant colleges of agriculture, or nonprofit
organizations for--
``(1) the conduct of regional research on the profitability
of small farms;
``(2) the development of educational materials;
``(3) the conduct of workshops, courses, and certified
vocational training;
``(4) the conduct of mentoring activities; or
``(5) the provision of internship opportunities.''.
Subtitle C--Textiles
SEC. 11301. REPEAL OF PIMA AGRICULTURE COTTON TRUST FUND.
Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended by striking section 12314 (and
by conforming the items relating to such section in the table of
sections accordingly).
SEC. 11302. REPEAL OF AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST
FUND.
Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended by striking section 12315 (and
by conforming the items relating to such section in the table of
sections accordingly).
SEC. 11303. REPEAL OF WOOL RESEARCH AND PROMOTION GRANTS FUNDING.
Effective December 31, 2018, the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended by striking section 12316 (and
by conforming the items relating to such section in the table of
sections accordingly).
SEC. 11304. TEXTILE TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund, to be known as the ``Textile Trust Fund'',
consisting of such amounts as may be transferred to the Textile Trust
Fund pursuant to subsection (e), and to be used for the purposes of--
(1) reducing the injury to domestic manufacturers resulting
from tariffs on cotton fabric that are higher than tariffs on
certain apparel articles made of cotton fabric;
(2) reducing the injury to domestic manufacturers resulting
from tariffs on wool products that are higher than tariffs on
certain apparel articles made of wool products; and
(3) wool research and promotion.
(b) Distribution of Funds.--From amounts in the Textile Trust Fund,
the Secretary shall make payments annually, beginning in calendar year
2019, for each of calendar years 2019 through 2023 as follows:
(1) Pima cotton.--From amounts specified in subsection
(e)(2)(A), the Secretary shall make payments as follows:
(A) Twenty-five percent of such amounts for a
calendar year shall be paid to one or more nationally
recognized associations established for the promotion
of pima cotton for use in textile and apparel goods.
(B) Twenty-five percent of such amounts for a
calendar year shall be paid to yarn spinners of pima
cotton that produce ring spun cotton yarns in the
United States, to be allocated to each spinner in an
amount that bears the same ratio as--
(i) the spinner's production of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number) from pima cotton
in single and plied form during the previous
calendar year (as evidenced by an affidavit
provided by the spinner that meets the
requirements of subsection (c)(1)); bears to
(ii) the production of the yarns described in
clause (i) during the previous calendar year
for all spinners who qualify under this
subparagraph.
(C) Fifty percent of such amounts for a calendar year
shall be paid to manufacturers who cut and sew cotton
shirts in the United States who certify that they used
imported cotton fabric during the previous calendar
year, to be allocated to each such manufacturer in an
amount that bears the same ratio as--
(i) the dollar value (excluding duty,
shipping, and related costs) of imported woven
cotton shirting fabric of 80s or higher count
and 2-ply in warp purchased by the manufacturer
during the previous calendar year (as evidenced
by an affidavit provided by the manufacturer
that meets the requirements of subsection
(c)(2)) used in the manufacturing of men's and
boys' cotton shirts; bears to
(ii) the dollar value (excluding duty,
shipping, and related costs) of the fabric
described in clause (i) purchased during the
previous calendar year by all manufacturers who
qualify under this subparagraph.
(2) Wool manufacturers.--From amounts specified in subsection
(e)(2)(B), the Secretary shall make payments as follows:
(A) To each eligible manufacturer under paragraph (3)
of section 4002(c) of the Wool Suit and Textile Trade
Extension Act of 2004 (Public Law 108-429; 118 Stat.
2600), as amended by section 1633(c) of the
Miscellaneous Trade and Technical Corrections Act of
2006 (Public Law 109-280; 120 Stat. 1166) and section
325(b) of the Tax Extenders and Alternative Minimum Tax
Relief Act of 2008 (division C of Public Law 110-343;
122 Stat. 3875), and any successor-in-interest to such
a manufacturer as provided for under paragraph (4) of
such section 4002(c), that submits an affidavit in
accordance with subsection (c)(3) for the year of the
payment for calendar years 2019 through 2023, payments
in amounts authorized under that paragraph.
(B) To each eligible manufacturer under paragraph (6)
of such section 4002(c) for calendar years 2019 through
2023, payments in amounts authorized under that
paragraph.
(c) Affidavits.--
(1) Yarn spinners.--The affidavit required by subsection
(b)(1)(B)(i) for a calendar year is a notarized affidavit
provided by an officer of a producer of ring spun yarns that
affirms--
(A) that the producer used pima cotton during the
year in which the affidavit is filed and during the
previous calendar year to produce ring spun cotton
yarns in the United States, measuring less than 83.33
decitex (exceeding 120 metric number), in single and
plied form;
(B) the quantity, measured in pounds, of ring spun
cotton yarns, measuring less than 83.33 decitex
(exceeding 120 metric number), in single and plied form
during the previous calendar year; and
(C) that the producer maintains supporting
documentation showing the quantity of such yarns
produced, and evidencing the yarns as ring spun cotton
yarns, measuring less than 83.33 decitex (exceeding 120
metric number), in single and plied form during the
previous calendar year.
(2) Shirting manufacturers.--
(A) In general.--The affidavit required by subsection
(b)(1)(C)(i) for a calendar year is a notarized
affidavit provided by an officer of a manufacturer of
men's and boys' shirts that affirms--
(i) that the manufacturer used imported
cotton fabric during the year in which the
affidavit is filed and during the previous
calendar year, to cut and sew men's and boys'
woven cotton shirts in the United States;
(ii) the dollar value of imported woven
cotton shirting fabric of 80s or higher count
and 2-ply in warp purchased by the manufacturer
during the previous calendar year;
(iii) that the manufacturer maintains
invoices along with other supporting
documentation (such as price lists and other
technical descriptions of the fabric qualities)
showing the dollar value of such fabric
purchased, the date of purchase, and evidencing
the fabric as woven cotton fabric of 80s or
higher count and 2-ply in warp; and
(iv) that the fabric was suitable for use in
the manufacturing of men's and boys' cotton
shirts.
(B) Date of purchase.--For purposes of the affidavit
under subparagraph (A), the date of purchase shall be
the invoice date, and the dollar value shall be
determined excluding duty, shipping, and related costs.
(3) Filing date for affidavits.--Any person required to
provide an affidavit under this section shall file the
affidavit with the Secretary or as directed by the Secretary
for any of calendar years 2019 through 2023, not later than
March 15 of that calendar year.
(4) Increase in payments to wool manufacturers in case of
expiration of duty suspensions.--
(A) In general.--In any calendar year in which the
suspension of duty on wool products described in
subparagraphs (B) and (C) is not in effect, the amount
of any payment described in subsection (b)(2) to a
manufacturer or successor-in-interest shall be
increased by an amount the Secretary, after
consultation with the Secretary of Commerce, determines
is equal to the amount the manufacturer or successor-
in-interest would have saved during the calendar year
of the payment if the suspension of duty on such wool
products were in effect.
(B) Special rule for certain fabrics of worsted
wool.--
(i) In general.--With respect to fabrics of
worsted wool described in clause (ii),
subparagraph (A) shall be applied by
substituting ``rate of duty on such wool
products was 10 percent'' for ``suspension of
duty on such wool products were in effect''.
(ii) Fabrics of worsted wool described.--
Fabrics of worsted wool described in this
paragraph are fabrics of worsted wool--
(I) with average fiber diameters
greater than 18.5 micron; and
(II) containing 85 percent or more by
weight of wool.
(C) Covered wool products.--Subparagraph (A) applies
with respect to the following:
(i) Yarn, of combed wool, not put up for
retail sale, containing 85 percent or more by
weight of wool, formed with wool fibers having
average diameters of 18.5 micron or less.
(ii) Wool fiber, waste, garnetted stock,
combed wool, or wool top, the foregoing having
average fiber diameters of 18.5 micron or less.
(iii) Fabrics of combed wool, containing 85
percent or more by weight of wool, with wool
yarns of average fiber diameters of 18.5 micron
or less, certified by the importer as suitable
for use in making men's and boys suits, suit-
type jackets, or trousers and must be imported
for the benefit of persons who cut and sew such
clothing in the United States.
(iv) Fabrics of combed wool, containing 85
percent or more by weight of wool, with wool
yarns of average fiber diameters of 18.5 micron
or less, certified by the importer as suitable
for use in making men's and boys suits, suit-
type jackets, or trousers and must be imported
for the benefit of persons who weave worsted
wool fabric suitable for use in such clothing
in the United States.
(D) No appeal of determinations.--A determination of
the Secretary under this paragraph shall be final and
not subject to appeal or protest.
(d) Timing for Distributions.--The Secretary shall make a payment
under subsection (b) for each of calendar years 2019 through 2023, not
later than April 15 of the year of the payment.
(e) Funding.--
(1) Transfer required.--Of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Textile Trust
Fund $25,250,000 for each of calendar years 2019 through 2023.
(2) Allocation of funds.--Of the funds transferred under
paragraph (1) for a calendar year--
(A) $8,000,000 shall be available for distribution
under subsection (b)(1);
(B) $15,000,000 shall be available for distribution
under subsection (b)(2); and
(C) notwithstanding subsection (f) of section 506 of
the Trade and Development Act of 2000 (7 U.S.C. 7101
note; Public Law 106-200), $2,250,000 shall be
available to provide grants described in subsection (d)
of such section.
(3) Sheep production and marketing.--In addition to funds
made available under paragraph (1), of the funds of the
Commodity Credit Corporation, the Secretary shall use to carry
out section 209 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627a), $2,000,000 for fiscal year 2019, to remain
available until expended.
(4) Duration of availability.--Amounts transferred to the
Textile Trust Fund pursuant to this subsection shall remain
available until expended.
Subtitle D--United States Grain Standards Act
SEC. 11401. RESTORING CERTAIN EXCEPTIONS TO UNITED STATES GRAIN
STANDARDS ACT.
(a) In General.--Grain handling facilities described in subsection
(b) may, on or before the date that is 180 days after the date of the
enactment of this Act, restore a prior exception with an official
agency designated under the rule entitled ``Exceptions to Geographic
Areas for Official Agencies Under the USGSA'' published by the
Department of Agriculture in the Federal Register on April 18, 2003 (68
Fed. Reg. 19137) if--
(1) such grain handling facility and official agency agree to
restore such prior exception; and
(2) such grain handling facility notifies the Secretary of
Agriculture of--
(A) the exception described in paragraph (1); and
(B) the effective date of such exception.
(b) Eligible Grain Handling Facilities.--Subsection (a) shall apply
with respect to grain handling facilities that were--
(1) granted exceptions pursuant to the rule specified in
subsection (a); and
(2) had such exceptions revoked on or after September 30,
2015.
(c) No Unilateral Termination Allowed.--Beginning on the date of the
enactment of this Act, a nonuse of service exception may only be
terminated if two or more parties to such exception, including the
grain handling facility, are in joint agreement with respect to such
termination.
Subtitle E--Noninsured Crop Disaster Assistance Program
SEC. 11501. ELIGIBLE CROPS.
Section 196(a)(2) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(a)(2)) is amended by striking subparagraph
(A) and inserting the following new subparagraph:
``(A) In general.--Subject to subparagraph (B), in
this section, the term `eligible crop' means each
commercial crop or other agricultural commodity that is
produced for food or fiber (except livestock) for which
catastrophic risk protection under subsection (b) of
section 508 of the Federal Crop Insurance Act (7 U.S.C.
1508) and additional coverage under subsections (c) and
(h) of such section are not available or, if such
coverage is available, it is only available under a
policy that provides coverage for specific intervals
based on weather indexes or under a whole farm plan of
insurance.''.
SEC. 11502. SERVICE FEE.
Section 196(k)(1) of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333(k)(1)) is amended--
(1) in subparagraph (A), by striking ``$250'' and inserting
``$350''; and
(2) in subparagraph (B)--
(A) by striking ``$750'' and inserting ``$1,050'';
and
(B) by striking ``$1,875'' and inserting ``$2,100''.
SEC. 11503. PAYMENTS EQUIVALENT TO ADDITIONAL COVERAGE.
(a) Premiums.--Section 196(l)(2)(B)(i) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333(l)(2)(B)(i)) is
amended--
(1) by striking ``and'' at the end of subclause (IV);
(2) by striking ``or'' at the end of subclause (V) and
inserting ``and''; and
(3) by adding at the end the following new subclause:
``(VI) the producer's share of the
crop; or''.
(b) Additional Availability of Coverage.--Section 196(l) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(l)) is amended--
(1) by striking paragraph (3); and
(2) by redesignating paragraphs (4) and (5) as paragraphs (3)
and (4), respectively.
(c) Period of Availability.--Paragraph (4) of section 196(l) of the
Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333(l)), as redesignated by subsection (b)(2), is amended--
(1) by striking ``Except as provided in paragraph (3)(A),
additional'' and inserting ``Additional''; and
(2) by striking ``2018'' and inserting ``2023''.
Subtitle F--Other Matters
SEC. 11601. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
(a) References to Former Under Secretary of Agriculture for Farm and
Foreign Agricultural Services.--
(1) Food aid consultative group.--Section 205(b) of the Food
for Peace Act (7 U.S.C. 1725(b)) is amended by striking
paragraph (2) and inserting the following new paragraph:
``(2) the Under Secretary of Agriculture for Trade and
Foreign Agricultural Affairs;''.
(2) Office of risk management.--Section 226A(d)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6933(d)(1)) is amended by striking ``Under Secretary of
Agriculture for Farm and Foreign Agricultural Services'' and
inserting ``Under Secretary of Agriculture for Farm Production
and Conservation''.
(3) Multiagency task force.--Section 242(b)(3) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6952(b)(3)) is amended by striking ``Under Secretary for Farm
and Foreign Agricultural Services'' and inserting ``Under
Secretary of Agriculture for Trade and Foreign Agricultural
Affairs''.
(4) Interagency committee on minority careers in
international affairs.--Section 625(c)(1)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended by
striking ``Under Secretary for Farm and Foreign Agricultural
Services'' and inserting ``Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs''.
(b) References to Other Designated Department Officials.--
(1) Definitions under consolidated farm and rural development
act.--Section 343(a)(13)(D) of the Agricultural Act of 1961 (7
U.S.C. 1991(a)(13)(D)) is amended--
(A) in clause (ii)--
(i) by inserting ``(or other official
designated by the Secretary)'' after ``Under
Secretary for Rural Development''; and
(ii) by inserting ``or designated official''
after ``Under Secretary'' each other place it
appears; and
(B) in clause (iii)--
(i) by inserting ``(or other official
designated by the Secretary)'' after ``Under
Secretary for Rural Development''; and
(ii) in subclauses (III) and (IV), by
inserting ``or designated official'' after
``Under Secretary'' both places it appears.
(2) National sheep industry improvement center.--Section
210(f)(3)(B)(i) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627b(f)(3)(B)(i)) is amended by inserting ``(or other
official designated by the Secretary of Agriculture)'' after
``Under Secretary of Agriculture for Rural Development''.
(3) Intertribal tourism demonstration projects.--Section
6(a)(2)(A) of the Native American Business Development, Trade
Promotion, and Tourism Act of 2000 (25 U.S.C. 4305(a)(2)(A)) is
amended by inserting ``(or other official designated by the
Secretary of Agriculture)'' after ``Under Secretary of
Agriculture for Rural Development''.
(4) State plans for vocational rehabilitation services.--
Section 101(a)(11)(C) of the Rehabilitation Act of 1973 (29
U.S.C. 721(a)(11)(C)) is amended by inserting ``(or other
official designated by the Secretary of Agriculture)'' after
``Under Secretary for Rural Development of the Department of
Agriculture''.
SEC. 11602. AUTHORITY OF SECRETARY TO CARRY OUT CERTAIN PROGRAMS UNDER
DEPARTMENT OF AGRICULTURE REORGANIZATION ACT OF
1994.
Section 296(b)(8) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 7014(b)(8)) is amended by inserting ``, section 772
of the Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2018, or the Agriculture and
Nutrition Act of 2018'' before the period at the end.
SEC. 11603. CONFERENCE REPORT REQUIREMENT THRESHOLD.
Section 14208(a)(3)(A) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking ``$10,000'' and
inserting ``$75,000''.
SEC. 11604. NATIONAL AGRICULTURE IMAGERY PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Administrator of the Farm Service Agency, shall carry out a national
agriculture imagery program to annually acquire aerial imagery during
agricultural growing seasons from the continental United States.
(b) Data.--The aerial imagery acquired under this section shall--
(1) consist of high resolution processed digital imagery;
(2) be made available in a format that can be provided to
Federal, State, and private sector entities;
(3) be technologically compatible with geospatial information
technology; and
(4) be consistent with the standards established by the
Federal Geographic Data Committee.
(c) Supplemental Satellite Imagery.--The Secretary of Agriculture may
supplement the aerial imagery collected under this section with
satellite imagery.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $23,000,000 for fiscal year 2019
and each fiscal year thereafter.
SEC. 11605. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS IN COMMODITY
PROMOTION, RESEARCH, AND INFORMATION ACT OF 1996.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives a report examining the
effect the establishment of a Natural Stone Research and Promotion
Board pursuant to the Commodity Promotion, Research, and Information
Act of 1996 (7 U.S.C. 7401 et seq.) would have on the natural stone
industry, including how such a program would effect--
(1) research conducted on, and the promotion of, natural
stone;
(2) the development and expansion of domestic markets for
natural stone;
(3) economic activity of the natural stone industry subject
to such a Board;
(4) economic development in rural areas; and
(5) benefits to consumers in the United States of natural
stone products.
SEC. 11606. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA PEANUT
PRODUCING REGION.
Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking
``Virginia and North Carolina'' and inserting ``Virginia, North
Carolina, and South Carolina''.
SEC. 11607. ESTABLISHMENT OF FOOD LOSS AND WASTE REDUCTION LIAISON.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6901 et seq.), as amended by section 11204, is further
amended by adding at the end the following:
``SEC. 222. FOOD LOSS AND WASTE REDUCTION LIAISON.
``(a) Establishment.--The Secretary shall establish within the Office
of the Secretary a Food Loss and Waste Reduction Liaison to coordinate
Federal programs to measure and reduce the incidence of food loss and
waste in accordance with this section.
``(b) Duties.--The Food Loss and Waste Reduction Liaison shall--
``(1) coordinate food loss and waste reduction efforts with
other Federal agencies, including the Environmental Protection
Agency and the Food and Drug Administration;
``(2) support and promote Federal programs to measure and
reduce the incidence of food loss and waste and increase food
recovery;
``(3) provide information to, and serve as a resource for,
entities engaged in food loss and waste reduction and food
recovery concerning the availability of, and eligibility
requirements for, participation in Federal programs;
``(4) raise awareness of the liability protections afforded
under the Bill Emerson Good Samaritan Food Donation Act (42
U.S.C. 1791) to persons engaged in food loss and waste
reduction and food recovery; and
``(5) make recommendations with respect to expanding food
recovery efforts and reducing the incidence of food loss and
waste.
``(c) Cooperative Agreements.--For purposes of carrying out the
duties under subsection (b), the Food Loss and Waste Reduction Liaison
may enter into contracts or cooperative agreements with the research
centers of the Research, Education, and Economics mission area,
institutions of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), or nonprofit
organizations for--
``(1) the development of educational materials;
``(2) the conduct of workshops and courses; or
``(3) the conduct of research on best practices with respect
to food loss and waste reduction and food recovery.''.
SEC. 11608. COTTON CLASSIFICATION SERVICES.
Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Hiring Authority.--Notwithstanding any other provision of law,
employees hired to provide cotton classification services pursuant to
this section may work up to 240 calendar days in a service year and may
be rehired non-competitively every year in the same or a successor
position if they meet performance and conduct expectations, as
determined by the Secretary.''.
SEC. 11609. 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. 11610. REPORT ON AGRICULTURAL INNOVATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture, in consultation
with the Administrator of the Environmental Protection Agency and the
Commissioner of the Food and Drug Administration, shall prepare and
submit a report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate on plans for improving the Federal government's
policies and procedures with respect to gene editing and other
precision plant breeding methods.
(b) Content.--The report under subsection (a) shall include plans to
implement measures designed to ensure that--
(1) the United States continues to provide a favorable
environment for research and development in precision plant
breeding innovation and maintains its leadership with respect
to that innovation;
(2) for plants for which premarket review is required under
the Plant Protection Act (7 U.S.C. 7701 et seq.), the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136), or
the Federal Food, Drug, and Cosmetic Act, the process for such
review is designed--
(A) to minimize regulatory burden while assuring
protection of public health and welfare; and
(B) to ensure that resources of the Department of
Agriculture are focused on plants with less familiar
characteristics, more complex risk pathways, or both;
(3) each agency referred to in subsection (a) recognizes that
certain applications of gene editing in plants do not warrant
such a premarket review process;
(4) each agency referred to in subsection (a) clearly
communicates the rationale for the regulatory policies and
decisions of such agency to the public through broadly
available and easily accessible tools;
(5) categories of plants that are familiar and have a history
of safe use be identified and exempted from such premarket
review or be subject to an expedited, independent premarket
review process for which data requirements are reduced;
(6) regulatory processes of each agency referred to in
subsection (a) are predictable, efficient, not duplicative, and
designed to accommodate rapid advances in plant breeding
technology; and
(7) where Federal law provides for regulatory oversight of
plant breeding technology by more than one Federal agency, the
relevant Federal agencies enter into appropriate interagency
agreements to shift responsibility for particular categories of
plant products and regulatory activities for purposes of
meeting the goals specified in paragraphs (1) through (6).
SEC. 11611. REPORT ON DOG IMPORTATION.
Not later than 180 days after the date of the enactment of this Act,
the Secretary of Agriculture, in consultation with the Secretary of
Commerce, the Secretary of Health and Human Services, and the Secretary
of Homeland Security, shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that contains the
following information, with respect to the importation of dogs into the
United States:
(1) An estimate of the number of dogs so imported each year.
(2) The number of dogs so imported for resale.
(3) The number of dogs for which such importation for resale
was requested but denied because such importation failed to
meet the requirements of section 18 of the Animal Welfare Act
(7 U.S.C. 2148).
(4) The Secretary's recommendations for Federal statutory
changes determined to be necessary for such importation for
resale to meet the requirements of such section.
SEC. 11612. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR HUMAN
CONSUMPTION.
The Animal Welfare Act (7 U.S.C. 2131 et seq.) is amended by adding
at the end the following new section:
``SEC. 30. PROHIBITION OF SLAUGHTER OF DOGS AND CATS FOR HUMAN
CONSUMPTION.
``(a) Prohibition.--No person may--
``(1) knowingly slaughter a dog or cat for human consumption;
or
``(2) knowingly ship, transport, move, deliver, receive,
possess, purchase, sell, or donate--
``(A) a dog or cat to be slaughtered for human
consumption; or
``(B) dog or cat parts for human consumption.
``(b) Penalty.--Any person who violates this section shall be subject
to imprisonment for not more than 1 year, or a fine of not more than
$2,500, or both.
``(c) Scope.--Subsection (a) shall apply only with respect to conduct
in or affecting interstate or foreign commerce or within the special
maritime and territorial jurisdiction of the United States.
``(d) Conflict With State Law.--This section shall not be construed
to limit any State or local law or regulations protecting the welfare
of animals or to prevent a State or local governing body from adopting
and enforcing animal welfare laws and regulations that are more
stringent than this section.''.
Subtitle G--Protecting Interstate Commerce
SEC. 11701. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL
GOVERNMENTS WITH PRODUCTION OR MANUFACTURE OF ITEMS
IN OTHER STATES.
(a) In General.--Consistent with article I, section 8, clause 3 of
the Constitution of the United States, the government of a State or
locality therein shall not impose a standard or condition on the
production or manufacture of any agricultural product sold or offered
for sale in interstate commerce if--
(1) such production or manufacture occurs in another State;
and
(2) the standard or condition is in addition to the standards
and conditions applicable to such production or manufacture
pursuant to--
(A) Federal law; and
(B) the laws of the State and locality in which such
production or manufacture occurs.
(b) Agricultural Product Defined.--In this section, the term
``agricultural product'' has the meaning given such term in section 207
of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626).
SEC. 11702. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE REGULATION OF
INTERSTATE COMMERCE.
(a) Private Right of Action.--A person, including a producer,
transporter, distributer, consumer, laborer, trade association, the
Federal Government, a State government, or a unit of local government,
which is affected by a regulation of a State or unit of local
government which regulates any aspect of an agricultural product,
including any aspect of the method of production, which is sold in
interstate commerce, or any means or instrumentality through which such
an agriculture product is sold in interstate commerce, may bring an
action in the appropriate court to invalidate such a regulation and
seek damages for economic loss resulting from such regulation.
(b) Preliminary Injunction.--Upon a motion of the plaintiff, the
court shall issue a preliminary injunction to preclude the State or
unit of local government from enforcing the regulation at issue until
such time as the court enters a final judgment in the case, unless the
State or unit of local government proves by clear and convincing
evidence that--
(1) the State or unit of local government is likely to
prevail on the merits at trial; and
(2) the injunction would cause irreparable harm to the State
or unit of local government.
(c) Statute of Limitations.--No action shall be maintained under this
section unless it is commenced within 10 years after the cause of
action arose.
Brief Explanation
TITLE I--COMMODITIES
Continues the Price Loss Coverage (PLC) and
Agricultural Risk Coverage (ARC) programs with modifications,
and discontinues the Agricultural Risk Coverage--Individual
Coverage (ARC-IC) option.
Provides producers with a one-time choice between
PLC and ARC. The choice is made on a farm-by-farm and
commodity-by-commodity basis.
Both options utilize the reference prices given
below, which are all consistent with the reference prices
enacted in the Agricultural Act of 2014, with the exception of
seed cotton.
------------------------------------------------------------------------
Reference Price
Covered Commodity Units ($)
------------------------------------------------------------------------
Wheat............................ Bu.................. 5.50
Rice............................. Cwt................. 14.00
Corn............................. Bu.................. 3.70
Oats............................. Bu.................. 2.40
Barley........................... Bu.................. 4.95
Sorghum.......................... Bu.................. 3.95
Seed Cotton...................... Lb.................. 0.367
Peanuts.......................... Ton................. 535
Soybeans......................... Bu.................. 8.40
Other Oilseeds................... Cwt................. 20.15
Dry Peas......................... Cwt................. 11.00
Lentils.......................... Cwt................. 19.97
Small Chickpeas.................. Cwt................. 19.04
Large Chickpeas.................. Cwt................. 21.54
------------------------------------------------------------------------
Maintains seed cotton policy enacted in the
Bipartisan Budget Act of 2018.
Establishes an Effective Reference Price for PLC,
which is set at the higher of the statutory reference price
listed above, or 85% of the 5-year Olympic average, not to
exceed 115% of the statutory reference price.
Provides producers who were affected by drought
during the previous yield update period a new one-time
opportunity to update the program yield for a covered commodity
on the farm to the average yield per planted acre from 2013 to
2017.
Improves ARC by prioritizing the use of Risk
Management Agency (RMA) yield data, basing payment rates on the
physical location of base acres, and establishing a separate
irrigated and non-irrigated revenue guarantee in each county.
Converts base acres on farms that were not planted
or prevented from being planted to a covered commodity at any
point in time from 2009 to 2017 to unassigned base, on which no
payments will be made.
Reauthorizes nonrecourse loans for loan
commodities for the 2019 to 2023 crop years and makes
adjustments to Extra Long Staple (ELS) cotton and the formula
for upland cotton loan rates.
Reauthorizes sugar policy in current law.
Renames the Margin Protection Program (MPP) for
dairy producers as the Dairy Risk Management Program (DRMP) and
makes adjustments to coverage levels and applicable premiums
for Tier I covered production, shown below. DRMP is authorized
through 2023.
COMPARISON OF PREMIUMS FOR TIER I COVERED PRODUCTION ($/Cwt.)
------------------------------------------------------------------------
Bipartisan
Agricultural Act Budget Act of H.R. 2 (first 5
Coverage Level of 2014 (first 4 2018 (first 5 million pounds)
million pounds) million pounds)
------------------------------------------------------------------------
$9.00 N/A N/A $0.170
$8.50 N/A N/A $0.120
$8.00 $0.475 $0.142 $0.090
$7.50 $0.300 $0.087 $0.057
$7.00 $0.217 $0.063 $0.041
$6.50 $0.090 $0.040 $0.017
$6.00 $0.055 $0.016 $0.010
$5.50 $0.040 $0.009 $0.008
$5.00 $0.025 None $0.005
$4.50 $0.010 None $0.002
$4.00 None None None
------------------------------------------------------------------------
Requires the Secretary to analyze the accuracy of
feed cost data to ensure the feed cost formula reflects the
true cost of dairy rations needed to produce a hundredweight of
milk.
Allows milk production that is not covered under
DRMP to be eligible for coverage under a Livestock Gross Margin
Dairy (LGM-D) insurance policy.
Modifies the formula used for the calculation of
Class I milk prices.
Reauthorizes the Dairy Forward Pricing Program,
Dairy Indemnity Program, and Dairy Promotion and Research
Program through 2023.
Repeals the Dairy Product Donation program.
Improves the Livestock Indemnity Program (LIP) and
maintains the Livestock Forage Program (LFP), Emergency
Assistance for Livestock, Honey Bees and Farm-Raised Fish
(ELAP), and the Tree Assistance Program (TAP).
Eliminates the payment limitation on ELAP payments
and provides for a limited exception from means testing for
disaster programs for certain persons or entities.
Maintains a payment limit of $125,000 for combined
ARC and PLC program assistance.
Continues to ensure that individuals with a 3-year
average adjusted gross income in excess of $900,000 are
ineligible for commodity, disaster, and conservation program
benefits.
Defines `qualified pass through entity' to ensure
that payment limitations and means testing are applied
consistently across similar entity structures.
Requires the Secretary to ease regulatory burdens
on producers by providing additional options for sharing data
across the Department, and offering additional options to fill
out the necessary paperwork for participation in farm programs.
TITLE II--CONSERVATION
Continues robust funding of the Conservation
Title, allowing investments in the locally-led, voluntary,
incentive-based conservation model.
Builds on the reforms of the Agricultural Act of
2014 by streamlining, simplifying, and improving program
administration, while increasing flexibility throughout the
Conservation Title.
Reforms the Conservation Reserve Program (CRP), a
program that has been in place for over 30 years and is the
costliest conservation program. These reforms increase the cap
from the current 24 million acres to 29 million acres by 2023
with no additional costs by making rental rate, practice cost-
share and incentive reforms within the program. This is
designed to target the program to the most sensitive lands
while avoiding direct competition with market rental rates.
Simplifies the Conservation Stewardship Program
(CSP) by consolidating it into the Environmental Quality
Incentives Program (EQIP) while maintaining program function.
Existing CSP contracts and associated funding will continue
until their scheduled expiration.
Provides increased funding for the Voluntary
Public Access and Habitat Incentive Program while leaving the
proven, successful underlying authorities in place.
Provides mandatory annual funding for the
Watershed Protection and Flood Prevention Program to be used
across the three program authorities: watershed planning,
construction, and rehabilitation.
Introduces and provides funding for a new Feral
Swine Eradication and Control Pilot Program to explore
partnership-based solutions to slow the population expansion of
feral swine and address their threat to agriculture, native
ecosystems, and human and animal health.
Provides additional flexibility for the
Agricultural Conservation Easement Program (ACEP) making the
program more efficient for farmers, stakeholders, and USDA,
while restoring a consistent level of mandatory funding.
Broadens the covered programs, simplifies the
application process and program administration while adding
additional flexibility to the innovative and popular Regional
Conservation Partnership Program (RCPP). Includes an increase
in mandatory funding and removes the contributing program
requirement that was administratively cumbersome for the agency
and partners.
Removes an impediment to conservation adoption by
eliminating SAM/DUNS requirements for conservation and
commodity program participants.
Focuses on important natural resource concerns
like water quality and water quantity, by building support from
``downstream'' water users while decreasing the threat of
regulatory intervention.
TITLE III--TRADE
Trade Promotion
Streamlines the Market Access Program (MAP), the
Foreign Market Development (FMD) Program, the Technical
Assistance for Specialty Crops (TASC) Program, and the Emerging
Markets Program (EMP) into one International Market Development
Program, restoring funding for FMD and TASC, and establishing
overall funding at $255 million per year, moving forward.
Complements the recent reorganization within the
Department of Agriculture by ensuring the newly established
Under Secretary for Trade and Foreign Agriculture Affairs has
the tools necessary to enhance the competitiveness of the
United States agricultural industry on the global stage.
International food aid and food security
Maintains in-kind food aid as the foundation of
the Food for Peace Program as well as the 20% flexibility
provided in the 2014 Farm Bill to ensure the appropriate food
aid modality can be used in each emergency and development
situation.
Reauthorizes appropriations for Food for Peace at
$2.5 billion annually.
Strengthens Food for Peace oversight, monitoring,
and evaluation by allowing funding to fluctuate as a percentage
of available appropriations.
Extends authority for the Famine Early Warning
Systems Network (FEWS NET) to provide advance information to
more quickly and effectively respond to crises as they emerge.
Enhances the usage of market impact analysis,
known as Bellmon determinations, and requires that such
analysis be completed for all forms of assistance to ensure no
modality has adverse impacts on local markets.
Updates food aid labeling requirements to ensure
U.S. generosity is appropriately conveyed on packaging and
printed materials, including materials to accompany financial
assistance that indicate the assistance is furnished on behalf
of the United States.
Maintains authority for ``monetization'' within
Food for Peace, but the 15% minimum requirement is removed to
allow for more flexibility in development program
implementation.
Improves the development ``safebox'' minimum by
increasing it by $15 million to appropriately account for the
development (rather than emergency) goals of the Farmer-to-
Farmer program, and by authorizing the Administrator to count
Community Development Funds (CDF) toward the minimum to better
coordinate development efforts across foreign assistance
programs.
Reauthorizes funding for the prepositioning of
U.S. in-kind commodities at current levels to allow for
timelier food aid delivery to areas with immediate needs.
Reauthorizes the Food Aid Consultative Group to
ensure that key industry stakeholders maintain the ability to
provide valuable input regarding the effectiveness of
procedures and regulations governing food aid programs.
Streamlines annual food aid reporting requirements
to allow the USAID Administrator and the Secretary to submit a
joint annual report to Congress on programs and activities;
outlines required report content; sets an annual April 1
deadline; and clarifies procedures if the report is not
submitted on time.
Renames assistance for stockpiling and rapid
transportation, delivery, and distribution of shelf-stable
prepackaged foods as the International Food Relief Partnership
to reflect common industry terminology, and funding for the
program is reauthorized to continue the use of Ready-to-Use
Therapeutic Foods (RUTF) that save millions of lives by
providing fortified, nutrient-dense products to vulnerable
populations around the world.
Reauthorizes Food for Progress to continue non-
emergency development assistance focused on improving
agricultural productivity in developing countries and updates
the program to clarify Congressional intent by allowing
colleges and universities to participate.
Reauthorizes the John Ogonowski and Doug Bereuter
Farmer-to-Farmer Program; ensures projects are technical in
nature; encourages sequenced Farmer-to-Farmer assignments to
build longer-term continuity and increase capacity building
within the program; and encourages strengthened communication
and project coordination to ensure volunteer areas of expertise
are of direct benefit to host country needs.
Reauthorizes the Local and Regional Food Aid
Procurement (LRP) Program to complement in-kind food aid by
assisting local farmers and communities in building the
capacity to produce food used in local schools with an emphasis
on meeting quality standards and product specifications,
ensuring food safety and nutritional content within each
project.
Maintains the Cochran Fellowship Program to
provide short-term training opportunities to agricultural
professionals from middle-income countries, emerging markets,
and emerging democracies; updates programmatic authority to
allow for in-country training if deemed more appropriate and
efficient than conducting training in the U.S.; and emphasizes
the transfer of skills related to sanitary and phytosanitary
standards for agricultural products.
Reauthorizes the Borlaug International
Agricultural Science and Technology Fellowship to continue
promoting food security and economic growth through training
fellowships to citizens from developing and middle-income
countries; updates programmatic authority to allow for in-
country training if deemed more appropriate and efficient than
conducting training in the U.S.; and expands the program
purposes to enhance agricultural capacity in eligible countries
by providing fellowships to U.S. citizens for the development
of school-based agricultural education and youth extension
programs.
Reauthorizes U.S. contributions to the Global Crop
Diversity Trust at current levels to assist in the conservation
of genetic diversity in the world's food crops, and increases
from 25% to 33% the limitation on the aggregate percentage of
contributions to the trust from the Federal Government.
Reauthorizes the Bill Emerson Humanitarian Trust
to enable the Secretary and Administrator to respond to urgent
food needs without compromising their ability to provide
assistance to other needy populations.
TITLE IV--NUTRITION
Expands the piloted National Accuracy
Clearinghouse to create a nationwide Duplicative Enrollment
Database which will be used by all States when making
eligibility determinations to prevent SNAP participants from
receiving duplicative benefits in multiple States.
Requires States to collect and submit SNAP
participant data to the Duplicative Enrollment Database that
will be summarized and published annually in a report analyzing
participant characteristics including tenure in the program.
Amends the Food Insecurity Nutrition Incentive
Program (FINI) to include a training, evaluation, and
information center, and to provide $65 million in annual
funding by FY 2023.
Creates the Retailer-Funded Incentives Pilot,
improving the current benefit structure to provide the
opportunity for recipients to increase monthly benefit
allotments based on purchase of fruits, vegetables, and dairy.
Requires a published review of the Thrifty Food
Plan by 2022 and every five years thereafter.
Allows appropriated Food Distribution Programs on
Indian Reservations (FDPIR) funds to remain available for two
fiscal years and strikes the requirements regarding the
surveying and reporting of traditional foods.
Updates categorical eligibility to only include
instances where a beneficiary is receiving cash assistance or
ongoing and substantial services such as transportation, child
care, counseling, or other services as determined by the
Secretary. The latter, known as narrow categorical eligibility,
will have income limits set at 130% of the Federal poverty
level (FPL) for non-elderly, non-disabled households, and 200%
FPL for those households with an elderly or disabled member.
Strikes the State option of deducting child
support payments, strikes the State option of child support
cooperation for both custodial and non-custodial parents, and
eliminates the SNAP disqualification for child support arrears.
Excludes up to $500 of the Basic Allowance for
Housing for military families from any calculation of income or
resources when determining eligibility to participate in SNAP.
Ensures that only funding in excess of such allowance can be
used when determining a household's expenses for the excess
shelter deduction.
Increases the earned income deduction percentage
from 20% to 22%.
Requires States to apply the simplified homeless
housing deduction of $143 for homeless individuals not
receiving free housing during the month.
Ends abuse of Standard Utility Allowance
deductions for heating and cooling by mandating households
actually incur heating and/or cooling expenses and proving as
such at eligibility determination. This ends the practice of
increasing benefits for those who do not incur heating and/or
cooling expenses but still receive the deduction.
Modernizes asset limits to $7,000 for those
households without an elderly or disabled member and $12,000
for households with an elderly or disabled member.
Updates the vehicle allowance to exclude $12,000
of the value of one vehicle per licensed driver from a
household's assets calculations. This figure will be adjusted
for inflation, going forward. States must use the SNAP vehicle
allowance at SNAP eligibility determination.
Requires that up to $2,000 in savings be excluded
from assets in determining eligibility, adjusted for inflation,
going forward. This is in addition to the modernized asset
limits for households.
Beginning in FY 2021: Eliminates the treatment of
Able-Bodied Adults Without Dependents (ABAWDs) as a separate
population from other work-capable adults; establishes a
substantive work requirement for all work-capable adults (aged
18-59), with exemptions for the caretaker of a child under six,
those who are pregnant, and those who are mentally or
physically disabled; for at least 20 hours per week, work-
eligible individuals must work, participate in a work program
(e.g., WIOA), or participate in Employment and Training (E&T);
standardizes the disqualification policy across all States, to
12 months of ineligibility for the first occurrence of non-
compliance and 36 months for each subsequent occurrence;
increases the hours-per-week requirement from 20 to 25 after
five years and amends the components of the work requirement to
mandate case management, dictates supervised job search, and
allows for additional options including apprenticeships, time-
limited unpaid or volunteer work, subsidized employment, family
literacy, and financial literacy; requires States to have
sufficient E&T slots for all non-exempt SNAP participants
subject to the work requirement; maintains the option for
States to exempt up to 15% of the work-eligible population
based on an updated formula; tightens and modifies geographic
waivers, specifically addressing the gerrymandering of areas of
high unemployment; allows for a two year transition period for
States to enhance their infrastructure to offer such services.
Permits a mobile technology pilot for up to five
authorized States.
Prohibits switching, routing, or processing fees
within retailer SNAP transactions.
Requires SNAP households to take action after more
than two cards are lost, down from four.
Narrows the time limit for SNAP benefit storage
and expungement.
Requires nationwide implementation of online
acceptance of benefits post-pilot.
Requires the routing of all SNAP transactions
through a national gateway for the purposes of transaction
validation and settlement.
Requires States to offer five months of
transitional benefits for households that cease to receive cash
assistance.
Requires at least a biennial survey and summary of
retail food store SNAP EBT transactions.
Increases the amount of recovered funds States are
permitted to retain and requires what those funds can be used
for: investments in technology, improvements in administration
and distribution, and actions to prevent fraud.
Reduces the tolerance level for payment errors
from $37 to $0.
Eliminates State performance bonuses but maintains
the evaluation of State performance indicators.
Increases resources for The Emergency Food
Assistance Program (TEFAP) and establishes a farm-to-food bank
program that leverages available food production in the State
to provide nutrition for low-income individuals.
Reforms nutrition education by revising funding
and administration, and ends duplication and improves
coordination through the combining of SNAP-Ed and the Expanded
Food and Nutrition Education Program (EFNEP).
Permits up to $150 million to be used as
implementation funds for changes to Subtitle A--Supplemental
Nutrition Assistance Program.
Allows for all forms to be considered in the
delivery of the Fruit and Vegetable School Lunch Program.
TITLE V--CREDIT
Amends the Farm Ownership Loan Program to grant
the Secretary enhanced flexibility to allow military experience
or agricultural education to qualify for a portion of the 3-
year farming or ranching experience requirement to become an
eligible borrower.
Reauthorizes the Conservation Loan and Loan
Guarantee Program.
Reauthorizes Farm Ownership and Operating Loans
with a modest increase in the guaranteed loan limit to account
for growing financial stress in rural America.
Extends the Beginning Farmer and Rancher
Individual Development Accounts Program.
Reserves Loan Fund Set-Asides, which is a portion
of the guaranteed farm ownership loan and direct operating loan
funds, for beginning farmers and ranchers.
Removes obsolete references from the Farm Credit
Act and grants the Farm Credit Administration new oversight
authorities to go after bad actors.
Extends the State Agricultural Mediation Programs,
allowing agriculture and USDA-related disputes to be resolved.
Updates authority of Farmer Mac to more
appropriately reflect the current size of the average U.S.
farming operation.
TITLE VI--RURAL DEVELOPMENT
Creates new forward-looking broadband standards,
requiring projects financed through USDA to provide broadband-
levels of service through the duration of their loan terms.
Provides new incentives for borrowers seeking to
serve high-cost, low-density rural areas to finally develop
high-speed broadband networks in the hardest to serve rural
areas.
Provides new authority for the Secretary to
prioritize projects that will help to combat the opioid crisis
devastating rural families and communities.
During a time of record suicides among farmers and
ranchers, the bill reauthorizes the farmer and rancher mental
health services program to provide needed mental health
services to the agricultural community.
Provides all rural communities under 50,000 people
access to the guaranteed lending programs that finance critical
infrastructure projects such as essential community facilities,
broadband systems, and water systems and waste disposal
facilities.
Simplifies and incentivizes regional development,
to help rural communities maximize the value of cooperation and
work together to build their economies.
Provides assistance to farm and ranch
organizations to establish Association Health Plans for their
members.
Reauthorizes and makes improvements to the
longstanding water and waste, community facilities,
telecommunications, and electric infrastructure loan and grant
programs that bring critical health, sanitary, educational, and
connectivity services to rural regions.
Reauthorizes the successful energy programs that
help diversify our nation's energy supply, promote energy
efficiency, and create new economic opportunities in rural
America.
Adjusts eligibility requirements for the Rural
Energy Savings Program and ensures longevity of the program.
Ensures that mature markets for biobased products
made from forestry materials are not put at a competitive
disadvantage.
Expands project eligibility for biorefinery and
biobased product manufacturing assistance.
Provides equitable distribution of payments to
feedstocks under the Bioenergy for Advanced Biofuels Program.
Repeals the Rural Energy Self-Sufficiency
Initiative.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Reauthorizes extramural research, extension, and
education grants and formula funds for programs administered by
the National Institute of Food and Agriculture.
Reauthorizes university research, extension, and
education for agricultural activities at 1862, 1890, and 1994
Land-Grant Colleges and Universities.
Reauthorizes competitive capacity building and
education grants for Non-Land Grant Colleges of Agriculture and
Hispanic-Serving Agricultural Colleges and Universities.
Reauthorizes the National Agricultural Research,
Extension, Education, and Economics Advisory Board and the
Specialty Crop Committee while streamlining the membership
structure and role to enhance the board's function of providing
industry and stakeholder input to the Department's research,
extension, and education priority-setting process.
Reauthorizes funding and updates priorities of the
Department's premier competitive research and extension
program, the Agriculture and Food Research Initiative.
Maintains permanent funding of $80 million per
year for the Specialty Crop Research Initiative. The Organic
Agriculture Research and Extension Initiative and the Beginning
Farmer and Rancher Development Program are provided a total of
$50 million in mandatory funding per year.
TITLE VIII--FORESTRY
The Farm Bill encourages proper management for healthy and
productive Federal, State, and private forests and incentivizes
infrastructure and new market opportunities to revitalize
communities and healthy landscapes.
Promotes conservation on private forests through
the Forest Legacy Program and the Community Forest and Open
Space Conservation Program.
Protects forests through cross-boundary forest
management projects by authorizing the State and private forest
landscape-scale restoration program.
Works to address the need for innovative wood
products for low value wood.
Updates and modernizes the Secure Rural Schools
law and further empowers the Resource Advisory Committees
(RACs) that have brought diverse viewpoints together to solve
National Forest management problems.
Builds upon the successes of categorical
exclusions (CEs). CEs are used for routine activities with
known outcomes, and they save the United States Forest Service
(USFS) time and money while still protecting the environment
and natural resources.
Expedites the USFS's ability to quickly remove
dead trees after wildfires. This will pay for reforestation and
rehabilitation, including planting trees, surveying for natural
regeneration, clearing vegetation around seedlings, and other
activities.
Ensures robust protection of the environment
through environmental reviews while making environmental
process requirements more efficient by reducing project
planning times and costs of implementing forest management
projects.
Authorizes the USFS to immediately implement tools
to reduce the threat of catastrophic wildfire, insect and
disease infestation, and damage to municipal watersheds.
Directs the Secretary to promote the research and
development of tall wood building construction.
Creates no new Federal red-tape or requirements--
no new mapping, planning, rule-making, or reports.
TITLE IX--HORTICULTURE
Maintains funding for the Specialty Crop Block
Grant Program, with funding provided for multi-state projects,
while streamlining reporting requirements for State agencies.
Provides authorization of appropriations for the
Farmers' Market and Local Food Promotion Program to improve and
expand direct producer-to-consumer market opportunities
including the development of local food system infrastructure.
Reauthorizes the National Organic Program and
Organic Production and Market Data Initiatives and provides for
modernization of organic import documentation, new technology
advancements, and stricter enforcement of organic imports.
Clarifies the role and authority of State lead
agencies in regulating pesticides under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Streamlines the process for Endangered Species Act
consultations for pesticide registrations and registration
reviews under FIFRA.
Provides regulatory relief by eliminating a costly
and duplicative permitting requirement for pesticide
applications.
TITLE X--CROP INSURANCE
Allows the Risk Management Agency (RMA) to offer
insurance for forage and grazing and harvested grain in the
same season for certain crops.
Prevents duplication of coverage between certain
crop insurance policies and Agricultural Risk Coverage (ARC).
Repeals unused authority to offer additional
discounts to certain producers.
Affirms RMA's authority to offer yield adjustments
in certain instances.
Establishes guidelines for appropriate
reimbursement of expenses related to the development or
maintenance of privately-developed policies.
Extends the discount for beginning farmers and
ranchers from 5 years to 10 years for the purposes of
calculating producer-paid premium for Whole Farm Revenue
Protection (WFRP).
Directs research and development of new or
improved crop insurance policies for certain underserved or
high priority commodities.
Repeals the Risk Management Education Partnerships
Program, the Targeted States Program, and Agricultural
Management Assistance, and adjusts funding levels accordingly.
TITLE XI--MISCELLANEOUS
SUBTITLE A--LIVESTOCK
Reauthorizes the National Animal Health Laboratory
Network for rapid disease diagnosis.
Establishes and provides funding for a U.S.-only
vaccine bank to respond to accidental or intentional
introduction of animal disease--foot-and-mouth disease (FMD) in
particular.
Establishes and provides funding for the National
Animal Disease Preparedness and Response Program to leverage
local, State, and national resources in preventing and
responding to threats such as FMD, cattle fever tick, Highly
Pathogenic Avian Influenza (HPAI), Porcine Epidemic Diarrhea
Virus (PEDv), and more.
Reauthorizes the National Aquatic Animal Health
Plan.
Authorizes the Secretary to maintain--in all
regions of the United States--veterinary teams, including those
based at colleges of veterinary medicine, who are capable of
providing effective response services before, during, and after
emergencies.
Directs the USDA Inspector General to submit a
report to the Secretary on the effectiveness of outreach by the
Food Safety and Inspection Service (FSIS) to small and very-
small processors.
Establishes a Food Loss and Waste Reduction
Liaison to coordinate Federal programs to measure and reduce
the incidence of food loss and waste.
SUBTITLE B--BEGINNING, SOCIALLY DISADVANTAGED, AND VETERAN PRODUCERS
Reauthorizes outreach and assistance for socially
disadvantaged farmers and ranchers and veteran farmers and
ranchers.
Reauthorizes appropriations for the Office of
Partnerships and Public Engagement to increase outreach to
limited-resource, veteran, Tribal farmers and ranchers, and
youth.
Establishes the ``Commission on Farm Transitions--
Needs for 2050'' to study issues impacting the transition of
farms and ranches to the next generation of producers.
Directs the Secretary to establish an agricultural
youth organization coordinator position to promote the role of
youth organizations in motivating and preparing young people to
pursue careers in agriculture, food, and natural resource
systems.
Purpose and Need
Not since the Farm Security and Rural Investment Act of
2002 was enacted to prevent a farm financial crisis from
unfolding has the need for a Farm Bill been more evident.
Today, as then, the U.S. agriculture economy is in a deep,
prolonged recession.
Net farm income has fallen by 52 percent over the past five
years, among the steepest declines since the Great Depression.
In the midst of a severe five-year recession, net farm income,
measured in nominal dollars, is the lowest in 12 years, and the
lowest since 2002 when adjusted for inflation. Meanwhile, costs
of production have been steadily climbing.
The result is that farm and ranch income is not able to
keep up with costs, forcing farmers and ranchers to work 16
hours or more a day, with many taking on two or three other
jobs in town alongside their spouses who also work off the
farm, just to make ends meet. In fact, the Federal Reserve Bank
of Kansas City has observed that without this off-farm income
most farmers would be unable to pay their debts.
According to the Agricultural and Food Policy Center and
the Food and Agricultural Policy Research Institute, about two-
thirds of the representative farms used nationwide to measure
the economic health of agriculture are expected to be in
marginal or poor condition.
Two Wall Street Journal articles--``The Next American Farm
Bust is Upon Us'' (Feb. 8, 2017) and ``To Stay on the Land,
American Farmers Add Extra Jobs'' (Feb. 25, 2018)--encapsulate
well the economic condition of farm and ranch country in
America today.
The impacts are serious, both on and off the farm. Aging
farmers and ranchers are encouraging their children to take
jobs in the city rather than take over the family farm or
ranch. Meanwhile, off the farm, the number of jobs outside of
the metro areas has remained three percent below the pre-
recession peak even as metro jobs have grown five percent.
But, even in 2015, near the beginning of the current
recession in agriculture, the Economic Research Service (ERS)
had already concluded that 46 percent of midsized family farms
and 36 percent of large family farms had margins low enough to
be considered ``high risk''.
This is because agriculture is an inherently risky
business. Farmers and ranchers operate in a perfectly
competitive sector, meaning farmers are price-takers with
little to no market power. Within this environment, farmers and
ranchers tend to realize long-run average net returns that are
near zero. Highly volatile prices and weather-related
production losses create a high-risk situation for farmers and
ranchers operating on very thin and often negative margins even
in relatively ordinary economic times.
In fact, in 2015, ERS found that, on average, for the top
four crops, a farmer realized a profit less than 30 percent of
the time when all costs were taken into account. To contrast
the level of risk in agriculture versus other sectors of the
economy, a report comparing the two found that returns on
agricultural assets exceeded returns on non-agricultural assets
only once over the thirty-two years that were analyzed. The
risks in agriculture are truly exceptional.
This helps explain why even in 2007, during relatively good
years in agriculture, the Agricultural and Food Policy Center
concluded that most U.S. farms and ranches would have been
unable to survive the erosion in farm income resulting from an
amendment to the Farm Bill at the time that effectively
proposed to eliminate the farm safety net provided by Title I
of the Farm Bill. It also explains why U.S. farm policy has
been around in one form or another since our country began.
The predatory trade practices employed by foreign countries
involving high and rising subsidies, tariffs, and non-tariff
trade barriers; the record losses suffered in 2017 due to
hurricanes and wildfires; costly government regulations; and
spiraling health care costs, especially for the self-employed,
are reminders of factors that lay well beyond the control of
our nation's farm and ranch families.
For instance, in a single year, China over-subsidized just
three crops by more than $100 billion and, more recently,
illegally retaliated against American farmers in response to
U.S. efforts to gain China's compliance with its other trade
commitments. The egregious policies of China and many other
foreign nations stand in stark contrast with the open market of
the United States which has among the lowest tariffs and
domestic supports in the world.
Despite the lopsided playing field resulting from a global
market distorted by the predatory trade practices of foreign
countries, America's farmers and ranchers have worked hard to
stay competitive, generating a U.S. trade surplus in
agricultural trade amidst a very substantial overall annual
trade deficit for the United States.
The competitiveness of America's farmers and ranchers has
also produced the smallest grocery bills for U.S. consumers,
with Americans spending about 6.4 percent of total expenditures
on food consumed at home.
Meanwhile, consumers around the world benefit from
America's farmers and ranchers who truly provide the safest,
most abundant, most affordable food supply in the world while
also creating 21 million American jobs at home.
Although U.S. farm policy undergirds this remarkable record
of accomplishment, its price tag comes to roughly one-quarter
of 1 percent of the total federal budget, with the overall farm
bill, which encompasses far more than a farm safety net, on
target to save taxpayers more than $112 billion over the next
ten years.
The Agriculture and Nutrition Act of 2018 recognizes the
unique risks inherent in agriculture, the hardship that
America's farmers and ranchers are currently experiencing, and
the enormous contributions the nation's farm and ranch families
make to our country.
The farm bill keeps faith with these hard working farm and
ranch families by providing a strong safety net, particularly
under Title I of the Farm Bill and under Federal Crop
Insurance, while also keeping faith with taxpayers and future
generations of Americans by honoring the significant budget
savings already being achieved under the current Farm Bill.
The farm bill maintains the broad statutory authority
invested in the Secretary of Agriculture to respond to any
extraordinary needs in farm and ranch country, including
authority to provide direct assistance to farmers and ranchers
who suffer economic losses as a result of unwarranted trade
actions by foreign nations, including the illegal retaliatory
actions recently taken or threatened by China.
The farm bill also further strengthens America's commitment
to cleaner air and water, healthy soils, and abundant and
vibrant wetlands, wildlife, and wildlife habitat; affirms our
nation's commitment to highly successful humanitarian
assistance and food aid policy; and renews critical investment
in trade promotion tools vital to the global competitiveness of
America's farmers and ranchers.
The farm bill fully funds the nutrition title, maintaining
key initiatives in helping low income families put food on
their tables while offering something far greater: training
opportunities that will lead them to a good paying job,
independence, and a brighter future.
The farm bill also ensures ample credit for our nation's
farmers and ranchers so they can produce a crop and make long-
term investments in their operations, while providing loans and
grants for critical rural infrastructure, including reaching
underserved and unserved areas of rural America with high-
quality broadband service.
The farm bill provides the Secretary with the tools he
needs to step up the fight against opioid addiction,
incentivizes healthy forests and cutting edge research, while
providing groundbreaking investment in animal disease
preparedness and response and key initiatives for specialty
crop farmers.
And, apart from the nutrition title, the farm bill
represents the bipartisan work of Committee leadership. This
work was ongoing and productive until the Ranking Member
declared, after receiving instructions to halt further
negotiations, that Democratic opposition to the measure could
not be overcome due primarily to objections to a 20 hour per
week work or training requirement for work-capable adults
participating in SNAP.
Yet, despite the disagreement over the nutrition title, on
balance, the farm bill still reflects the bipartisan consensus
reached after a thorough, open, and transparent three-year
process that included 114 hearings, six listening sessions in
the field, and countless meetings with organizations
representing every American whose life is touched by the farm
bill.
TITLE I--COMMODITIES
Title I of the farm bill is the front line defense of
farmers and dairy producers struggling to survive in the face
of five years of depressed prices and revenue, and ranchers and
livestock producers coping with production losses resulting
from natural disasters.
Generally, farmers, ranchers, dairymen, and other livestock
producers urged the Committee to maintain the suite of risk
management tools provided under Title I of current law,
including Price Loss Coverage (PLC), Agriculture Risk Coverage
(ARC), Marketing Loans, U.S. sugar policy, dairy risk
management, and supplemental agricultural disaster assistance
programs. The challenge facing the Committee was honoring these
requests with a budget baseline that is $1.7 billion lower than
the baseline used to write Title I of the 2014 Farm Bill.
Despite the budgetary challenge, the Farm Bill honors the
request of producers by providing farmers with a new election
opportunity between PLC and ARC, with some improvements made to
each option. Farmers noted that under previous farm bills,
reference prices could become outdated and lose relevance to
producers under certain market conditions. Many farmers who
experienced severe drought during the last opportunity to
update yields used to administer PLC requested a second
opportunity. Farmers also frequently observed the disparate
benefits from county-to-county under ARC and sought several
ways in which to smooth out these disparities. The farm bill
addresses these key concerns as well as others.
The farm bill also fully maintains the broad statutory
authority invested in the Secretary of Agriculture to respond
to extraordinary needs, including authority to provide direct
assistance to farmers and ranchers who suffer economic losses
as a result of unwarranted trade actions by foreign nations,
including the illegal retaliatory actions taken or threatened
by China.
The farm bill also honors the request of farmers by
generally maintaining Marketing Loans and U.S. sugar policy.
U.S. sugar policy is operating at no cost to the taxpayer and
has done so for all but one of the last 17 years, the year in
which Mexico was found guilty of dumping sugar onto the U.S.
market at prices below Mexico's cost of production in violation
of U.S. trade law.
USDA estimates that U.S. sugar policy will continue to
operate at no cost to taxpayers due in part to the suspension
agreements to halt illegal dumping and injury to U.S. producers
that were agreed to by the United States and Mexico. Meanwhile,
recent studies find that both U.S. retail and wholesale sugar
prices are lower than abroad. The Committee expects the
Secretary to carry out U.S. sugar policy in a manner that
maintains these benefits to taxpayers and consumers.
The Committee did not include proposals put forward by
manufacturer users of sugar because the proposals would
legitimize the dumping of heavily subsidized imports onto the
U.S. market, depressing prices for U.S. sugar producers and
jeopardizing their ability to repay loans. Manufacturers also
propose to reduce the sugar loan rate to levels set 33 years
ago despite significant increases in costs of production since
1985. Finally, manufacturers seek to eliminate the nonrecourse
nature of the loan, no longer accepting forfeiture of a crop
pledged as collateral in satisfaction of loan debt. This
proposal has serious implications not only for sugar farmers
but sets a dangerous precedent for farmers of all crops
eligible for marketing loans. The Committee observes that such
proposals have also called for the elimination of sugar
supports world-wide and notes that Congressional approval of H.
Con. Res. 40 (115th Congress) is the best means to achieve this
goal, a goal shared by U.S. sugar farmers.
For purposes of the prevailing world market price for
cotton described in section 1204(d), the Committee urges the
Secretary to consider modifying the current formula to include
the three lowest-priced growths quoted for Middling (M) 1 3/32
inch, CFR Far East, rather than the current formula that
utilizes the five lowest-priced growths. Moreover, for purposes
of the adjustments to the prevailing world market price for
cotton, as described in section 1204 (e)(2)(A)(ii), the
Committee urges the Secretary to work with representatives of
the U.S. cotton industry to ensure that the ``average costs to
market the commodity, including average transportation costs''
fully and consistently account for all associated costs,
including average storage costs and transportation costs from
an interior warehouse. The Committee commends the Secretary of
Agriculture's July 2017 decision to release the results of the
new cost-to-market survey two weeks in advance of the actual
Adjusted World Price announcement in which the new survey is
incorporated, as this decision reflects statutory purpose and
Congressional intent. The Committee believes that it is
critical for industry participants to have advance notice of
the new cost to market data and providing this to the industry
will help avoid undue disruptions to the U.S. cotton market.
The Committee urges the Secretary to continue to make these
announcements in advance.
Recognizing the importance of timely shipment and delivery
of cotton to the end-user, the Committee urges the Secretary to
work with representatives of the U.S. cotton industry to
achieve consensus among all segments of the industry on how
best to update and modernize the current Cotton Storage
Agreement for U.S. cotton warehouses. The Committee expects the
Secretary to ensure that any updates are based on the consensus
recommendations of the industry and include the following: (1)
require the use of Batch 23 for shipping orders to include a
valid load date; (2) update warehouse hours of service to be
consistent with the hours of service requirements in the U.S.
Warehouse Act; and (3) require a bale locator ID to be used
when issuing a warehouse receipt and recommend that the locator
ID be updated each time a bale location changes. The Committee
expects the Secretary to ensure that the shipping order data
from Batch 23 is utilized to audit warehouse performance in
order to ensure warehouses are meeting the minimum shipping
standard of 4.5 percent.
Dairy policy is maintained with some important
improvements, including provisions to provide greater coverage
levels at lower premium cost with respect to the first five
million pounds of production. The former cap on livestock
(including dairy) insurance policies available under Federal
Crop Insurance remains lifted to allow insurance products to
help all dairy producers manage risk. Finally, the calculation
of class I milk is adjusted to better enable producers to hedge
price risk in the futures market.
Livestock disaster programs are maintained and
strengthened, including expanding the Livestock Indemnity
Program to cover the death or sale loss resulting from diseases
caused or transmitted by a vector that cannot be controlled by
vaccination or other acceptable management practices, as well
as through the streamlining of rules that have impeded the
effectiveness of these programs in responding to disasters. The
Committee is concerned about the administration of the Farm
Service Agency's Tree Assistance Program for nursery tree
growers. The Committee encourages the Secretary, acting through
FSA, to further define ``stand'' as it relates to eligible
crops for an eligible nursery tree grower. The Committee also
expects that FSA gather input from a qualified ornamental
horticultural expert to determine loss prior to the county
committee making a determination on an eligible nursery
grower's application. Further, the Committee expects FSA to
allow additional time to fully access tree, bush, and vine
damage to support an eligible nursery grower's application in
the event that the 90-day disaster event deadline expires and
disaster-related losses become apparent after the deadline. FSA
is also expected to provide additional training of state and
contract personnel regarding FSA emergency assistance programs
available to eligible nurseries, greenhouses, and Christmas
tree growers. With respect to the Livestock Forage Program
(LFP), the Committee observes that FSA has lost a national
appeals division (NAD) case concerning the regulatory treatment
of contract growers who are at risk relative to the weight gain
of livestock. The Committee encourages FSA to revise the
regulation in order to provide clear and equitable guidelines
for producers as to who is eligible for an LFP payment based on
the type of contract under which they operate.
The Administration subtitle largely reflects previous such
subtitles to ensure a speedy and seamless transition from old
law to new. The Adjusted Gross Income test, which was imposed
by the 2002 Farm Bill and sharply lowered under the 2008 and
2014 Farm Bills, is maintained at its current level. The lower
aggregate payment limitation approved under the 2014 Farm Bill
is also maintained. Pass-through entities are treated the same
as general partnerships and joint ventures to ensure that farm
and ranch families are not discriminated against based on how
they structure their operations. Importantly, this does not
excuse any persons or entities that comprise pass-through
entities from the pay limit.
The Committee supports the Acreage Crop Reporting and
Streamlining Initiative (ACRSI) insofar as the initiative makes
reporting more efficient. In this regard, the Committee expects
the Secretary to ensure that ACRSI complements, rather than
attempts to supplant, the critical role of Approved Insurance
Providers (AIP) or agents or any portion of the current
private-public partnership. The Committee expects the Secretary
to ensure that the continued success and integrity of Federal
Crop Insurance remains paramount as ACRSI efforts move forward.
The Committee expects the Secretary to address
inconsistencies across FSA offices in accepting Approved
Insurance Provider-generated maps and urges the Secretary to
ensure that the integration of resource land units (RLUs) into
the common land unit (CLU) database is a priority in
streamlining efforts. The Committee also expects that the
Secretary will require that third-party reporting standards are
the same as the standards applied to other data sources.
Finally, the Committee also urges the Secretary to develop
metrics to illustrate the status of this initiative, such as
data on the benefit to producers.
TITLE II--CONSERVATION
The conservation title authorizes technical and financial
cost-share assistance for farmers, ranchers, foresters, and
landowners to improve conservation through voluntary,
incentive-based practices on private lands. Through these
programs, producers work to restore water quality and quantity,
air quality, wildlife habitat, soil erosion and health, and
regulatory compliance. The programs aim to improve our natural
resources, while continuing to provide a safe, affordable food
supply. Over the past several farm bills, the conservation
title has gained significance while incentivizing substantial
private investment in conservation practices.
The Food Security Act of 1985 authorized several
conservation measures intended to address concerns about the
impact of agricultural production on soil erosion and wetland
loss. The 1996 Farm Bill took the groundbreaking step of
consolidating previously discretionary funded programs into one
new program, the Environmental Quality Incentives Program
(EQIP), funded with mandatory money from the Commodity Credit
Corporation (CCC). EQIP is now one of the most successful and
popular programs among farmers and ranchers.
Budget circumstances for the Farm Security and Rural
Investment Act of 2002 allowed for the expansion of
conservation programs with the addition of $17.5 billion to the
conservation baseline for the life of the bill and the out-year
baseline as well. The Conservation Security Program was also
created.
Despite budget pressures, the Food, Conservation, and
Energy Act of 2008 increased conservation spending by nearly
$4.5 billion during the life of the bill and created new,
targeted conservation programs such as the Chesapeake Bay
Program and the Cooperative Conservation Partnership Initiative
(CCPI). The bill also made significant reforms to and renamed
the Conservation Stewardship Program (CSP). However, the
Wetland Reserve Program (WRP), the Grassland Reserve Program
(GRP), the Small Watershed Rehabilitation Program, and the
Voluntary Public Access and Habitat Incentive Program remained
without adequate baselines given the demand and interest in
these programs.
Recognizing the growing complexity of the conservation
title, the Agricultural Act of 2014 eliminated or combined 23
duplicative and overlapping programs into 13 programs to allow
for streamlined delivery, while also providing an estimated
$6.1 billion in savings below baseline funding. Additionally,
the bill created the Regional Conservation Partnership Program
(RCPP) to address landscape-scale concerns while leveraging
significant private investment.
The Committee recognizes that the programs have been
successful, yet further consolidation can create a better
customer service experience for producers with NRCS and return
a greater conservation impact for the investment. By phasing
out CSP and incorporating the program into EQIP, which will in
turn see funding growth over the life of the farm bill,
producers will be able to address their conservation needs with
greater precision. Furthermore, by eliminating burdensome
requirements, the Committee encourages greater participation
and adoption of practices. The Committee's priority to assist
farmers and ranchers in addressing environmental regulations
and conservation needs has not changed.
Conservation Reserve Program (CRP)
The Committee strongly supports CRP as one of the main
pillars of cost-effective conservation available to farmers and
ranchers. However, through the hearing process, it became clear
that the lower statutory cap of 24 million acres was not
sufficient to enroll many sensitive acres. Furthermore, the
Committee believes that in years of high commodity prices, many
acres capable of production were not available because they
were enrolled in CRP, directly competing with many producers
actively seeking land to farm. The Committee-reported bill
addresses both issues by incrementally raising the statutory
acreage cap to 29 million acres while eliminating incentive
payments and capping rental rates for initial and successive
re-enrollments. These market-based adjustments ensure sensitive
acres have room in the program without competing directly with
producers. The reported bill ensures the availability of the
program across the country by allocating acres for enrollment
during the sign-up period to each state in proportion to the
historic enrollment during the period 2007 through 2016.
The reported bill directs the Secretary to reserve up to
three million acres of CRP for working grassland contracts and
retains the priority for transitioning expiring contracts to
grasslands as an alternative to returning the fields to
cultivation. The bill provides a step up of grassland acres
offered for enrollment in each of the five years and reserves
the unused acres, if any, for grassland enrollment only.
The Committee recognizes the need for grazing flexibility
as a method of management, with great environmental and
economic benefits. The reported bill maintains the authority
for the Secretary to allow use of CRP during natural disasters
without penalty. It further provides greater flexibility for
haying and grazing of the cover throughout the life of the
contract under a Secretary-approved plan. Additionally, grazing
as a mid-contract management activity can be accomplished
without a reduction in the rental payment.
The Committee adjusted the cost-share rate for conservation
practices on the enrolled lands. Further, the Committee limited
the cost-share for seed costs. The Committee intends for the
choices of conservation cover and associated seed mixtures to
be constructed with the producer's input, meet the applicable
conservation practice standard, achieve the program's purposes,
and responsibly invest the Federal contribution.
To ensure beginning farmers have access to land, the
reported bill preserves the Transition Incentives Program (TIP)
and allocates $33 million to facilitate this effort. The bill
also continues the flexibility to work with producers on
expiring contracts to maintain buffers and other high value
practices in the program while providing assistance in
transitioning the field to agriculture production during the
final year of the contract.
Environmental Quality Incentives Program (EQIP)
The Environmental Quality Incentives Program provides cost-
share incentives to producers to meet or avoid the need for
national, State, or local regulation. Under the Committee-
reported bill, funding is significantly increased to $3 billion
per year by 2023 to allow more producers to utilize cost-share
assistance to improve conservation on their operations.
The Committee-reported bill updates the program to include
conservation activities that support precision conservation
management technologies and further defines priority resource
concerns and stewardship practices to encompass all innovative
practices and ensure farmers, ranchers, and foresters have the
flexibility to address their needs. The Committee-reported bill
recognizes the importance of stewardship practices promoted
through the Conservation Stewardship Program in the past.
Stewardship practices, such as cover crops, have a positive
impact on soil health and water quality.
The Committee also recognizes that resource conserving
crops, such as sorghum and alfalfa, when used in a rotation can
yield benefits to soil health, water conservation, and water
quality. Resource conserving crops play a vital role in overall
conservation of resources in a working operation and should be
supported through the consolidated EQIP. The Committee
recognizes that conservation practices have significant value
for farmers and ranchers, but also have significant downstream
benefits in addition to those realized on the farm, ranch, or
forestland by the producer. Incorporating stewardship practices
into EQIP will continue to support ongoing and further adoption
of these important agriculture and forest practices. The
Committee looks forward to working with NRCS to deliver the
program in a way that encourages the adoption of cover crops
and conservation benefiting precision agriculture technologies
on cropland, and practices that promote increased stewardship
of our grazing lands and forest resources.
In clarifying an expanded view of a resource conserving
crop, the Committee offers the following definition: A
``Resource conserving crop rotation'' refers to a crop rotation
that includes at least one resource-conserving crop; reduces
erosion; improves soil fertility and tilth; interrupts pest
cycles; and in applicable areas, reduces depletion of soil
moisture or otherwise reduces the quantity of irrigation
needed. A ``resource conserving crop'' may be: (1) a perennial
grass, legume, or grass/legume grown for use as a forage, seed
for planting, or green manure; (2) a high residue producing
crop; (3) a cover crop following an annual crop; (4) a water
savings crop (including sorghum); or (5) a crop in rotation
that interrupts pest or disease cycles or otherwise conserves
resources.
Bringing forward the best of the CSP into EQIP, stewardship
contracts will be available to producers for not less than five
years but no more than 10 years to receive annual and cost-
share payments for adoption, installation, required management
and maintenance of stewardship practices that attain increased
natural resource stewardship on the applicable portion of the
farm, ranch, or forest as determined by the producer. The
Committee anticipates stewardship practices with broad resource
benefits including, but not limited to, cover crops, transition
to resource conserving crop rotations, and incorporation of
precision agriculture technologies into agriculture operations
will be available to producers within the program. Similarly, a
broad suite of stewardship practices relating to grazing lands
and forest lands will be available to incentivize increased
levels of conservation around locally-established resource
priorities.
Stewardship practice payments to a producer or legal entity
will not exceed $50,000 per fiscal year and the Secretary
cannot use more than 50% of the annual EQIP allocation for
stewardship contracts. Within the combined program, the
Committee intends for the stewardship contracts to be driven by
a locally-led priority setting process that results in adoption
of conservation practices addressing the highest priority
conservation needs across all private land uses within a
particular watershed, or other appropriate region or area
within a State.
The reported bill expands the irrigation water conservation
authorities by making irrigation districts, irrigation
associations, and acequias eligible for contracts and certain
other discretionary authorities granted to the Secretary
ensuring successful adoption of water conserving measures
within a broader project area. The Committee believes NRCS can
use this additional flexibility to work cooperatively with
these associations and directly with landowners to improve
water conservation measures and create new efficiencies where
aquifers are in decline and surface water supplies are limited.
In achieving water conservation benefits, the Committee
understands the complexity of determining water savings and
reduction. Therefore, the Committee urges the Department to use
these authorities to promote adoption of conservation practices
that promote efficient and effective use of irrigation water,
and not focus on net water savings per acre irrigated.
The Committee directs the Secretary to ensure conservation
practice standards reflect the use of integrated irrigation and
nutrient management technologies, such as microirrigation
systems (e.g., drip irrigation). Such technology, in addition
to providing increased water efficiency, can be used to
distribute fertilizers and other nutrients directly to plant
roots, improving soil health, both water quantity and quality,
and reducing nutrient runoff. In the case of EQIP applications
involving irrigation projects, the Committee encourages the
Secretary to consider whether the projects include an
integrative approach to addressing nutrient management and
water efficiency issues.
As in previous farm bills, the Committee-reported bill
retains 5 percent of the funding for practices that provide
wildlife habitat. However, it removes the 60 percent allocation
for livestock. The Committee recognizes the broad
responsibilities of EQIP and the great work that it does in
promoting environmental stewardship among livestock and poultry
farmers around the country. The Committee believes this
decision will remove an administrative tracking burden from
NRCS. Combined with the significant increase in funding and
retaining the locally-led setting of priorities, livestock
producers will continue to have access to the EQIP. In
addition, the annual funding dedicated to wildlife-benefiting
practices will increase as annual funding grows through 2023.
The Committee addressed the concerns heard in hearings
regarding beginning farmers by maintaining set-asides for
beginning farmers and ranchers and socially disadvantaged
producers, while prioritizing veteran farmers. The set-aside
will remain unchanged and producers will continue to be
eligible to have up to 50 percent of upfront project costs
covered in advance.
The Committee also heard concerns from community colleges
and universities who operate farms for teaching and research
purposes. The reported bill acknowledges them as working farms
eligible for Conservation Innovation Grants. It further
establishes clear authority for conservation innovation field
trials through expanded partnerships, incentive payments, and
technical assistance.
Conservation innovation and agriculture technology
development is occurring at an exceptional pace across rural
America. Recognizing the recent growth and opportunity for new
and emerging technologies during the life of this farm bill,
the Committee created a new option within EQIP for on-farm
conservation innovation trials. Up to $25 million in annual
EQIP funding will be used for payments to producers in
adopting, evaluating, and demonstrating new and innovative
conservation approaches. This new effort will provide
flexibilities for scaling, length of contracts, technical
assistance, and reporting of effectiveness and ``lessons
learned'' to be shared with others.
The Committee is aware of concerns within the dairy and
livestock sectors that NRCS does not currently maintain
practice standards that easily incorporate nutrient recovery
technologies. These technologies can help to remove excess
phosphorus and nitrogen from manure, mitigating the
environmental impacts of farming while also providing water
quality benefits beyond the farm gate. The Committee encourages
the Secretary to develop a new practice standard that would
allow for nutrient recovery systems to be directly eligible
under conservation programs.
The Committee recognizes the broad and significant role of
the EQIP program in promoting environmental stewardship. In
addressing water quality as a resource concern, the Committee
believes that conservation programs should prioritize funding
for producers implementing fertilizer management practices that
incorporate the use of the right fertilizer source, the right
rate (amount of fertilizer), the right placement of fertilizer
(including precision application) and the right timing of
fertilizer applications (making the nutrients available when
the crop needs them). These practices are recognized by the
USDA-NRCS 590 Nutrient Management Standard and have been proven
to help producers optimize production potential and protect the
environment.
Additionally, the Committee encourages NRCS to include--in
its outreach and education program--a plan to ensure farmers
understand that conservation funding (EQIP) is available to
assist them with incorporating these fertilizer BMPs into their
nutrient management plans.
The Committee requests USDA evaluate the use and benefits
of innovative technologies such as plant biostimulants and
their role in achieving enhanced conservation benefits. These
tools and other emerging and innovative technologies recognized
by USDA to be beneficial to conservation and agriculture
production should be incorporated into conservation standards
and specifications for nutrient management and related
conservation practices.
Other conservation programs
During the hearing process, stakeholders voiced broad
support for the Watershed and Flood Prevention programs of
USDA. By authorizing mandatory funding, the program can
continue to maintain the integrity of our dams that have been
created under watershed authorities. This essential
infrastructure works to protect life and property while
maintaining the integrity of the landscape. The Committee
intends for the Secretary to develop a process for identifying
priorities and allocating the mandatory funding to address
needs in planning, watershed operations and rehabilitation.
The reported bill extends the authority to appropriate
funds for the Conservation of Private Grazing Lands, and
provides mandatory funding for the Grassroots Source Water
Protection Program and the Voluntary Public Access Program.
These program authorities are extended through 2023 without
modification of the underlying authority.
The reported bill authorizes the creation of a pilot
project to eradicate destructive and invasive feral swine. NRCS
and APHIS will coordinate with State Technical Committees to
identify and prioritize pilot projects and provide producers
with financial and technical assistance to control the
populations, including traps. The pilot will be funded at $100
million. The Committee looks forward to working with the
Secretary to initiate pilot project activities within each
state having issues with expanding feral swine populations to
demonstrate techniques at a geographic scale where producers,
State and local governments, and Federal land stewards can work
cooperatively to substantially impact the swine population.
During the Committee markup, the bill was amended to
include provisions that provide flexibilities to the Emergency
Conservation Program for payments to producers repairing or
replacing fences due to wildfires and flood events. The
Committee is aware of varied policies and procedures across the
states in establishing documentation requirements and payment
rates. This situation creates uncertainty with producers
regarding the final financial assistance payments they will
receive during a time they are working to overcome adversity
and reestablish their operations impacted by natural disasters.
The reported bill also codifies cost-share requirements from
current Federal regulations and expands the enhanced cost-share
for limited resource producers to include beginning and
socially disadvantaged producers.
The reported bill continues the consolidation of
conservation programs started under the 2014 Farm Bill by
repealing Terminal Lakes Assistance established in Section 2507
of the Farm Security and Rural Investment Act of 2002, and the
Conservation Security Program in Chapter 2, Subchapter A of
Title XII of the Food Security Act of 1985.
Funding and administration
The Funding and Administration subtitle allocates funds to
programs in the conservation title and further streamlines
delivery. It improves customer service and participation by
removing barriers to participation. The Committee recognizes
the need to continue to support beginning farmers and ranchers.
As such, the reported bill requires that 5 percent of funds in
EQIP be directed to beginning farmers, and an additional 5
percent directed to socially disadvantaged farmers. The
regional equity language is removed with the expectation the
Secretary will use the funding provided within the bill to
address locally-driven conservation needs in each State. This
section is further amended to update annual reporting
requirements to Congress to conform to the changes made by the
reported bill.
Delivery of technical assistance
The Committee recognizes the expanding third-party service
sector assisting in conservation technical assistance needs
that are unmet by the limited USDA staff available, and the
current technical service provider registration maintained by
USDA. While the Committee maintains and supports the provision
of conservation technical assistance through USDA, we believe
there are opportunities for the private-sector to engage and
augment this assistance, especially within some of the highly
specialized operation-specific components of some agriculture
operations. The bill clarifies the role of third-party
providers and expands options for the Secretary to create
alternate certification methods in improving access of
agriculture producers for technical support.
The Committee is aware of the increased pressure being
placed on agricultural landscapes to deliver clean and abundant
drinking water for our communities. The locally driven,
voluntary, incentive-based conservation programs encompassed in
the farm bill will play no small role in meeting this need.
While these programs accrue wide ranging and far reaching
benefits across America, we believe targeting a portion of
these resources to source water protection measures is prudent
for agriculture and our communities. The Committee looks
forward to working with the Secretary to identify targeted
water-supplying watersheds and effective conservation measures
that could produce tangible benefits to water quality and
watershed health under this new provision.
The Committee encourages NRCS to continue to work with the
United States Forest Service and State forestry agencies to
streamline and align forest management plan requirements in
non-industrial private forestry assistance programs
administered by each of these agencies. The Committee
recognizes the unique interests each agency brings to forest
management planning and encourages the natural resource
conservation component of NRCS technical assistance be
complimentary to the interagency forest planning effort.
The Committee retains Section 1244(h) of the Food Security
Act of 1985, ``Encouragement of Pollinator Habitat Development
and Protection'' without changes. The Committee continues to
recognize the economic interest of agriculture producers and
American consumers in ensuring a healthy, sustainable
population of native and managed pollinators, including managed
honey bees. The Committee remains concerned about the decline
in the health and viability of managed honey bees due in part
to a loss of appropriate habitat. To enhance ongoing efforts of
increasing pollinator habitat on conservation lands, the
Committee draws the Department's attention to this existing
provision and emphasizes our expectation that all the programs
under the Conservation Title provide support and encourage
producers to develop, maintain, and protect pollinator habitat.
Establishment of State technical committees
This bill amends section 1261 of the Food Security Act of
1985 to include a representative from a State's land-grant
college or university as a member of the State Technical
Committee. Although there are commonalities among the States,
many issues pertaining to soil and water conservation research
are peculiar and unique to a State. The peculiarities and
uniqueness are further highlighted and exacerbated on a
regional level. State land-grant colleges and universities
conduct soil and water conservation research that is important
to consider in implementing conservation programs. In fact,
much concern has been expressed regarding inappropriate soil
classifications and seed mixtures used in implementing
conservation programs in a State which were inappropriate for
the region. Including a representative from each State's land-
grant college or university will ensure that the most up to
date information is utilized in implementing conservation
programs.
Agricultural Conservation Easement Program (ACEP)
The Committee-reported bill maintains the consolidation of
all easement programs in the Agriculture Conservation Easement
Program (ACEP) which performs the functions of conserving
agricultural lands through the Agriculture Land Easements (ALE)
and wetlands through the Wetland Reserve Easements (WRE). The
Committee continues to support the efforts of NRCS to preserve
lands for production and conservation into perpetuity,
preserving the significant environmental benefits lost when
land is converted for development. As such, the Committee-
reported bill restores mandatory funding levels and makes
significant steps to streamline the application process.
Specifically, the Committee-reported bill clarifies that
ALE-enrolled easements may be used for nonagricultural purposes
so long as they do not compromise the environmental benefits.
It clarifies the Secretary's right of enforcement in the case
of fraud or negligence, but does not authorize the Secretary
the right of inspection unless the ALE partner fails to enforce
the easement. The Committee-reported bill eliminates the burden
of a conservation plan for ALE easements, but allows the
Secretary to implement a plan on highly erodible land. The bill
amends the language associated with the funding sources an
eligible entity may use to meet the non-Federal share of the
agricultural land easement purchase.
The Committee recognizes the partnership between NRCS and
accredited land trusts in implementing ACEP. Section 2503 of
the Committee-reported bill creates an equivalency to expedite
certification of respected land trusts that have been
accredited by the Land Trust Accreditation Commission, and has
completed at least five acquisitions of easements under the
program to be considered certified for the purposes of the
program. Furthermore, the reported bill directs the Secretary
to account for geographical differences to maximize on-the-
ground benefits.
The reported bill waives the adjusted gross income
limitation for landowners participating in easement programs.
Regional Conservation Partnership Program (RCPP)
The Committee continues to believe that a targeted approach
to conservation is the most effective way to address various
resource concerns on a local landscape-scale. Targeted
conservation initiatives can help producers alleviate the
burden of regulations, but also preempt the need by tailoring a
locally-led, voluntary solution. Through the hearing process,
stakeholders voiced broad support for RCPP and how it is
currently working to address resource concerns on a locally-led
landscape scale.
The reported bill takes forward-reaching steps in adding
both CRP and the Watershed Protection and Flood Prevention
Program to the list of covered programs. Water quality work in
watersheds serving as source water for drinking is added as an
eligible activity. The Committee addresses opportunities for
renewing successful projects and extending projects beyond five
years when the objectives of the program will be better served.
Furthermore, the reported bill creates an expectation that the
Secretary will streamline the application process and provide
greater clarity to eligible partners and producers on
quantifying and reporting outcomes from the implemented
project. Finally, the program will receive a fixed annual
allocation of funds alleviating the complexity associated with
using funds appropriated to other programs.
Repeals and transitional provisions; technical amendments
The Committee-reported bill updated the statute to repeal
several programs such as the Conservation Security Program and
the Terminal Lakes Assistance Program. Further, the
Conservation Stewardship Program is prohibited from enrolling
any new contracts or renewing contracts. However, it shall have
no effect on existing contracts. The Committee remains
committed to the conservation work that the NRCS had
accomplished with producers through CSP and has incorporated
the essential authorities into EQIP to carry out the mission.
The sense of the Committee regarding other conservation efforts
The Rural Conservation Corps have a long history of
supporting voluntary conservation through partnering with
Federal agencies to develop and implement critical public lands
conservation service projects. Corps are authorized to
accomplish this work with USDA and the Department of the
Interior (DOI) through the Public Lands Corps Act of 1993.
These agriculture partnerships have seen successful because of
the capacity. There is a value to the partnerships between
Service and Conservation Corps, Conservation Districts, and
NRCS to meet locally-driven conservation goals, provide farmer
and rancher outreach and technical assistance, complete
conservation projects, and develop the next generation of local
agriculture and conservation leaders.
The Committee recognizes the importance of maintaining and
managing non-industrial private forest cover as a watershed
management tool, assuring dependable and clean supplies of
water to communities, farmers, ranchers, and downstream
industries. The Committee is especially concerned with the
risks that unmanaged forests pose to water supplies, especially
in areas of high wildfire risk, as well as the impacts of
forest conversion to developed uses on sedimentation and flow
management. The Committee encourages the Secretary to utilize
the program flexibilities and policies within the title to
encourage public- and private-sector forested watershed
partnerships. The authorities provided for the State Technical
Committees should be used to coordinate Federal and private-
sector funding and cost-share efforts that can provide private
forest landowners resources to implement management actions
that protect downstream water quality, address water supply,
and flood protection.
The Committee also encourages NRCS to establish at least
one pilot to experiment with streamlined private-sector co-
investing with NRCS in watershed restoration. The Committee
urges NRCS to explore mechanisms that allow the NRCS and
private-sector funds to be combined in a watershed restoration
fund that makes payments for forest management and restoration
activities on private lands to maintain or improve forested
watersheds. Such a fund shall ensure that private landowners
are the recipient of the benefits and maintain existing NRCS
program eligibility requirements for private landowners.
The Committee included specific language in the
Agricultural Conservation Easement Program protecting the
access of landowners to ecosystem service markets. The
Committee intends for the Secretary to continue the
Department's existing policy of not claiming any ownership
rights over ecosystem services credits generated through
participation in USDA conservation programs. The Department is
also urged to help communicate to State and local governments
about the opportunity to increase the utilization of dairy
manure management and other agriculture conservation
technologies by combining USDA funding with ecosystem services
credits accounting for the full cost of installing and
maintaining a project.
TITLE III--TRADE
Trade promotion
The Committee recognizes the immense importance of trade to
the agriculture industry, with U.S. agricultural exports
estimated at $140 billion per year and trade accounting for one
in every five dollars of agricultural production value for
American producers.
The Committee also notes that while the U.S. is now among
the lowest-ranked nations in the Organization for Economic
Cooperation and Development (OECD) in terms of support provided
to producers, other countries like China are doing the
opposite. According to the Office of the United States Trade
Representative, in 2015 for three commodities (corn, rice, and
wheat), China illegally exceeded permitted spending levels by
more than $100 billion--in one year alone. Furthermore, the
Committee understands that our trading partners have been
substantially increasing publicly-funded support for export
promotion in recent years; for example, the EU spends more
promoting wine than the U.S. spends promoting all crops
combined.
The Committee has heard from every segment of the
agricultural industry about the importance of maintaining
support for trade promotion and market development programs,
especially considering the uncertainty of the current trade
climate. While the Committee is confident that America's
farmers and ranchers are incredibly efficient and can compete
with anyone in the world on a level playing field, they simply
cannot be expected to compete with foreign treasuries on their
own.
In an effort to keep American agriculture competitive on
the global stage, the Committee-reported bill streamlines
existing authorities for the Market Access Program (MAP), the
Foreign Market Development (FMD) Program, the Technical
Assistance for Specialty Crops (TASC) Program, and the Emerging
Markets Program (EMP) under one International Market
Development Program, restoring funding for FMD and TASC, and
establishing overall funding at $255 million per year, moving
forward.
The Committee intends this streamlining effort to
complement the recent reorganization within USDA by ensuring
the newly established Under Secretary for Trade and Foreign
Agriculture Affairs has the tools necessary to continue tearing
down barriers to trade and opening up new markets to U.S.
agricultural products.
The Committee wholeheartedly endorses both MAP and FMD as
valuable tools in advancing our international trade interests
with proven results and substantial net returns. The Committee
encourages the agricultural industry to continue utilizing
these programs in the most efficient manner possible, and urges
MAP and FMD cooperators to leverage data and analytics to even
more effectively target promotional efforts for U.S. products
abroad.
The Committee also encourages the agricultural industry to
take full advantage of TASC and EMP as the Committee is
concerned that these programs have been undersubscribed in
recent years. However, if these programs continue to be
underutilized, the Committee intends to ensure the Secretary
has the flexibility to use remaining funds to supplement the
popular and often oversubscribed MAP and FMD programs.
Finally, in recognition of the increasing workload facing
attorneys focusing on international trade agreements and
disputes within USDA's Office of General Counsel, the Committee
encourages the Secretary to maintain a minimum of four
attorneys within such office dedicated specifically to these
efforts.
International food aid and food security
For more than 60 years, the United States has played a
leading role in global efforts to alleviate hunger and
malnutrition through international food assistance--primarily
through the donation or sale of U.S. agricultural commodities.
Through an extensive review of U.S. international food aid and
development programs, the Committee heard from the
administering agencies, program implementers, producers,
millers, manufactures, and the maritime industry regarding
their role in not only providing the tools necessary to respond
to emergency feeding and development needs worldwide, but also
their contribution to U.S. jobs in the agricultural,
manufacturing, and maritime sectors. The stakeholders also made
very clear, and the Committee acknowledges, the importance of
maintaining broad domestic support for these programs, moving
forward. In response, the Committee-reported bill modernizes
and reauthorizes international food aid programs to reduce
hunger while still recognizing the American farmer's critical
and historic role in providing an affordable, safe, and
reliable source of nutritious agricultural commodities that are
delivered to millions in need around the globe through the help
of the U.S maritime industry and private voluntary
organizations.
As such, the Committee notes the variety of tools necessary
to address hunger around the globe, whether through the
provision of cash and vouchers, locally and regionally-procured
foods, or U.S.-grown commodities. The Committee, however, also
notes the increased flexibility provided in the 2014 Farm Bill,
which coupled with existing flexibility in other food
assistance programs, results in over 50 percent of food
assistance being provided in modalities other than agricultural
commodities. The Committee views this unprecedented level of
flexibility as an adequate means of appropriately responding to
the diversity of existing and forecasted needs and expects
USAID to adhere to the intent of the program in its
implementation and selection of food aid modalities.
Food for peace
Labeling requirements
Despite providing the lion's share of international food
assistance, the Committee is concerned that U.S. contributions
may sometimes be underrepresented on related materials
including benefit cards and vouchers. The Committee believes
review of current printed material labeling practices is
warranted, and intends that the level of U.S. assistance be
made abundantly clear to reflect the proportional generosity of
the American people.
Local sale and barter of commodities
The Committee supports monetization, which is the resale of
U.S. commodities in recipient countries to generate development
funding. However, the Committee also acknowledges implementing
agency challenges regarding monetization and no longer requires
a 15 percent minimum for monetization within Food for Peace.
The Committee still directs the continued use of this practice
wherever market conditions dictate, as deemed appropriate by
implementers and local entities.
Minimum levels of assistance
The Committee reauthorizes the required minimum commodity
levels at not less than 2,500,000 metric tons for emergency
assistance and not less than 1,875,000 metric tons for non-
emergency assistance as previously outlined in law. While the
Committee acknowledges these minimums are often not met for a
variety of reasons, the Committee encourages the Administrator
to closely review all opportunities in which commodities can be
used effectively to carry out the purposes of the Food for
Peace Act.
Funding for program oversight, monitoring, and evaluation
In response to an agency request that funding for program
oversight, monitoring, and evaluation fluctuate with
appropriated funding levels, the Committee replaced the static
$17,000,000 set-aside for program oversight, monitoring, and
evaluation with the authority for 1.5 percent of program
appropriations to be used on such activities. The Committee
acknowledges the importance of oversight, monitoring, and
evaluation to overall program integrity and intends for this
programmatic change to reflect that priority.
The Committee has been disappointed in the extent to which
USAID has utilized the Famine Early Warning Systems Network
(FEWS NET) to provide advance information regarding drought in
areas where livestock production is a critical source of food
and income. Livestock production has long-term cycles, and the
Committee expects--to every extent possible--information on
droughts predicted by FEWS NET should be translated into
action, program investment, and interventions to mitigate
avoidable negative outcomes including the loss of entire
breeding herds due to a lack of forage or water.
Assistance for stockpiling and rapid transportation, delivery, and
distribution of shelf-stable prepackaged foods
The Committee expresses wholehearted support for American
producers of Ready-to-Use Therapeutic Foods (RUTF) that create
domestic jobs, utilize U.S. commodity inputs, and save millions
of lives by providing fortified, nutrient-dense products to
vulnerable populations around the world suffering from severe
acute malnutrition. The statutory reference to this subset of
food aid providers has been updated to the International Food
Relief Partnership to reflect industry terminology. The World
Bank estimates malnutrition can reduce a country's GDP by as
much as 10 percent, and the Committee recognizes the importance
of higher GDPs across the globe contributing to not only better
lives for those in-country, but also stronger markets for
American agricultural products. The Committee commends the
innovation of the International Food Relief Partnership that
contributes to the U.S. economy and national security.
Consideration of impact of provision of agricultural commodities and
financial assistance on local farmers and economy
At the Committee's request, the U.S. Government
Accountability Office (GAO) completed a report on USAID and
USDA's use of required market impact analysis, known as Bellmon
determinations, before signing assistance agreements. The
Bellmon process is designed to ensure U.S. food assistance does
not negatively impact recipient agricultural markets. GAO found
the involved agencies do not consistently complete these
determinations before distributing aid. The Committee expects
USAID and USDA to complete Bellmon determinations in a timely
manner to appropriately use American resources and best serve
recipients. Further, given the range of flexibility in the
delivery of food assistance, the Committee emphasizes the
importance of assessing the potential impacts of all modalities
of food assistance.
Prepositioning of agricultural commodities
The Committee notes that the use of prepositioning has been
proven to reduce the average delivery timeframe for emergency
food aid. In fact, GAO estimates that on average, compared with
USAID's standard shipping process, the use of prepositioned
food aid reduces delivery time by one to two months. The
Committee recognizes prepositioning of American commodities as
a valuable tool in the fight against global hunger and
encourages an increase in the use of prepositioning to ensure
vulnerable populations receive the life-saving nourishment
needed in a timelier manner.
Annual report regarding food aid programs and activities
The Committee notes the annual report on food aid programs
and activities has consistently been submitted after the
statutory deadline. USAID and USDA should cooperate to ensure
annual reporting of food assistance is provided in a timely and
transparent manner to inform lawmakers about recent activities
and support important policy decisions. If the report will not
be submitted by the deadline, the Administrator and the
Secretary must notify the Committee with pertinent information
including why the delay has occurred and when the report will
be provided. The Committee further affirms that data included
in the report can and should be made available to the public,
as appropriate, as the data becomes available, even if that is
prior to the full report being finalized. Finally, the
Committee expects USAID to provide a more comprehensive and
detailed explanation of the uses of funds set aside to carry
out 202(e) of the Act as well as those used for internal
transportation, storage, and handling purposes. The Committee
cannot and will not support sweeping changes to such provisions
without a better understanding of how such funds are currently
being utilized and any legal obstacles within the current
framework.
Minimum level of nonemergency food assistance
The Committee emphasizes the ongoing importance of
nonemergency development assistance, and seeks to make clear
the authority of the Administrator to count Community
Development Funds (CDF) toward the ``safebox'' minimum. Such a
change, however, should not be interpreted as a departure from
ardent support of development activities, or an intent to
reduce aggregate funding dedicated to such purpose.
Nonemergency development assistance complements capacity
building to strengthen resiliency and transition countries from
food aid recipients to trading partners. The Committee strongly
believes promoting agricultural development, especially in
Africa and other rapidly developing growth markets, is in our
national interest.
John Ogonowski and Doug Bereuter Farmer-to-Farmer Program
The Farmer-to-Farmer Program was designed to leverage the
expertise of volunteers from U.S. farms, universities, and
other agricultural entities to assist host-country farmers in
specific, short-term projects that are technical in nature. The
Committee contends the best use of program resources is on
technical projects, and recognizes the importance of
strengthened communication and project coordination to ensure
volunteer areas of expertise are of direct benefit to host
country needs. Additionally, the Committee-reported bill calls
for sequenced assignments to build longer-term continuity and
increase capacity building within the program. The Committee
commends Farmer-to-Farmer for utilization of retired
agricultural extension personnel within the program, and hopes
to see increased participation from this knowledgeable pool of
potential volunteers.
Good governance and social accountability
The Committee recommends that good governance and social
accountability approaches be included in all development food
security activities carried out under Food for Peace. These
approaches empower citizens to improve their own food security
by holding governments and institutions accountable, and by
ensuring they are transparent and responsive to community
needs. The Committee is encouraged by evidence demonstrating
that social accountability programs improve service delivery
and overall project outcomes, which can accelerate the
graduation of Food for Peace program participants successfully
off the program and promote the transition of programs toward
full country ownership.
Local and regional food aid procurement projects
The Local and Regional Food Aid Procurement (LRP) Program
complements in-kind programs, especially the McGovern-Dole
International Food for Education and Child Nutrition Program
(McGovern-Dole Program), which supports school feeding projects
around the world. Authorized within the 2014 Farm Bill after a
successful pilot program, LRP allows USDA to assist local
farmers and communities in building the capacity to produce
food used in local schools with an emphasis on meeting quality
standards and product specifications, ensuring food safety and
nutritional content within each project. USDA works with
recipients to address market sensitivities in local and
regional purchases. The Committee supports continued and
enhanced use of this program to complement in-kind food aid
programming and to appropriately serve recipients, including
children benefitting from the McGovern-Dole Program.
Bill Emerson Humanitarian Trust
The Bill Emerson Humanitarian Trust (BEHT) was created as a
reserve under the Secretary's authority for the use of
commodities in times of emergency. The Committee reaffirms the
2008 change that transitioned the trust from a reserve of
actual commodities to a reserve fund to be used for the
purchase of commodities to provide aid when unforeseen food
needs arise. As the United States seeks to assist those
suffering as a result of recent famine and natural disaster,
over $281 million currently sits available within the BEHT. The
Committee believes the time has come to access this vital
reserve, and hopes the Secretary and the Administrator will
seriously consider using these funds to provide commodities in
areas impacted by the current famines.
Food for Progress
The Committee affirms the importance and effectiveness of
Food for Progress in delivering non-emergency development
assistance, serving many of those most in need around the
world. It is also an appropriate avenue, among currently
approved uses of the program, to address the need to increase
productivity via improved access to agricultural inputs for
smallholder farms, particularly in Africa. While corn yields
for farmers in Africa average around 30 bushels per acre, U.S.
corn yields are over 175 bushels per acre. For many farmers in
developing countries, these types of yield gaps could be
dramatically reduced by having local access to seeds,
fertilizer, and other basic production inputs and services.
Those inputs and services can often be delivered via public-
private partnerships to establish commercial value chain
systems that serve communities and improve food security well
beyond the involvement of Food for Progress.
McGovern-Dole International Food for Education and Child Nutrition
Program
U.S.-sponsored school feeding projects continue to reduce
hunger in children around the world. The Committee notes the
McGovern-Dole International Food for Education and Child
Nutrition Program's critical nature and seeks to ensure the
program's primary focus remains on providing food. Such a focus
more appropriately aligns with USDA expertise and allows other
agencies, organizations, and funding sources to be used on
complementary services.
The Committee-reported bill directs USDA to ensure when
possible that deliveries of agricultural commodities within the
McGovern-Dole Program correspond with recipient school term
start dates. Similarly, subsequent deliveries should take
academic calendars into account to provide agricultural
commodities appropriately throughout the term. This
prioritization will foster program effectiveness and further
incentivize students to consistently attend school.
Additionally within the program, the Committee recognizes
the importance of local engagement for the sustainability of
school feeding programs beyond the U.S.'s involvement. The
program is most successful when the government of the recipient
country is engaged and supports school feeding as a national
requirement, or is at a minimum transitioning in that
direction. The Committee urges the Secretary to require
eligible organizations to indicate agreement in grant proposals
between the government and the implementing partner regarding
transition plans and timelines, including milestones for the
program's successful transition to local institutions, to
facilitate greater progress toward the graduation requirement,
and build successful transitions to nationally funded and
operated school feeding programs.
International technical assistance
The Committee encourages the Secretary to compile and make
publicly available information from appropriate mission areas
including the Food, Nutrition, and Consumer Services (FNCS)
related to international food security. Additionally, the
Secretary should provide technical assistance to entities
seeking food insecurity expertise related to international
program development as long as the technical assistance does
not place undue cost or burden on the Department.
Cochran and Borlaug fellowship programs
Within both the Borlaug International Agricultural Science
and Technology Fellowship program and Cochran Fellowship
Program, the Committee encourages the Secretary to leverage the
impact of the program by connecting newly-trained fellows with
one another and with U.S. government-sponsored agricultural
development and research projects in their home countries.
Further, maintenance of a fellowship network would boost U.S.
development efforts and strengthen foreign agricultural self-
sufficiency.
Additionally, within the Borlaug and Cochran Fellowships,
the Committee notes the intangible benefit of increased
connection to, and appreciation for, the United States; along
with technical education. As the Secretary seeks added
efficiency and cost-effective programming, the Committee
acknowledges that in-country training may sometimes be
appropriate as opposed to training within the United States.
The Committee seeks to maintain programmatic intent, but wants
to allow flexibility where it may be helpful.
The Committee recognizes Norman Borlaug as one of the most
influential agricultural leaders in world history. The Borlaug
Fellowship pays tribute to his legacy through critical food
security training and research across the globe. Although the
Committee creates a new provision within the Borlaug
Fellowship, in no case should the newly included programming
detract in purpose or appropriations from the existing
fellowship program.
The new provision within the Borlaug Fellowship allows the
Secretary to offer fellowships to U.S. citizens with relevant
education in agricultural extension and training to be placed
in eligible countries. The Committee recognizes that youth
engagement is critical for agricultural development. The
Committee believes this provision will provide valuable
opportunities to young agriculturalists in eligible countries--
a growing and critical population with a need for increased
access to agricultural knowledge and skills in order to enhance
food security in their respective countries. Participation in
such a fellowship will also provide valuable work experience
for emerging American agricultural leaders.
Global Crop Diversity Trust
The Committee affirms the importance of the Global Crop
Diversity Trust for ensuring the conservation and availability
of crop diversity for food security worldwide. The Committee
makes a statutory adjustment to the aggregate percentage of
allowable support based on concerns that the release of funds
to the Trust is impacted by the form of international
contributions to the Trust, which can include amounts outside
of the endowment, including concessional loans and operational
support. In recent years, the Committee notes the full amount
appropriated to USAID has not been released to this program
because of claims the U.S. is at or near the statutory 25-
percent threshold for contribution, but in fact, when donations
into other categories of funding for the Global Crop Diversity
Trust are included, the U.S. is far from reaching the maximum
threshold. However, this change should not reduce any program
funding, including appropriations made available to the
Consultative Group on International Agricultural Research
(CGIAR) and Feed the Future Innovation Labs.
TITLE IV--NUTRITION
Supplemental Nutrition Assistance Program
The Supplemental Nutrition Assistance Program (SNAP)
currently offers nutrition assistance to 42 million
individuals, providing an average benefit of $254 per
household. Total SNAP-related funding in FY 2017 was $68
million, which includes benefits, administration, nutrition
education, employment and training, and program integrity.
Total benefits provided to households in FY 2017 summed to
$63.7 million.
In the 114th Congress, the Committee on Agriculture
embarked upon a comprehensive review and hearing series of SNAP
entitled, Past, Present, and Future of SNAP. The hearing series
included 21 hearings and the testimony of 81 witnesses--the
latter including experts, program administrators, front-line
operators, and most importantly, SNAP recipients. The Committee
notes that throughout this hearing series, Members--regardless
of party affiliation--engaged on the importance of work, the
necessity for increased funding to support those who are work-
capable, and the necessity to address administrative
challenges. The review provided the evidence necessary for the
meaningful reforms included in the Agriculture and Nutrition
Act of 2018--reforms to a program which continues to help the
most vulnerable Americans during their time of need while
assisting those able to move toward sustainable employment and
self-sufficiency.
The SNAP reforms included in H.R. 2 are a critical part of
the Committee's ongoing responsibility to oversee and improve
the nation's foremost nutrition program. The Committee
modernizes program delivery, closes program loopholes, improves
program integrity, invests in employment and training programs,
incentivizes healthy purchases, and enhances nutrition
education programs.
Modernize and enforce asset tests and general program administration,
streamline State options, reform quality control metrics, and
hold States and retailers accountable to combatting fraud,
waste, and abuse.
The Committee establishes the Duplicative Enrollment
Database (DED), an interstate database system for States to
utilize when making eligibility determinations to ensure
households are not receiving SNAP benefits in multiple States.
The DED is based on the National Accuracy Clearinghouse (NAC)
pilot project that tested the detection and prevention of
duplicate participation by beneficiaries of SNAP. The NAC was
piloted in five southeastern States with much success, saving
$5.6 million in just one year. The Committee encourages the
Department and States to build on the success of the NAC pilot,
and to act expeditiously in implementing the DED. Further, the
Committee highlights its concern that there is no complete or
comprehensive data on SNAP recipients or program success. The
Committee holds that if there is no evaluation of participant
tenure on the program, there can be no measure of program
success. To rectify this lack of data necessary to measure and
improve program design and effectiveness, the bill also
requires States to capture data on SNAP participants in their
State and submit reports to the Secretary.
The passage of the Personal Responsibility and Work
Opportunity and Reconciliation Act of 1996 afforded States the
opportunity to use categorical--automatic--eligibility to
confer SNAP eligibility to households receiving benefits from
other low-income assistance programs, i.e., Temporary
Assistance for Needy Families (TANF). As of 2018, 42 States use
broad-based categorical eligibility (BBCE) to waive asset
tests; and 31 of those 42 States use it to simultaneously raise
the gross income limits of SNAP eligibility parameters by
permitting households to use the asset and gross income test of
the alternate assistance program, thereby conferring
eligibility to those households receiving TANF-funded brochures
or hotline numbers. The Committee limits categorical
eligibility to households that are determined eligible for cash
assistance, or ongoing and substantial assistance, or services
(e.g., child care, transit, and counseling) for programs that
are income-tested at 130% FPL (200% FPL for households with
elderly or disabled individuals). The Committee notes that this
provision also takes into consideration the testimony heard in
the aforementioned hearing series, and Members' requests for a
more standardized approach to categorical eligibility. It is
estimated that less than one percent of SNAP recipients would
be impacted by this change, but is also important to note that
the regular channels of SNAP eligibility remain available.
The Committee recognizes that most asset tests have not
been updated since the 1970s and sees the need for updated
asset tests in coordination with the improvements in
categorical eligibility. Accordingly, the bill modernizes asset
testing for SNAP households. Overall asset limits for
households increase from $2,250 to $7,000 (indexed annually for
inflation), and for households with an elderly or disabled
member it increases from $3,500 to $12,000 (indexed annually
for inflation). The bill also allows SNAP participants to
maintain up to $2,000 (indexed annually for inflation) in
savings accounts that do not count toward a household's assets
for eligibility determinations. SNAP households that attempt to
save and prepare for life's uncertainties will no longer be
penalized for doing so, and allowing for additional funds in
savings means a household is more likely to gain the strong
footing it needs to ultimately move up and off the program.
Additionally, the bill excludes the first $12,000 in value
(indexed annually for inflation) of one vehicle per licensed
driver in a SNAP household. The Committee recognizes the need
for access to reliable transportation, particularly in rural
areas, to get to and from work, school, and the grocery store.
The Committee believes all households nationwide need this sort
of access; as a result, the bill eliminates the option to use
TANF vehicle rules. The modernization of asset limits is good,
sensible policy.
The Committee eliminates a loophole in SNAP eligibility and
benefit determinations related to Standard Utility Allowances
for heating and cooling costs (HCSUA). Currently, many States
automatically grant an HCSUA to households without heating and
cooling expenses, and this HCSUA is then used in the
calculation of household benefits. The practice falsely
inflates household benefits. This is most often done via States
providing nominal heating and cooling cost assistance of just
over $20 to households through Low-Income Home Energy
Assistance Program (LIHEAP) payments. The Committee notes that
the changes in this bill do not change the basis of the normal
pathway of qualifying for the HCSUA--incurring a heating or
cooling expense. Further, the change is not applicable to
households with an elderly member, and those households
continue to be eligible for the HCSUA if they receive heating
and cooling assistance of more than $20. The Committee also
notes the ability of States to decide how they will verify a
household has incurred utility costs and expects that States
may make adjustments in those requirements for additional
vulnerable households.
Benefits for the Supplemental Nutrition Assistance Program
are based on USDA calculations of the cost of food. However,
SNAP benefits can become out-of-date based on inconsistent
review of the Thrifty Food Plan (TFP). The Committee requires
that the TFP be re-evaluated every five years to ensure it
reflects current eating habits of Americans, including patterns
of food preparation, and the items most often purchased by
consumers.
The Committee notes two significant issues related to child
support, and the Agriculture and Nutrition Act of 2018 takes
important steps to address both. States have the option to
treat legally obligated child support payments as an income
exclusion rather than a deduction, impacting SNAP benefit
determinations. Additionally, States do not enforce child
support orders, thus discouraging parents to be the first
avenue of support for their children. The Committee directs
that child support payments made to non-household members be
treated as an exclusion from income (rather than a deduction),
encouraging child support payments by excluding the amount paid
from the payer's gross income. Additionally, the Committee
requires child support cooperation for both custodial and non-
custodial parents, given that parents should be the first
avenue of support before government intervention. The Committee
also notes that the elimination of SNAP disqualification for
parents who pay child support, but who may be behind schedule,
is an incentive for those parents to continue to make payments,
rather than stop making payments entirely.
In the SNAP hearing series, the Committee learned that
there are some active-duty military personnel who require SNAP
to provide for their families. While the rate of military pay
is well beyond the jurisdiction of the Committee, and is a much
more critical determinant of a household's wellbeing and
financial and food security than any SNAP eligibility rule, the
Committee takes an important step toward addressing concerns
about active-duty military households. The Committee provides
that up to $500 in a household's Basic Allowance for Housing
(BAH) should not be included in the calculation of household
income. This level of exclusion guarantees that those
households which are truly most vulnerable and most likely to
be food-insecure can be eligible for SNAP. In doing so, the
Committee also protects against potential double-counting by
ensuring that only actual housing expenses that exceed the
amount of the BAH are to be used in the calculation of the
excess shelter deduction.
The Committee has significant concerns regarding companies
associated with the handling of Electronic Benefit Transfer
(EBT) transactions who have predatory contracts between EBT
processors. In response, the Committee disallows the charging
of fees for switching or routing SNAP benefits. EBT systems
successfully handle eight million transactions per day, nearly
three billion per year. The establishment of a National Gateway
provides USDA with necessary oversight over the flow of EBT
transactions, helping to control costs and allowing USDA to
develop additional tools to ensure the integrity of SNAP and
its related transactions is upheld. The National Gateway also
assists in controlling access to individuals' payment
information, and enables the discussion of new payment
technologies. The provision regarding the prohibition of fees
as noted previously is also maintained.
The Committee is dissatisfied by the rate of implementation
of the pilot established in the Agricultural Act of 2014 for
the online delivery of benefits. Online entities have the
potential to significantly improve access, including access to
perishable items, for food-insecure households, and
particularly those not located in close proximity to a retail
food store. The Committee believes online delivery will assist
in improving food access in food deserts in both rural and
urban America. The Committee encourages the Food and Nutrition
Service (FNS) to implement and evaluate the pilot
expeditiously, and directs that upon the completion of the
online delivery pilot, the Secretary shall approve the
acceptance of benefits through online transactions nationwide.
The Federal Government has a responsibility to evaluate
SNAP for both program improvement and program integrity. To do
so, USDA needs sufficient access, in accordance with agreements
with States, to State systems and records. In particular, this
allows for more transparency and a greater ability to detect
and reduce fraud. The Committee authorizes USDA access to
records and information systems in order to better manage the
program.
The Committee believes that to improve SNAP program design,
it is important to have a clearer picture of items being
purchased with SNAP funds. The Committee recognizes there is
not a current system in place for collection of real-time,
purchase-level data from SNAP-authorized retailers. As such,
the Committee expects the Secretary to work with SNAP
authorized retailers and their trade associations to devise an
efficient way to share information about purchases made
utilizing SNAP as a form of payment, giving consideration to
the diversity of customers and purchases, geographic location,
time of year, and day of the month. The Committee further
recognizes that the Secretary's solution may include the use of
information from syndicated data providers. The Secretary is
encouraged to work with SNAP-authorized retailers who are able
to efficiently share this information, recognizing that many
SNAP-authorized retailers may face challenges such as
technological constraints. The Committee recognizes the
importance of guarding the information of SNAP recipients and
SNAP-authorized retailers and provides strong protections for
the privacy of both.
SNAP is often lauded as having a low error rate, ignoring
the fact that any underpayment or overpayment error under $37
is ignored. The reported error rate for SNAP should be based on
all errors, not errors below this arbitrary threshold. The
Committee notes that no other safety net program with an error
rate has a similar error tolerance threshold. Further, the
Committee notes that the adjustment in the reported error rate
in no way impacts the dollar value at which States must
establish claims to recoup overpayment of benefits, which are
set elsewhere in regulation with options for alternative State
thresholds.
The Committee notes significant abuse resulting from the
incentives to miscalculate error rates in response to State
performance bonuses. The Committee has ongoing concerns about
perverse incentives created by the State performance bonuses,
in addition to a general expectation that States should not
need a bonus to administer practices that should be standard
operating procedures. These are more than sufficient reasons to
end State bonuses while continuing to uphold the measurement of
State performance. States will continue to be held responsible
for administering SNAP, and legally bound to processing
applications in a timely manner, ensuring households receive
the accurate amount of SNAP benefits, and making certain the
program is administered in the most effective and efficient
manner.
Implement and mandate constructive and empowering work requirements
that are balanced with a strong investment in proven tactics to
assist recipients in climbing the economic ladder
It is the intent of Congress to augment--not change--the
purpose of SNAP to include an increase in those employed,
encourage healthy marriage, and to promote prosperous self-
sufficiency, all the while continuing to strengthen the
agricultural economy and providing for improved levels of
nutrition among low-income households through a cooperative
program.
The Committee recognizes that insufficient, vague, and
unenforceable work requirements--further undermined by State
bureaucrats who find loopholes to waive individuals from
participating--dissuade employment and restrict opportunities
for SNAP recipients. The requirement for Able-Bodied Adults
Without Dependents (ABAWDs) has failed to be implemented
equitably across States, and where it has been implemented, has
failed to incentivize employment. The general work requirement
for those 18-59--an acknowledgement exercise on an eligibility
form--produces no results and allows for almost 10 million
individuals to remain on the rolls with no incentive to change
their outlook or that of their family. Additionally, current
Employment and Training (E&T) services are inadequate and
underfunded, resulting in scattered programs and minimal
participation.
The Agriculture and Nutrition Act of 2018 pairs a
realistic, supportive, and simplified work requirement with
funding for States to provide guaranteed and improved options
to move participants toward improved wages, higher quality
employment, and independence of government aid. The bill does
this by way of establishing a substantive work requirement for
all work-capable adults age 18-59, thus eliminating both the
general work requirement and the ABAWD time limit, with
exemptions for specific populations including the elderly and
disabled, the caretaker of a child under the age of six or of
an incapacitated child, or those who are pregnant. This work-
capable population will be prepared for work through a
modernized and historic investment in E&T, that which provides
an enhanced suite of ancillary services like assessments, case
management, and updated and evidence-based activities.
To ensure this investment yields results, the Committee's
intent is that these requirements are mandatory; again, the
Committee has been provided with a unique opportunity to expand
funding for these life-changing programs by closing loopholes
and improving opportunities for individuals who have been
marginalized by a lack of employment, education, and life
circumstance. For 20 hours per week, and increasing to 25 hours
per week in 2026, work-capable adults must work, participate in
a work program (e.g., WIOA), or participate in SNAP E&T. The
Committee's intent is that each State will offer a slot to
every eligible adult, and in the event a State fails to do so,
they are penalized via administrative sanction or funding
penalty. If the State fails to fulfill this obligation, the
eligible participant is not penalized. If the participant
refuses or fails to participate, and good cause has been
considered and deemed inapplicable, the participant is no
longer eligible for SNAP for a period of 12 months. Each
subsequent determination of failure to participate results in
an ineligibility period of 36 months.
States will maintain the ability to both exempt up to 15%
of their work-capable and eligible population, as well as the
opportunity to apply for waivers in times of high unemployment.
The 15% exemption is meant to excuse individuals who need
short-term reprieve from participation, or for those specific
populations the State determines must be excluded. Annual
carryover of unused exemptions is no longer permitted. The
Committee recognizes the problematic history of the practice of
combining, or gerrymandering, areas to significantly increase
the area covered by geographic waivers of the previous ABAWD
work requirement. To address this, the Committee restricts
waivers to ``individual areas,'' with the intent that States;
counties, parishes, and other county-equivalents; and
metropolitan statistical areas be considered individual areas.
The Committee notes that the Secretary's regulatory language
shall reflect as such, and not provide consideration for any
areas smaller than a county or county-equivalent. As an
example, the Committee does not intend for areas considered
``community districts'' to qualify for waivers. The Committee
prohibits the combining of any of these aforementioned types of
individual areas to increase the areas subject to a waiver.
Lastly, as it pertains to these waivers, it is the Committee's
intent to provide the Secretary with discretion as it relates
to the acceptance or denial of them; waivers shall not be
readily approved based on the criteria set forth in the
Agriculture and Nutrition Act of 2018.
While the Committee emphasizes that there is no benefits
cliff in SNAP because program benefits adjust relative to
increases in income, the Committee recognizes that other low-
income assistance programs often result in a significant drop
(or ``cliff'') in household income when an individual loses
eligibility for those programs. In order to help address this,
the Committee provides that all States will offer five months
of SNAP benefits for individuals who are transitioning off of
TANF cash assistance.
The Committee believes in and emphasizes the importance of
work as a means to improve household food security, far more so
than the benefits provided by SNAP. The earned income deduction
is increased by 10% (to 22%) of earned income. This is a direct
increase in benefits to households with earned income.
Broaden the consumption of healthy foods and readjust nutrition
education to better address the needs of low-income individuals
The Committee emphasizes the importance of healthy eating
for all Americans, including SNAP participants. The Committee
also highlights the Foods Typically Purchased by Supplemental
Nutrition Assistance Program (SNAP) Households report published
by USDA in 2016, which found 20 percent of SNAP household
spending was on items such as sweetened drinks, desserts, salty
snacks, and candy. Further, the Committee recognizes that there
is additional opportunity to leverage the year-round access and
convenience provided by retail food stores.
The Retailer-Funded Incentives Pilot provides $120 million
per year to supplement up to 25% of the value of bonuses
retailers are authorized to provide to SNAP recipients for the
purchase of minimally processed fruits and vegetables, and
dairy. The design of the program is left to the innovation of
retailers, to be approved by the Secretary, but the Committee
envisions it may include leveraging of existing store rewards
programs.
The Committee notes the success of the Food Insecurity
Nutrition Incentive (FINI) Program established by the
Agricultural Act of 2014. FINI encourages the consumption of
healthy foods, including fruits and vegetables. Historically,
FINI was delivered at farmers' markets and the Committee
believes providing an opportunity for retailers to deliver
healthy incentives is vital because it allows potential year-
round access to fresh fruits and vegetables for SNAP
participants. Building on that success, the Committee
reauthorizes FINI and establishes a training, evaluation, and
information center for best practices, intended to improve
effectiveness of applicants and recipients of FINI grants.
The Agriculture and Nutrition Act of 2018 consolidates two
existing nutrition programs carried out under two different
authorities--Section 28 of the Food and Nutrition Act of 2008
and Section 1425 of the National Agricultural Research
Extension, and Teaching Policy Act of 1977 (with appropriations
references to the Smith-Lever Act). In examining these
programs, the Committee notes that the two programs, operated
by two different agencies at USDA, encouraged and allowed
duplication and inefficiency; although the education strategies
employed by the programs are somewhat distinct, there is no
policy rationale for separate programs. The Committee
consolidated the best features of each program into a single,
improved program, and established funding of $485 million per
year in mandatory funding and up to $65 million per year in
discretionary funding. The Committee directs NIFA and FNS to
work cooperatively in the administration of the program,
building on the expertise of each, and in coordination with the
States and with the 1862 and 1890 Land-Grant Universities
(LGUs) that receive the funding and partner with front-line
operators to deliver nutrition education. State plans mandated
by the Agriculture and Nutrition Act of 2018 are intended to
create a unified nutrition education program in coordination,
cooperation, and consultation with the State agency
implementing the SNAP program. The eligible institutions (1862
and 1890 LGUs) will implement a program that includes
partnerships with public and private entities as applicable
that are positioned to advance the effective and efficient
delivery of the program to eligible individuals. The Committee
expects the 1862 and 1890 LGU institutions to collaborate and
determine their appropriate roles, recognizing the capacity
capabilities and unique abilities of each institution. In
States with both 1862 and 1890 institutions, extension
leadership will develop, submit, and implement an equitable
plan for distribution of funds. Funding streams should
appropriately recognize the effort expended by each institution
in each State.
Further, the Committee expects the Secretary to ensure that
any State eligible institution no longer has a substantive role
in implementing State SNAP nutrition education plans is
provided with focused technical assistance to ensure an
effective, efficient transition to meet the new program
delivery requirements. Further, for all States, the Committee
encourages the Secretary to ensure that each State agency
provides a transition strategy that adequately provides the
Secretary assurance of an effective and efficient transition
while working in good faith to minimize impacts on eligible
individuals' access to services and benefits during this
transition phase. The Committee expects NIFA and FNS to
implement appropriate research strategies, especially within
the LGU institutions, to ensure the constant improvement and
efficacy of nutrition education. The statute establishes the
requirement that NIFA's new administrative responsibilities in
providing the nutrition education grants to State implementing
agencies is to be conducted in consultation with FNS to guide
effective program administration, as well as in the development
of guidance and regulations as applicable, but provides for the
Secretary to determine the practical roles and responsibilities
therein. The Committee expects the Secretary to allocate
administrative funds to both NIFA and FNS respectively that
reflect each agency's administrative responsibilities, as
determined by the Secretary, in accordance with the program and
the Secretary's authority.
In addition, USDA currently utilizes the SNAP-Ed Program
Development Team (SNAP-Ed PDT) to foster communication and
understanding among Federal and State/university organizational
systems and to provide leadership to professional/staff
development and program planning, management, reporting, and
evaluation. The Committee expects USDA to continue utilizing
the SNAP-Ed PDT in the implementation of the nutrition
education program established in the Agriculture and Nutrition
Act of 2018. The Committee intends that the 10 percent cap on
administrative costs include the financial costs characterized
by the following types of activities: dollar value of salaries
and benefits associated with staff time dedicated to the
administration of the nutrition education program; cost of
training for performing administrative functions like record
keeping and accounting, etc.; cost of reporting nutrition
education program activities; operating costs; indirect costs
for those administrative staff not covered above; and other
overhead charges associated with administrative expenses (e.g.,
space, human resource services, etc.). The Committee requests a
written report from the Secretary on implementation, including
agency roles, administrative funds allocations to each agency
with projected administrative costs for each agency to conduct
effective oversight and administration, the Federal
implementation strategy, State-level readiness status of
eligible institutions for program implementation, as well as
any remaining unresolved administrative and implementation
objectives required by statute no later than 180 days following
enactment.
The Committee builds on previous successes of The Emergency
Food Assistance Program (TEFAP) with an increase of $60 million
each fiscal year, with $20 million each fiscal year to be used
to establish a Farm-to-Food Bank Program in each State.
Currently, more than 20 States administer farm-to-food bank
programs that direct excess agricultural products from farmers
to food banks for distribution to low-income households. The
intention of the Farm-to-Food Bank Program is for States to
administer an agricultural surplus clearance program that
prevents unnecessary waste and reduces loss in the agricultural
industry, while providing an inexpensive source of healthy food
for low-income families.
The Committee recognizes that there are a variety of
viewpoints regarding the Scientific Report of the 2015 Dietary
Guidelines Advisory Committee. The Committee encourages USDA to
insist that more rigorous and science-based recommendations are
considered, maintaining the scientific integrity necessary to
improve nutrition-related outcomes.
In recognition of the significant program improvements the
Committee directs in Subtitle A, the Committee provides $150
million in implementation funds to the Secretary.
TITLE V--CREDIT
The Committee understands that access to credit is crucial
to America's rural economy, but more importantly to the health
and success of family farmers, ranchers, and foresters. To that
end, the Agriculture and Nutrition Act of 2018 provides greater
flexibility to the Farm Service Agency (FSA) in facilitating
programs that increase credit availability to rural America.
The Committee recognizes the diverse needs of producers of
all sizes, experience, and backgrounds. To address these needs,
the Committee maintains the loan levels and loan fund set-
asides for beginning farmer and rancher operating loans and
reauthorizes the microloans program to continue to provide
greater access for beginning farmers and ranchers. In an effort
to provide greater participation for beginning farmers and
ranchers the Committee amends the Farm Ownership Loan Program
to grant the Secretary enhanced flexibility to allow military
experience or agricultural education to qualify for a portion
of the 3-year farming or ranching experience requirement to
become an eligible borrower.
The Committee notes that agricultural production is capital
intensive, yet producers operate in markets with extremely slim
margins. As such, the Committee-reported bill reauthorizes and
increases the loan limitations for guaranteed farm ownership
and operating loans to $1,750,000 to account for growing
capital needs in rural America. Furthermore, the Committee-
reported bill reauthorizes the conservation loan and loan
guarantee program at $75,000,000 annually.
The Committee recognizes the important role the Farm Credit
System and the national, regional, and community banks plan in
providing credit to rural America. The Committee-reported bill
clarifies the oversight authorities of the Farm Credit
Administration (FCA) to ensure all participants in the System
are in compliance with the Farm Credit Act. As such, the
Committee-reported bill updates the Farm Credit Act of 1971 by
eliminating references that are out of date based on current
markets and regulations. Additionally, the Committee-reported
bill grants the FCA civil enforcement authorities--similar to
those of other agencies--enabling the agency to hold
accountable employees of System institutions who have resigned
or been terminated for up to six years following the employee's
departure from the institution. This authority allows FCA to
prevent ex-employees from simply leaving the System without any
repercussions for potential malfeasance.
The Committee-reported bill modernizes the 1,000 acre
limitations on farm mortgages sold to Farmer Mac. The Committee
recognizes U.S. agriculture has undergone substantial
structural changes over the last 30 years when the average size
of crop farms was 589 acres. Many farms have consolidated and
undergone substantial growth to become more resilient to the
market realities of today. The Agriculture and Nutrition Act of
2018 updates the limit to 2,000 acres, which will allow for the
majority of all cropland to access the lending source while
still holding true to servicing family farms that have grown
overtime.
The Committee-reported bill extends the State Agricultural
Mediation Program to help agricultural producers, their
lenders, and other persons directly affected by the actions of
USDA, resolve their disputes. The Committee recognizes
mediation as a valuable tool for settling disputes in a variety
of USDA program areas.
TITLE VI--RURAL DEVELOPMENT
The past thirty years have been a time of enormous
transition for America. The technological revolution that was
ushered in at the close of the cold war empowered ordinary
Americans to create, invent, and remake our world in ways that
few were able to comprehend at the time. It has produced a
burst of innovation and wealth creation that knows few
parallels in history.
Yet, like many other periods of rapid advancement, the
effects of the change are felt unevenly. This innovation began
with computers, but it became revolutionary when computers
became communications tools and access points for a vast
network of human knowledge. In less than a generation, the
Internet has become the essential network for business,
communications, information, and entertainment.
Despite the rapid and complete adoption of this technology
in much of modern life, too many rural Americans have been
locked out of the technological revolution, because they are
unable to connect to the Internet.
The implications can be seen across rural America. It is
notable in health care, where access to specialists and
advances that are a few clicks away in urban hospitals cannot
be reached in rural America. It is evident in the economy,
where the latest technology to boost efficiency is dependent on
centralized computing resources held in the cloud that cannot
be reached in rural America. It is obvious in education, where
research and lectures and data that are available in any
suburban home cannot be reached in rural America. It is
apparent in commerce where whole new industries that have
flourished online cannot be reached in rural America. And is
evident in our civic life, where citizen engagement and
government outreach has moved to websites that cannot be
reached in rural America.
Today, the inequities of life without reliable, high-speed
Internet can be compared to those without the other modern
networks that form the foundations of technological revolutions
of the past: the transportation networks like canals,
railroads, and interstates that create markets for commodities
and goods; the energy networks like rivers and electrical grids
that multiply the power of labor; and the communications
networks like the telegraph and telephone that fractionalize
time and distance.
The Internet is no less essential than these technologies
for creating an interconnected, interdependent nation in which
every American has the opportunity to participate fully in
commercial and civic life. But it isn't just rural America that
needs rural internet connectivity. As Mr. Craig Cook, Chief
Operations Officer for Hill Country Telephone Cooperative, Inc.
based in Ingram, Texas, explained to the Committee during his
testimony on March 9, 2017: ``. . . rural areas are extremely
important, and providing them the same level of service that is
available in urban areas is critically important, not only for
the success of those rural areas, and enabling those rural
areas to compete in a global economy, but also ensuring that
urban areas are well served by the rural areas.''
Reliable, high-quality access to the Internet fundamentally
underpins the economic development needs of all of rural
America, but it also enables rural Americans to contribute the
talents and successes of its citizens to our national economy.
Today, entire businesses and institutions exist solely within
the confines of the Internet, inaccessible to those without a
connection. The latest information, the broadest set of ideas,
and the best options are not only invisible to those who cannot
access the network, but also devoid of contributions from them.
We are all poorer for their exclusion.
Against this backdrop, the Committee considered changes to
the programs designed to promote economic and social
development in rural America. The Committee-reported bill
addresses several issues of priority for rural communities,
including access to high quality health care services and
affordable broadband connectivity, expanding credit and capital
for infrastructure and economic development, and improving the
coordination of neighboring rural communities. Yet, above all,
it views the expansion of broadband internet access as the
foundation on which rural prosperity and rural inclusion must
be built.
Subtitle A--Improving Health Care In Rural Communities
While broadband Internet connectivity is the long-term
infrastructure challenge that the Committee believes will
underpin rural advancement in the years to come, rural
Americans also face several immediate health care challenges
that the reported bill seeks to address.
Throughout the 2018 Farm Bill process, the Committee has
remained focused on the opioid crisis that is unfolding across
the nation. The crisis demands a response from the whole of
government and USDA has an important role to play in financing
the infrastructure needed by communities and not-for-profits.
The 2018 Farm Bill provides the Secretary the authority to
prioritize those projects that can best help address this
health crisis.
In addition to the opioid crisis, the Committee also
recognizes the challenging economic conditions in farm and
ranch country that are leading to a silent epidemic of suicides
among agricultural families. As farm income has fallen
precipitously, economic stress on families is growing, and the
agricultural community is in need of reliable sources of mental
health care.
In addition to these two specific health issues, rural
Americans face a more generalized problem of access to health
care services. Access to both medical care and medical
insurance services is often more challenging for individuals
outside of urban and suburban communities. To that end, the
Committee reauthorizes the Distance Learning and Telemedicine
Program and establishes a new program to assist farm and ranch
organizations in establishing Association Health Plans for
their members.
Section 6001 provides the Secretary with flexible and
temporary authority to address a broad range of potential
health crises in rural America. Today that health crisis is
opioids, but the Committee-reported bill provides the Secretary
the authority to address any future health crisis, by providing
set-asides or priorities in several programs, including the
Distance Learning and Telemedicine Program, the Community
Facility Loan and Grant Programs, and the Rural Health and
Safety Education Program.
The Committee encourages the Secretary to provide clear
guidance to potential applicants about the types of projects
that will qualify for prioritization. The Committee further
reminds the Secretary that this authority is intended to
accelerate the completion of projects that can have an impact
on pressing rural health problems. We encourage the Secretary
to establish a process for the expedited review of applications
under this section and to further prioritize those applications
that utilize or refurbish existing resources and structures,
and can be completed simply and quickly.
Finally, it is the Committee's express purpose in enacting
this section that the Secretary use this authority to
immediately address the opioid crisis, in addition to any other
similar future health challenge in rural America.
Section 6002 reauthorized and increased the authorization
for the Distance Learning and Telemedicine program. The
Committee believes that this program provides a critical link
between rural patients and the health care services they need,
but are often too far away to access.
Section 6003 reauthorizes the Farm and Ranch Stress
Assistance Network with some modest modifications, to provide
mental health services to those farmers and ranchers in need of
assistance.
Section 6004 authorizes a new program to allow the
Secretary to make loans to qualified Agricultural Associations
to finance the establishment of new association health plans to
serve agricultural businesses, their employees, and their
families.
The Committee recognizes that the process for reconsidering
the rules surrounding association health plans is ongoing and
does not intend this language to disrupt or alter that process.
It is the Committee's intent that these Agricultural
Association Health Plans conform with the Executive Order to
the Department of Labor to establish guidance for expanding
AHPs under ERISA. In addition, the Committee urges the
Department to look to this guidance in selecting and overseeing
grants and loans made to State associations that organize to
provide a health plan to farmers and the agriculture family.
The reported bill further empowers the Secretary to provide
additional requirements on eligibility to be a qualified
agricultural association. The Committee is supportive of
restrictions that would generally limit the definition of
``Qualified Agricultural Association'' to one in which the
members have an established, pre-existing relationship and a
history of organized cooperation through membership in an
existing State-based trade association or industry association,
which has been in existence for at least three years prior to
the establishment of the agricultural association health plan,
prior to the offering of a health plan.
It is the Committee's belief that the Secretary should
consider ways to promote long-term sustainability of
Associations when making loans and grants under this section.
Subtitle B--Connecting Rural Americans to High Speed Broadband
Rural Broadband concerns were a high priority for members
and stakeholders during the two rural infrastructure hearings
the Committee held last year. The Committee focused on
increasing deployment of broadband networks by solving two main
problems: network obsolescence and the high cost of building in
rural areas. The Committee-reported bill tackles both of these
issues, in addition to other minor reforms aimed at improving
program delivery.
Building future-proof networks
A consistent challenge in providing rural broadband is
continuing improvement in the technology. Unlike telephone and
electric service, the nature and quality of broadband service
evolves on a yearly basis.
In his March 2017 testimony, Mr. Cook touched on the
challenge of deploying technology that provides broadband-
quality service over the long-term:
``. . . one of the things that was included in my
testimony was this term future-proof, and . . .
really what we are talking about there is not only
providing the best available service for the consumer
today, but also providing long-term solutions. So . .
. when you look at the growth of broadband, and now .
. . nationally you are looking at a medium broadband
speed of about 41 meg that is generally available
across the Nation. When you look at the potential
growth of that year over year of about 28 percent, it
is not long before you realize that we are going to be
at gig-level services that customers are going to be
demanding.''
Ms. Jennifer L. Otwell, Vice President and General Manager,
Totelcom Communications, De Leon, Texas, testified before the
full committee on July 19, 2017, and pointed out the challenge
of obsolescence when building broadband networks:
``If you are going to go through putting in a piece of
fiber into the ground, you want it to be what will last
for 20, 30 years. Some of those older networks, there
is really not a midrange network. The older networks,
they are already almost obsolete for what we are going
to need them for in just a few years.''
The Committee recognizes that this rapid obsolescence of
broadband technologies presents a unique challenge for
communities with networks financed by the broadband program. As
faithful stewards of taxpayer dollars, the Department is
careful not to make loans to finance a network that would
overbuild a network that it has already financed, regardless of
the quality of the existing network. This helps to protect the
taxpayer by ensuring the borrower has the subscriber base to
pay back its loans.
Yet, for communities served by obsolete networks financed
with 20 or 25 year loans, this policy can trap them for decades
in a twilight zone of connectivity: a substandard network
protected from overbuilding. To remedy this, the Committee-
reported bill adopts new requirements for the broadband
program, to better align the length of a loan with the expected
ability of the network to provide broadband quality service
over time.
Section 6101 requires the Secretary to promulgate a minimum
broadband speed standard and to promulgate estimates of what
those minimum broadband speeds will be 5, 10, 15, 20, and 30
years in the future. The section further prohibits the
Secretary from making a loan to any project that would be
unable to meet the estimated minimum broadband standards for
the entire duration of the loan. The intent of this requirement
is to align the service provided by a USDA-financed broadband
network with the time that the service area is protected by
USDA's overbuilding rules.
The Committee expects that the longest loans offered under
this new policy will be for those technologies that can be
expected to provide broadband-quality service deep into the
future, such as fiber optic networks. However, the section is
technology neutral and will continue to provide loans to any
broadband technology that is capable of meeting the expected
service requirements during the term of the loan. For those
technologies with lower maximum throughput speeds, the
Committee anticipates shorter loan lengths.
It is the Committee's goal that, wherever possible, the
Department invest in the networks with the longest potential
service life and greatest potential to be upgraded in the
future. The Committee is committed to a build-it-right-the-
first-time posture for new broadband projects.
During mark up, the Committee also considered and adopted
an amendment that would further help those communities
struggling with obsolete networks. For those networks financed
with one-time grant funds, the Committee has adopted new
language requiring those providers to upgrade their networks to
modern standards. Without additional investments, on October 1,
2020, the areas served by these networks would be available for
other potential providers to make applications to USDA to serve
them under the new rules.
The Committee also considered and adopted an amendment
during mark-up that would codify the current minimum standard
of service for broadband networks at 25 Mbps download and 3
Mbps upload. The Committee believes that this standard is
appropriate for today to define the minimum internet service as
broadband-quality; however, it reminds the department that
technological obsolescence is rapid and cautions the Secretary
not to force rural residents to settle for service no better
than that in the new networks it is financing.
Improving financial assistance for broadband service
The Committee also recognizes that the low-hanging fruit
has likely already been financed and that further rural
deployment of broadband is likely to face significant
constraints on a network's subscribers being able to afford the
loan repayments necessary to build out a system. To that end,
the Committee has authorized the Secretary to provide
additional assistance to applicants to reduce the cost of
building networks in rural areas.
The Committee-reported legislation established a new grant
program, which works in conjunction with the existing lending
authorities under the Rural Electrification Act already used by
the Secretary to finance broadband networks. Under Titles I,
II, and VI the Secretary already makes loans to entities and
would continue to make loans under those authorities.
Section 6102 allows projects eligible for a loan under one
of those existing authorities the ability to qualify for a
grant if the project meets certain additional requirements to
provide service in rural areas. The Committee recognizes that
the density, or lack thereof, in rural areas represents the
most significant economic hurdle to deploying broadband
internet networks. The limited subscriber base and high fixed
costs of deploying infrastructure can present an insurmountable
obstacle to providers in creating a ``business case'' for
broadband investment in rural America. To this end, the
Committee-reported bill scales up grant incentives for eligible
borrowers who build networks in less-dense areas.
Section 6102 also authorizes the Secretary to provide
grants to certain applicants in the form of payment assistance
for certain applicants. This authority is a novel form of
assistance intended to better protect the interests of
taxpayers and build in accountability for borrowers. In
developing the Farm Bill, the Committee is seeking to address
the difficulties the Department faces in holding grant
recipients accountable to their ongoing obligations. Like loan
recipients, grant recipients enter into a long-term agreement
with the government to provide service over time in exchange
for the grant. They are also enjoined from disposing of their
assets for a period of time without returning the grant funds
to the government.
However, such agreements can prove difficult to enforce
when a grantee fails to perform. The Committee believes that by
structuring the assistance provided to an applicant as a loan
and then allowing the Secretary to provide significant
additional flexibility in setting the terms of loan, the
Department and the borrower's ongoing relationship can be
better represented and borrowers can be held accountable for
their obligations to the government over the long-term, while
still receiving significant additional assistance to build in
very rural areas.
Additional provisions
The Committee reported legislation also makes numerous
other changes to the broadband program to improve borrower
access and accountability, simplify administration, and protect
taxpayers.
Section 6114 was considered and adopted through amendment
to the bill and it would to permit the broadband program to
make loans to finance middle mile infrastructure projects. The
Committee recognizes the importance of these projects in
providing connectivity to rural communities to the high-speed
internet backbone that makes advanced retail deployments
possible. Fiber to the Home, 5G wireless, and other advanced
broadband services require high-speed, high-bandwidth
connections to existing Internet backbone connections.
Section 6013 requires the Department to establish a
separate guaranteed lending program for broadband. The
Committee has seen the success of guaranteed lending in many
other programs at the Department and believes that rural
broadband communities could benefit from the same opportunity
to access private credit to finance new networks.
Section 6104 authorizes the Secretary to allow applicants
under other RD programs to utilize a portion of their awards to
deploy broadband services. Recipients of funds under the
Consolidated Farm and Rural Development Act (CON Act) may
utilize their award to deploy both retail broadband and other
types of broadband infrastructure, including middle mile
connections, conduit, and other infrastructure and facilities
necessary to provide rural broadband connectivity. Recipients
of assistance under Title I of the Rural Electrification Act
borrowers, may utilize up to 10% of their award to provide
retail service.
The Committee has chosen to limit this authorization
largely to areas that currently do not have broadband provided
at the current minimum broadband speeds, with two important
exceptions. Recipients of funding under CON Act programs may
utilize up to 10% of their award to install non-retail
broadband infrastructure, and recipients of funding under Title
I of the Rural Electrification Act may provide service in areas
under the existing Section 601(d) rules.
The Committee looks forward to seeing the innovative ways
communities will utilize this new flexibility.
Section 6105 replaces the unfunded Rural Gigabit Program
with the Innovative Broadband Advancement Program. The
Innovative Broadband Advancement Program is designed to
demonstrate innovative broadband technologies and methods of
deployment that will significantly reduce the cost of deploying
broadband in rural areas and be replicated by others in other
rural areas. The program is significantly more flexible than
the program it replaces, and the Committee believes that it
will provide innovative companies and communities the
opportunity to lead the way in developing technologies that
will be of benefit to all of rural America.
Section 6106 expands the Department's broadband reporting
requirements to cover the new grant program established in this
bill, as well all as of the other loan and grant programs which
provide broadband service, including Community Connect, the
Distance Learning and Telemedicine Program, and the new Omnibus
Loan/Grant Broadband Program.
Section 6107 provides certainty to broadband borrowers by
enabling them to be notified of their loan application
acceptance, before they undertake costly historic or
environmental reviews. No applicant would be able to draw on
USDA funds until every required review has been completed, but
by resequencing the process, borrowers will be better
positioned to undertake reviews, knowing that there will be
funds available to them when they have been satisfactorily
completed.
Sections 6108-6112 make changes designed to improve the
administration of the broadband program and simplify applicant
compliance. Notably, the Committee-reported bill improves the
Secretary's ability to refinance debt held by applicants to
better protect the government by securing a first-lien on a
borrower's assets.
Overbuilding and regulatory coordination
The Committee is mindful of the concerns that many
stakeholders who are deploying broadband in and near rural
areas have about the Department subsidizing networks that
overbuild existing networks, both those that are financed
through the FCC's high-cost program and those that were
financed entirely with private capital.
The Committee notes the significant work that was
undertaken during the previous Farm Bill to strengthen
reporting and disclosure requirements and has worked to build
on that progress with the changes made in this Farm Bill. The
Committee intends for the Department to continue to enforce its
existing requirements to limit overbuilding of existing RUS
borrowers and areas that already have broadband-quality
service. The Committee believes that no one is well served when
government programs duplicate services or replicate private
sector investments.
The Committee also notes the work by the Department and the
FCC to better harmonize existing USDA lending programs and the
FCC's high cost program. However, we believe that much more can
be done to strengthen the coordination between these two
programs. The Committee recognizes that there are different
minimum broadband speeds for USDA's broadband programs and the
FCC's broadband program, which could lead to USDA financing
networks that compete with networks subsidized by the FCC.
Where there is coordination to be had between USDA and the FCC
on broadband programs, it should begin with raising standards
to promote broadband networks that will provide long-term,
quality broadband service for rural residents and communities.
The Committee reminds the Department, the FCC,
stakeholders, and the public that the overarching goal of the
Committee is for rural residents to have affordable access to
broadband internet services that is comparable to the service
offered to urban and suburban Americans. Rural Americans cannot
and should not be left out of the modern economy because of
bureaucratic infighting and unrelated political considerations.
Other matters
As the USDA develops financing, policy and other aspects
related to rural broadband development, the Committee requests
USDA take into account Sec. 2110 of the FAA Extension, Safety,
and Security Act of 2016. This will ensure communication towers
providing broadband services in rural areas that meet the
specifications described in Section 2110 are properly marked
and entered into a FAA database to protect the safety of aerial
applicators, aerial firefighters, public health applicators,
medevac units, law enforcement and other low-flying aircraft.
Finally, the Committee recognizes the intense change that
the broadband program has been under through the past decade
and directs the Secretary to develop rules with all due haste,
but to continue to implement the program as those rules are
being developed.
Subtitle C--Consolidated Farm and Rural Development Act
The Committee-reported bill reauthorizes the important
infrastructure and economic development programs in the CON
Act, including the water and waste loan and grant programs, the
community facilities programs, and rural business programs.
In addition, it makes several important changes to
encourage regional cooperation and to expand access to credit
for mid-sized regional communities.
Regional economic development
Section 6201 of the bill reauthorizes and simplifies the
Strategic Economic and Community Development Program. The
Committee has heard from the Department, as well as economic
development stakeholders about the importance of incentivizing
regional-focused economic development initiatives.
The Committee-reported bill provides the Secretary with
significant latitude in determining the eligible programs and
appropriate set-asides to ensure there are sufficient resources
to meet the demands of eligible applicants.
Expanding access to credit for rural communities
Section 6202 of the Committee-reported bill expands
opportunities for rural communities to obtain credit through
the guaranteed lending programs of the community facilities,
water and waste, and broadband programs. The section expands
availability of credit to all rural areas for higher education
and critical services, investing in rural community colleges,
hospitals, fire stations and other regional-serving
institutions.
While the Committee continues to reserve direct lending and
grant opportunities under these programs for smaller
communities, it provides the opportunity for any community that
meets the statutory definition of ``rural'' to access the
guaranteed lending under those programs. These communities,
while larger than the currently-eligible communities under
these programs, nonetheless face similar challenges in
accessing the necessary loans to finance infrastructure
deployment.
Section 6203 requires the Secretary to collect fees for
guaranteed lending sufficient to offset the cost of providing
the subsidy. The Committee realizes that expanding access to
guaranteed lending programs requires a commensurate increase in
the availability of resources to support the lending program.
By making the programs self-supporting, additional loan
guarantees can be provided to meet the needs of the larger
borrowing class.
The Committee recognizes that it may take several years for
the programs to become self-supporting, so it continues to
provide the appropriators the authorization to appropriate
funds to support lending under these programs. The Committee
encourages the Appropriations Committee to work with the
Department and the Lending Community to establish a program
level and a fee structure that supports our rural communities.
As guaranteed lending grows, it will also become necessary
for USDA to streamline and standardize its approval process for
these programs. The Secretary is encouraged to take steps to
ensure that lenders receive timely responses and similar
treatment of their applications, no matter where in rural
America the project is located. The Committee believes that
centralization or regionalization of application processing, as
well as increased use of technology, can provide applications
with faster, more consistent review that will safeguard
taxpayer dollars while still expanding access to credit for
rural institutions.
Community water systems
Section 6205 of the Committee-reported bill makes two
important changes to the Rural Water and Wastewater Technical
Assistance and Training Programs.
First, the Section provides the opportunity for entities to
offer business-planning assistance to small water systems. In
addition to the traditional technical assistance provided to
systems for immediate, day-to-day operations, the section also
authorizes the Secretary to make grants to entities, often the
same entities providing the technical assistance, to offer
long-term sustainability planning, including assistance on
consolidation, partnerships, or service contracts.
Second, the section increases the authorization to ensure
that sufficient resources are available to the Secretary to
provide for adequate assistance.
Prison populations
Section 6218 of the Committee-reported bill provides the
Secretary the authority to more accurately count the residents
of a rural community. The section, as amended, provides
latitude when considering an application from a community that
hosts a jail or prison facility which is above a population
threshold. It would permit the Secretary to consider certain
individuals, who are incarcerated on a long-term or on a
regional basis, from being not part of an applicant's
community.
When an individual is incarcerated for long periods of
time, they are unlikely to be able to utilize or support a
project financed through rural development. While they will
someday return to a community, for the period of their
incarceration they cannot support a project and should not be
included for the purposes of determining a community's size.
Likewise, there are some communities that host regional
jail facilities, which temporarily hold individuals from
outside the host communities on a short-term basis. These
individuals, who are temporarily held, should be counted not in
the community that hosts the jail, but in the community in
which they live.
The Committee recognizes the challenges posed by trying to
accurately assess rural populations. It directs the Secretary
to provide rural communities which host correctional facilities
the opportunity to provide supplemental population data solely
for the purposes of qualifying for rural development programs.
It is not the Committee's intent to marginalize,
disenfranchise, ignore, or otherwise neglect any individual, no
matter where he or she lives or if he or she is incarcerated.
The Committee's sole concern is establishing the total number
of individuals who will utilize and support a particular
project or service so that the Department can appropriately
judge the needs of a community and its eligibility for
assistance.
Other matters
The Committee encourages the Secretary to allow for
national applications under the Community Facility Technical
Assistance and Training Program without restrictions or award
caps for funding under this paragraph from qualified national
non-profit organizations for the sole purpose of providing on-
site training and technical assistance on a national or multi-
state regional basis.
The current regulatory cap on funding awards is not
prescribed in the authorizing statue of the program, nor are
such caps proscribed for the program on which the Committee
modeled the CF Technical Assistance program, the Water and
Waste Disposal Technical Assistance and Training Program
(306(a)(14) of the CON Act.
The Committee intends that applications not be limited to
$150,000 for national and multi-state non-profit applications,
but rather be considered for an amount of no less than $500,000
to provide community facilities technical assistance and
training on a national or multi-state basis.
The Committee is supportive of our cooperative entities in
providing value and expertise to the agricultural community.
The Committee notes that the Department of Commerce has begun
including a question about cooperatives in the bi-decadal
Economic Census performed by the U.S. Census Bureau. The
Committee reminds the Secretary of the value of this data and
encourages him to utilize it in the cooperative research
program authorized in Section 310B(e)(10) of the CON Act.
Finally, the Committee notes with some concern the
proliferation of economic development commissions, programs,
authorities, and collaborations both in the CON Act and
elsewhere in statute. It remains unclear what programs and
authorities are currently utilized by the Department to improve
economic development activities and what programs and
authorities are no longer necessary, duplicative, or ill-suited
to current use. To remedy this, the Committee requests the
Department prepare a comprehensive report on USDA's Economic
Development Authorities which:
1. Catalogues and describes USDA's statutory programs
and authorities devoted to economic development, both
current and lapsed;
2. Identifies each economic development office, agency,
sub-agency, panel, committee, or other organizations
created in statute or by regulation, and the decision-
makers associated with each;
3. Enumerates all authorizations and appropriations, as
well as number of staff which support each authority,
program, and organization, from both federal and non-
federal sources;
4. Provides a comprehensive description of how each
program is utilized by the Department, any
deficiencies, and overlap with other programs; and
5. Makes suggestions for reforming USDA's rural
development authorities, including streamlining or sun-
setting any unnecessary or duplicative programs and
authorities; consolidating overlapping authorities; or
establishing new authorities where there is a need.
Subtitle D--Rural Electrification Act
The Committee recognizes the important work that borrowers
under the Rural Electrification Act perform in rural America.
Rural telephone companies and cooperatives, electric
cooperatives, and broadband providers work to connect all
Americans to seamless telecommunications and energy networks.
In addition to the changes provided in Subtitle B, the
Committee-reported bill makes several additional small changes
to the REA to simplify compliance and promote continuity of
services.
Section 6304 places the Rural Economic Development Loan and
Grant (REDLG) Program on firmer financial footing. While the
language in the bill significantly redrafts the underlying
statute, the Committee's intent is that this statutory
simplification does not alter the existing administration of
the program. However, the reforms do intend to codify the two
existing sources of funding for the program, as well as provide
the appropriators with the authorization to appropriate
additional funds to the program, if it should require.
Subtitle E--Farm Security and Rural Investment Act of 2002
The Agriculture and Nutrition Act of 2018 reauthorizes the
successful energy programs that help diversify our nation's
energy supply, promote energy efficiency, and create new
economic opportunities in rural America. These programs promote
the development of advanced biofuels and renewable energy.
In an effort to provide greater participation, the Rural
Energy Savings Program has been amended to ensure that the
Secretary does not include any other debt incurred in the
calculation of a borrower's debt equity ratio for eligibility
purposes as well as streamlining the accounting requirements on
the borrowers while ensuring that there will be repayment of
the loan. The Committee intends for the Secretary to continue
to carry out section 6407 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107) in the same manner as on
the day before the date of enactment of this Act, except as
amended under subsection (a), until such time as any
regulations necessary to carry out the amendments made by this
section are fully implemented.
To modernize the Biobased Markets Program, the Committee
has reauthorized and amended the program by adding in no
limitations on procurement of wood and wood-based products from
any other federal agencies.
The Biorefinery, Renewable, Chemical, and Biobased Product
Manufacturing Assistance has been amended to tailor the focus
of the program to ``renewable chemical or biobased product
technology''.
The Repowering Assistance Program has been reauthorized,
and the program has been authorized to be appropriated
$10,000,000.
The Biorefinery Program for Advanced Biofuels is amended to
require the Secretary to place limitations on the amount of
feedstock payments one or more producers may receive in a year.
The program also has been authorized to be appropriated
$50,000,000.
The Committee bill has reauthorized and authorized to be
appropriated $2,000,000 to the Biodiesel Fuel Education
Program.
The Committee Bill has reauthorized the Rural Energy for
America Program, Feedstock Flexibility, and the Biomass Crop
Assistance Program with a specific authorization of
$25,000,000.
Subtitle F--Miscellaneous
The Miscellaneous subtitle reauthorizes a number of
existing USDA programs including the Value Added Producer
Grants and regional economic and infrastructure development
commissions.
Subtitle G--Program repeals
The Committee-reported bill repeals eleven obsolete
programs.
Subtitle H--Technical corrections
The Committee-reported bill carries statutory corrections
identified by the Office of Law Revision Counsel, staff, and
others.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
The research title authorizes several intramural and
extramural programs, providing resources and direction for
foundational and basic agricultural research, extension, and
education. This investment is the foundation for the success
and viability of our nation's agricultural industry as it
strives to enhance productivity, improve consumers' standard of
living, and increase competitiveness of U.S. products in world
markets.
National Agricultural Research, Extension, Education, and Economics
Advisory Board
The National Agricultural Research, Extension, Education,
and Economics Advisory Board (NAREEEAB) was created in 1996 to
replace an existing stakeholder advisory board and consolidated
the functions of numerous other boards, task forces, and
counsels. This advisory board has since served as the principal
advisory mechanism to the Secretary, Under Secretary, agency
administrators, and the Congress on all aspects of the
Research, Education, and Economics (REE) mission area.
In creating the NAREEEAB, Congress intended for this board
to recommend policies, identify short- and long-term national
priorities for REE programs, and to evaluate program results
and effectiveness, among other assigned duties. Congress has
since added multiple duties and consultative functions to the
Board's mandate. In doing so, the Committee is aware that the
workload and learning curve of the volunteer members is high.
The Agriculture and Nutrition Act of 2018 streamlines Board
membership in order to allow flexibility for the Secretary in
making appointments.
Previously, the Committee has encouraged the Secretary to
consult with the NAREEEAB, in both the intramural research
carried out by the Agricultural Research Service and in the
competitive grants programs carried out through AFRI and other
authorities, in carrying out and funding research. The
Committee encourages USDA to utilize the expertise and input of
the NAREEEAB to refocus and target limited agricultural
research dollars on issues directly impacting production
agriculture. The NAREEEAB should be asked to provide input in
every step of the priority-setting process, and the Secretary
is strongly encouraged to rely on this input in making final
decisions.
Renewable Energy Committee discontinued
The Agriculture and Nutrition Act of 2018 repeals the
Renewable Energy Committee of the NAREEEAB. The Committee
understands that this subcommittee was duplicative of the
subcommittee established under the Biomass Research and
Development Initiative (BRDI). The Committee encourages the
Department to continue to utilize the BRDI subcommittee to
fulfill the important role of studying the scope and
effectiveness of research, extension, and economics programs
affecting the renewable energy industry.
Centers for food security
The Committee encourages USDA to establish centers that
focus on food security and the impact of food and agricultural
policies on nutrition, trade, environment, and rural
communities, both national and globally, at land-grant
institutions.
The National Drought Mitigation Center
Drought can have a devastating impact on the food supply,
food prices, farmer income, and the economic health of rural
communities. Furthermore, drought impacts water supply and
quality, energy production, fire threats, landscape changes,
and tourism and recreation. At any one point in time, drought
is likely to affect between a fourth and a third of the nation.
Monitoring, preparedness, response, and resilience are proven
means of managing the detrimental impacts of drought.
For many years, the weekly U.S. Drought Monitor has been
the primary source of information on the extent and severity of
drought throughout the U.S. In 2016-2017, the U.S. Drought
Monitor, produced at the National Drought Mitigation Center was
viewed over 15 million times on the NDMC website alone, and
distributed even more widely through secondary sources. It is
the most widely used gauge of drought conditions in the
country. More recently, other important tools, such as the
Drought Impact Reporter, drought mitigation plans and
resilience guidelines or tools have been increasingly utilized.
Furthermore, the U.S. Drought Monitor serves as a trigger for
Federal disaster relief funds. The Committee expects that the
U.S. Drought Monitor will continue to be the primary source of
information on drought conditions in the U.S., and that
additional tools for managing and mitigating drought will
continue to be strengthened, made broadly available and applied
at the local level.
Extension carryover at 1890 institutions
The Committee notes the deletion of the statutory maximum
20% carryover requirement. The Committee intends that USDA
provide extension funding in a similar manner to both 1890s and
1862s.
Scholarships for students at 1890 institutions
The Agriculture and Nutrition Act of 2018 authorizes
scholarships at the 1890 land-grant institutions for students
interested in food and agricultural sciences. The Committee
acknowledges that there is currently an unmet demand for
highly-skilled jobs within the agricultural industry. The 1890s
have recognized the opportunity that such a gap presents for
graduates with degrees in agricultural studies, and they are
focusing efforts on generating greater interest in the
agricultural programs within these institutions.
Land-grant designation
The Committee has strongly supported the continuing mission
of our nations' land-grant university system to address local,
State, and national priorities concerning food and agricultural
sciences. Formula funds provided by USDA support capacity and
infrastructure for research, education, and extension programs
related to food and agricultural sciences.
The Committee is aware of recent efforts to designate a new
1862 land-grant institution to allocate Federal funds based on
urban population. Funds allocated to States for agricultural
research programs under the Hatch Act and agricultural
extension programs pursuant to the Smith-Lever Act are based on
individual formulas that take into account rural population and
farm numbers. Urban population and State land area are not
considered. The efficiencies gained through central
administration of research, extension, and education
programming within the States reduces costs while maximizing
resources devoted to local, State, and national priorities. The
Committee recognizes the budgetary limitations facing our
nation requiring the land-grant system of colleges and
universities, and all other public-sector entities, to do more
with less.
Efforts to divide existing land-grant universities under
the guise of local control of extension programing would
establish separate, distinct administrative units with the
effect of duplicating administrative costs and burdens, while
significantly disrupting the ability to provide programming on
high-priority local, State, and national issues.
The Committee addresses this concern by prohibiting USDA
from providing capacity funding to institutions not previously
designated as land-grant universities, thereby preserving the
capability of the system to address our nation's priorities
within the budgetary constraints that currently exist.
Genomes to phenomes
The Committee acknowledges the enormous challenge of
efficiently and sustainably producing a safe, dependable food
supply for a growing population. Meeting this challenge
requires the development and management of crop varieties that
will perform well despite increased weather variability. By
improving the ability to predict crop performance in diverse
environments, the genomes to phenomes initiative will enhance
capability to develop new varieties, and to manage the effects
of weather variability on crop productivity. The Committee
therefore supports a large-scale, interdisciplinary network of
researchers dedicated to producing and analyzing very large
datasets of phenotypes to better predict crop yields.
While this genomes to phenomes initiative is focused on
crops, it is the Committee's intent that this section not
detract from existing projects, nor deter future research
funding in animal genomics. The Committee recognizes the
importance of animal genomics research conducted and supported
by the Department. The Committee strongly supports increased
efforts in genomics research on agriculturally important
animals to address critical goals including: (1) understanding
how environment and production systems impact the growth and
productivity of livestock, poultry, and aquaculture to help
predict and improve performance under variable conditions; (2)
leveraging livestock, poultry, and aquaculture genomic
information with phenotypic and environmental data to assist in
selection of superior genetics and improved management; (3)
understanding gene function in production environments to
improve livestock, poultry, and aquaculture performance; and
(4) developing improved data analytics to enhance understanding
of the biological function of genome sequences in livestock,
poultry, and aquaculture. The Committee commends the university
community, the private-sector, and the Department for their
work to advance animal genomics research and encourages
additional focus on these efforts in the future.
High-priority research and extension initiatives
The Committee encourages USDA to more effectively
coordinate intramural and extramural research activities that
address the cattle fever tick. The fever tick has been a threat
to American agriculture for generations causing enormous
economic losses to the U.S. cattle industry in the late 1800s
and early 1900s. These ticks are capable of carrying the
protozoa, or microscopic parasites, Babesia bovis or B.
bigemina, commonly known as cattle fever. The Babesia organism
attacks and destroys red blood cells, causing acute anemia,
high fever, and enlargement of the spleen and liver, ultimately
resulting in death for up to 90 percent of susceptible cattle.
Over 2,700 premises and 9 million acres in south Texas are
currently under quarantine from cattle fever ticks, including
many premises far north of the historic permanent quarantine
zone along the Mexico border. If not controlled, they could
spread to historic locations across the southern U.S. currently
home to more than 400,000 cattle operations.
The Committee recognizes that it is in the economic
interest of agricultural producers and American consumers to
ensure a healthy, sustainable population of native and managed
pollinators, including managed honey bees. Pollinators are
essential to the production of an estimated one third of the
human diet and to the reproduction of at least 80 percent of
flowering plants. Insect-pollinated agricultural commodities
result in significant income for agricultural producers and
account for about $20 billion in U.S. agricultural output
yearly. Because of the importance of pollinators in the
production of the nation's food supply and their impact on the
stability of our agricultural economy, and because the
knowledge gap is too wide given the continuing seriousness of
the problem, the Committee directs additional honeybee research
to be coordinated USDA-wide, utilizing multi-year funding from
SCRI, AFRI, and other existing funding sources to institute
longitudinal field studies along major migratory bee routes,
and to ensure adequate input from the beekeeper, specialty crop
grower, and scientific community.
The Secretary should, through competitive awards, make
funding available for research on the impact of Juniperus
virginiana (eastern red cedar) on ranchlands and grasslands.
Funding could be used for enhanced understanding of growth,
development, and spread of the species; impact of eastern red
cedar intrusion, including on beef production, water
availability and fire danger; means of large-scale management
and control of the species; and development of policies and
practices for use by ranchers, State and local governments, and
other relevant decision makers. Priority should be given to
translational research on how to manage resilience and prevent
losses of rangeland productivity, and technological and
infrastructural solutions that address problems on a regional
scale.
The Committee recognizes that Chronic Wasting Disease (CWD)
is a serious issue impacting both wild and farmed cervid
populations. The Secretary should, through competitive awards,
make funding available for research as part of the Department's
CWD management strategy.
Organic agriculture research and extension initiative
The Committee recognizes that consumer demand for
organically produced goods continues to show double-digit
growth, providing market incentives for U.S. farmers across a
broad range of products. According to USDA, organic products
are now available in nearly 20,000 natural food stores and
nearly 3 out of 4 conventional grocery stores. Organic sales
account for over 4 percent of total U.S. food sales. U.S. farms
and ranches sold $7.6 billion in certified organic commodities
in 2016, up 23 percent from $6.2 billion the year before.
However, increases in domestic production have not been enough
to keep up with increases in demand. To ensure adequate
domestic supply, organic agriculture research must provide
tools and resources American farmers and ranchers can use to
take advantage of higher premiums and a robust organic market.
Farm business management
Farm business management activities as provided under
section 1672D of the Food, Agriculture, Conservation, and Trade
Act of 1990 are defined as participation in farm business
management associations and education programs that provide the
participating farmers and ranchers a year-end whole farm and
enterprise financial analysis. To be eligible for cost-share
assistance under this program, participating farms or ranches
must contribute their year-end financial data to the national
farm financial database that has been awarded and designated by
NIFA under section 1672D of the Food, Agriculture,
Conservation, and Trade Act of 1990. To ensure data
confidentiality and security, all identifying characteristics
other than county and State must be removed from individual
farm or ranch data before being transmitted to the national
farm financial database.
Specialty crop research initiative
The Committee is aware that the National Academies of
Sciences, Engineering, and Medicine; Division on Earth and Life
Studies; Board on Agriculture and Natural Resources recently
completed a review of citrus greening research and development
efforts. The report recommended continued support for both
basic and applied research and both short- and long-term
research efforts, but it noted a lack of standardized methods
and parameters as well as a lack of strategic coordination. The
Committee directs USDA to create opportunities for
communication, collaboration, and innovation among researchers,
representatives of other funding agencies, and the citrus
industry to address the concerns highlighted in the Academies'
report.
The Committee recognizes and supports efforts to increase
domestic fruit and vegetable production from all growing
methods. To further the goal of increased domestic production,
the Committee encourages the Secretary to ensure that there is
sufficient research to support the growth of this sector
including: indoor growing, harvesting and packaging
technologies, impacts of shipping and transportation on
nutritional value, and energy efficiency among different
growing methods.
Sun Grant Program
The Committee-reported bill directs the Secretary to
utilize and leverage the investment, resources and capacities
of the current regional Sun Grant Program Centers and Sub-
center to continue their leadership and management of the
regional Sun Grant competitive grants program.
Research Facilities Act
The Committee expects the Secretary to require in the
application process a facilities management plan including
long-term maintenance of the facility based on industry
standards. The Committee expects the Secretary to give higher
priority to those projects that have significant private
support and multi-State contributions. In determining multi-
State support, the Secretary should consider letters of support
and/or funding from other State institutions and multi-State
organizations and corporations. The Secretary should consider
equally renovations and new construction without bias.
Proposals should provide justification for renovation over new
construction, or new construction over renovation, specific to
the project. The Committee expects the Secretary to rank
projects on criterion such as scientific merit, national and
regional need, and other objective criteria; but not the size
or cost of the project.
Competitive, Special, and Facilities Research Grant Act
AFRI is the premier competitive research and extension
grants program within USDA. The AFRI program was established in
2008 as a successor program to the National Research Initiative
Competitive Grants Program and the Initiative for Future
Agriculture and Food Systems. The statutory priorities for AFRI
are purposefully broad. In developing these priorities,
Congress was aware that as science evolves, a balance needed to
be achieved between the need for flexibility to respond to new
and emerging threats and opportunities, and the need for
transparency and accountability in the expenditure of taxpayer
funds. The Committee urges the Secretary to work with
stakeholders and the NAREEEAB to ensure that the allocation of
research and extension awards under the AFRI program is
consistent with our national priorities, as amended in the
Agriculture and Nutrition Act of 2018.
Additionally, the Committee notes that labor availability
is the most critical challenge facing the specialty crop sector
both in the short- and long-term. Committee hearings in
Washington, and listening sessions around the country, have
documented the need for additional mechanization research. The
Committee therefore encourages the research agencies within
USDA to more vigorously fund this vital research priority
through their respective programs.
The Committee strongly urges USDA to use its authority
under AFRI to award grants to institutions to support the
design of one or more extension prototypes that propose
leveraging digital platforms or other novel means of
translating, delivering, or demonstrating agricultural
research, to adapt, apply, translate, and/or demonstrate
scientific findings, data, technology, and other research
outcomes to farmers, industry, and other interested persons or
organizations. These prototypes shall incorporate analytics and
metrics to assess value and impact.
Beginning Farmer and Rancher Development Program
The Committee addresses stakeholder concerns by enhancing
the Beginning Farmer and Rancher Development Program to allow
the Department greater flexibility in administering the program
to a more diverse pool of applicants. In addition, it allows
flexibility in addressing more of the complex challenges that
beginning farmers and ranchers face.
Biomass Research and Development Initiative
The purpose of the Biomass Research and Development
Initiative (BRDI) is to promote research and development
regarding the production of biofuels and biobased products. The
Committee encourages the Department to prioritize and focus
investment in projects which use pre-commercialization
processes and methods to advance product development. The
Committee is aware of numerous advanced manufacturing
facilities around the country that can play an active part in
the development phase of biofuels and biobased products, and
urges the Secretary to encourage their involvement in BRDI
projects.
Agency coordination
The Committee is concerned that the Department is not
adequately coordinating implementation of research priorities
between intramural and extramural research programs. While
efforts to coordinate research across the agency have been well
articulated in strategic documents, execution has been lacking.
The Committee urges the Department to conduct stakeholder
outreach, and to better coordinate with the NAREEEAB and the
scientific community to ensure Federal research dollars are
allocated in a strategic, effective way. In addition, the
Committee directs USDA to utilize the priorities set out under
AFRI to coordinate these efforts.
USDA, HHS, and multiple Federal agencies conduct important
research on agriculture and food production, disease
prevention, nutrition, and health. The Committee recognizes the
value of interagency coordination in addressing how these
issues impact public health. The Committee encourages USDA,
HHS, and other relevant Federal agencies to maintain a
Memorandum of Understanding to coordinate and share research
findings on the future of nutrition research connecting
agriculture production, food consumption, nutrition, and
disease prevention.
University of the District of Columbia
In the 2008 Farm Bill, the matching funds requirement for
Smith-Lever funding was eliminated for the University of the
District of Columbia, thereby making UDC the only 1862
institution without a matching requirement. It is the
Committee's intent to reinstate the matching funds requirement
for UDC in order to affirm its status as an 1862 land-grant
university, and to incentivize its important cooperative
extension activities including improving food security in low-
income communities, building viable agriculture businesses
through hydroponics, aquaponics and vertical systems, creating
agriculture jobs in high unemployment communities, and training
the next generation of farmers.
Farmland Tenure, Transition, and Entry Data Initiative
The Agriculture and Nutrition Act of 2018 includes a new
Farmland Tenure, Transition, and Entry Data Initiative to
ensure that the Committee and the public have access to
important trend data on farmland ownership, tenure, transition,
barriers to entry, profitability, and viability of beginning
farmers. In carrying out this program, the Committee directs
the Secretary to ensure that all personally identifiable
information is protected. No data should be made publicly
available if it can be used to distinguish or trace an
individual's identity, either alone or when combined with other
personal or identifying information that is linked, or
linkable, to a specific individual.
Authority to transfer land at Beltsville Agricultural Research Center
The Committee is aware of the need to provide the
Agricultural Research Service (ARS) with authority to transfer
approximately 100 acres of land at the Henry A. Wallace
Beltsville Agricultural Research Center in Beltsville, Maryland
to the Bureau of Engraving and Printing (BEP). The Committee
understands that the transfer will save USDA approximately
$500,000 in operation and maintenance cost per year by reducing
ARS' footprint by approximately 98,500 square feet. BEP will
incur the cost of demolition of multiple ARS unutilized
buildings. Future shared services between BEP and ARS could
provide even more savings and efficiencies to both agencies.
Land-grant reporting requirements
The Committee is concerned with the increasing amount of
reporting required by the National Institute of Food and
Agriculture that is connected to the land-grant capacity funds,
such as the combined plan of work. The perception remains that
these reports often go unused, proving them unnecessary. In
response to this notion, the land-grant community has created
its own source, https://landgrantimpacts.tamu.edu, to document
and showcase the research and extension impacts provided by the
system. The changes made by section 7606 of the Agriculture and
Nutrition Act of 2018 are intended to streamline the combined
plan of work into a more concise and easier to prepare
document. The professionals across the land-grant system should
be spending their time and effort addressing the needs of
American agriculture through discovery, and not filling out
unnecessary paperwork.
In addition, the Committee is concerned that land-grant
capacity funds are being treated similarly to competitive
grants, in which an applicant proposes the use of such funds
and is required to document compensation charges and personnel
time and effort. Under current law, land-grant capacity funds
are awarded based on a formula. The Department's role is to
ensure that any required matching funds are provided and to
disperse the funds as directed by law. In implementing section
7607 of the Agriculture and Nutrition Act of 2018, the
Department should issue updated guidance to affected
institutions outlining the exemption.
Extension research
The Cooperative Extension System is a nationwide, non-
formal educational network. Each State, territory, and the
District of Columbia has an office at its land-grant
universities, and a network of local or regional offices which
are staffed by experts who provide practical, research-based
education to agricultural producers, small business owners,
youth, consumers, and others in rural and urban communities.
The Committee encourages the Secretary to ensure that
Cooperative Extension is effectively utilized to deliver the
educational component of USDA programs. The Secretary is also
encouraged to engage in discussions with other Federal
departments and agencies to consider ways to use Cooperative
Extension to deliver education for other Federal programs, as
practicable.
In addition, the Committee recognizes the unique knowledge
and information that the Cooperative Extension System experts
provide to various groups regarding farm and food systems. As
mentioned, this education and information is disseminated
through a network of local or regional offices, and when the
Secretary utilizes the Cooperative Extension to deliver the
educational component of the various programs at the
Department, to the extent practicable, the Rural Development
mission area programs should be included.
Also, the Committee remains concerned about the agency's
operation of the Federally Recognized Tribes Extension Program
as if it were a 3(d) program. The Reservation Extension Agent
Program was not authorized under Section 3(d) of the Smith-
Lever Act. While this may have made administration of grants
easier for the agency, it has led to confusion and unintended
consequences. The Committee encourages the agency to follow
Congressional intent when implementing programs, old and new.
Challenge of change
In order to meet the needs of the world's forecasted
population of over 9 billion in 2050, global food production
must be 60 percent higher than in 2014. While several Federal
agencies and departments are involved in addressing food and
nutrition security and the challenges of today and the future,
the Committee is concerned that the integrated multi-
disciplinary approach required to achieve the necessary levels
of domestic and global food production and food and nutrition
security does not currently exist. Therefore, the Committee
encourages the Secretary to take a leadership role in working
with other relevant departments and agencies in establishing a
Federal interagency task force to meet the food and nutrition
challenges of 2050. The Secretary, to the maximum extent
practicable, should align domestic and global programs related
to food production and food and nutrition security to meet
these challenges.
Healthy Food Initiative
The Committee understands and strongly supports the need
for a multidisciplinary approach and collaboration on research
and education/outreach efforts across agricultural production,
food, nutrition and health care systems to make a positive
difference on human health and chronic disease. The Committee
notes that recent reports, such as the Healthy Food Systems,
Healthy People report of the Association of Public and Land-
grant Universities' Board on Agriculture Assembly and Board on
Human Sciences, identify multidisciplinary scientific
approaches on human nutrition, food systems, and health as
making an important contribution to alleviate skyrocketing
healthcare costs, enhance economic productivity, and contribute
to our nation's long-term national security. The Committee
directs the Department to use all existing authority to work
across Federal agencies with primary roles in agricultural
production, food, nutrition, and health care systems, including
the National Institutes of Health, Centers for Disease Control
and Prevention, the National Science Foundation, and the White
House Office of Science and Technology Policy. The Committee
expects the Department to establish priorities and develop a
cross-agency research program designed to catalyze
multidisciplinary research in order to understand the
characteristics, interactions, and challenges of agriculture,
food, nutrition, and health care systems and how these systems
can be better integrated to improve health outcomes. Further,
the Committee intends for the Department to strengthen and
expand the ability of Cooperative Extension professionals to
help their patients, clients, and the public improve their
health, and lessen the burden of chronic disease through the
implementation and application of the multidisciplinary state-
of-the-science agriculture, food, and nutrition research
recommendations.
Invasive species
The Committee expects USDA to accelerate its efforts in the
development of invasive species research initiatives, and to
retrench efforts to work with individual States toward
solutions to threats from those invasive species of plants and
animals that have direct/indirect impacts, including economic
impacts, on natural resource water supplies and domestic food
sources. In carrying out this mission, the Committee expects
the Department to coordinate invasive species research and
outreach programs with land-grant institutions, through ARS and
APHIS, so as to harness local and regional expertise. The
Committee anticipates that the Department will support these
initiatives from funds available through annual appropriations.
Methyl bromide alternatives outreach
Farmers throughout the country continue to face significant
adverse economic and operational impacts associated with the
phase out of methyl bromide, a critical crop protection tool.
Therefore, continued education and outreach collaboration,
including USDA's Methyl Bromide Alternatives Outreach efforts,
are critical to allow researchers, Federal regulators, and
impacted growers the ability to share research information and
disseminate regulatory information in an effort to minimize the
impacts of soil and post-harvest pests to agriculture and
maintain critical domestic and international markets.
Auditing, reporting, bookkeeping, and administrative requirements
The Committee is concerned about the increasing use of
assessments, fees, and higher indirect cost rates imposed on
its university partners by the Agricultural Research Service
(ARS). These university partners play a major role in achieving
ARS research priorities and objectives. In a time of scarce
budgetary resources, ARS must ensure limited research dollars
are maximized and administrative costs are reduced to the
fullest extent possible. In recent years, ARS has imposed a
variety of administrative assessments on its university
partners, effectively reducing funds intended for important
research projects. The Committee expects ARS to operate within
historical administrative cost parameters, namely by imposing a
total indirect cost rate not exceeding four percent. All
administrative assessments, fees, dues, or charges, of any
type, must be included within this overall administrative cost
cap. ARS must administer its programs more efficiently to
ensure valuable research funds are maximized so it may continue
to maintain a robust agricultural research enterprise. The
Committee encourages ARS to continue university research
partnerships to ensure our nation's premier educational and
clinical institutions play a major role in achieving ARS and
Congressional research objectives.
Food, energy, water nexus
The Committee expects the Secretary, in each of the three
fiscal years following enactment of this legislation, to
conduct a solicitation under the Innovations at the Nexus of
Food, Energy, and Water Systems (INFEWS) Program. This
solicitation should be consistent with previous solicitations
released jointly by USDA and NSF and shall be at least at the
same level.
National Food Safety Training, Education, Extension, Outreach, and
Technical Assistance Competitive Grants Program
The Committee does not intend that removing the three-year
limitation on funding under the National Food Safety Training,
Education, Extension, Outreach, and Technical Assistance
Competitive Grants Program (known as FSOP) limit the scope or
reach of the program, and intends that NIFA ensure that a
diversity of projects continue to be funded that represent a
range of geographic regions and applicant types. The Committee
recommends NIFA continue to ensure that representative
community-based organizations are meaningfully integrated into
any project that proposes to impact a particular community of
producers.
TITLE VIII--FORESTRY
The Committee acknowledges that healthy and productive
Federal, State, and private forests are an important part of
many rural communities, and their proper management is vital
for our environment and preventing catastrophic forest fires.
The Committee believes that ensuring our forests are resilient
should be a priority at the Department. Accordingly, the
Committee-reported bill authorizes the necessary tools for the
Department to improve active management on the nation's
Federal, State, and private forests.
The Committee-reported bill acknowledges the importance of
State and private forests and the work required to manage land,
providing valuable habitat, clean air, recreation, and much
more. Furthermore, the Committee recognizes the need to address
forest health issues on a landscape scale, as private and
public forests often intersect. Therefore, the Committee amends
the Cooperative Forestry Assistance Act to authorize further
cooperation between State Foresters to promote healthy forest
management and wildfire mitigation. Cross-boundary management
and hazardous fuels reduction projects will allow greater
forest fire protection for those who live and work in our
nation's forests, no matter the jurisdiction.
The Committee urges the USFS to place priority on those
actions in the Forest Inventory and Analysis Strategic Plan, as
authorized in the Agricultural Act of 2014, that provide
continuity for long-standing historical data sets. As such, the
Committee directs the USFS to annually prioritize funding and
program implementation to ensure the elements of Strategic Plan
``Option B'' (full implementation of the 1998 Farm Bill's
Strategic Plan) are maintained to include a specific focus on
meeting the requirements of 20-percent annual plot re-
measurement, annual Timber Products Output Program reporting,
and implementing the National Woodland Owner Survey. The
Committee also urges the USFS to continue to find efficiencies
in program operations through the use of remote sensing
technologies where appropriate, as well as partnering with
States and other interested stakeholders to deliver the
program.
The Committee recognizes the role private forests play in
ensuring clean air, water, habitat, and the role that forest
products play in the economy. The reported bill takes steps to
ensure private landowners have the tools to help them make
improvements to their property that benefit the landscape as a
whole. The Forest Legacy Program and Community Forest and Open
Space Conservation Program are intended to give USFS the tools
to assist private forest owners along the way.
The Committee is concerned about the projected loss of
private forestland in the United States, as detailed in the
Resources Planning Act Assessment and regional analyses such as
the Northern and Southern Forest Futures Reports, and
associated loss of societal benefits such as clean air and
water, wildlife habitat, jobs and forest products, and more.
The Committee directs the Secretary, working through the Forest
Resource Coordinating Committee, to develop a National
Reforestation Initiative that addresses the threats to private
forest retention. Within 24 months from the date of enactment
of this Act, the Forest Resource Coordinating Committee should
generate a strategic plan for the initiative to include
relevant USDA programs that promote ``Keeping Forests as
Forests'' and incentivize reforestation within priority areas
identified in the Forest Service Resources Planning Act and
Statewide Forest Resource Assessments and Strategies.
The Committee believes that strong rural infrastructure and
market opportunities lead to healthy resilient communities and
landscapes. The Committee-reported bill reauthorizes many
authorities to allow the Secretary to promote new markets for
wood products. The Committee encourages the Secretary of
Agriculture to continue to support research and development to
promote new markets for low-value timber. The new authorities
in the Community Wood Energy and Wood Innovation Program should
be used to incentivize private investment in infrastructure.
The Committee-reported bill addresses the declining health
of America's forest land managed by the USFS and the Bureau of
Land Management (BLM) due to a lack of active management.
The most significant result of this diminished forest
health is the significant increase in catastrophic wildfires in
the past 15 years. The alarming increase in catastrophic
wildfire impacts can be attributed to the decrease in timber
production. From the mid-1950s to the mid-1990s, the USFS
typically harvested between 10 and 12 billion board-feet
annually. Since 1996, that number has declined to a range of
1.5 to 3.3 billion board-feet. During this same period, the
average number of acres burned increased to 6.2 million acres.
The reason for the declining amount of timber production is
twofold: longer planning periods that result in increased time
and money and leave our forests vulnerable to insect and
disease damage, and the effect of unnecessary litigation on
forest planning decisions.
A 2012 USFS report estimated between 65 million and 82
million acres of forest land are facing some level of threat of
wildfire and are in need of restoration; this is more than one-
third of the National Forest System. In 2014, the USFS treated
2.9 million acres of land. At this pace, it would take the USFS
more than 20 years to treat this endangered land.
During the 115th Congress, the Subcommittee on Conservation
and Forestry held a hearing to review the management of the
National Forest System. In the 114th Congress, Members heard
testimony from former USFS Chief Tom Tidwell, as well as
stakeholders representing the forestry, sportsmen, and
conservation industries. The witnesses' testimony highlighted
the need for active forest management to address the challenges
the USFS is facing.
The Committee-reported bill attempts to address the core
issues facing the USFS: lengthy and costly planning processes
to complete needed hazardous fuel reduction projects, and the
threat of litigation forcing the USFS and BLM to take an overly
cautious approach to forest management. The Committee-reported
bill addresses these challenges by including categorical
exclusions for processes that are routine and have known
effects, allowing the agencies to perform forest management
activities sooner to save time and taxpayer money; it rewards
collaboration, giving all interest groups a seat at the table,
and minimizes the threat of litigation of these collaborative
projects.
The Committee-reported bill imposes no new requirements or
burdens on the USFS or BLM. It expands upon the successes of
the 2014 Farm Bill and the Healthy Forests Restoration Act.
Further, the bill retains many environmental safeguards to
ensure the respective land management agencies use these
authorities in a reasonable and environmentally responsible
manner.
TITLE IX--HORTICULTURE
Specialty crops--fruits, vegetables, tree nuts, and nursery
plants--account for almost half of the domestic crop value in
the United States. The Committee believes that the specialty
crop industry can be best served through Federal and State
efforts that help producers increase their respective
competitive positions through marketing, promotion, and
research programs. The Agriculture and Nutrition Act of 2018
maintains and builds upon the popular and successful programs
established in previous farm bills with this notion in mind.
National Organic Program
The Committee expects the National Organic Program (NOP) to
take all steps necessary to ensure effective oversight, robust
investigations, and fulsome enforcement of the organic
regulations across the entire supply chain. This shall include
(but is not limited to) limiting the importing operations
excluded from certification under 205.101(b) of the Organic
Foods Production Act of 1990; implementing requirements for
modernized import documentation; establishing compliance
working groups among parties to all organic equivalency
arrangements; establishing joint compliance working groups
among accredited certifying agents, State organic programs, and
NOP; and expediting review of global certifying agents whose
accreditation has been revoked by another country.
The Committee notes that the Organic Foods Production Act
of 1990 grants accredited certifying agents the authority to
require increased documentation before granting certification,
especially when there is a specific area of concern. The
Committee further notes that recent concerns regarding imported
organic products are precisely the types of situations in which
accredited certifying agents should exercise this authority.
Section 9006(b) requires the Secretary to establish
procedures for expedited review by the National Organic
Standards Board of materials considered for inclusion on the
national list, if the material is a postharvest handling
substance directly related to food safety. The provision is
intended to address the speed with which the Board reviews such
petitions, and the prioritization of such reviews, and is not
intended to bypass any of the material review requirements
established in the Organic Foods Production Act.
Section 9006(h) directs the Secretary to modernize
international trade tracking and data collection systems of the
NOP. In September 2017, the USDA Inspector General issued an
audit report (01601-0001-21) evaluating the Agricultural
Marketing Services' (AMS) controls over the approval and
oversight of the NOP's agreements for international trade and
import of organic products. The report found that to combat
fraudulent imports of organic products, AMS needs to strengthen
its controls over the approval and oversight of international
trade arrangements and agreements for the import of organic
products into the United States. In addition to strengthening
internal controls, the NOP should be using the expertise of the
trade professionals at the Foreign Agricultural Service and
Customs and Border Protection and their foreign counterparts.
In implementing this section, the Committee expects the
Secretary to work with these agencies as well as the
International Trade Commission to expand the list of Harmonized
Tariff Schedule codes for organic products and direct Foreign
Agricultural Service staff in overseas posts to identify
irregular documentation or cargo movements of organic products.
Specialty Crop Block Grant Program
The bill makes several changes to the Specialty Crop Block
Grant Program, which has been successful in enhancing the
competitiveness of specialty crops by promoting increased
consumption of fruits, vegetables, and nuts, fostering local
and regional economic development, and enhancing research on
specialty crops.
The Committee recognizes the difficulty in coordinating and
funding multi-State projects within the block grant program,
and the Committee expects USDA to issue guidance and work with
States in making grants available for such projects. These
multi-State projects may include food safety, research, plant
pest and disease, and crop-specific projects. These projects
have the ability to link growers across State lines and promote
much needed collaborative research. In the Secretary's
guidance, effective multi-State collaborative research should
not limit needed equipment and facilities if it is found they
are essential to research advancements.
To promote clarity at the time requests for grant proposals
are posted, AMS should seek to post the Notice of Funding
Availability earlier than the current timeframe of March of
each year, if possible within budgetary time constraints.
Recommendations for optimal timing of AMS's notice include
December of the prior year or January of each grant year.
The Federal Insecticide, Fungicide, and Rodenticide Act and Endangered
Species Act consultations
FIFRA is a regulatory statute that governs the sale and use
of pesticides in the United States through the registration and
labeling of such products. Its objective is to protect human
health and the environment from unreasonable adverse effects of
pesticides, taking into account the costs and benefits of
various product uses. Pesticides regulated under FIFRA include
insecticides, herbicides, fungicides, rodenticides, and other
designated substances. The Environmental Protection Agency
(EPA) reviews scientific data submitted by chemical
manufacturers on toxicity and behavior in the environment to
evaluate risks and exposure associated with a product's use.
FIFRA prohibits the sale of any pesticide unless it is
registered and labeled indicating approved uses and
restrictions. It is a violation of Federal law to use such a
chemical in a manner that is inconsistent with the label
instructions. If a registration is granted, EPA makes a finding
that the chemical ``when used in accordance with widespread and
commonly recognized practice it will not generally cause
unreasonable adverse effects on the environment.'' (7 U.S.C.
136a(c)(5)(D).) EPA then specifies the approved uses and
conditions of use of the pesticide, and this is required to be
explained on the product label.
The Endangered Species Act (ESA) requires the Fish and
Wildlife Service and the National Marine Fisheries Service
(collectively, the Services) to consult with the EPA to assess
the impact of an active ingredient on a threatened or
endangered species and critical habitat. To obtain a pesticide
registration, applicants must submit, and the EPA must review
the conclusions of over 100 scientific tests on the pesticide's
effects on the environment. The EPA evaluates potential effects
of a pesticide on all non-target species, including endangered
species, ensuring the proposed use does not cause ``any
unreasonable adverse effects on the environment'', which
includes fish, wildlife, and ``non-target'' plant species.
Applicants for a pesticide registration must submit EPA-
required scientific studies to the EPA allowing the Agency to
conduct a thorough evaluation of the potential environmental
impacts. The EPA also considers other available data and can
require additional data to ensure its registration decisions
are scientifically sound.
The changes made in the Agriculture and Nutrition Act of
2018 strengthen the EPA's pesticide registration process by
incorporating the ESA's standard of protection for threatened
or endangered species and critical habitat. The changes further
require the EPA to request the Services' best available data on
the location, life history, habitat needs, distribution,
threats, population trends, and conservation needs of the
species, and the relevant physical and biological features of
designated critical habitat for the species. The Committee
expects these changes to result in an improved and more
efficient consultation process to make the best use of limited
government resources and to increase transparency and public
trust in the risk assessment processes.
The Clean Water Act
The objective of the Federal Water Pollution Control Act
(Clean Water Act or CWA) is to restore and maintain the
chemical, physical, and biological integrity of the nation's
waters. The primary mechanism for achieving this objective is
the CWA's prohibition on the discharge of any pollutant without
a National Pollutant Discharge Elimination System (NPDES)
permit. EPA has the authority to regulate the discharge of
pollutants either through general permits or through individual
permits. NPDES permits specify limits on what pollutants may be
discharged from point sources and in what amounts. Under the
CWA, 47 States and territories have been authorized to
implement NPDES permits and enforce permits. EPA manages the
Clean Water Act program in the remaining States and
territories.
NPDES permits are the basic regulatory tool of the CWA. EPA
or an authorized State may issue compliance orders, or file
civil suits against those who violate the terms of a permit. In
addition, in the absence of Federal or State action,
individuals may bring a citizen suit in United States district
court against those who violate the terms of an NPDES permit,
or against those who discharge without a valid permit.
Litigation
In over 30 years of administering the CWA, EPA had never
required an NPDES permit for the application of a pesticide,
when the pesticide was applied in a manner consistent with
FIFRA and its regulations. While the CWA contains a provision
granting citizen suits against those who violate permit
conditions, or those who discharge without an NPDES permit,
FIFRA has no citizen suit provision. As a result, beginning in
the late 1990s, a series of citizen lawsuits were filed by
parties, contending that an NPDES permit is necessary when
applying a FIFRA-regulated product over, into, or near
waterbodies. These cases generated several Court of Appeals
decisions that created confusion and concern among pesticide
users regarding the applicability of the CWA with regard to
pesticide use.
As the litigation continued, concern and confusion grew
among farmers, forest landowners, and public health officials,
prompting EPA to issue interim, and later final, interpretive
guidance in August 2003 and January 2005, and then to undertake
a rulemaking to clarify and formalize the Agency's
interpretation of the CWA as it applied to pesticide use. The
EPA rule was finalized in November 2006 (71 Fed. Reg. 68483
(Nov. 27, 2006)), and was the culmination of a three year
participatory rulemaking process that began with the interim
interpretive statement in 2003 and involved two rounds of
public comment.
The 2006 EPA rule codified EPA's long-standing
interpretation that the application of chemical and biological
pesticides for their intended purpose, and in compliance with
pesticide label restrictions, is not a discharge of a
`pollutant' under the CWA, and therefore, that an NPDES permit
is not required. The rule clearly defined specific
circumstances in which the use of pesticides in accordance with
all relevant requirements under FIFRA is not a CWA `discharge
of a pollutant,' explaining in detail the rationale for the
Agency's interpretation.
When the rule was finalized, environmental groups, as well
as farm and pesticide industry groups, filed petitions for
review of the rule in several Federal Circuit Courts of Appeal.
The petitions were consolidated in the Sixth Circuit. The Sixth
Circuit ultimately vacated the rule on January 7, 2009 in
National Cotton Council v. EPA (553 F.3d 927; hereinafter,
National Cotton Council), concluding that the final rule was
not a reasonable interpretation of the CWA's permitting
requirements. The court rejected EPA's contention that, when
pesticides are applied over, into, or near waterbodies to
control pests, they are not considered pollutants as long as
they comply with FIFRA, and held that NPDES permits are
required for all pesticide applications that may leave a
residue in water.
EPA estimated that the ruling would affect approximately
365,000 pesticide applicators that perform some 5.6 million
pesticide applications annually. The court's decision, which
would apply nationally, was to be effective seven days after
the deadline for rehearing expired or seven days after a denial
of any petition for rehearing. Parties had until April 9, 2009,
to seek rehearing.
On April 9, 2009, the government chose not to seek
rehearing in the National Cotton Council case. The government
instead filed a motion to stay issuance of the court's mandate
for two years to provide EPA time to develop an entirely new
NPDES permitting process to cover pesticide use. As part of
this, EPA needed to propose and issue a final NPDES general
permit for pesticide applications, for States to develop
permits, and for EPA to provide outreach and education to the
regulated community. Industry groups filed a petition seeking
en banc review, asking the full Sixth Circuit to reconsider the
decision from the three-judge panel.
On June 8, 2009, the Sixth Circuit granted EPA a two-year
stay of the court's mandate, in response to their earlier
request. The Sixth Circuit denied the industry groups' petition
for rehearing in August 2009. The court-ordered deadline for
EPA to promulgate a new permitting process for pesticides under
the Clean Water Act was April 9, 2011. On March 3, 2011, EPA
filed another request for an extension with the court. On March
28, 2011, the Sixth Circuit granted an extension through
October 31, 2011. The Court's extension only temporarily
postponed the need for an NPDES permit for pesticide use, and
did not obviate the need for this legislation.
Two petitions were filed with the U.S. Supreme Court in
December 2009 by representatives of the agriculture community
and the pesticide industry, requesting that the U.S. Supreme
Court review the National Cotton Council case. A number of
parties, including numerous Members of Congress, filed amicus
briefs with the U.S. Supreme Court, in support of or opposition
to the petitions. On February 22, 2010, the U.S. Supreme Court
denied the petitioners' request without comment.
EPA development of a new permitting process to cover pesticide use
EPA continued to move ahead and developed a new NPDES
permitting process to cover pesticide use, and on October 31,
2011, EPA issued a final NPDES Pesticide General Permit for
point source discharges from the application of pesticides to
waters of the United States. The permit covers four pesticide
uses: (1) mosquito and other flying insect pest control; (2)
aquatic weed and algae control; (3) aquatic nuisance animal
control; and (4) forest canopy pest control. It does not cover
terrestrial applications to control pests on agricultural crops
or forest floors, and does not cover activities exempt from
permitting under the CWA (irrigation return flow, agricultural
stormwater runoff) and discharges that will require coverage
under an individual permit, such as discharges of pesticides to
waterbodies that are considered impaired under CWA Sec. 303(d)
for that discharged pesticide. This general permit provides
coverage for discharges in the states where EPA is the NPDES
permitting authority. In the remaining States, the States are
authorized to develop and issue the NPDES pesticide permits.
Implications
The Committee has received testimony and other information
on the implications of the Sixth Circuit's holding in the
National Cotton Council case, and the new permitting process
that EPA has had to develop under the CWA as a result of that
holding, on State and local agencies, mosquito control
districts, water districts, pesticide applicators, agriculture,
forest managers, and other stakeholders. On February 16, 2011,
the Subcommittee on Water Resources and Environment of the
House Committee on Transportation and Infrastructure held a
joint hearing with the Nutrition and Horticulture Subcommittee
of the House Committee on Agriculture to consider means for
reducing the regulatory burdens posed by the National Cotton
Council case and to consider related draft legislation.
Despite being limited to four categories of pesticide uses,
EPA's new general permit for covered pesticides stands to be
the single greatest expansion of the permitting process in the
history of the NPDES program. EPA has estimated that it can
expect approximately 5.6 million covered pesticide applications
per year by approximately 365,000 applicators--virtually
doubling the number of entities currently subject to NPDES
permitting. (U.S. EPA, Fact Sheet for 2010 Public Notice of:
Draft National Pollutant Discharge Elimination System (NPDES)
Pesticides General Permit (PGP) for Discharges from the
Application of Pesticides to or over, including near Waters of
the U.S., at 14, available at http://www.epa.gov/npdes/pubs/
proposed_pgp_fs.pdf.)
With this unprecedented expansion comes real and tangible
burdens for EPA and the States that will have to issue the
permits, those whose livelihoods depend on the use of
pesticides, and even everyday citizens going about their daily
lives. EPA has said that they will be able to conform the
current process to meet the Sixth Circuit's mandate. Even so,
much of the responsibility of developing and issuing general
permits falls on the States. Forty-five States (and the U.S.
Virgin Islands) are now facing increased financial and
administrative burdens in order to comply with the new
permitting process. In a time when too many States are being
forced to make difficult budgetary cuts, the nation cannot
afford to impose more financial burdens.
The expanded permitting process also imposes enormous
burdens on pesticide users who encompass a wide range of
individuals from State agencies, city and county
municipalities, mosquito control districts, water districts,
pesticide applicators, farmers, ranchers, forest managers,
scientists, and others. The new and duplicative permitting
process is increasing both the administrative difficulty and
costs for pesticide applicators to come into compliance with
the law. Compliance no longer means simply following
instructions on a pesticide label. Instead, applicators have to
navigate a complex process of identifying the relevant permit,
filing with the regulatory authority a valid notice of intent
to comply with the permit, and having a familiarity with all of
the permit's conditions and restrictions. Along with increased
administrative burdens comes an increased monetary burden.
Estimates are that the cost associated with the EPA permit
scheme to small businesses could be as high as $50,000 per
business, annually.
In addition to the costs of coming into compliance,
pesticide users are subject to an increased risk of litigation
and exorbitant fines. Applicators not in compliance face fines
of up to $37,500 per day per violation, not including
attorney's fees. Given the fact that a large number of
applicators have never been subject to NPDES and its permitting
process, even a good faith effort to be in compliance could
fall short. Moreover, the CWA allows for private actions
against individuals who may or may not have committed a
violation. Thus, while EPA may exercise its judgment and
refrain from prosecuting certain applicators, they remain
vulnerable to citizen suits. Unless Congress acts, hundreds of
thousands of farmers, foresters, and public health pesticide
users will remain under the constant threat of lawsuits.
It is not only pesticide regulators and applicators who are
being affected by this permitting requirement. Rather, the
Sixth Circuit's decision is affecting everyday citizens, who
rely on the benefits provided by pesticides and their
responsible application. Pesticide use is an essential part of
agriculture. Imposing a burdensome and duplicative permitting
process on our nation's farmers threatens their ability to
continue to provide the country with a safe and reliable food
supply. Many family farmers and small applicators lack the
resources to ensure compliance with a cumbersome and detailed
permit scheme. Moreover, for those farmers who are able to
comply, delays that are inherent in permitting schemes are ill-
suited for prompt pest control actions necessary in
agriculture. Failure to apply a pesticide soon after a pest is
first detected could result in recurring and greater pest
damage in subsequent years if a prolific insect were to become
established in plant hosts. Former Secretary of Agriculture,
Hon. Thomas J. Vilsack, said that a permitting system under the
CWA for pesticide use ``is ill-suited to the demands of
agricultural production.'' (Letter, Hon. Thomas J. Vilsack,
Secretary of Agriculture, to Hon. Lisa P. Jackson,
Administrator, U.S. Environmental Protection Agency, Subject:
The National Cotton Council of America, et al., v. United
States Environmental Protection Agency (Mar. 6, 2009)).
Forest landowners also stand to suffer under this permit
scheme. EPA's permit scheme stands to result in a reduction in
the use of forest pest control as a forest management tool,
resulting in the acceleration of tree mortality and general
decline in overall forest health. It also is erecting barriers
for the control of pests, such as Gypsy Moth and Forest Tent
Caterpillar. This may result in a higher incidence of
preventable tree kills and defoliated landscapes.
Finally, the Sixth Circuit's holding could have significant
implications for public health. The National Centers for
Disease Control officially recognizes the following as a
partial list of mosquito-borne diseases--Eastern Equine
Encephalitis, Japanese Encephalitis, La Crosse Encephalitis,
St. Louis Encephalitis, West Nile Virus, Western Equine
Encephalitis, Dengue Fever, Malaria, Rift Valley Fever, and
Yellow Fever. (Centers for Disease Control and Prevention,
http://www.cdc.gov/ncidod/diseases/list_mosquitoborne.htm.)
EPA's permit program poses the possibility of critical delays
in emergency responses to insect and disease outbreaks, and
stands to divert resources from controlling environmental pests
to litigation and administrative burdens.
Development of legislation in response to the Sixth Circuit decision
As a result of concerns raised by Federal, State, local,
and private stakeholders regarding the interrelationship
between FIFRA and the CWA and the concerns posed by the new and
duplicative permitting process under the CWA, the House
Committee on Transportation and Infrastructure and House
Committee on Agriculture sought technical assistance from EPA
to draft very narrow legislation targeted only at addressing
the Sixth Circuit's holding in National Cotton Council and
return the state of pesticide regulation to the status quo--
before the courts got involved. The provisions of the
Agriculture and Nutrition Act of 2018 are based on the
technical assistance that EPA provided to the Committees, and
is intended to be consistent with EPA's final rule from
November 2006. The bill amends FIFRA and the CWA to eliminate
the requirement of an NPDES permit for applications of
pesticides authorized for sale, distribution, or use under
FIFRA.
ARS Aerial Application Technology Program
The Committee also recognizes the importance of the aerial
application of pest control tools. These tools are useful not
only to ensure overall food safety and food security, but also
to promote public health through improved mosquito control
techniques. The ARS Aerial Application Technology Program
conducts innovative research making aerial applications more
efficient, effective, and precise. This program has yielded
more effective public health control programs, as well as
increased efficiencies and greater crop production. Research
for aerial application serves the public interest as a vital
tool for the future.
Beneficial insects
Beneficial insects are an important and sustainable
component of integrated pest management (IPM). Biological
control is the practice of releasing natural enemies (predators
and parasites) that seek out crop-destroying insects and mites.
These natural predators, which are farm- or laboratory-reared
in accordance with strict quality control standards, are safe
to humans and do not harm the environment. Biological control
is an important component of organic and conventional IPM and
resistance management programs.
The Committee believes that the importation of farm-reared
beneficial insects, mites and nematodes, which are native or
established in the United States, and which have been
continuously produced in controlled industrial settings for
many generations, are appropriately regulated by the Department
of Agriculture's Animal and Plant Health Inspection Service
import permits (PPQ 526). Consistent with Federal Regulation 50
CFR 14.4, which exempts farm-raised insects from the definition
of wildlife, these beneficial insects, mites and nematodes
shall not require a Declaration for the Importation or
Exportation of Wildlife from the U.S. Fish and Wildlife Service
(USFWS). USFWS permits and inspections are costly, duplicative
and do not provide any additional environmental protections.
Further, the duplicative permits cause clearance delays that
result in the loss of a highly perishable product.
TITLE X--CROP INSURANCE
Farmers and ranchers borrow more money each year to produce
a crop than most Americans will borrow in a lifetime and this
investment is extremely risky. As a consequence, producers not
only depend on Federal Crop Insurance to survive a natural
disaster, but also to secure operating loans from lenders who
would not extend credit without something as basic as
insurance. Most, if not all, farmers and ranchers would prefer
to be able to purchase crop insurance in the same way they buy
property and casualty insurance, but this is not an option. As
the most frequent critics of Federal Crop Insurance have
confessed, an actuarially viable crop insurance policy would be
cost prohibitive due to the high risks involved in agriculture.
Thus, Congress reached a fork in the road between providing
costly, unbudgeted, government-run ad hoc relief which
producers would receive free of cost but also could not count
on, or cost-effective, fully-budgeted Federal Crop Insurance
that producers could purchase and build into their risk
management strategies. Beginning in 1980, Congress began
working to make the second approach a reality.
Today, Federal Crop Insurance covers 290 million acres, or
90 percent of all U.S. planted acres, insuring approximately
130 commodities produced nationwide, with more than $100
billion in liability protection in force. Farmer participation
has roughly doubled over the past 18 years and liability
protection in force has nearly tripled. Meanwhile, loss ratios
are low. In 2016, the loss ratio was 0.42, meaning for every
dollar of premium paid in, indemnities paid out equaled 42
cents. Additionally, the improper payment rate is less than
half the government-wide average, standing at a mere 1.96
percent. Moreover, $17 billion in taxpayer savings have been
achieved through cuts to Federal Crop Insurance since 2008,
including a more than 30 percent cut to administrative and
operating expense reimbursement used to pay the agent workforce
and adjustors whose workload was sharply increasing. These cuts
to the private sector have resulted in significant
consolidation among both Approved Insurance Providers and
agencies, with a number of high profile Approved Insurance
Providers exiting the industry.
The 2014 Farm Bill made significant cuts to the Commodity
Title and new investments in Federal Crop Insurance, reflecting
a policy shift toward risk management. When the 2014 Farm Bill
passed, Federal Crop Insurance costs were expected to increase
by $5.7 billion over 10 years. However, crop insurance has
instead cost $10 billion less than estimated and is projected
to save an additional $10 billion over the next 10 years. Thus,
the actual costs of crop insurance in 2016 and 2017 approximate
costs of a decade ago. Considerable thanks is owed to farmers
and ranchers themselves who pay total premiums as high as $4.5
billion each year for the peace of mind crop insurance
provides.
However, the significant taxpayer savings resulting from
Federal Crop Insurance is understated because it does not
capture savings resulting from crop insurance having largely
obviated ad hoc disaster bills, although some relief for
agriculture was recently included in an overall response to the
record losses sustained due to hurricanes and wildfires
occurring in 2017. For instance, had Congress approved the same
ad hoc disaster program for the 2012 drought as was approved
for the 1988 drought, which caused comparable losses, the cost
would have exceeded $17 billion.
The successes of Federal Crop Insurance were not achieved
overnight and are, in fact, an ongoing process. However,
Federal Crop Insurance owes much of its success to key events
of the past 38 years, beginning with the establishment of the
current private-public partnership under which private
companies and agents write, service, and adjust policies for
farmer and rancher customers. The availability of revenue
policies and the increase in premium support under the
Agricultural Risk Protection Act of 2000, are two other
essential elements to the success of crop insurance. It comes
as no surprise then that, without exception, the proposals to
``reform'' Federal Crop Insurance take aim at these key
components, presumably with the objective of returning Federal
Crop Insurance to its ineffectual state prior to 1980.
At the 114 hearings and 6 listening sessions in the field
conducted by the Committee over the course of the past three
years, the most common refrain the Committee heard was that
Washington ``do no harm'' to crop insurance. The Committee
listened. The farm bill makes targeted improvements to Federal
Crop Insurance while maintaining the success of this private-
public partnership that America's farm and ranch families rely
on to weather what Mother Nature throws at them.
The changes to Federal Crop Insurance provided under the
farm bill include strengthening research and development,
including the maintenance fee structure to foster private
sector innovation in meeting the risk management needs of
farmers and ranchers. The Committee believes communication
between private developers of policies and Approved Insurance
Providers is critical to ensure new policies are being
developed that address unmet needs and that maintenance fees
are set at levels that do not inhibit availability or
participation.
The Committee is particularly concerned that some crops and
growing regions affected by the 2017 hurricanes were unserved
or underserved by Federal Crop Insurance and expects the
Secretary, acting through the Risk Management Agency (RMA), to
use the expansive legal authorities Congress has granted to
ensure that these crops and regions are provided access to
affordable, high quality coverage through risk management
products that effectively mitigate the perils unique to them.
The Committee observes that section 508(h)(2), among other
authorities, provides significant latitude in addressing these
needs. The Committee is also concerned that premium rates on
grain sorghum may be set too high given loss experience and
expects the Secretary, acting through RMA, to study the matter,
report to the Committee with its findings, and take steps to
remedy premium rates if they are found to be inappropriately
high. The Committee also expects the Secretary, acting through
RMA, to treat a crop that can be grazed and also subsequently
harvested for grain as two separate crops, making two separate
insurance policies available for purchase. The Committee does
not intend for total indemnities on the two policies to exceed
the total value of the crop, taking into account the value to
the producer of the crop when both grazed and harvested. The
Committee further expects the Secretary, acting through RMA, to
continue to treat legitimate alternate wetting and drying
practices in rice production as acceptable practices under the
current basic policy provisions as the agency works with
industry, academia, and the private sector to amend the basic
provisions to accommodate such technology advances, or develop
policy endorsements relating to these or similar practices.
The Committee clarifies that the current Federal Crop
Insurance Act authorizes RMA to employ a 10 percent cap when
determining the Actual Production History (APH) of a producer
and that other authorities are also available to RMA in
mitigating the impacts of natural disasters on the APH of
producers, including but not limited to the yield adjustment
authority under section 508(g)(4)(B), the yield exclusion
authority under section 508(g)(4)(C), and the trend yield
adjustment under section 508(h). The Committee does not expect
RMA to alter the availability or design of these adjustments
and observes that section 508(h)(2) provides significant
latitude in this regard.
The Committee also includes provisions to avoid any
duplication of benefit between Federal Crop Insurance and the
Commodity Title's Agricultural Risk Coverage, updates fees for
catastrophic loss coverage, and repeals unused authorities. The
Committee expects the Secretary, acting through RMA, to make
written agreements more accessible to farmers, ensuring
regional offices use a more uniform approach to written
agreements while easing the administrative burden on farmers
needing written agreements in order to obtain coverage. The
Committee is aware that there are farmers who produce a crop in
a county under a written agreement and if they seek to produce
the same crop in another county the producer must have three
years of records. The Committee would observe that this
requirement can be unnecessarily prescriptive and has injured
producers suffering crop losses due to natural disasters.
The Committee urges the Secretary, acting through RMA, to
continue making improvements to the Whole Farm Revenue Program
(WFRP) to help diverse producers manage their risks. The
Committee notes that there is great potential to expand access
to crop insurance to producers through the continued
improvement of WFRP and expects RMA to evaluate barriers to
access to WFRP and work to streamline and reduce these
barriers. Specifically, the Committee urges the elimination of
limits that disqualify farmers with expected revenues in excess
of certain amounts from livestock, nursery, or greenhouses. In
addition, the Committee is concerned that many producers are
unable to utilize WFRP due to the overall limit on insured
revenue. The Committee urges the Secretary, acting through RMA,
to provide options under WFRP that would provide risk
management protection for producers whose insured revenue is
greater than the current limits. Moreover, with the recent
elimination of the cap on livestock under Federal Crop
Insurance, the Committee observes that the internal cap within
WFRP that limits the value of livestock that can be insured is
inconsistent and outdated. The Committee expects the Secretary,
acting through RMA, to make improvements, including with the
help of the private sector, to current insurance policies and
to continue to expand and develop options that would provide
risk management tools for livestock producers. The Committee
further observes the lack of availability of crop insurance for
much of aquaculture. Multiple feasibility studies have been
conducted, but have not resulted in a widely available policy
for aquaculture farmers. The Committee expects the Secretary,
acting through RMA, to specifically identify barriers to
participation in WFRP for aquaculture producers. Moreover, the
Committee urges RMA to consider treating the different growth
stages of aquatic livestock as separate crops to take into
account the different perils at different phases of development
and the provision of enhanced premium support provided for
diversified producers. The Committee also notes that WFRP is a
less effective risk management tool the years following
significant losses due to a reduction in the five-year income
history of the producer. Additionally, while indemnities from
insurance policies or the noninsured crop assistance program
count as revenue received by producers in the year of the loss,
they do not factor in as Revenue to Count for the revenue
guarantee going forward, further undermining available WFRP
coverage in successive loss years. The Committee expects the
Secretary, acting through RMA, to find ways to improve the
effectiveness of WFRP so that producers have an effective risk
management tool following losses. The Committee further notes
that RMA has taken significant steps to improve crop insurance
for organic producers (and those transitioning to organic
production). The Committee urges the availability of options
that ensure that producers enrolled in WFRP who transition from
conventional to organic production have insurance coverage
representative of their organic income potential.
The Committee would note the popularity and expansion of
index-based weather insurance products like Pasture, Range, and
Forage (PRF) and Annual Forage (AF). However, with the
increased participation in many remote areas of the country,
the Committee has concerns about the integrity of the data used
to administer the program in areas with a lower density of
rainfall data collection sites. Many producers in these areas
believe the data reported by the National Oceanographic and
Atmospheric Administration (NOAA) may not be representative of
the actual rainfall received. The Committee expects the
Secretary, acting through RMA, to evaluate the coverage of NOAA
weather stations in remote areas and consider alternative data
collection methods to supplement where NOAA rainfall data may
be lacking.
Moreover, the Committee appreciates efforts by the
Administration to streamline common functions across agencies
within the Food Production and Conservation (FPAC) mission area
by achieving efficiencies through the consolidation of these
functions within the FPAC Business Center. However, the
Committee expects that staff who fulfill a role that is unique
to an agency not be transferred to the Business Center and
instead remain located within his or her respective agency.
The Committee notes that Enterprise Units (EU) are an
important option for producers and encourages the Secretary,
acting through RMA, to permit producers that farm minimal
acreage in a county that is ineligible for EU to be combined
with EU-eligible acreage in an adjacent county in order to form
a single EU.
The Committee would note the disparate treatment of
different varieties of potatoes and believes fresh market
coverage should be expanded to include additional varieties and
that further efforts should be made to collect sufficient data
on specialty variety potatoes so that additional coverage
options can be made available to producers. In addition, while
the Committee acknowledges the need for RMA to charge a higher
interest rate relative to the late payment of premiums to
encourage repayment, the Committee urges the Secretary, acting
through RMA, to consider whether a 15 percent annual interest
rate is exorbitant. Given the significant exits of Approved
Insurance Providers, the budget neutrality requirements in law,
and the ongoing and severe agriculture recession, the Committee
expects the Secretary to forego any action pursuant to section
508(k)(8)(A)(ii). The Committee expects the Secretary, acting
through RMA, to protect the integrity of crop insurance through
the prevention of tying which is not permitted under the
Federal Crop Insurance Act. The Committee notes that the 2014
Farm Bill included a sensible provision to allow agents an
opportunity to correct errors. However, the provision has not
been implemented in a manner that permits the reasonable
correction of errors. The Committee expects that the Secretary,
acting through RMA, will address this as part of the
Secretary's vision for improving customer service. The
Committee commends RMA's May 2016 interpretation of entity for
purposes of 7 U.S.C. 1508(a)(9)(B) as wholly consistent with
Congressional intent and a plain reading of the statute and
vital to maintaining the integrity of crop insurance.
TITLE XI--MISCELLANEOUS
SUBTITLE A--LIVESTOCK
The Committee understands that although accounting for only
5% of GDP, food safety and food access affects 100% of the
population. Animal agriculture is no exception and faces
disease threats capable of devastating the rural economy and
our nation's food supply as was made abundantly clear in recent
years with the devastating outbreaks of PEDv and HPAI. As such,
the Committee strives to ensure USDA and its partners have the
tools necessary to prevent and respond to animal pests and
diseases that pose a threat to the U.S. economy and food
security.
More specifically, the Committee believes it is essential
that USDA's Animal and Plant Health Inspection Service (APHIS),
State animal health officials, and stakeholders involved in
animal agriculture have: (1) early detection, prevention, and
rapid response tools to address any potential animal disease
outbreak; (2) robust laboratory capacity for surveillance; and
(3) a viable stockpile of vaccine to rapidly respond to the
intentional or unintentional introduction of a high-consequence
disease like FMD.
In response, the Agriculture and Nutrition Act of 2018
reauthorizes and funds the National Animal Health Laboratory
Network (NAHLN), and establishes and funds the National Animal
Disease Preparedness and Response Program as well as the
National Animal Health Vaccine Bank.
The Agriculture and Nutrition Act of 2018 provides
mandatory funding of $250 million for these programs in Fiscal
Year 2019 (to remain available until expended), with $30
million allocated to the enhancement of the NAHLN, $70 million
allocated to establishment of the National Animal Disease
Preparedness and Response Program, and $150 million allocated
for the establishment of a U.S.-only vaccine bank with a
priority for stockpiling FMD vaccine. The bill provides $50
million of mandatory funding for Fiscal Years 2020 through 2023
with $30 million set aside for the National Animal Disease
Preparedness and Response Program, and the remainder to be used
at the Secretary's discretion amongst the three components. The
Committee is confident that the Secretary and his team of
experts are best positioned to determine the highest priority
use of such remaining funds based on current and forecasted
needs.
National Animal Health Laboratory Network (NAHLN)
Vigilant surveillance of animal disease is a key first step
in preventing and containing an outbreak. As such, the
Committee recognizes the NAHLN as the first line of defense in
animal disease prevention and testing. This role was put to the
test during the 2015 HPAI outbreaks as thousands of samples
were rapidly tested to ensure depopulation of infected flocks
in a timely manner. The NAHLN was also instrumental in
performing surveillance of surrounding areas to mitigate
further spread of the disease, and in testing premises to
determine freedom of disease prior to repopulation. The
Committee intends to build on this success by providing
mandatory funding to enhance the capacity of NAHLN,
particularly through the development and approval of novel and
expedited diagnostic testing methods.
National Animal Disease Preparedness and Response Program
Recent outbreaks of animal disease have demonstrated the
importance of a robust, forward-looking animal health program
and the need for a coordinated effort between Federal, State,
and local partners. The Committee intends to help bridge this
gap by establishing and funding the National Animal Disease
Preparedness and Response Program modeled after the highly
successful Plant Pest and Disease Management and Disaster
Prevention Program. The Committee expects the Secretary to
enter into multiple cooperative agreements with a variety of
eligible entities including State Departments of Agriculture
and agricultural colleges and universities to address both
wide-spread and localized animal pest and disease threats. Such
efforts should include the development and implementation of
biosecurity measures such as continuity of business and secure
food supply plans.
Foot and Mouth Disease Vaccine Bank
FMD is a highly contagious, viral disease that affects
livestock species, including cows, pigs, sheep, and goats.
Although the last U.S. outbreak was in 1929, FMD still
circulates throughout the world, posing a threat to the United
States.
In 2018, the USDA's National Agricultural Statistics
Service estimated there were more than 167 million cattle and
swine, and almost 8 million sheep and goats in the United
States. Given the current limited stock of viral antigen
concentrate in the shared North American Vaccine Bank, APHIS
would only be able to provide vaccine doses for 1.5% of
susceptible U.S. livestock, assuming only a single inoculation
for each animal.
To enhance APHIS's ability to respond to the potential
introduction of FMD, the Agriculture and Nutrition Act of 2018
establishes and funds a U.S.-only vaccine bank with priority
for the procurement of FMD vaccine. Vaccine from the bank
should be used to support APHIS's current vaccination strategy
if faced with an outbreak of FMD and used in tandem with
stockpiles available to the U.S. through the North American
Vaccine Bank.
The Committee encourages the Secretary to carefully
consider all options for stockpiling vaccine and expects
resources provided to be used on the optimal complement of
products to address the highest risk FMD strains including
products capable of differentiating infected animals from those
that have been vaccinated. In considering stockpiling options,
the Committee expects the Secretary to review the procurement
process to identify potential efficiencies and improvements,
particularly any needed changes to allow for maximum contract
flexibility and product innovation over time. The Committee
views such efficiencies as vital to the long-term
sustainability of the bank.
While the Committee expects the funding provided in the
Agriculture and Nutrition Act of 2018 to sufficiently establish
and maintain an initial supply of FMD-vaccine and related
products, the Committee understands that greater investment may
be desired and warranted in later years. The Committee
encourages the Secretary and interested stakeholders to work
together to identify alternative funding sources to achieve
such investment.
Animal disease traceability
The Committee acknowledges that traceability is achieved
under the USDA-APHIS Animal Disease Traceability (ADT) Program.
The Committee requests that APHIS share with the Committee
action items to be completed by the agency based on stakeholder
issues identified in the 2017 ADT public listening sessions, as
well as corrections for operational deficiencies and gaps in
trace performance measures (TPM) as reported in the April 2017
ADT performance assessment related to Phase 1 of the program,
prior to moving ahead to initiate Phase 2.
Agrodefense budget review
The Committee recommends that the Secretary work with the
Office of Management and Budget and the Secretary of Homeland
Security to develop a crosscutting agrodefense budget analysis
to provide a better understanding of current funding levels for
all agrodefense-related activities. Such an effort would allow
agency officials, Congress, and interested stakeholders to make
more informed decisions, and better prioritize resources in
ensuring the safety of the U.S. food supply.
SUBTITLE B--BEGINNING, SOCIALLY DISADVANTAGED, AND VETERAN PRODUCERS
The Committee-reported bill works to ensure that the needs
and concerns of beginning, socially-disadvantaged, and veteran
farmers and ranchers are adequately addressed. The Committee
appreciates the Secretary's initiative to enhance customer
service, and with that in mind, the Committee intends for the
Department to ensure properly trained staff are available to
this particular group of stakeholders. This will ensure those
initiatives are prioritized by all USDA staff at all levels.
The Committee intends for the Secretary to lead this effort in
coordination with the State offices of the Farm Service Agency,
the Natural Resources Conservation Service, the Risk Management
Agency, the Rural Business-Cooperative Service, and the Rural
Utilities Service to ensure appropriate information and
technical assistance is available through outreach events and
activities.
The Agriculture and Nutrition Act of 2018 establishes the
``Commission on Farm Transitions--Needs for 2050'' to address
needs relative to maintaining and strengthening a vital farm
sector for the future. Ensuring the next generation of farmers
and ranchers are in place to meet that need is a key concern of
the Committee.
SUBTITLE C--TEXTILES
The Committee intends to streamline programs that are
designed to reduce injury to domestic manufacturers of certain
cotton and wool products as a result of disparate treatment
under trade agreements. The Committee expects the Textile Trust
Fund to continue to carry out the functions of the Pima Cotton
Trust Fund, Wool Apparel Manufacturers Trust Fund, Wool
Research and Promotion Grants Funding, and the Sheep
Improvement Center in the same manner as current law at
adjusted funding levels.
SUBTITLE D--UNITED STATES GRAIN STANDARDS ACT
The Committee remains concerned with the Department's
implementation of the U.S. Grain Standards Act provisions that
provided for a ``written agreement'' exception program, which
replaced the former ``non-use of service'' exception program.
FGIS Directive 9290.18 created uncertainty for grain handling
facilities. The Committee expects the Department to issue an
updated directive noting the restored exceptions. In the event
that any party to a previous agreement was sold and is now a
different entity since an exception was terminated, the
Committee expects that an exception could be reinstated as
requested.
SUBTITLE E--NONINSURED CROP DISASTER ASSISTANCE PROGRAM
The Committee notes that the Noninsured Crop Disaster
Assistance Program (NAP) has served as an effective risk
management tool for crops for which crop insurance is not
available. However, when NAP was established, only individual
yield policies were available through crop insurance.
Currently, through subsequent farm bills, initiatives
undertaken by the Risk Management Agency (RMA), and through the
508(h) private submission process, there is now a variety of
other insurance options available. The Committee intends to
clarify the insurance policy type and coverage availability
that would result in a crop being ineligible for NAP coverage.
NAP is intended to remain available until an individual yield
or revenue insurance policy is offered for the crop at both the
catastrophic and buy-up coverage levels. Weather-based index
products and insurance for whole farm revenue should not impact
NAP availability.
The Committee recognizes the efforts undertaken by FSA to
maintain the integrity of NAP, but is concerned with a few
isolated incidents where fraudulent activity has been
discovered. This runs the risk of undermining the intention,
purpose, and future availability of NAP coverage. The Committee
expects FSA to vigilantly enforce the rules and regulations
associated with NAP to maintain the integrity of the program.
Additional effort should be made to identify and analyze
aberrant large claims, or repetitive notices of loss filed by
the same producer. The Committee would note the success of data
mining efforts undertaken by RMA in identifying improper
payments and would encourage FSA to explore all analytical
options available to enhance oversight of NAP, and to ensure
that applicable penalties are appropriate and provide an
adequate deterrent to potential violations.
SUBTITLE F--OTHER MATTERS
The Committee supports the Secretary in the reorganization
of the Department and, to that end, has included updates to the
statutory references to the relevant Under Secretary positions
and provided the Secretary the authority to carry out changes
under the Department of Agriculture Reorganization Act of 1994.
Section-by-Section
H.R. 2, Agriculture and Nutrition Act of 2018
Sec. 1. Short title; table of contents
Sec. 2. Definition of Secretary of Agriculture
TITLE I--COMMODITIES
SUBTITLE A--COMMODITY POLICY
Sec. 1111. Definitions
Section 1111 sets forth definitions for the Title.
Sec. 1112. Base acres
Section 1112(a) requires the Secretary to provide for
adjustments to base acres for covered commodities when a
conservation reserve contract expires or is terminated, acres
are released from a conservation reserve contract, or when the
Secretary designates additional oilseeds in the same manner as
current law.
Section 1112(b) requires that, except in the case of
certain double-cropped acreage, the sum of the base acres for a
farm not exceed actual cropland acreage of the farm, and
provides an opportunity for the owner of the farm to select the
base acres that will be reduced.
Section. 1112(c) allows for the reduction of base acres for
any covered commodity for a farm at the option of the owner of
a farm, requires the reduction of base acres on a farm by the
Secretary where the land has been subdivided and developed for
nonfarming uses, and allocates unplanted base during a certain
period to unassigned crop base.
Sec. 1113. Payment yields
Section 1113(a) continues the Secretary's authority to
establish payment yields for each farm for any designated
oilseed that does not have a payment yield for the purposes of
price loss coverage payments, sets the method of determining
the payment yield for designated oilseeds, and provides that
the subsection only applies to oilseeds designated after the
date of enactment of the Agriculture and Nutrition Act of 2018.
Section 1113(b) authorizes the Secretary to establish a
payment yield if no payment yield is otherwise established for
a covered commodity using the program payment yields of
similarly situated farms.
Section 1113(c) provides a single opportunity for the owner
of a farm to update yields where the farm is physically located
in a county that experience 20 or more consecutive weeks of
exceptional drought during a specified period, provides for the
method of updating yields for covered commodities, and provides
that the election must be made prior to the 2019 crop year.
Sec. 1114. Payment acres
Section 1114(a) continues the establishment of payment
acres for each covered commodity on the farm at 85 percent of
the base acres for the covered commodity on the farm.
Section 1114(b) permits price loss coverage and agriculture
risk coverage payments where the sum of the base acres on farms
in which the producer has an aggregate interest of more than 10
acres across all farms.
Section 1114(c) provides for the reduction of payment acres
in any crop year in which fruits, vegetables, or wild rice have
been planted on base acres on a farm, except where such crops
are grown for conservation purposes, or a region has a history
of double-cropping.
Section 1114(d) requires the Secretary to maintain
information on base acres on a farm allocated as unassigned
crop base.
Sec. 1115. Producer election
Section 1115(a) requires producers to make a one-time,
irrevocable election to obtain price loss coverage or
agriculture risk coverage on a covered-commodity-by-covered-
commodity basis.
Section 1115(b) prohibits payments under price loss
coverage and agriculture risk coverage for the 2019 crop year
and deems an election of price loss coverage for the 2020
through 2023 crop years where all of the producers on a farm
fail to make a unanimous election under section 1115(a).
Section 1115(c) prohibits farm reconstitution to void or
change an election made under section 1115.
Sec. 1116. Price loss coverage
Section 1116(a) requires the Secretary to make price loss
coverage payments on a covered-commodity-by-covered-commodity
basis where all of the producers on a farm have elected price
loss coverage for any of the 2019 through 2023 crop years where
the Secretary determines that the effective price for the crop
year is less than the effective reference price.
Section 1116(b) defines the effective price for a covered
commodity.
Section 1116(c) defines the payment rate.
Section 1116(d) defines the payment amount.
Section 1116(e) requires that, where required, payments be
made beginning October 1 or as soon as practicable, after the
end of the applicable marketing year for the covered commodity.
Section 1116(f) defines the effective price for barley.
Section 1116(g) defines the reference price for temperate
japonica rice.
Sec. 1117. Agriculture risk coverage
Section 1117(a) requires the Secretary to make agriculture
risk coverage payments if all of the producers on a farm have
elected agriculture risk coverage for any of the 2019 through
2023 crop years where the Secretary determines that the actual
crop revenue is less than the agriculture risk coverage
guarantee.
Section 1117(b) defines actual crop revenue.
Section 1117(c) sets the agriculture risk coverage
guarantee for a crop year for a covered commodity to 86 percent
of the benchmark revenue. Further, this subsection defines
benchmark revenue, requires that the Secretary use 70 percent
of the transitional yield for yields in any of the five most
recent crop years that is less than 70 percent, and requires
the Secretary use the effective reference price where the
national average market price for any of the five most recent
crop years is lower than the effective reference price.
Section 1117(d) defines the payment rate.
Section 1117(e) defines the payment amount.
Section 1117(f) requires that, where required, payments be
made beginning October 1 or as soon as practicable, after the
end of the applicable marketing year for the covered commodity.
Section 1117(g) sets forth additional duties of the
Secretary, including using available information and analysis
to check for anomalies in the determination of agriculture risk
coverage payments; calculating a separate actual crop revenue
and agriculture risk coverage guarantee for irrigated and
nonirrigated covered commodities; assigning certain actual or
benchmark county yields using Risk Management Agency or other
data, and making payments using the payment rate of the county
of the physical location of the base acres of a farm.
Sec. 1118. Producer agreements
Section 1118(a) continues the Secretary's authority to
require producers agree to comply with certain provisions in
exchange for receiving payments, to issue rules to ensure
compliance, and to modify compliance requirements.
Section 1118(b) requires that a transfer of or change in
the interest of the producers on a farm will result in the
termination of payments, unless the transferee or owner agrees
to assume all obligations under subsection 1118(a). This
section also provides for an exception for producers who die or
become incapacitated.
Section 1118(c) requires the Secretary to require producers
to submit annual acreage reports with respect to all of the
cropland on the farm as a condition of receiving benefits.
Section 1118(d) requires that penalties only be assessed
for inaccurate reports where the Secretary determines that the
producer knowingly and willfully falsified the acreage or
production report.
Section 1118(e) requires the Secretary to provide adequate
safeguards to protect the interests of tenants and
sharecroppers.
Section 1118(f) requires the Secretary to provide for the
sharing of payments among producers on a farm.
SUBTITLE B--MARKETING LOANS
Sec. 1201. Availability of nonrecourse marketing assistance loans for
loan commodities
Section 1201 authorizes nonrecourse loans for loan
commodities for 2019 through 2023 crop years in the same manner
as current law. It also includes a requirement that producers
comply with certain conservation requirements.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans
Section 1202 continues the loan rates for commodities in
current law for the 2019 through 2023 crop years, except for an
adjustment to upland cotton and establishing a loan rate for
seed cotton of $0.25 per pound.
Sec. 1203. Term of loans
Section 1203 continues the provisions of the current law on
the terms of loans.
Sec. 1204. Repayment of loans
Section 1204 requires the repayment of marketing assistance
loans in the same manner as current law.
Sec. 1205. Loan deficiency payments
Section 1205 authorizes loan deficiency payments for 2019
through 2023 crop years under same conditions as current law.
Sec. 1206. Payments in lieu of loan deficiency payments for grazed
acreage
Section 1206 continues the authorization for payments in
lieu of loan deficiency payments for producers who have grazed
acreage for the 2019 through 2023 crop years under in the same
manner as current law.
Sec. 1207. Special marketing loan provisions for upland cotton
Section 1207 continues the authorization for the President
to issue special import quota for the 2019 through 2023 crop
years in the same manner as current law.
Sec. 1208. Special competitive provisions for extra long staple cotton
Section 1208 continues the authorization through July 31,
2024 of the special competitive provisions for extra long
staple cotton in the same manner as current law, except for an
adjustment to the value of assistance available to domestic
users of upland cotton.
Sec. 1209. Availability of recourse loans
Section 1209 continues the authorization for recourse loans
for certain crops for the 2019 through 2023 crop years in same
manner as current law, except for the provision of recourse
loans for commodities that are contaminated, but still
merchantable.
Sec. 1210. Adjustment of loans
Section 1210 authorizes the Secretary to adjust loan rates
in the same manner as current law, except for the inclusion of
cost saving option authority for the Secretary.
SUBTITLE C--SUGAR
Sec. 1301. Sugar policy
Section 1301 reauthorizes the sugar program through the
2023 crop year in the same manner as current law.
SUBTITLE D--DAIRY RISK MANAGEMENT PROGRAM AND OTHER DAIRY PROGRAMS
Sec. 1401. Dairy risk management program for dairy producers
Section 1401(a) requires the Secretary to submit a report
to the relevant congressional committees evaluating the
accuracy of the data used by the Secretary to evaluate the
average cost of feed used by a dairy operation to produce a
hundredweight of milk.
Section 1401(b) requires the Secretary to submit a report
to the relevant congressional committees detailing the costs
incurred by dairy operation in the use of corn silage as feed
and the difference between the feed cost of corn silage and the
feed cost of corn.
Section 1401(c) requires the Secretary to revise monthly
price survey reports to include prices for high-quality alfalfa
hay in the top five milk producing States.
Section 1401(d) amends section 1404(b) of the Agricultural
Act of 2014 to allow for the exclusion of certain individual
owners in multiproducer dairy operations from registration, and
a corresponding reduction in payments to such operations.
Section 1401(e) amends section 1404(d) of the Agricultural
Act of 2014 to allow a dairy operation to participate in both
the dairy risk management program and the livestock gross
margin for dairy program, but not on the same production.
Section 1401(f) amends section 1405(a) of the Agricultural
Act of 2014 to provide for the use of certain annual milk
marketings to determine prior dairy operation production
history through 2023.
Section 1401(g) amends section 1406 of the Agricultural Act
of 2014 to provide for the election of coverage level
thresholds and coverage percentage for each participating dairy
operation.
Section 1401(h) amends section 1407(b) of the Agricultural
Act of 2014 to set forth the premiums for participation in the
dairy risk management program.
Section 1401(i) makes conforming amendments related to the
program name.
Section 1401(j) requires that the amendments made by this
section take effect 60 days after the enactment of this Act.
Section 1401(k) authorizes the dairy risk management
program through 2023.
Sec. 1402. Class I skim milk price
Section 1402(a) amends section 8c of the Agricultural
Adjustment Act to set out the formula for determining the
prices for milk of the highest use classification for Class I
milk.
Section 1402(b) requires that the amendments set out in
section 1402(a) take effect on the first day of the first month
no more than 120 days after the date of enactment of the Act.
Sec. 1403. Extension of dairy forward pricing program
Section 1403 reauthorizes the dairy forward pricing program
through 2023.
Sec. 1404. Extension of dairy indemnity program
Section 1404 reauthorizes the dairy indemnity program
through 2023.
Sec. 1405. Extension of dairy promotion and research program
Section 1405 reauthorizes the dairy promotion and research
program through 2023.
Sec. 1406. Repeal of dairy product donation program
Section 1406 repeals section 1431 of the Agricultural Act
of 2014, the dairy product donation program.
SUBTITLE E--SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE PROGRAMS
Sec. 1501. Modification of supplemental agricultural disaster
assistance
Subsection (a) of section 1501 amends section 1501(b) of
the Agricultural Act of 2014 to expand the livestock indemnity
program to cover death or sale loss as a result of diseases
that are caused or transmitted by a vector and that is not able
to be controlled by vaccination or other acceptable management
practices.
Subsection (b) amends section 1501(f) by eliminating the
payment limitation of $125,000 per crop year for Emergency
Assistance for Livestock, Honey Bees, and Farm Raised-Fish
(ELAP). The subsection further excludes a person or legal
entity from the AGI limitation if 75 percent or more of the
average adjusted gross income of the person or legal entity
comes from farming, ranching, or silviculture.
Subsection (c) applies an effective date of January 1,
2017.
SUBTITLE F--ADMINISTRATION
Sec. 1601. Administration generally
Section 1601(a) allows the Secretary to use the funds and
facilities of the Commodity Credit Corporation to carry out
this title.
Section 1601(b) provides that a determination made by the
Secretary under this title shall be final and conclusive.
Section 1601(c) provides for an expedited implementation of
this title.
Section 1601(d) provides for the Secretary's authority, to
adjust expenditures under this title to ensure the United
States remains in compliance with our international trade
agreements, is continued in the same manner as current law.
Sec. 1602. Suspension of permanent price support authority
Section 1602 continues the suspension of permanent price
authority in the Agriculture Marketing Adjustment Act of 1938
and the Agricultural Act of 1949.
Sec. 1603. Payment limitations
Section 1603 amends section 1001 of the Food Security Act
of 1985 to limit the total amount of payments a person or a
legal entity can receive under subtitle A to $125,000. Further,
section 1603 revises the definition of family member to include
first cousins, nieces, and nephews. Finally, section 1603
creates a new definition of `qualified pass through entity' to
ensure that payment limits are applied to either the individual
or entity, depending on where taxable revenue is recognized.
Sec. 1604. Adjusted gross income limitation
Section 1604 amends section 1001D of the Food Security Act
of 1985 to ensure that the adjusted gross income limitation is
applied to either the individual or entity, depending on where
taxable revenue is recognized. This section also provides the
Secretary the authority to provide a waiver to the adjusted
gross income limitation to protect environmentally sensitive
land of special significance.
Sec. 1605. Prevention of deceased individuals receiving payments under
farm commodity programs
Section 1605 continues the requirement that the Secretary
prevent deceased individuals from receiving farm commodity
program payments by reconciling the Social Security Numbers of
all individuals who received payments under this title with the
Commissioner of Social Security in the same manner as current
law.
Sec. 1606. Assignment of payments
Section 1606 continues the authority of a producer who
receives a payment under this title to assign the payment to
someone else after proper notice to the Secretary in the same
manner as current law.
Sec. 1607. Tracking of benefits
Section 1607 reauthorizes the Secretary to track the
benefits provided to individuals getting payments under titles
I and II in the same manner as current law.
Sec. 1608. Signature authority
Section 1608 continues the signature authority of a
producer in the same manner as current law.
Sec. 1609. Personal liability of producers for deficiencies
Section 1609 continues the provisions of personal liability
of producers for deficiencies in the same manner as current
law.
Sec. 1610. Implementation
Section 1610(a) requires the Secretary to maintain base
acres and payment yields in the same manner as current law.
Section 1610(b) requires the Secretary to continue to
streamline administrative burdens and costs in the same manner
as current law.
Section 1610(c) requires the Secretary to make $25,000,000
available to implement this title.
Section 1610(d) provides for loan implementation in the
same manner as current law.
Sec. 1611. Exemption from certain reporting requirements for certain
producers
Section 1611 exempts producers who participate in any
conservation or commodity program from certain reporting
requirements.
TITLE II--CONSERVATION
SUBTITLE A--WETLAND CONSERVATION
Sec. 2101. Program ineligibility
Section 2101 amends section 1221(d) of the Food Security
Act of 1985 to direct the Secretary to determine that no
exemption under section 1222 of the Food Security Act of 1985
exists before determining program ineligibility.
Sec. 2102. Minimal effect regulations
Subsection (a) amends section 1222(d) of the Food Security
Act of 1985 to direct the Secretary to identify by regulation
categorical minimal effect exemptions on a regional basis
within 180 days of enactment.
Subsection (b) amends section 1222(k) of the Food Security
Act of 1985 to provide $10,000,000 in Commodity Credit
Corporation funds in fiscal year 2019, to remain available
until expended. In addition, subsection (b) authorizes
appropriations of $5,000,000 each of the years 2019 through
2023 for establishment of mitigation banks for conservation
compliance.
SUBTITLE B--CONSERVATION RESERVE PROGRAM
Sec. 2201. Conservation reserve
Subsection (a) amends section 1231(a) of the Food Security
Act of 1985 to reauthorize the conservation reserve program
through the 2023 fiscal year.
Subsection (b) amends section 1231(d) of the Food Security
Act of 1985 to increase the total CRP enrollment cap from
24,000,000 acres to 29,000,000 acres by the end of 2023 by
increasing the cap 1,000,000 acres per year. In addition
subsection (b) provides for a step up in acres of grassland
contracts in increments of 500,000 to at least 3 million acres
by 2023. The provision reserves unused grassland acres solely
for grassland enrollment. The subsection also requires the
Secretary to maintain the distribution of enrolled acres across
the states in proportion to the historic state enrollment in
the program and requires general signups to be held at least
every other year.
Subsection (c) amends section 1231(e) of the Food Security
Act of 1985 to set a duration range for general contracts for
10-15 years and continuous signup practices at either 15 years
or 30 years.
Subsection (d) amends section 1231(h) of the Food Security
Act of 1985 to limit the enrollment of land with established
hardwood trees to one re-enrollment.
Sec. 2202. Farmable wetland program
Subsection (a) amends section 1231B(a) of the Food Security
Act of 1985 to extend the Farmable Wetlands Program through
2023.
Subsection (b) amends section 1231B(b) of the Food Security
Act of 1985 to remove the wildlife buffer acreage ratio
requirement for wetland buffers while retaining the three
technical criteria and Secretarial discretion for determining
the allowed buffer size.
Subsection (c) amends section 1231B(c) of the Food Security
Act of 1985 to reduce the acreage cap for farmable wetland
enrollment from 750,000 to 500,000 acres and removes
discretionary authority for the Secretary to increase the cap
by 200,000.
Subsection (d) amends section 1231B(e) of the Food Security
Act of 1985 to remove the general prohibition for commercial
use of enrolled lands.
Subsection (e) amends section 1231B(f) of the Food Security
Act of 1985 to remove authority for incentive payments for
farmable wetlands.
Sec. 2203. Duties of owners and operators
Subsection (a) amends section 1232(a) of the Food Security
Act of 1985 to allow grazing for limited purpose of management
as required by contract and specifically to direct the
Secretary to include thinning and other practices, limited to
management purposes, that improve the condition of the
resources, promote forest management, and enhance wildlife
habitat on land devoted to trees.
Subsection (b) amends section 1232(b)(2) of the Food
Security Act of 1985 to create flexibility for some commercial
use of enrolled lands.
Sec. 2204. Duties of the Secretary
Subsection (a) amends section 1233(a) of the Food Security
Act of 1985 to establish a cross reference to the subsection
for determining annual rental payment rates for the contract.
Subsection (b) amends section 1233(b) of the Food Security
Act of 1985 to expand the opportunities for owners and
operators to use haying, grazing, and other management tools on
conservation reserve acres under an approved plan by the
Secretary. The subsection limits haying to no more frequently
than once in every three years with not less than 25 percent of
the acres remaining unharvested and includes greater
flexibility for the Secretary to determine the frequency and
duration for grazing of enrolled acres and fixes an upper limit
on stocking rates if the grazing is to occur during the nesting
season. Subsection (b) further allows intermittent or seasonal
vegetative buffer practices incidental to production activity
on adjacent land and provides for a 25 percent reduction in the
annual rental payment for use of the land unless the activity
is used to address a mid-contract management requirement which
would result in no deduction. Finally, this subsection includes
a provision to automatically make the Conservation Reserve
Program (CRP) eligible for grazing when the livestock
assistance program is engaged because of drought.
Subsection (c) amends section 1233 of the Food Security Act
of 1985 to provide clearer authority for the Secretary to waive
planned mid-contract management requirements when the use of
the cover in response to a natural disaster or adverse weather
resulted in the same effect on the cover as the planned
management activity.
Sec. 2205. Payments
Subsection (a) amends section 1234(b) of the Food Security
Act of 1985 to reduce practice and measure establishment cost
share from 50 percent to no more than 40 percent, and limits
the cost share for the seed component of the cover
establishment to 25 percent of the seed cost. The subsection
further places a cap on any incentive payments for installing
practices to not exceed the actual cost of the practice.
Finally, the language prevents the Secretary from making a
cost-share payment when grazing is used as a mid-contract
management practice.
Subsection (b) amends section 1234(c) of the Food Security
Act of 1985 to preserve incentive payments for tree thinning
and related forest stand management, but reduces the payments
from 150 percent to 100 percent of the cost.
Subsection (c) amends section 1234(d) of the Food Security
Act of 1985 to require USDA, in determining rental rates, to
consider the impact to local farmland rental market; and to
reduce the rental payment to 80 percent of the established
rental rate at the time of enrollment. It further establishes a
declining scale for each subsequent enrollment in the program
beginning with 15 percent for the first reenrollment and 10
percent for each reenrollment thereafter. Further, the
subsection increases the frequency of the rental rate estimate
survey from every other year to annual, and requires the rental
rates to be published by September 15 each year.
Subsection (d) amends section 1234(g) of the Food Security
Act of 1985 to require agreements with States for the
Conservation Reserve Enhancement Program to limit the program
cost share to 50 percent of the agreement.
Sec. 2206. Contracts
Subsection (a) amends section 1235(e) of the Food Security
Act of 1985 to update the authority for the Secretary to allow
a one-time early termination of contracts in fiscal year 2019.
Subsection (b) amends section 1235(f) to update provisions
allowing transition of land to beginning farmer or rancher
(BFR) buyers of enrolled acreage to prepare land for crop use;
to provide extended time for entry into Organic Foods
Production Act of 1990 certification; and to ensure the
Secretary provides technical and financial assistance to assist
the BFR in transitioning the enrolled acreage through a
conservation plan.
Subsection (c) amends section 1235(g) of the Food Security
Act of 1985 to allow expiring CRP contract acres to enter into
an Environmental Quality Incentives Program (EQIP) contract in
the final year to prepare the land for cropping or grazing
after expiration, and to allow expiring CRP acreage entering
into organic food production to be begin preparing for
transition in the final 3 CRP years of the contract.
SUBTITLE C--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM
Sec. 2301. Definitions
Subsection (a) of section 2301 amends section 1240A of the
Food Security Act of 1985 to include two new conservation
activities; precision conservation management planning, and
cover crops and resource conserving crop rotations as eligible
for the purposes of the program.
Subsections (b) and (c) provide for the additional
definitions of ``priority resource concern'' and ``stewardship
practices'' for the purposes of the program to support the
addition of stewardship contracts made by 2302(d).
Sec. 2302. Establishment and administration
Subsection (a) of section 2302 amends section 1240B of the
Food Security Act of 1985 to extend the authority for the
environmental quality incentives program through fiscal year
2023.
Subsection (b) further amends section 1240B of the Food
Security Act of 1985 to eliminate the 60 percent livestock
allocation of funding. The subsection further extends the
authorization for the at least 5 percent allocation of funding
for practices benefitting wildlife habitat.
Subsection (c) amends section 1240B(h) of the Food Security
Act of 1985 to expand the list of practices available for water
conservation and irrigation efficiency. This subsection further
adds limited eligibility of irrigation districts, associations,
and acequias including waiver authority for adjusted gross
income and limitations on payments.
Subsection (d) creates authority for new stewardship
contracts of 5 to 10 year term within EQIP for the purposes of
payments for stewardship practices that address locally
established priority resource concerns. The subsection further
establishes considerations for determining practice payment
amounts and a payment limitation for a person or entity of
$50,000/year. The subsection provides for use of no more than
50 percent of the EQIP appropriations for these contracts.
Sec. 2303. Limitation on payments
Section 2303 amends section 1240G of the Food Security Act
of 1985 to extend the authority for the payment limitation of
$450,000 for all contracts entered into under the program for
the period of fiscal years 2019 through 2023.
Sec. 2304. Conservation innovation grants and payments
Subsection (a) of section 2304 amends section 1240H(a) of
the Food Security Act of 1985 to limit the amount of EQIP funds
used for conservation innovation grants at not more than $25
million for each fiscal year, 2019 through 2023. The subsection
further extends eligibility for conservation innovation grants
to persons participating in higher education on lands owned by
an institution of higher education.
Subsection (b) of section 2304 amends section 1240H(b) of
the Food Security Act of 1985 to increase the Air Quality
Concerns from Agriculture set aside to $37,500,000 each fiscal
year 2019 through 2023.
Subsection (c) of section 2304 amends section 1240H of the
Food Security Act of 1985 to authorize the Secretary to use up
to $25 million of EQIP funds for each fiscal year 2019 through
2023 to enter into agreements for on-farm conservation
innovation trials. This subsection encourages the Secretary to
provide payments for 3 or more years to producers, including
forgone income, when adopting new and innovative conservation
technology, and requires the Secretary to make the results
available on a public database while protecting individual
producer's information. Subsection (c) further instructs the
Secretary regarding provision of technical assistance, eligible
entities, and examples of new or innovative technologies to be
included in on-farm trials. The Secretary is to provide
compilation and analysis of the trials to encourage broader
adoption of the innovative technologies.
SUBTITLE D--OTHER CONSERVATION PROGRAMS
Sec. 2401. Conservation of private grazing land
Section 2401 amends section 1240M of the Food Security Act
of 1985 to extend the authorization of appropriations for
conservation of private grazing land program at the current
level of $60,000,000 a year through fiscal year 2023.
Sec. 2402. Grassroots source water protection program
Subsection (a) of section 2402 amends section 1240O of the
Food Security Act of 1985 to extend the authorization of
appropriations for the grassroots source water protection
program at the current level of $20,000,000 each year through
fiscal year 2023.
Subsection (b) includes an additional $5,000,000 in
mandatory funding to be made available in fiscal year 2019 and
remain available until expended.
Sec. 2403. Voluntary public access and habitat incentive program
Section 2403 amends section 1240R of the Food Security Act
of 1985 by making $50,000,000 available in mandatory funding
for the period of fiscal years 2019 through 2023.
Sec. 2404. Watershed protection and flood prevention
Subsection (a) of section 2404 amends section 14 of the
Watershed Protection and Flood Prevention Act to extend the
authorization of appropriations for the small watershed
rehabilitation program at the current level of $85,000,000 a
year through fiscal year 2023.
Subsection (b) amends the Watershed Protection and Flood
Prevention Act to include a new section that makes an
additional $100,000,000 in mandatory money to remain available
until expended for each fiscal year through 2023 for the
purposes of carrying our programs under the Act.
Sec. 2405. Feral swine eradication and control pilot program
Subsection (a) of 2405 provides the Secretary the authority
to establish a pilot project for eradication and control of
feral swine.
Subsection (b) enumerates the duties of the Secretary in
carrying out the pilot including assessment, control methods,
restoration, and the provision for financial assistance to
producers.
Subsection (c) enumerates the actions for which financial
assistance will be provided.
Subsection (d) requires coordination between the Natural
Resources Conservation Service and the Animal and Plant Health
Inspection Service with State Technical Committees to determine
the pilot areas for the project.
Subsection (e) provides that areas considered for the pilot
will demonstrate feral swine impacts as a threat to
agriculture, native ecosystems, or human or animal health.
Subsection (f) establishes the cost-share level of 75
percent and provides for in-kind contributions of materials and
services.
Subsection (g) allocates $100 million in mandatory funds
for the period 2019 through 2023 and distributes the funding at
50 percent to each agency and the scope of their work. It
further limits the use of these funds to no more than 10
percent for administrative expenses associated with the pilot
project.
SUBTITLE E--FUNDING AND ADMINISTRATION
Sec. 2501. Commodity Credit Corporation
Subsection (a) of section 2501 amends section 1241 of the
Food Security Act of 1985 to extend the authorization and amend
the funding levels for the programs under the Title.
Funding levels:
CRP tree thinning incentive--$10,000,000 set aside through
fiscal year 2023
CRP-Transition Incentive Program--$33,000,000 set aside
through fiscal year 2023
Agriculture Conservation Easement Program (ACEP)--
$500,000,000 each fiscal year through 2023
EQIP--$2,000,000,000 for fiscal year 2019;
$2,500,000,000 for fiscal year 2020;
$2,750,000,000 for fiscal year 2021;
$2,935,000,000 for fiscal year 2022;
$3,000,000,000 for fiscal year 2023.
The subsection further eliminates funding for the
conservation security program which is repealed. It also
provides for necessary funding to carry out conservation
stewardship contracts that were entered into prior to the date
of enactment of this Act.
Subsection (b) amends section 1241 of the Food Security Act
of 1985 to extend the authority to make the funds provided
under the Title available until expended through 2023.
Subsection (c) amends section 1241 of the Food Security Act
of 1985 to repeal a report to Congress on the conservation
compliance impacts to producers of the Agriculture Act of 2014
and a report on outreach to specialty crop growers.
Subsection (d) of section 2501 amends section 1241 of the
Food Security Act of 1985 to repeal the regional equity
distribution of funds requirement.
Subsection (e) of section 2501 amends section 1241 of the
Food Security Act of 1985 extending the authority to use, to
the maximum extent practicable, 5 percent of EQIP funds for
beginning farmers or ranchers, and 5 percent for socially
disadvantaged farmers or ranchers.
Subsection (f) updates the requirements of the annual
report to Congress reflecting the amendments made by this Act.
Sec. 2502. Delivery of technical assistance
Subsection (a) of section 2502 amends section 1242 of the
Food Security Act of 1985 to include new definitions for
``eligible participant'' and ``third-party provider.''
Subsection (b) amends section 1242 of the Food Security Act
of 1985 to include a new subsection providing alternative
certification methods for third-party providers.
Sec. 2503. Administrative requirements for conservation programs
Section 2503 amends section 1244 of the Food Security Act
of 1985 to include a new subsection that requires the Secretary
to promote water quality and water quantity practices that
protect drinking water. The new subsection requires
collaboration with community water systems and offers increased
incentives and higher payment rates for practices that result
in environmental benefits. The new subsection further reserves
not less than 10 percent of Title II funds--except CRP--to
carry out the subsection.
Sec. 2504. Establishment of State technical committees
Section 2504 amends section 1261(c) of the Food Security
Act of 1985 to add land-grant university extension programs to
the list of representatives.
SUBTITLE F--AGRICULTURAL CONSERVATION EASEMENT PROGRAM
Sec. 2601. Establishment and purposes
Section 2601 amends section 1265 of the Food Security Act
of 1985 to clarify that nonagricultural uses that do not
negatively impact the agricultural operation or conservation
values of the property are allowed.
Sec. 2602. Definitions
Subsection (a) of section 2602 amends section 1265A of the
Food Security Act of 1985 to conform the definition of
``agricultural land easement'' with the elimination of the
requirement for an agricultural land easement plan.
Subsection (b) amends section 1265A of the Food Security
Act of 1985 to make 100 percent nonindustrial private forest
land eligible if it provides significant conservation benefit.
It further removes the requirement for the Secretary to consult
with the Secretary of the Interior on program priorities for
wetlands eligibility.
Subsection (c) amends section 1265A of the Food Security
Act of 1985 to include a new definition for the term
``monitoring report.''
Sec. 2603. Agricultural land easements
Subsection (a) of section 2603 amends section 1265B of the
Food Security Act of 1985 to conform the availability of
assistance with the elimination of the requirement for an
agricultural land easement plan.
Subsection (b) amends section 1265B of the Food Security
Act of 1985. Paragraph (1) amends the eligible sources for the
non-Federal share and describes the exception for grasslands.
Paragraph (2) amends section 1265B to require the Secretary to
adjust ranking and evaluation criteria for applications in
order to account for geographic differences among states, as
long as such adjustments continue to meet the purpose of the
program and maximize the benefit to the Federal investment.
Paragraph (3) further amends section 1265B with respect to the
minimum terms and conditions of the easements. It includes the
requirement that the right of enforcement does not create a
right of inspection by the Secretary of an easement unless an
eligible entity fails to provide monitoring reports in a timely
manner. It eliminates the requirement for an agricultural land
easement plan, but allows the Secretary to require a
conservation plan only for highly erodible land. It limits the
Secretary's ability to require a refund after a violation of
the terms and conditions only in the case of fraud or
negligence. The subsection further allows for limited mineral
development on the easement. It also clarifies that owners of
land subject to an easement may participate in environmental
services markets if the purpose of the market is the
facilitation of additional conservation benefits. Paragraph (4)
amends section 1265B(b)(5) of the Food Security act of 1985 to
allow certified eligible entities to use their own terms and
conditions consistent with the purposes of the program.
Paragraph (4) further allows for a land trust that has been
accredited by the Land Trust Accreditation Commission, and has
completed at least five acquisitions of easements under the
program, to be considered certified for the purposes of the
program.
Subsection (c) amends section 1265B of the Food Security
Act of 1985 to conform the technical assistance authority with
the elimination of the agricultural land easement requirement.
Sec. 2604. Wetland reserve easements
Section 2604 amends section 1265(b)(5)(i)(III) of the Food
Security Act of 1985 to add a grazing management plan as a
qualifying criteria for reservation of grazing rights
consistent with the wetland reserve easement plan.
Sec. 2605. Administration
Subsection (a) amends Section 1265D(a)(4) of the Food
Security Act of 1985 allowing the Secretary to exclude land for
easements enrollment when permitted for infrastructure
development.
Subsection (b) of section 2605 amends Section 1265D(c)(1)
of the Food Security Act of 1985 to allow the Secretary to
subordinate or exchange any interest in land in the
government's best interest and allows the Secretary to modify
any interest in the land that has a neutral effect or increase
in conservation values and intent of the easement. The
subsection further allows the Secretary to terminate an
easement if it is in the public interest and agreed to by the
current land owner. It deems easements as a qualified
conservation contribution for the purposes of the IRS and
provides for the treatment of the contribution following an
administrative action by the Secretary.
Subsection (c) of section 2605 amends Section 1265D of the
Food Security Act of 1985 by adding a new subsection (f)
exempting ACEP from the Adjusted Gross Income requirement in
section 1001D(b)(1) of the Food Security Act of 1985.
SUBTITLE G--REGIONAL CONSERVATION PARTNERSHIP PROGRAM
Sec. 2701. Definitions
Subsection (a) of section 2701 amends section 1271A of the
Food Security Act of 1985 removes the conservation stewardship
program from the list of covered programs and adds the
conservation reserve program and programs under the Watershed
Protection and Flood Prevention Act.
Subsection (b) amends section 1271A to include ``resource
conserving crop rotations'' and the ``protection of source
water for drinking water'' to this list of eligible activities.
Sec. 2702. Regional conservation partnerships
Subsection (a) of section 2702 amends section 1271B of the
Food Security Act of 1985 to allow for partnership agreements
to exceed 5 years if it is necessary to have a longer agreement
in order to meet the objectives of the program.
Subsection (b) amends section 1271B to specify that
partners should quantify a project's environmental outcomes
when assessing a projects effects.
Subsection (c) amends section 1271B to require the
Secretary to simplify the application process. The subsection
further allows for the renewal or expansion of existing
projects through an expedited application process.
Sec. 2703. Assistance to producers
Section 2703 amends section 1271C to conform with the
addition of longer partnership agreement terms, and expands the
Secretary's waiver authority to include the ability to waive
any existing payment limits in the covered programs.
Sec. 2704. Funding
Section 2704 makes $250,000,000 of mandatory money
available each fiscal year from 2019 through 2023 to carry out
the program. Further, the section does not extend the
availability of funds or acres from the covered programs to be
used for the purposes of the program.
Sec. 2705. Administration
Section 2705 amends section 1271E of the Food Security Act
of 1985 to require the Secretary to provide guidance on how to
quantify and report on environmental outcomes associated with
the adoption of conservation practices under the program. The
section further adds a requirement to include the progress
being made on quantifying and reporting of environmental
outcomes to the report of the Secretary to Congress.
Sec. 2706. Critical conservation areas
Section 2706 amends section 1271F of the Food Security Act
of 1985 by eliminating the restriction of watershed programs
only to critical conservation areas under the regional
conservation partnership program conforming to the changes made
by section 2701.
SUBTITLE H--REPEALS AND TRANSITIONAL PROVISIONS; TECHNICAL AMENDMENTS
Sec. 2801. Repeal of the conservation security and conservation
stewardship programs
Subsection (a) of section 2801 amends the Food Security Act
of 1985 to repeal the conservation security program and the
conservation stewardship program.
Subsection (b) allows for transitional provisions so
existing contracts may continue unaffected until expiration.
Renewals under the existing contracts are explicitly
prohibited.
Sec. 2802. Repeal of terminal lakes assistance
Section 2802 repeals section 2507 of the Farm Security and
Rural Investment Act of 2002, the desert terminal lakes
program.
Sec. 2803. Technical amendments
Section 2803 provides for necessary technical amendments.
TITLE III--TRADE
SUBTITLE A--FOOD FOR PEACE ACT
Sec. 3001. Findings
Sec. 3002. Labeling requirements
Section 3002 amends section 202(g) of the Food for Peace
Act to require, in the case of commodities or food purchased in
country, markings on the package or container and, in the case
of other assistance, accompanying printed material that
indicate that the assistance was furnished by the people of the
United States of America.
Sec. 3003. Food aid quality assurance
Section 3003 amends section 202(h)(3) of the Food for Peace
Act to reauthorize the funding for food aid quality activities
through fiscal year 2023.
Sec. 3004. Local sale and barter of commodities
Section 3004 amends section 203(a) of the Food for Peace
Act to provide the Administrator discretion in the levels of
local sales and strikes section 203(b), the minimum level of
local sales for non-emergency programs.
Sec. 3005. Minimum levels of assistance
Section 3005 amends section 204(a) of the Food for Peace
Act to reauthorize minimum levels of commodities available for
emergency and non-emergency assistance through 2023.
Sec. 3006. Extension of termination date of Food Aid Consultative Group
Section 3006 amends section 205(f) of the Food for Peace
Act to reauthorize the Food Aid Consultative Group through
2023.
Sec. 3007. Issuance of regulations
Section 3007 amends section 207(c) of the Food for Peace
Act to allow the Administrator 270 days after the date of
enactment of the Agriculture and Nutrition Act of 2018 to issue
regulations and revisions to agency guidance necessary to
implement the Act.
Sec. 3008. Funding for program oversight, monitoring, and evaluation
Section 3008 amends section 207(f)(4) of the Food for Peace
Act to permit the Administrator to use up to 1.5 percent of the
funds made available under Title II of the Food for Peace Act
for the 2019 through 2023 fiscal years for monitoring of
emergency food assistance.
Sec. 3009. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods
Section 3009 amends section 208 of the Food for Peace Act
to change the section heading to ``International Food Relief
Partnership'' and, in paragraph (f), to authorize the program
until 2023.
Sec. 3010. Consideration of impact of provision of agricultural
commodities and other assistance on local farmers and economy
Section 3010(a) amends section 403(a) of the Food for Peace
Act to ensure that no modalities of assistance are distributed
in a recipient country where distribution would create a
substantial disincentive to, or interference with, domestic
production or marketing.
Section 3010(b) amends section 403(b) to ensure that, like
the importation of United States commodities and other
activities, the distribution of food procured outside of the
United States, food vouchers, and cash transfers for food will
not have a disruptive impact on the farmers or local economy of
a recipient country.
Sec. 3011. Prepositioning of agricultural commodities
Section 3011 amends section 407(c)(4)(A) of the Food for
Peace Act to reauthorize the prepositioning of agricultural
commodities until 2023.
Sec. 3012. Annual report regarding food aid programs and activities
Section 3012(a) amends section 407(f) of the Food for Peace
Act to allow the Administrator and the Secretary to file the
annual report either jointly or separately. In addition, this
section requires that, where the annual report is not filed by
the April 1 deadline, the Administrator and the Secretary
notify the relevant congressional committees of any delay and
the reasons for such delay. In addition, section 407(f) is
updated to combine an existing annual report with more detailed
information about the utilization of funds by eligible
organizations.
Section 3012(b) repeals a duplicative report.
Sec. 3013. Deadline for agreements to finance sales or to provide other
assistance
Section 3013 amends section 408 of the Food for Peace Act
to extend the deadline for agreements to finance sales or to
provide other assistance until December 31, 2023.
Sec. 3014. Minimum level of nonemergency food assistance
Section 3014 amends section 412(e) of the Food for Peace
Act to provide not less than $365,000,000 of the amounts made
available to carry out title II of the Act, nor more than 30%
of such funds, be expended for nonemergency food assistance
programs. Further, section 412(e) is amended to provide that
certain community development funds that are made available
through certain grants or cooperative agreements and that are
consistent with the goals of Title II of the Food for Peace Act
may be deemed to have been expended on nonemergency food
assistance programs for the purposes of this section.
Sec. 3015. Termination date for micronutrient fortification programs
Section 3015 amends section 415(c) of the Food for Peace
Act to reauthorize the micronutrient fortification program
until 2023.
Sec. 3016. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program
Section 3016(a) amends section 501(b)(1) of the Food for
Peace Act to clarify that the nature of assistance provided by
the John Ogonowski and Doug Bereuter Farmer-to-Farmer Program
(Farmer-to-Farmer Program) is technical assistance.
Section 3016(b) amends section 501(b)(2) of the Food for
Peace Act to include retired extension staff of the Department
of Agriculture in the list of entities that may work in
conjunction with agricultural producers and farm organizations
on a voluntary basis.
Section 3016(c) amends section 501(b) of the Food for Peace
Act to reinforce that longer-term and sequenced assignments and
partnerships are allowed within the Farmer-to-Farmer Program.
Section 3016(d) amends section 501(d) of the Food for Peace
Act to provide, with continued set-asides for certain
geographic locations, a minimum level of funding of not less
than the greater of $15,000,000 or 0.6% of amounts made
available to carry out the Food for Peace Act for each fiscal
year through 2023. Section 3017(d) also provides that funds
used to carry out programs under section 501 of the Food for
Peace Act shall be counted towards the minimum level of
nonemergency food assistance under section 412(e) of the Food
for Peace Act.
Section 3016(e) amends section 501(e) of the Food for Peace
Act to reauthorize the authorization of appropriations until
2023.
SUBTITLE B--AGRICULTURAL TRADE ACT OF 1978
Sec. 3101. Findings
Sec. 3102. Consolidation of current programs as new International
Market Development Program
Section 3102(a) amends section 205 of the Agricultural
Trade Act of 1978 to create the International Market
Development Program, a consolidation of the current Market
Access Program, the Foreign Market Development Cooperator
Program, the Technical Assistance for Specialty Crops Program,
and the E. (Kika) De La Garza Emerging Markets Program.
Section 3102(b) amends section 211(c) to provide funding
for the International Market Development Program subject to
certain set-asides.
Section 3102(c) repeals the Market Access Program, the
Foreign Market Development Cooperator Program, the Export
Assistance Program for Specialty Crops, and the Emerging
Markets Program.
Section 3102(d) makes conforming amendments.
SUBTITLE C--OTHER AGRICULTURAL TRADE LAWS
Sec. 3201. Local and regional food aid procurement projects
Section 3201 amends section 3206(e)(1) of the Food,
Conservation, and Energy Act of 2008 to authorize
appropriations for local and regional food aid procurements
projects until 2023.
Sec. 3202. Promotion of agricultural exports to emerging markets
Section 3202 amends section 1542(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
funding for the promotion of agricultural exports to emerging
markets through fiscal year 2023.
Sec. 3203. Bill Emerson Humanitarian Trust Act
Section 3203 amends section 302 of the Bill Emerson
Humanitarian Trust Act to reauthorize the trust through 2023.
Sec. 3204. Food for Progress Act of 1985
Section 3204(a) amends section 1110 of the Food Security
Act of 1985 to reauthorize the program until 2023.
Section 3204(b) amends section 1110(b)(5) of the Food
Security Act of 1985 to include colleges and universities in
the definition of ``eligible entity''.
Section 3204(c) amends section 1110(o) of the Food Security
Act of 1985 to ensure that all eligible commodities provided
for in an agreement with an eligible entity are made available.
Sec. 3205. McGovern-Dole International Food for Education and Child
Nutrition Program
Section 3205(a) amends section 3107(f)(1)(B) of the Farm
Security and Rural Investment Act of 2002 to require that
assistance coincides with the start of the school year, and is
available when needed throughout the relevant school year.
Section 3205(b) amends section 3107(l)(2) of the Farm
Security and Rural Investment Act of 2002 to authorize
appropriations for the program through 2023.
Sec. 3206. Cochran fellowship program
Section 3206(a) amends section 1543(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to permit
study in foreign colleges or universities that have met certain
criteria.
Section 3206(b) amends section 1543(c) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to clarify
that the purpose of the fellowship includes trade linkages
involving regulatory systems governing sanity and phyto-
sanitary standards for agricultural products.
Sec. 3207. Borlaug fellowship program
Section 3207 amends section 1473G of the Food and
Agriculture Act of 1977 to permit United States citizens to
receive Borlaug fellowships in order to assist eligible
countries in developing school-based agriculture and youth
extension programs and to permit study in foreign colleges or
universities that have met certain criteria. Further, section
3207 clarifies that training or study of fellowship recipients
from eligible countries outside of the United States shall
occur in the United States, or at a qualified college or
university outside of the United States. Finally, section 3207
authorizes appropriations of $6,000,000 for the Borlaug
fellowship program.
Sec. 3208. Global Crop Diversity Trust.
Section 3208 amends section 3202(b) of the Food,
Conservation, and Energy Act of 2008 to limit the aggregate
contribution of funds of the Federal Government to the trust to
33% and authorizes appropriations through 2023.
TITLE IV--NUTRITION
SUBTITLE A--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Sec. 4001. Duplicative Enrollment Database
Subsection (a) of section 4001 amends the Food and
Nutrition Act of 2008 by adding at the end, section 30 to
establish the Duplicative Enrollment Database to be used by
States when making eligibility determinations to prevent SNAP
participants from receiving duplicative benefits in multiple
States. Subsection (a) also requires the Secretary to publish
an annual report using data submitted to the Database that
analyzes SNAP participant characteristics including tenure on
the program.
Subsection (b) amends section 11(e) of the Food and
Nutrition Act of 2008 to require States to collect and submit
SNAP participant data to the Duplicative Enrollment Database in
accordance with guidance or rules issued by the Secretary that
will be used by the Secretary to generate the annual reports
required under subsection (a).
Sec. 4002. Retailer-Funded Incentives Pilot
Section 4002 amends the Food and Nutrition Act of 2008 (as
amended by Section 4001) by adding at the end, section 31,
which establishes a pilot project through which authorized
retail food stores may provide bonuses to participating SNAP
households based on household purchases of fruits, vegetables,
and milk. Retail food stores participating in the pilot project
may be reimbursed in an amount not to exceed 25 percent of the
dollar value of bonuses earned by households and used to
purchase SNAP-eligible foods. Section 4002 directs the
Secretary to provide no more than $120,000,000 annually for
such reimbursements.
Sec. 4003. Gus Schumacher Food Insecurity Nutrition Incentive Program
Subsection (a) amends section 4405 of the Food,
Conservation, and Energy Act of 2008 to rename the program the
Gus Schumacher Food Insecurity Nutrition Incentive Program. The
subsection also amends the program by limiting the program
incentives to financial incentives, updating program
priorities, and requiring the Secretary to consult with the
Director of the National Institute of Food and Agriculture to
establish a training, evaluation, and information center for
use by program grantees. Subsection (a) reauthorizes the
program through fiscal year 2023 and provides mandatory funding
levels of $45,000,000 for fiscal year 2019; $50,000,000 for
fiscal year 2020; $55,000,000 for fiscal year 2021; $60,000,000
for fiscal year 2022; and $65,000,000 for 2023 and each fiscal
year thereafter.
Subsection (b) makes a conforming amendment to the table of
contents of the Food, Conservation, and Energy Act of 2008 to
reflect the change of the program name made under subsection
(a).
Sec. 4004. Re-evaluation of Thrifty Food Plan
Section 4004 amends section 3(u) of the Food and Nutrition
Act of 2008 to, by 2022, and at five-year intervals, require a
re-evaluation and publication of the Thrifty Food Plan.
Sec. 4005. Food distribution programs on Indian reservations.
Section 4005 amends section 4(b) of the Food and Nutrition
Act of 2008 to strike surveying and reporting requirements
regarding traditional foods, to include regionally-grown in
addition to traditional and locally-grown foods, and to allow
appropriated funds for the program to remain available for two
fiscal years.
Sec. 4006. Update to categorical eligibility
Section 4006 amends section 5(a) and 5(j) of the Food and
Nutrition Act of 2008 such that categorical eligibility may
only be used in instances where a beneficiary is receiving
either cash assistance or ongoing and substantial services such
as transportation, childcare, counseling, or other services
funded under part A of title IV of the Social Security Act with
an income eligibility limit of not more than 130% (200% for
elderly or disabled) of the poverty line.
Sec. 4007. Child support; cooperation with child support agencies
Subsection (a) of section 4007 amends section 5(e) of the
Food and Nutrition Act of 2008, striking the State option to
provide a deduction from income for child support payments,
therefore requiring all states to provide an exclusion for
child support payments.
Subsection (b) of section 4007 amends section 6(l)(1) and
6(m)(1) of the Food and Nutrition Act of 2008 to eliminate the
State option of child support cooperation for custodial and
noncustodial parents, thus requiring cooperation. Subsection
(b) also strikes section 6(n), eliminating SNAP
disqualification for child support arrears.
Sec. 4008. Basic allowance for housing
Subsection (a) amends section 5(d) of the Food and
Nutrition Act of 2008 to exclude up to $500 of a housing
allowance received under section 403 of title 37 of the United
States Code from any calculation of income when determining
eligibility to participate in the supplemental nutrition
assistance program.
Subsection (b) amends section 5(e)(6)(A) of the Food and
Nutrition Act of 2008 so a household that receives the
allowance covered by section 403 of title 37 of the United
States Code can only claim expenses in excess of that allowance
when determining the household's expenses for the excess
shelter deduction.
Sec. 4009. Earned income deduction
Section 4009 amends section 5(e)(2)(B) of the Food and
Nutrition Act of 2008 to increase from 20 to 22 the percentage
of a household's earned income that may be deducted for
purposes of calculating of income when determining eligibility
to participate in the supplemental nutrition assistance
program.
Sec. 4010. Simplified homeless housing costs
Section 4008 amends section 5(e)(6)(D) of the Food and
Nutrition Act of 2008 to require that States provide a
simplified homeless housing deduction of $143, adjusted for
inflation, for homeless individuals not receiving free housing
during the month.
Sec. 4011. Availability of Standard Utility Allowances based on receipt
of energy assistance
Subsection (a) of section 4011 amends section
5(e)(6)(C)(iv)(I) of the Food and Nutrition Act of 2008 by
limiting the availability of the Standard Utility Allowance for
heating and cooling costs to those households consisting of an
elderly member. Subsection (a) also makes a conforming
amendment to Section 2605(f)(2)(A) of the Low-Income Home
Energy Assistance Act.
Subsection (b) of section 4011 amends section 5(k)(4) of
the Food and Nutrition Act of 2008 so that third party energy
assistance payments are considered money payable directly to
households without an elderly member for purposes of
calculating exclusions to income, and are no longer considered
out-of-pocket expenses for such households for determination of
the excess shelter expense deduction.
Sec. 4012. Adjustment to asset limitations
Section 4012 amends section 5(g)(1) of the Food and
Nutrition Act of 2008 by increasing from $2,000 to $7,000 the
maximum allowable value of assets for participating households,
and from $3,000 to $12,000 for households including an elderly
or disabled member. Such levels shall be adjusted for
inflation.
Sec. 4013. Updated vehicle allowance
Section 4013 amends section 5(g) of the Food and Nutrition
Act of 2008 to require all States to exclude $12,000 (adjusted
annually for inflation) of the value of one vehicle per
licensed driver from household asset calculations. The section
also strikes the alternative vehicle allowance.
Sec. 4014. Savings excluded from assets
Section 4014 amends section 5(g) of the Food and Nutrition
Act of 2008 to exclude up to $2,000 (adjusted annually for
inflation) in savings from household assets in determining
eligibility for the supplemental nutrition assistance program.
Sec. 4015. Workforce solutions
Subsection (a) of section 4015 amends section 6(d) of the
Food and Nutrition Act of 2008 to require individuals age 18 to
59 to work, participate in employment and training or a work
program, or any combination of work, participation in
employment and training or a work program a minimum of 20 hours
per week in fiscal years 2021 through 2025 and 25 hours per
week in fiscal year 2026 and each fiscal year thereafter. The
subsection also establishes a two-year transition period for
State implementation and enforcement of the updated work
requirement; establishes a revised ineligibility process
allowing one month for initial compliance, requiring a 12-month
ineligibility period for the first violation of the work
requirement, and a 36-month ineligibility period for subsequent
violations unless an individual obtains employment sufficient
to meet the hourly requirement or is no longer subject to the
work requirements at an earlier time; modifies the criteria
that States may use to request a geographic waiver of the work
requirements; updates the ``15-percent'' exemption criteria and
process; strikes provisions related to the selection of a head
of household; requires States to offer minimum services in
employment and training (including offering case management
services) so that every covered individual may meet the work
requirements, and updates components of employment and training
programs.
Subsection (b) of 4015 makes conforming amendments to
section 5(d)(14) of the Food and Nutrition Act of 2008, section
51(d)(8)(A)(ii) of the Internal Revenue Code of 1986; and
sections 103(a)(2) and 121(b)(2)(B) of the Workforce Innovation
and Opportunity Act.
Subsection (c) of section 4015 amends section 6(e)(5) of
the Food and Nutrition Act of 2008 to exempt from the work
requirement students who are caretakers of an incapacitated
person. The subsection also strikes section 6(o) pertaining to
the current ABAWD time limit and accompanying waivers and
exemptions.
Subsection (d) of section 4015 makes conforming amendments
to Section 6 and 7(i)(1) of the Food and Nutrition Act of 2008.
Subsection (e) of section 4015 amends section 11(e)(19) of
the Food and Nutrition Act of 2008 to update the information
required in the State plan regarding employment and training.
Subsection (f) of section 4015 amends section 16(h) of the
Food and Nutrition Act of 2008 to provide $250,000,000 in
fiscal year 2020 and $1,000,000,000 for each fiscal year
thereafter for employment and training programs; adjusts the
minimum allocation for each state to not less than $100,000;
and reserves up to $150,000,000 each year for eligible
providers under section 122 of the Workforce Innovation and
Opportunity Act who provide services for supplemental nutrition
assistance program participants to meet work requirements.
Subsections (g) and (h) of section 4015 repeals section
16(b) and section 20 of the Food and Nutrition Act of 2008, and
makes related conforming amendments.
Sec. 4016. Modernization of Electronic Benefit Transfer regulations
Section 4015 amends section 7(h)(2) of the Food and
Nutrition Act of 2008 to allow for periodic review of EBT
regulations taking into account evolving technology, recipient
access and ease of use, and alternatives for securing
transactions.
Sec. 4017. Mobile technologies
Section 4017 amends section 7(h)(14) of the Food and
Nutrition Act of 2008 to require the availability of use of
mobile technologies for the redemption of supplemental
nutrition assistance program benefits pending the completion of
up to five authorized demonstration projects, unless the
Secretary makes a determination that implementation requires
further study, or is not in the best interest of the
supplemental nutrition assistance program. If the Secretary
makes such a determination, a report must be submitted to
Congress that justifies the finding.
Sec. 4018. Processing fees
Subsection (a) of section 4018 amends section 7(h)(13) of
the Food and Nutrition Act of 2008 to affirm that neither a
State, nor any agent, contractor, or subcontractor can charge
any fee for switching or routing supplemental nutrition
assistance program benefits.
Subsection (b) of section 4018 makes a conforming amendment
to define the term ``switching'' within section 7(j)(1)(H) of
the Food and Nutrition Act of 2008.
Sec. 4019. Replacement of EBT cards
Section 4019 amends section 7(h)(8)(B)(ii) of the Food and
Nutrition Act of 2008 to require the head of household to
review program rights and responsibilities after two or more
lost cards in a 12-month period.
Sec. 4020. Benefit recovery
Section 4019 amends section 7(h)(12) of the Food and
Nutrition Act of 2008 to adjust benefit storage from six to
three months and benefit expungement from 12 to six months, or
upon verification that all members of a household are deceased.
Sec. 4021. Requirements for online acceptance of benefits
Subsection (a) of section 4020 amends section 3(o)(1) of
the Food and Nutrition Act of 2008 to include online entities
within the definition of ``retail food store''.
Subsection (b) of section 4020 amends section 7(k) of the
Food and Nutrition Act of 2008 to strike the required report to
Congress, and require the nationwide implementation of the
online acceptance of benefits.
Sec. 4022. National gateway
Subsection (a) of Section 4022 amends section 7(d) of the
Food and Nutrition Act of 2008 to expand the parties for which
the Secretary shall implement controls over related to the
delivery of benefits. The subsection also adds a section 7(l)
to the Food and Nutrition Act of 2008 to require the routing of
all SNAP transactions through a national gateway for the
purposes of transaction validation and settlement, pending
completion of a feasibility study; provides funds of
$10,500,000 in fiscal year 2019 and $9,500,000 in fiscal years
2020 through 2023; requires that the national gateway be
sustained through the payment of fees by benefit issuers and
third-party processors to the gateway operator, and requires
the Secretary to monitor such fees.
Subsection (b) of Section 4022 amends section 9(c) of the
Food and Nutrition Act of 2008 to require retail food stores
and wholesale food concerns to submit contracts for electronic
benefit transfer services and equipment and records necessary
to validate the FNS authorization number.
Sec. 4023. Access to State systems
Section 4023 amends sections 11(a)(3)(B) and 16 of the Food
and Nutrition Act of 2008 to require that all State records and
the entire information systems in which the records are
contained are made available for inspection and audit by the
Secretary, subject to security protocols agreed to by the State
and the Secretary, for purposes of program oversight.
Sec. 4024. Transitional benefits
Section 4024 amends section 11(s) of the Food and Nutrition
Act of 2008 by requiring states to offer transitional benefits
for households that cease to receive cash assistance, for five
months after the date on which cash assistance is terminated.
Sec. 4025. Incentivizing technology modernization
Section 4025 amends section 11(t) of the Food and Nutrition
Act of 2008 to limit grants to funding for simplified
supplemental nutrition assistance program application and
eligibility determination systems, and to update the allowed
types of projects.
Sec. 4026. Supplemental Nutrition Assistance Program Benefit Transfer
Transaction Data Report
Section 4026 amends section 9 of the Food and Nutrition Act
of 2008 to require the Secretary, not more often than every two
years, to collect a sample of retail food store transaction
data to be summarized and reported in a manner that prevents
identification of individual retail food store chains and SNAP
participants.
Sec. 4027. Adjustment to percentage of recovered funds retained by
States
Section 4027 amends section 16(a) of the Food and Nutrition
Act of 2008 to increase from 35 to 50 percent the amount of
recovered funds States are permitted to retain, and authorizes
such funds to be used for supplemental nutrition assistance
program investments in technology, improvements in
administration and distribution, and actions to prevent fraud.
Sec. 4028. Tolerance level for payment errors
Section 4028 amends section 16(c)(1) of the Food and
Nutrition Act of 2008 to adjust the tolerance level for payment
errors from $37 to $0.
Sec. 4029. State performance indicators
Section 4029 amends section 16(d) of the Food and Nutrition
Act of 2008 to repeal bonuses for States that demonstrate high
or most improved performances for fiscal year 2018 and each
fiscal year thereafter, while retaining requirements regarding
performance criteria including actions taken to correct payment
errors, reduce error rates, and improve eligibility
determinations.
Sec. 4030. Public-private partnerships
Section 4030 amends Section 17 of the Food and Nutrition
Act by permitting not more than 10 pilot projects to support
public-private partnerships that address food insecurity and
poverty. The section authorizes appropriations of $5,000,000 to
carry out the projects, to remain available until expended.
Sec. 4031. Authorization of appropriations
Section 4031 amends section 18(a)(1) of the Food and
Nutrition Act of 2008 to extend the authorization of
appropriations through 2023.
Sec. 4032. Emergency food assistance
Section 4032 amends section 27(a) of the Food and Nutrition
Act of 2008 to provide $60,000,000 in funding for fiscal years
2019 through 2023, and to establish a Farm-to-Food-Bank fund
through which $20,000,000 of the funds made available in the
section are distributed to States to be used to procure, or to
enter into agreements with food banks to procure excess fresh
fruits and vegetables grown in the State or surrounding region
to be provided to eligible recipient agencies under Section
201A(3) of the Emergency Food Assistance Act of 1983.
Sec. 4033. Nutrition education
Subsection (a) of section 4033 amends section 28 of the
Food and Nutrition Act of 2008 to define 1862 and 1890
institutions as eligible institutions for purposes of carrying
out the program; directs the Secretary, acting through the
Administrator of the National Institute of Food and
Agriculture, in consultation with the Administrator of the Food
and Nutrition Service, to implement the program; requires
eligible institutions to the extent practicable, to provide for
the employment and training of professional and
paraprofessional aides from the target population to engage in
direct nutrition education, and to partner with other public
and private entities as appropriate to optimize program
delivery; increases mandatory funding for the program to
$485,000,000 beginning in fiscal year 2019; authorizes
additional appropriations for the program of $65,000,00 for
fiscal years 2019 through 2023; updates the allocation of funds
so that, beginning in fiscal year 2019, funds are allocated
based solely on States' SNAP populations; and limits
administrative costs for eligible intuitions to 10 percent.
Subsection (b) of section 4033 amends section
18(a)(3)(A)(ii) to reflect the repeal of the Expanded Food and
Nutrition Education Program by section 7110 of this Act.
Sec. 4034. Retail food store and recipient trafficking.
Section 4034 amends section 29(c)(1) of the Food and
Nutrition Act of 2008 to extend funding through 2023.
Sec. 4035. Technical corrections.
Section 4035 makes technical corrections to sections 3, 5,
8, 10, 11, 15, 17, 25, and 26 of the Food and Nutrition Act of
2008.
Sec. 4036. Implementation funds
Section 4036 provides, out of any funds made available
under section 18(a) of the Food and Nutrition Act of 2008 for
fiscal year 2019, $150,000,000, to remain available until
expended to be used by the Secretary in carrying out the
amendments made by Subtitle A.
SUBTITLE B--COMMODITY DISTRIBUTION PROGRAMS
Sec. 4101. Commodity Distribution Program
Section 4101 amends section 4(a) of the Agriculture and
Consumer Protection Act of 1973 to extend the authority for the
Secretary to purchase and distribute agricultural commodities
through 2023.
Sec. 4102. Commodity Supplemental Food Program
Section 4102 amends section 5 of the Agriculture and
Consumer Protection Act of 1973 to provide funding to allow the
Secretary to continue to carry out the Commodity Supplemental
Food Program through 2023.
Sec. 4103. Distribution of surplus commodities to special nutrition
projects
Section 4103 amends section 1114(a)(2)(A) of the
Agriculture and Food Act of 1981 to reauthorize the program
through 2023.
SUBTITLE C--MISCELLANEOUS
Sec. 4201. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions
Section 4201 amends section 10603(b) of the Farm Security
and Rural Investment Act of 2002 to extend funding through
2023.
Sec. 4202. Seniors Farmers' Market Nutrition Program
Section 4202 amends section 4402(a) of the Farm Security
and Rural Investment Act of 2002 to extend funding through
2023.
Sec. 4203. Healthy Food Financing Initiative
Section 4203 amends section 243(d) of the Department of
Agriculture Reorganization Act of 1994 to extend the existing
authorization of appropriations until October 1, 2023.
Sec. 4204. Amendments to the Fruit and Vegetable School Lunch Program
Section 4204 amends Section 19 of the Richard B. Russell
National School Lunch Act to provide grants for providing
fresh, canned, frozen, and pureed fruits and vegetables in
elementary schools.
TITLE V--CREDIT
SUBTITLE A--FARM OWNERSHIP LOANS
Sec. 5101. Modification of the 3-year experience eligibility
requirement for farm ownership loans
Section 5101 amends Section 302(b) of the Consolidated Farm
and Rural Development Act to expand eligibility for direct farm
ownership loans by adding a list of criteria that can be deemed
adequate for an applicant to meet or reduce the necessary
experience requirements.
Sec. 5102. Conservation loan and loan guarantee program
Section 5101 amends Section 304(h) of the Consolidated Farm
and Rural Development Act to reauthorize appropriations of
$75,000,000 for the program for each fiscal year through fiscal
year 2023.
Sec. 5103. Farm ownership loan limits
Section 5103 amends Section 305(a) of the Consolidated Farm
and Rural Development Act to increase the maximum allowable
indebtedness for guaranteed loans, from $700,000 to $1,750,000
adjusted for inflation beginning in fiscal year 2019.
SUBTITLE B--OPERATING LOANS
Sec. 5201. Limitations on amount of operating loans
Section 5201 amends Section 313(a) of the Consolidated Farm
and Rural Development Act to increase the maximum allowable
indebtedness for guaranteed loans, from $700,000 to $1,750,000
adjusted for inflation beginning in fiscal year 2019.
Sec. 5202. Microloans
Section 5202 amends Section 313(c)(2) of the Consolidated
Farm and Rural Development Act to clarify that the $50,000
indebtedness for microloans is limited to the specific
subsection rather than the title.
SUBTITLE C--ADMINISTRATIVE PROVISIONS
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program
Section 5301 amends Section 333B(h) of the Consolidated
Farm and Rural Development Act to reauthorize appropriations of
$5,000,000 for the program for each fiscal year through fiscal
year 2023.
Sec. 5302. Loan authorization levels
Section 5302 amends Section 346(b)(1) of the Consolidated
Farm and Rural Development Act to reauthorize existing funding
levels for loan programs through 2023.
Sec. 5303. Loan fund set-asides
Section 5303 amends Section 346(b)(2)(A)(ii)(III) of the
Consolidated Farm and Rural Development Act to extend the 50%
operating loan funds set aside for qualified beginning farmers
and ranchers through 2023.
SUBTITLE D--TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT
Sec. 5401. Technical corrections to the Consolidated Farm and Rural
Development Act
Section 5401(a) amends Section 310E(d)(3) of the
Consolidated Farm and Rural Development Act to clarify
Congressional intent and resolve ambiguity from prior
amendments to the Act.
Section 5401(b) amends Section 321(a) of the Consolidated
Farm and Rural Development Act to clarify Congressional intent
and resolve ambiguity from prior amendments to the Act.
Section 5401(c) amends Section 331D(e) of the Consolidated
Farm and Rural Development Act to clarify Congressional intent
and execute a prior amendment that could not be executed
because of technical errors.
Section 5401(d) amends Section 333A(f)(1)(A) of the
Consolidated Farm and Rural Development Act to correct an
erroneous reference.
Section 5401(e) amends Section 339(d)(3) of the
Consolidated Farm and Rural Development Act to capitalize a
defined term to conform with other references to such term.
Section 5401(f) amends Section 343(a)(11)(C) of the
Consolidated Farm and Rural Development Act to clarify
Congressional intent and conform phrasing within the section.
Section 5401(g) amends Section 343(b) of the Consolidated
Farm and Rural Development Act to correct an erroneous
reference.
Section 5401(h) amends Section 346(a) of the Consolidated
Farm and Rural Development Act by striking an errant comma.
SUBTITLE E--AMENDMENTS TO THE FARM CREDIT ACT OF 1971
Sec. 5501. Elimination of obsolete references
Section 5501(a) amends Section 1.2(a) of the Farm Credit
Act of 1971 to update the list of Farm Credit System
institutions to include Agricultural Credit Banks, Agricultural
Credit Associations, the Federal Farm Credit Banks Funding
Corporation, Federal land credit associations, service
corporations, and the Federal Agricultural Mortgage
Corporation.
Section 5501(b) repeals Section 2.4(d) of the Farm Credit
Act of 1971 which applies to a unique chartering situation that
has been resolved.
Section 5501(c) amends Section 3.0 of the Farm Credit Act
of 1971 to remove an obsolete reference to the Central Bank for
Cooperatives and the required location of such bank.
Section 5501(d) amends Section 3.2(a)(1) of the Farm Credit
Act of 1971 to strike an obsolete reference to the United Bank
of Cooperatives and National Bank of Cooperatives and clarifies
the applicability of section 7.12(c) to merged banks for
cooperatives.
Section 5501(e) amends Section 3.2(a)(2)(A) of the Farm
Credit Act of 1971 to strike an obsolete reference to the
National Bank for Cooperatives.
Section 5501(f) amends Section 3.2 of the Farm Credit Act
of 1971 to repeal subsection (b) regarding requirements for the
board of directors of the now-obsolete Central Bank for
Cooperatives.
Section 5501(g) amends Section 3.5 of the Farm Credit Act
of 1971 to strike an obsolete reference to district banks.
Section 5501(h) amends Section 3.7(a) of the Farm Credit
Act of 1971 to strike an obsolete reference to the Central Bank
for Cooperatives.
Section 5501(i) amends Section 3.8(b)(1)(A) of the Farm
Credit Act of 1971 to update an obsolete reference to the Rural
Electrification Administration.
Section 5501(j) amends Section 3.9(a) of the Farm Credit
Act of 1971 to strike an obsolete reference to the Central Bank
for Cooperatives.
Section 5501(k) amends Section 3.10(c) of the Farm Credit
Act of 1971 to strike an obsolete reference to the Central Bank
for Cooperatives.
Section 5501(l) amends Section 3.10(d) of the Farm Credit
Act of 1971 to strike an obsolete reference to district banks.
Section 5501(m) amends Section 3.11 of the Farm Credit Act
of 1971 in subsection (b) by striking an obsolete reference to
district banks and by striking subsection (c) which includes an
obsolete reference to the Central Bank for Cooperatives.
Section 5501(n) amends the heading for part B of title III
of the Farm Credit Act of 1971 to strike an obsolete reference
to the United Bank for Cooperatives.
Section 5501(o) amends Section 3.20(a) of the Farm Credit
Act of 1971 to strike an obsolete reference to the United Bank
for Cooperatives.
Section 5501(p) amends Section 3.20(b) of the Farm Credit
Act of 1971 to update obsolete references to the Central Bank
for Cooperatives and district banks.
Section 5501(q) repeals Section 3.21 of the Farm Credit Act
of 1971 regarding the obsolete requirements for the board of
directors for consolidated banks.
Section 5501(r) amends Section 3.28 of the Farm Credit Act
of 1971 to update an obsolete reference to the Central Bank for
Cooperatives.
Section 5501(s) repeals Section 3.29 from the Farm Credit
Act of 1971 regarding an obsolete reporting requirement for
merged banks for cooperatives.
Section 5501(t) repeals Section 4.0 of the Farm Credit Act
of 1971 regarding the now-defunct revolving fund made available
to the Farm Credit Administration and to the now-defunct
Assistance Board.
Section 5501(u) amends Section 4.8 of the Farm Credit Act
of 1971 by striking subsection (b) regarding an expired
authority.
Section 5501(v) amends Section 4.9(d)(2) of the Farm Credit
Act of 1971 to prohibit representation from the Farm Credit
System Insurance Corporation on the board of directors of the
Federal Farm Credit Banks Funding Corporation.
Section 5501(w) repeals Section 4.9(e) of the Farm Credit
Act of 1971 to eliminate obsolete transitional authority
regarding the Federal Farm Credit Banks Funding Corporation.
Section 5501(x) amends Section 4.9A(c) of the Farm Credit
Act of 1971 to remove obsolete provisions and update references
within a provision regarding the retirement of eligible
borrower stock at par value.
Section 5501(y) amends Section 4.12A(a)(1) of the Farm
Credit Act of 1971 to update references within a provision
regarding request for stockholder lists.
Section 5501(z) amends Section 4.14A(a) of the Farm Credit
Act of 1971 to add a cross-reference to section 4.36.
Section 5501(aa) amends Section 4.14A of the Farm Credit
Act of 1971 to strike an outdated reference and repeal
subsection (h) regarding an expired reporting requirement.
Section 5501(bb) repeals Section 4.14C of the Farm Credit
Act of 1971 regarding loan restructuring by a Farm Credit
System institution that was receiving financial assistance from
the now-defunct Assistance Board.
Section 5501(cc) amends Section 4.17 of the Farm Credit Act
of 1971 to strike an obsolete reference to ``Federal
intermediate credit banks''.
Section 5501(dd) amends Section 4.19(a) of the Farm Credit
Act of 1971 to strike obsolete references.
Section 5501(ee) amends Section 4.38 of the Farm Credit Act
of 1971 to remove an obsolete reference to the now-defunct
Assistance Board.
Section 5501(ff) amends Section 5.17(a)(2) of the Farm
Credit Act of 1971 to strike a reference to an obsolete
situation.
Section 5501(gg) repeals Section 5.18 of the Farm Credit
Act of 1971 which sunset 12 months after enactment of the Farm
Credits Amendments Act of 1985.
Section 5501(hh) amends Section 5.19(a) of the Farm Credit
Act of 1971 to remove language that authorizes the Farm Credit
Administration to examine Federal land bank associations less
frequently than other Farm Credit System institutions.
Section 5501(ii) amends Section 5.19(b) of the Farm Credit
Act of 1971 to strike obsolete authorities that have sunset and
a provision regarding the now-defunct Assistance Board.
Section 5501(jj) amends Section 5.35(4) of the Farm Credit
Act of 1971 to strike obsolete references to dates and to the
now-defunct Assistance Board.
Section 5501(kk) amends Section 5.38 of the Farm Credit Act
of 1971 to remove obsolete references including a reference to
the now-defunct farm credit district board.
Section 5501(ll) repeals Section 5.44 of the Farm Credit
Act of 1971 regarding an obsolete requirement for a GAO report.
Section 5501(mm) amends Section 5.58(2) of the Farm Credit
Act of 1971 to remove obsolete references to the now-defunct
Assistance Board.
Section 5501(nn) amends Title VI of the Farm Credit Act of
1971 to repeal Subtitle A which authorizes the now-defunct
Assistance Board.
Section 5501(oo) amends Subtitle B of the Farm Credit Act
of 1971 to insert section 6.32 to authorize the termination of
the Subtitle on December 31, 2018.
Section 5501(pp) amends Section 7.9 of the Farm Credit Act
of 1971 to repeal subsection (c) regarding an obsolete
authority for stockholders to seek reconsideration of
association mergers.
Section 5501(qq) amends Section 7.10(a)(4) of the Farm
Credit Act of 1971 to remove an obsolete reference.
Section 5501(rr) amends Section 8.0(2) of the Farm Credit
Act of 1971 to update the definition of ``board'' to reflect
its meaning in Section 8.2.
Section 5501(ss) makes conforming amendments to Section 8.0
of the Farm Credit Act of 1971.
Section 5501(tt)(1) amends Section 8.2 of the Farm Credit
Act of 1971 to repeal subsection (a), which pertains the now-
defunct interim board of Farmer Mac, amend subsection (b)(1) to
remove obsolete transition provisions, repeal subsection (b)(3)
which pertains to the timing of the initial selection of the
permanent board, and to make necessary conforming amendments.
Section 5501(tt)(2) amends Section 8.4(a)(1) of the Farm
Credit Act of 1971 to move a provision from the deleted
paragraph (9) of section 8.2 regarding the offering and
distribution of voting common stock of Farmer Mac to paragraph
(1) of Section 8.4(a) and to make necessary and conforming
amendments.
Section 5501(uu) amends Section 8.6 of the Farm Credit Act
of 1971 to repeal now-obsolete subsection (d).
Section 5501(vv) amends Section 8.32(a) of the Farm Credit
Act of 1971 to remove outdated transition periods.
Section 5501(ww) amends Section 8.35 of the Farm Credit Act
of 1971 to repeal now-obsolete subsection (e).
Section 5501(xx) repeals now-obsolete Section 8.38 of the
Farm Credit Act of 1971.
Sec. 5502. Conforming repeals
Section 5502(a) amends the Agricultural Marketing Act to
repeal now-obsolete Sections 4, 5, 6, 7, 8, 14, and 15
regarding the operation of the Farm Credit Administration.
Section 5502(b) repeals the Act of June 22, 1939 which
provided terms for loans from the now-defunct Farm Credit
Administration revolving fund.
Section 5502(c) amends Section 201 of the Emergency Relief
and Construction Act of 1932 by repealing subsection (e) which
provides conditions for the now-obsolete structure of the Farm
Credit System.
Section 5502(d) amends the Act of July 14, 1953 to repeal
section 2 which provides certain terms and conditions for loans
for which the authorization was repealed in 1961.
Section 5502(e) amends the Farm Credit Act of 1937 to
repeal sections 32 through 34 which relate to the now-defunct
regional agricultural credit corporations.
Section 5502(f) amends the Act of March 3, 1932 by
repealing sections 1 through 4 which relate to the now-obsolete
authority for the Governor of the Farm Credit Administration to
make loans to the now-defunct local agricultural-credit
corporations and livestock-loan companies.
Sec. 5503. Facility headquarters
Section 5503 amends Section 5.16 of the Farm Credit Act of
1971 by moving language regarding the location of the Farm
Credit Administration headquarters from Section 4 of the
Agricultural Marketing Act to Section 5.16(a) of the Farm
Credit Act of 1971.
Sec. 5504. Sharing privileged and confidential information
Section 5504 amends Section 5.19 of the Farm Credit Act of
1971 by inserting a new subsection (e) which provides authority
for Farm Credit System institutions to provide privileged
communications they have with attorneys or accountants to the
Farm Credit Administration without losing the ability assert
the privilege with respect to others.
Sec. 5505. Scope of jurisdiction
Section 5505 amends title V of the Farm Credit Act of 1971
by inserting a new section 5.31A which provides authority for
the Farm Credit Administration to hold ``institution-affiliated
parties'' accountable for violations of laws and regulations
governing the Farm Credit System even after such individuals
and entities are no longer an ``institution-affiliated party.''
Sec. 5506. Definition
Section 5506 amends Section 5.35 of the Farm Credit Act of
1971 to define ``institution-affiliated party.''
Sec. 5507. Expansion of acreage exception to loan amount limitation
Section 5507 amends Section 8.8(c)(2) of the Farm Credit
Act of 1971 by increasing from 1,000 to 2,000 the acreage
limitation under the acreage exception applicable to qualified
loans under Section 8.8. The amendment does not become
effective until one year after the Farm Credit Administration
submits to Congress a study indicating the feasibility of such
an increase.
Sec. 5508. Compensation of bank directors
Section 5508 repeals Section 4.21 of the Farm Credit Act of
1971 which relates the compensation of members of boards of
directors of Farm Credit System banks.
Sec. 5509. Prohibition on use of funds
Section 5509 amends section 5.65 of the Farm Credit Act of
1971 to insert new subsection (e) to clarify that no funds from
administrative accounts from the Farm Credit Insurance Fund may
be used by the Corporation to provide assistance to the Federal
Agricultural Mortgage Corporation, or to support any activities
related to the Federal Agricultural Mortgage Corporation.
SUBTITLE F--MISCELLANEOUS
Sec. 5601. State agricultural mediation programs
Section 5601 amends Section 506 of the Agricultural Credit
Act of 1987 to extend the authorization of appropriations of
$7,500,000 for each fiscal year to carry out the program
through 2023.
Sec. 5602. Study on loan risk
Section 5602 requires that the Farm Credit Administration
conduct a study that analyzes and compares the financial risks
inherent in loans made, held, securitized, or purchased by Farm
Credit banks, associations, and the Federal Agricultural
Mortgage Corporation, and how such risks are required to be
capitalized under current statute and regulations, and that
assesses the feasibility of increasing the acreage exception
provided in section 8.8(c)(2) of the Farm Credit Act of 1971 to
2,000 acres. The results of the study must be shared with
Congress no later than 180 days after enactment of this
provision.
TITLE VI--RURAL INFRASTRUCTURE AND ECONOMIC DEVELOPMENT
SUBTITLE A--IMPROVING HEALTH OUTCOMES IN RURAL COMMUNITIES
Sec. 6001. Prioritizing projects to meet health crises in rural America
Section 6001(a) amends Title VI of the Rural Development
Act of 1972 to include a new section which provides the
Secretary the authority to announce a renewable, one-year,
temporary reprioritization for certain rural development loan
and grant applications to assist rural communities in
responding to a specific rural health emergency. It requires
the Secretary to issue an announcement that specifies the
emergency, and to provide notice to the relevant congressional
committees and the Secretary of Health and Human Services.
Section 6001(b) amends Section 2333(c) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to provide
that, pursuant to an announcement under subsection (a), at
least 10 percent of Distance Learning and Telemedicine Program
funds are reserved for projects that address the rural health
emergency.
Section 6001(c) amends Section 306(a) of the Consolidated
Farm and Rural Development Act to provide that, pursuant to an
announcement under subsection (a), Community Facilities Program
funds may be prioritized for projects that address the rural
health emergency, including facilities that provide prevention,
treatment, and recovery services.
Section 6001(d) amends Section 502(i) of the Rural
Development Act of 1972 to provide that, pursuant to an
announcement under subsection (a), Rural Health and Safety
Education Program funds may be prioritized for projects that
address the rural health emergency.
Sec. 6002. Distance learning and telemedicine
Section 6002 amends section 2335A of the Food, Agriculture,
Conservation, and Trade Act of 1990 by increasing the
authorization of appropriations to $82,000,000 per fiscal year
and reauthorizing the program through 2023.
Sec. 6003. Reauthorization of the Farm and Ranch Stress Assistance
Network
Section 6003 amends Section 7522 of the Food, Conservation,
and Energy Act of 2008 by making technical changes, providing
for new reporting requirements, and reauthorizing the program
through 2023.
Sec. 6004. Supporting agricultural association health plans
Section 6004(a) establishes a new loan and grant program to
assist in the establishment of agricultural association health
plans.
Section 6004(b) provides the Secretary with the authority
to make not more than 10 loans for the purposes of establishing
agricultural association health plans, and provides for the
terms of such loans.
Section 6004(c) provides the Secretary with the authority
to make grants for the purposes of providing technical
assistance in establishing agricultural association health
plans.
Section 6004(d) authorizes a one-time appropriation of
$65,000,000 to be available until expended from 2019 through
2022.
Section 6004(e) provides the definitions for terms used in
this section.
SUBTITLE B--CONNECTING RURAL AMERICANS TO HIGH SPEED BROADBAND
Sec. 6101. Establishing forward-looking broadband standards
Section 6101 amends Section 601 of the Rural
Electrification Act of 1936 to require the Secretary to
promulgate a current minimum acceptable standard of broadband
service, as well as projections of minimum acceptable standards
of service for 5, 10, 15, 20, and 30 years into the future. The
section further prohibits the Secretary from making any loan to
finance a project that cannot meet the projected minimum
acceptable standard of service equal to the length of the loan.
This section also allows the Secretary and the applicant to
agree to substitute standards if the standards are cost-
prohibitive to meet. Finally, it requires the Secretary to
require, for the lifetime of the loan, that the project is
capable of meeting either the minimum standard currently in
effect or the projected standard in place at the time the loan
was agreed to.
Sec. 6102. Incentives for hard to reach communities
Section 6102 amends Title VI of the Rural Electrification
Act of 1936 to include a new section that creates a grant
program for borrowers under Title I, II, or VI of the Rural
Electrification Act who are financing rural broadband projects
that provide retail service. The section establishes a density
formula used to qualify for certain grant amounts. The section
provides that applicants which meet certain maximum density
thresholds are eligible for a grant to be an increasing
percentage of the total award.
Sec. 6103. Requiring guaranteed broadband lending
Section 6103 amends section 601(c)(1) of the Rural
Electrification Act of 1936 to require the Secretary to provide
both a direct lending program and a guaranteed lending program
to finance rural broadband projects.
Sec. 6104. Smart utility authority for broadband
Section 6104(a) amends section 331 of the Consolidated Farm
and Rural Development Act to allow a recipient of certain
grants, loans, or loan guarantees to use not more than 10
percent of the amount for rural broadband infrastructure
projects, including both retail and non-retail activities.
Section 6104(b) amends Title I of the Rural Electrification
Act of 1936 include a new section to allow a recipient of
certain grants, loans or loan guarantees to set aside not more
than 10 percent of the amount for retail broadband service.
This subsection requires that any funds used for retail
broadband service must meet the minimum acceptable level of
broadband service.
Sec. 6105. Modifications to the Rural Gigabit Program
Section 6105 amends section 603 of the Rural
Electrification Act of 1936 to authorize the Innovative
Broadband Advancement Program, in place of the Rural Gigabit
Network Pilot Program, from 2019 through 2023. It provides
grants, loans or both to eligible entities for the purpose of
demonstrating innovative broadband technologies or methods of
broadband deployment that significantly reduce the cost of
broadband deployment. Finally, this section provides for
eligibility requirements and prioritization of awarding
assistance.
Sec. 6106. Unified broadband reporting requirements
Section 6106 amends section 601(j) and (k)(2) of the Rural
Electrification Act of 1936 to require the Secretary to submit
a single report to Congress describing all the broadband
financing activities administered by the Secretary.
Sec. 6107. Improving access by providing certainty to broadband
borrowers
Section 6107(a) amends title II of the Rural
Electrification Act of 1936 to permit the Secretary to obligate
funds to approved applications while conditioning the
disbursement of funds on the successful completion of
environmental, historic, or other reviews of the project.
Further, it permits the Secretary to deobligate funds if the
reviews cannot be completed in a reasonable amount of time.
Section 6107(b) amends section 601(d) of the Rural
Electrification Act of 1936 to permit the Secretary to obligate
funds to approved applications while conditioning the
disbursement of funds on the successful completion of
environmental, historic, or other reviews of the project.
Further, it permits the Secretary to deobligate funds if the
reviews cannot be completed in a reasonable amount of time.
Sec. 6108. Simplified application window
Section 6108 amends section 601(c)(2)(A) of the Rural
Electrification Act of 1936 to require the Secretary to require
one application period per year for the broadband loan program.
Sec. 6109. Elimination of requirement to give priority to certain
applicants
Section 6109 amends section 601(c)(2) of the Rural
Electrification Act of 1936 to eliminate an unused priority
category.
Sec. 6110. Modification of buildout requirement
Section 6110 amends section 601(d)(1)(A)(iii) of the Rural
Electrification Act of 1936 to provide 5 years for applicants
to complete the buildout of a project financed under this
section.
Sec. 6111. Improving borrower refinancing options
Section 6111(a) amends section 201 of the Rural
Electrification Act of 1936 to permit the Telephone Loan
Program to refinance loans made under section 601 of this Act.
Section 6111(b) amends section 601(i) of the Rural
Electrification Act of 1936 to permit the Broadband Loan
Program to refinance other telecommunications loans made under
this Act.
Sec. 6112. Elimination of unnecessary reporting requirements
Section 6112 amends section 601(d)(8)(A)(ii) of the Rural
Electrification Act of 1936 to eliminate certain reporting
requirements on borrowers.
Sec. 6113. Access to broadband telecommunications services in rural
areas
Section 6113(1) amends section 601(k) of the Rural
Electrification Act of 1936 by increasing the authorization of
appropriations to $150,000,000 for each of fiscal years 2019
through 2023 and reauthorizing the program through fiscal year
2023.
Section 6113(2) amends section 601(l) of the Rural
Electrification Act of 1936 by delaying the termination of
authority to make loans and loan guarantees until September 30,
2023.
Sec. 6114. Effective date
Section 6114(a) provides that amendments made by this
subtitle shall not take effect until the Secretary has issued
final regulations to implement the amendments.
Section 6114(b) provides that the Secretary has 90 days
after the date of enactment of this Act to finalize regulations
to implement the amendments made by sections 6101 and 6102.
SUBTITLE C--CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT
Sec. 6201. Strengthening regional economic development incentives
Section 6201 amends section 379H of the Consolidated Farm
and Rural Development Act to require the Secretary to reserve a
portion of funds for projects that support the implementation
of a strategic community investment plan and to sets forth the
requirements for such plans. It requires the Secretary provide
technical assistance to communities in developing strategic
community investment plans. Finally this section provides an
authorization of appropriations $5,000,000 for each fiscal year
until 2023 for the purposes of carrying out the technical
assistance.
Sec. 6202. Expanding access to credit for rural communities
Section 6202(a) amends section 343(a)(13) of the
Consolidated Farm and Rural Development Act to ensure that any
community that meets the definition of ``rural'' or ``rural
area'' is eligible for guaranteed loans for certain programs.
Section 6202(b) amends section 601(b)(3)(A)(ii) of the
Rural Electrification Act of 1936 to ensure that any community
that meets the definition of ``rural'' or ``rural area'' is
eligible for guaranteed loans in the rural broadband program.
Sec. 6203. Providing for additional fees for guaranteed loans
Section 6203(a) amends section 333D(b) of the Consolidated
Farm and Rural Development Act to require the Secretary to
collect loan fees on insured or guaranteed loans in amounts
that when combined with any appropriated funds equal the
subsidy on such loans.
Section 6203(b) amends section 601(c) of the Rural
Electrification Act of 1936 to require the Secretary to collect
fees on loan guarantees in amounts that when combined with any
appropriated funds equal the subsidy on such guarantees.
Sec. 6204. Water, waste disposal, and wastewater facility grants
Section 6204 amends section 306(a)(2)(B) of the
Consolidated Farm and Rural Development Act by increasing the
maximum amount for revolving funds for financing water and
wastewater projects to $200,000 while decreasing the
authorization of appropriations to $15,000,000 for each fiscal
year and reauthorizing the program until 2023.
Sec. 6205. Rural water and wastewater technical assistance and training
programs
Section 6204(a) amends section 306(a)(14)(A) of the
Consolidated Farm and Rural Development Act to permit the
Secretary to provide grants to entities which assist eligible
rural water systems with long term sustainability planning.
Section 6204(b) amends section 306(a)(14)(C) of the
Consolidated Farm and Rural Development Act to increase the
set-aside of funds to 3 to 5 percent of funds appropriated.
Sec. 6206. Rural water and wastewater circuit rider program
Section 6206 amends section 306(a)(22)(B) of the
Consolidated Farm and Rural Development Act by increasing the
authorization of appropriations to $25,000,000.
Sec. 6207. Tribal college and university essential community facilities
Section 6207 amends section 306(a)(25)(C) of the
Consolidated Farm and Rural Development Act by decreasing the
authorization of appropriations to $5,000,000 for each fiscal
year and reauthorizes the program until 2023.
Sec. 6208. Emergency and imminent community water assistance grant
program
Section 6208 amends section 306A(i)(1) of the Consolidated
Farm and Rural Development Act by permitting the Secretary to
extend the reservation of funds for an additional 120 days in
order to protect public health. The section further amends
paragraph (2) by reducing the authorization of appropriations
to $27,000,000 for each fiscal year and reauthorizes the
program until 2023.
Sec. 6209. Water systems for rural and native villages in Alaska
Section 6209 amends section 306D(d)(1) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6210. Household water well systems
Section 6210 amends section 306E(d) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6211. Solid waste management grants
Section 6211 amends section 310B(b)(2) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6212. Rural business development grants
Section 6212 amends section 310B(c)(4)(A) of the
Consolidated Farm and Rural Development Act by reauthorizing
the program until 2023.
Sec. 6213. Rural cooperative development grants
Section 6213 amends section 310B(e)(13) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6214. Locally or regionally produced agricultural food products
Section 6214 amends section 310B(g)(9)(B)(iv)(I) of the
Consolidated Farm and Rural Development Act by reauthorizing
the program until 2023.
Sec. 6215. Appropriate technology transfer for rural areas program
Section 6215 amends section 310B(i)(4) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6216. Rural economic area partnership zones
Section 6216 amends section 310B(j) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6217. Intermediary relending program
Section 6217 amends section 310H(e) of the Consolidated
Farm and Rural Development Act by reducing the authorization of
appropriations to $10,000,000 for each fiscal year and
reauthorizing the program until 2023.
Sec. 6218. Exclusion of prison populations from definition of rural
area
Section 6217 amends section 343(a)(13) of the Consolidated
Farm and Rural Development Act by excluding incarcerated prison
populations from inclusion in the determination of whether an
area is ``rural'' or a ``rural area.''
Sec. 6219. National Rural Development Partnership
Section 6219 amends section 378 of the Consolidated Farm
and Rural Development Act by reauthorizing the program until
2023.
Sec. 6220. Grants for NOAA weather radio transmitters
Section 6220 amends section 379B(d) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6221. Rural microentrepreneur assistance program
Section 6221 amends section 379E(d) of the Consolidated
Farm and Rural Development Act by reducing the authorization of
appropriations to $4,000,000 for each fiscal year reauthorizing
the program until 2023.
Sec. 6222. Health care services
Section 6222 amends section 379G(e) of the Consolidated
Farm and Rural Development Act by reauthorizing the program
until 2023.
Sec. 6223. Delta Regional Authority
Section 6223 amends section 382M(a) of the Consolidated
Farm and Rural Development Act by reducing the authorization of
appropriation to $12,000,000 per fiscal year and reauthorizing
the program until 2023.
Sec. 6224. Northern Great Plains Regional Authority
Section 6224 amends section 383N(a) of the Consolidated
Farm and Rural Development Act by reducing the authorization of
appropriation to $2,000,000 for each fiscal year and
reauthorizing the program until 2023.
Sec. 6225. Rural business investment program
Section 6225 amends section 384S of the Consolidated Farm
and Rural Development Act by reauthorizing the program until
2023.
SUBTITLE D--RURAL ELECTRIFICATION ACT OF 1936
Sec. 6301. Guarantees for bonds and notes issued for electrification or
telephone purposes
Section 6301 amends section 313A(f) of the Rural
Electrification Act of 1936 by reauthorizing the program
through 2023.
Sec. 6302. Expansion of 911 access
Section 6302 amends section 315(d) of the Rural
Electrification Act of 1936 by reauthorizing the program
through 2023.
Sec. 6303. Improvements to the guaranteed underwriter program
Section 6303 amends section 313A of the Rural
Electrification Act of 1936 by striking the requirement that
loans be made solely for the purpose of electrification or
telephone purpose under the Act, and requiring instead that
utility infrastructure loans be made to eligible borrowers
(electric cooperatives). In addition, section 313A is amended
to include terms that provide flexibility for the borrower.
Sec. 6304. Extension of the rural economic development loan and grant
program
Section 6304 amends the Rural Electrification Act of 1936
to create a new section 313B, and to consolidate the statutory
description of the Rural Economic Development Loan and Grant
Program in that section. Finally, this section reauthorizes the
program through 2023.
SUBTITLE E--FARM SECURITY AND RURAL INVESTMENT ACT OF 2002
Sec. 6401. Rural energy savings program
Section 6401 amends section 6407 of the Farm Security and
Rural Investment Act of 2002 by directing the Secretary not to
include any other debt incurred in the calculation of a
borrower's debt equity ratio for eligibility purposes,
increasing the interest rate cap, and directing the Secretary
to submit a study to authorizing committees on program
administration. The section reauthorizes the program through
2023.
Sec. 6402. Biobased markets program
Section 6402 amends section 9002(i) of the Farm Security
and Rural Investment Act of 2002 by authorizing appropriations
of $2,000,000 per fiscal year and reauthorizing the program
through 2023. Additionally, the section prohibits other federal
agencies from placing limitations on procurement of wood
products.
Sec. 6403. Biorefinery, renewable, chemical, and biobased product
manufacturing assistance
Section 6403 amends section 9003 of the Farm Security and
Rural Investment Act of 2002 by expanding eligibility of
eligible projects. The section authorizes appropriations of
$75,000,000 per fiscal year and reauthorizing the program
through 2023.
Sec. 6404. Repowering assistance program
Section 6404 amends section 9004 of the Farm Security and
Rural Investment Act of 2002 by limiting payments to an
eligible commodity. The section authorizes appropriations of
$10,000,000 per fiscal year and reauthorizing the program
through 2023.
Sec. 6405. Bioenergy program for advanced biofuels
Section 6405 amends section 9005(g) of the Farm Security
and Rural Investment Act of 2002 by authorizing appropriations
of $50,000,000 per fiscal year and reauthorizing the program
through 2023.
Sec. 6406. Biodiesel fuel education program
Section 6406 amends section 9006(d) of the Farm Security
and Rural Investment Act of 2002 by authorizing appropriations
of $2,000,000 per fiscal year and reauthorizing the program
through 2023.
Sec. 6407. Rural Energy for America Program
Section 6407 amends section 9007(g) of the Farm Security
and Rural Investment Act of 2002 by authorizing appropriations
of $20,000,000 per fiscal year and reauthorizing the program
through 2023.
Sec. 6408. Rural Energy Self-Sufficiency Initiative
Section 6408 repeals section 9009 of the Farm Security and
Rural Investment Act of 2002.
Sec. 6409. Feedstock flexibility
Section 6409 amends section 9010(b) of the Farm Security
and Rural Investment Act of 2002 by reauthorizing the program
through 2023.
Sec. 6410. Biomass Crop Assistance Program
Section 6410 amends section 9011(f) of the Farm Security
and Rural Investment Act of 2002 by authorizing appropriations
of $25,000,000 per fiscal year and reauthorizing the program
through 2023.
SUBTITLE F--MISCELLANEOUS
Sec. 6501. Value-added agricultural product market development grants
Section 6501 amends section 231(b)(7) of the Agriculture
Risk Protection Act of 2000 by increasing the authorization of
appropriations to $50,000,000 per fiscal year and reauthorizing
the program through 2023.
Sec. 6502. Agriculture innovation center demonstration program
Section 6502 amends section 6402(i) of the Farm Security
and Rural Investment Act of 2002 by reauthorizing the program
through 2023.
Sec. 6503. Regional economic and infrastructure development commissions
Section 6503 amends section 15751(a) of title 40, United
States Code, by reauthorizing the commissions through 2023.
Sec. 6504. Definition of rural area for purposes of the Housing Act of
1949
Section 6504 amends section 520 of the Housing Act of 1949
to update the census years for the purposes of defining
``rural'' and ``rural area''.
SUBTITLE G--PROGRAM REPEALS
Sec. 6601. Elimination of unfunded programs
Section 6601(a) repeals sections 306(a)(23), 310B(f), 379,
379A, 379C, 379D, 379F, and Subtitle I of the Consolidated Farm
and Rural Development Act and makes conforming amendments.
Section 6601(b) repeals sections 314 and 602 of the Rural
Electrification Act of 1936 and makes conforming amendments.
Sec. 6602. Repeal of Rural Telephone Bank
Section 6602 repeals Title IV of the Rural Electrification
Act of 1936 and makes conforming amendments.
Sec. 6603. Amendments to LOCAL TV Act
Section 6603 amends the Launching Our Communities' Access
to Local Television Act of 2000 by retitling it and repealing
section 1001, 1002, 1003, 1004, 1005, 1006, 1007, 1009, 1010,
1011, and 1012.
SUBTITLE H--TECHNICAL CORRECTIONS
Sec. 6701. Corrections relating to the Consolidated Farm and Rural
Development Act
Section 6701 provides technical corrections to the
Consolidated Farm and Rural Development Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of
1936
Section 6702 provides technical corrections to the Rural
Electrification Act of 1936.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
SUBTITLE A--NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING
POLICY ACT OF 1977
Sec. 7101. International agriculture research
Section 7101 amends section 1402 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to add scientific collaboration that leverages resources
and advances the food and agricultural interests of the United
States to the list of purposes of federally supported
agricultural research.
Sec. 7102. Matters related to certain school designations and
declarations
Subsection (a) of section 7102 amends section 1404(14)(A)
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 to require colleges and universities seeking
the Non-Land-Grant College of Agriculture designation to offer
a baccalaureate or higher degree in any area of study specified
in statute. Subsection (a) also requires the Secretary to
establish a process to review each designated institution for
compliance.
Subsection (b) of section 7102 amends paragraphs (5)(B) and
(10)(C) of section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 to extend the
termination of declaration dates for the definitions of a
Cooperating Forestry School and a Hispanic-Serving Institution
through fiscal year 2023.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board
Section 7103 amends section 1408 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to alter the membership categories of the National
Agricultural Research, Extension, Education, and Economics
Advisory Board, decrease the total number of board members to
15, clarify that the board shall make recommendations to the
Secretary, and to include AFRI priority areas in its priority
development process.
Sec. 7104. Specialty crop committee
Section 7104 amends section 1408A(a)(2) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to extend the termination date of the specialty crop
committee of the National Agricultural Research, Extension,
Education, and Economics Advisory Board through fiscal year
2023 and to increase the number of members of the Citrus
Disease Subcommittee to 11 by adding two seats for members
representing California or Arizona.
Sec. 7105. Renewable energy committee discontinued
Section 7105 strikes section 1408B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to discontinue the renewable energy committee of the
National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7106. Report on allocations and matching funds for 1890
institutions
Section 7106 directs the Secretary to submit an annual
report noting the allocations of Federal funds made to, and
matching funds received by, 1890 institutions receiving funding
pursuant to sections 1444 and 1445 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977.
Sec. 7107. Grants and fellowships for food and agriculture sciences
education
Section 7107 amends section 1417(m)(2) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for grants and fellowships
for food and agriculture sciences education through fiscal year
2023.
Sec. 7108. Agricultural and food policy research centers
Section 7108 amends section 1419A(e) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for agricultural and food
policy research centers through fiscal year 2023.
Section 7109. Education grants to Alaska Native serving institutions
and Native Hawaiian serving institutions
Section 7109 amends section 1419B of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for education grants to
Alaska native serving institutions and native Hawaiian serving
institutions through fiscal year 2023.
Sec. 7110. Repeal of nutrition education program
Section 7110 strikes section 1425 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to discontinue the nutrition education program.
Sec. 7111. Continuing animal health and disease research programs
Section 7111 amends section 1433(c)(1) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for continuing animal health
and disease research programs through fiscal year 2023.
Sec. 7112. Extension carryover at 1890 land-grant colleges, including
Tuskegee University
Section 7112 amends section 1444(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to remove the carryover limitation for extension at 1890
land-grant institutions.
Sec. 7113. Scholarships for students at 1890 institutions
Section 7113 amends subtitle G of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 by adding
section 1446 to direct the Secretary to establish and carry out
a grant program to 1890 land-grant institutions for purposes of
awarding scholarships. $19,000,000 is authorized to be
appropriated for each fiscal year 2019 through 2023. Each grant
made shall be in the amount of $1,000,000.
Sec. 7114. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University
Section 7114 amends section 1447(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for grants to upgrade
agricultural and food sciences facilities at 1890 land-grant
institutions through fiscal year 2023.
Sec. 7115. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant institutions
Section 7115 amends section 1447B(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for grants to upgrade
agriculture and food sciences facilities and equipment at
insular area land-grant institutions through fiscal year 2023.
Sec. 7116. Hispanic-serving institutions
Section 7116 amends section 1455(c) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for education grants to
Hispanic-serving institutions through fiscal year 2023.
Sec. 7117. Land-grant designation
Section 7117 amends subtitle C of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 by adding
new section 1419C to prevent additional entities from being
designated as eligible to receive capacity program or grant
funding.
Sec. 7118. Competitive grants for international agricultural science
and education programs
Section 7118 amends section 1459A(c)(2) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for competitive grants for
international agricultural science and education programs
through fiscal year 2023.
Sec. 7119. Limitation on indirect costs for agricultural research,
education, and extension programs
Section 7119 amends section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to increase the limitation of indirect costs for
agricultural research, education, and extension programs to 30
percent, and clarify that the limitation shall apply to both
the initial grant award and any subgrant, so that the total of
all indirect costs charged against the total of Federal funds
provided under the initial grant award does not exceed such
limitation.
Sec. 7120. Research equipment grants
Section 7120 amends the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 by adding section
1462A to authorize appropriations for research equipment grants
for fiscal years 2019 through 2023.
Sec. 7121. University research
Section 7121 amends section 1463 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for various agricultural
research programs, including research at State agricultural
experiment stations, through fiscal year 2023.
Sec. 7122. Extension service
Section 7122 amends section 1464 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations to carry out USDA extension
programs through fiscal year 2023.
Sec. 7123. Supplemental and alternative crops
Section 7123 amends section 1473D of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for supplemental and
alternative crops through fiscal year 2023, to include canola
as a supplemental or alternative crop, and to emphasize the
importance of supplemental or alternative crops for agronomical
rotational purposes and for use as habitat for honey bees and
other pollinators.
Sec. 7124. Capacity building grants for NLGCA institutions
Section 7124 amends section 1473F(b) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for capacity building grants
for Non Land-Grant College of Agriculture institutions through
fiscal year 2023.
Sec. 7125. Aquaculture assistance programs
Section 7125 amends section 1477(a)(2) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for aquaculture assistance
programs through fiscal year 2023.
Sec. 7126. Rangeland research programs
Section 7126 amends section 1483(a)(2) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to reauthorize appropriations for rangeland research
programs through fiscal year 2023.
Sec. 7127. Special authorization for biosecurity planning and response
Section 7127 amends section 1484 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to increase the authorization of appropriations to
$30,000,000 each year through fiscal year 2023, to allow for
funds to be used to enter into cooperative agreements in
addition to grants, and to add the coordination of tactical
science activities to the list of eligible uses of funds.
Sec. 7128. Distance education and resident instruction grants program
for insular area institutions of higher education
Subsection (a) of section 7128 amends section 1490(f)(2) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 to reauthorize appropriations for distance
education grants for insular areas through fiscal year 2023.
Subsection (b) of section 7128 amends section 1491(c)(2) of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 to reauthorize appropriations for resident
instruction grants for insular areas through fiscal year 2023.
Sec. 7129. Removal of matching funds requirement
Section 7129 amends section 1492(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 to strike the Competitive, Special, and Facilities
Research Grant Act from the list of covered laws subject to the
matching requirement.
SUBTITLE B--FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT, OF 1990
Sec. 7201. Best utilization of biological applications
Section 7201 amends section 1624 of the Food, Agriculture,
Conservation, and Trade Act of 1990 to reauthorize
appropriations for best utilization of biological applications
through fiscal year 2023.
Sec. 7202. Integrated management systems
Section 7202 amends section 1627(d) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
appropriations for integrated management systems through fiscal
year 2023.
Sec. 7203. Sustainable Agriculture Technology Development and Transfer
Program
Section 7203 amends section 1628(f)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
appropriations for the Sustainable Agriculture Technology
Development and Transfer Program through fiscal year 2023.
Sec. 7204. National Training Program
Section 7204 amends section 1629(i) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
appropriations for a National Training Program in Sustainable
Agriculture through fiscal year 2023.
Sec. 7205. National Genetics Resources Program
Section 7205 amends section 1635(b)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
appropriations for the National Genetics Resources Program
through fiscal year 2023.
Sec. 7206. National Agricultural Weather Information System
Section 7206 amends section 1641(c) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
appropriations for the National Agricultural Weather
Information System through fiscal year 2023.
Sec. 7207. Agricultural genome to phenome initiative
Section 7207 amends section 1671 of the Food, Agriculture,
Conservation, and Trade Act of 1990 to change the name to the
Agricultural Genome to Phenome Initiative, add phenome related
language to the program's goals and duties of the Secretary,
and authorize appropriations of $30,000,000 for fiscal years
2019 through 2023.
Sec. 7208. High-priority research and extension initiatives
Section 7208 amends section 1672 of the Food, Agriculture,
Conservation, and Trade Act of 1990 to change the name of the
Alfalfa and Forage Research Program to Alfalfa Seed and Alfalfa
Forage Systems Research Program and making corresponding
changes throughout the program authority; authorize the
Macadamia Tree Health Initiative, the National Turfgrass
Research Initiative, the Fertilizer Management Initiative, the
Cattle Fever Tick Program, and the Laying Hen and Turkey
Research Program; and reauthorize appropriations for the Pulse
Crop Health Initiative, training coordination for food and
agriculture protection, pollinator protection, and listed high-
priority research and extension initiatives through fiscal year
2023.
Sec. 7209. Organic agriculture research and extension initiative
Section 7209 amends section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 to add ``soil health'' to
the list of program funding priorities, increase the
authorization of mandatory funding to $30,000,000 for fiscal
years 2019 through 2023, and reauthorize appropriations through
fiscal year 2023.
Sec. 7210. Farm business management
Section 7210 amends section 1672D of the Food, Agriculture,
Conservation, and Trade Act of 1990 to clarify the purpose of
the program and to reauthorize appropriations for farm business
management through fiscal year 2023.
Sec. 7211. Clarification of veteran eligibility for assistive
technology program for farmers with disabilities
Section 7211 amends section 1680 of the Food, Agriculture,
Conservation, and Trade Act of 1990 to clarify the eligibility
of veterans with disabilities for program assistance and to
reauthorize appropriations for the program through fiscal year
2023.
Sec. 7212. National Rural Information Center Clearinghouse
Section 7212 amends section 2381(e) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
appropriations for the National Rural Information Clearinghouse
through fiscal year 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 7301 amends section 405(j) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for the National Food Safety
Training, Education, Extension, Outreach, and Technical
Assistance Program through fiscal year 2023.
Sec. 7302. Integrated research, education, and extension competitive
grants program
Section 7302 amends section 406(e) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for integrated research, education,
and extension competitive grants through fiscal year 2023.
Sec. 7303. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum or by Tilletia indica
Section 7303 amends section 408(e)(2) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for research regarding diseases of
wheat, triticale, and barley caused by Fusarium graminearum or
by Tilletia indica through fiscal year 2023.
Sec. 7304. Grants for youth organizations
Section 7304 amends section 410(d)(2) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for grants for youth organizations
section 2023.
Sec. 7305. Specialty Crop Research Initiative
Subsection (a) of section 7305 amends section 412(b) of the
Agricultural Research, Extension, and Education Reform Act of
1998 to clarify priority language regarding the critical needs
of the specialty crop industry.
Subsection (b)(1) of section 7305 amends section 412(j)(5)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 to reauthorize appropriations for the Emergency
Citrus Disease Research and Extension Program through fiscal
year 2023.
Subsection (b)(2) of section 7305 amends section
412(k)(1)(C) of the Agricultural Research, Extension, and
Education Reform Act of 1998 to extend the reservation of
mandatory funding for the Emergency Citrus Disease Research and
Extension Program through fiscal year 2023.
Subsection (c) of section 7305 amends section 412(k)(2) of
the Agricultural Research, Extension, and Education Reform Act
of 1998 to reauthorize appropriations for the Specialty Crop
Research Initiative through fiscal year 2023.
Sec. 7306. Food Animal Residue Avoidance Database Program
Section 7306 amends section 604(e) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for the Food Animal Residue
Avoidance Database Program through fiscal year 2023.
Sec. 7307. Office of Pest Management Policy
Section 7307 amends section 614(f)(2) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for the Office of Pest Management
Policy through fiscal year 2023.
Sec. 7308. Forestry products advanced utilization research
Section 7308 amends section 617(f)(1) of the Agricultural
Research, Extension, and Education Reform Act of 1998 to
reauthorize appropriations for forestry products advanced
utilization research through fiscal year 2023.
SUBTITLE D--FOOD, CONSERVATION, AND ENERGY ACT OF 2008
PART I--AGRICULTURAL SECURITY
Sec. 7401. Agricultural Biosecurity Communication Center
Section 7401 amends section 14112(c)(2) of the Food,
Conservation, and Energy Act of 2008 to reauthorize
appropriations for the Agricultural Biosecurity Communication
Center through fiscal year 2023.
Sec. 7402. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response
Section 7402 amends section 14113 of the Food,
Conservation, and Energy Act of 2008 to reauthorize
appropriations for advanced training programs and assessment
and response capability in agricultural biosecurity through
fiscal year 2023.
Sec. 7403. Research and development of agricultural countermeasures
Section 7403 amends section 14121(b)(2) of the Food,
Conservation, and Energy Act of 2008 to reauthorize
appropriations for research and development of agricultural
countermeasures through fiscal year 2023.
Sec. 7404. Agricultural Biosecurity Grant Program
Section 7404 amends section 14122(e)(2) of the Food,
Conservation, and Energy Act of 2008 to reauthorize
appropriations for the Agricultural Biosecurity Grant Program
through fiscal year 2023.
PART II--MISCELLANEOUS
Sec. 7411. Grazinglands Research Laboratory
Section 7411 amends section 7502 of the Food, Conservation,
and Energy Act of 2008 to extend the date that the Grazinglands
Research Laboratory cannot be declared excess or surplus
Federal property through fiscal year 2023.
Sec. 7412. National Products Research Program
Section 7412 amends section 7525(e) of the Food,
Conservation, and Energy Act of 2008 to reauthorize
appropriations for the Natural Products Research Program
through fiscal year 2023.
Sec. 7413. Sun Grant Program
Section 7413 amends section 7526(g) of the Food,
Conservation, and Energy Act of 2008 to reauthorize
appropriations for the Sun Grant Program through fiscal year
2023.
SUBTITLE E--AMENDMENTS TO OTHER LAWS
Sec. 7501. Critical Agricultural Materials Act
Section 7501 amends section 16(a)(2) of the Critical
Agricultural Materials Act to reauthorize appropriations
through fiscal year 2023.
Sec. 7502. Equity in Education Land-Grant Status Act of 1994
Subsection (a) of section 7502 amends section 532 of the
Equity in Education Land-Grant Status Act of 1994 to update the
list of 1994 institutions.
Subsection (b) of section 7502 amends section 533(b) of the
Equity in Education Land-Grant Status Act of 1994 to
reauthorize appropriations for the endowment for 1994
institutions through fiscal year 2023.
Subsection (c) of section 7502 amends section 535 of the
Equity in Education Land-Grant Status Act of 1994 to
reauthorize appropriations for 1994 institutional capacity
building grants through fiscal year 2023.
Subsection (d) of section 7502 amends section 536(c) of the
Equity in Education Land-Grant Status Act of 1994 to
reauthorize research grants for 1994 institutions through
fiscal year 2023.
Sec. 7503. Research Facilities Act
Subsection (a) of section 7503 amends sections 2(1) and
3(c)(2)(D) of the Research Facilities Act to clarify program
eligibility.
Subsection (b) of section 7503 amends section 3(c)(2)(D) of
the Research Facilities Act to include maintenance costs within
the criteria for submitted proposals.
Subsection (c) of section 7503 adds section 4 to the
Research Facilities Act to direct the Secretary to establish a
competitive grant program to assist in construction and
maintenance of agricultural research facilities.
Subsection (d) of section 7503 amends section 6 of the
Research Facilities Act to reauthorize appropriations through
fiscal year 2023 and impose project funding limitations.
Sec. 7504. Competitive, Special, and Facilities Research Grant Act
Section 7504 amends subsection (b) of section 2 of the
Competitive, Special, and Facilities Research Grant Act to
update priority areas to include soil health, automation and
mechanization for labor intensive tasks in the production and
distribution of crops, bridges to farm entry for young,
beginning, socially disadvantaged, veteran, and immigrant
farmers and ranchers; make conforming amendments necessary due
to the removal of the Competitive, Special, and Facilities
Research Grant Act from the list of covered laws subject to
matching requirements under section 1492 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977; reauthorize appropriations for the Agriculture and Food
Research Initiative through fiscal year 2023, and increase the
amount the Secretary may retain for administrative costs to 5
percent.
Sec. 7505. Renewable Resources Extension Act of 1978
Subsection (a) of section 7505 amends section 6 of the
Renewable Resources Extension Act of 1978 to reauthorize
appropriations through fiscal year 2023.
Subsection (b) of section 7505 amends section 8 of the
Renewable Resources Extension Act of 1978 to extend the
termination date through fiscal year 2023.
Sec. 7506. National Aquaculture Act of 1980
Section 7506 amends section 10 of the National Aquaculture
Act of 1980 to reauthorize appropriations through fiscal year
2023.
Sec. 7507. Beginning Farmer and Rancher Development Program
Section 7507 amends section 7405 of the Farm Security and
Rural Investment Act of 2002 to authorize the Secretary to
enter into cooperative agreements, make structural changes to
the authorization, add various priority areas, reauthorize
mandatory funding of $20 million each fiscal year through 2023,
and reauthorize appropriations through fiscal year 2023.
Sec. 7508. Federal agriculture research facilities
Section 7508 amends section 1431 of the National
Agricultural Research, Extension, and Teaching Policy Act
Amendments of 1985 to reauthorize appropriations for federal
agriculture research facilities through fiscal year 2023.
Sec. 7509. Biomass research and development
Section 7509 amends section 9008(h) of the Farm Security
and Rural Investment Act of 2002 to reauthorize appropriations
for biomass research and development through fiscal year 2023.
SUBTITLE F--OTHER MATTERS
Sec. 7601. Enhanced use lease authority pilot program
Subsection (a) of section 7601 amends section 308(a) of the
Department of Agriculture Reorganization Act of 1994 to strike
``pilot'' from the program's title and from an additional
program reference.
Subsection (b) of section 7601 amends section 308(b)(1)(C)
of the Department of Agriculture Reorganization Act of 1994 to
clarify allowed activities during a lease agreement.
Subsection (c) of section 7601 amends section 308(b)(6) of
the Department of Agriculture Reorganization Act of 1994 to
extend the termination of authority through fiscal year 2023.
Subsection (d) of section 7601 amends section 308(d)(2) of
the Department of Agriculture Reorganization Act of 1994 to
extend the reporting requirement through fiscal year 2023.
Sec. 7602. Function and duties of the Under Secretary
Section 7602 amends subparagraph (B) of section 251(d)(2)
of the Department of Agriculture Reorganizations Act of 1994 to
ensure that in carrying out the agricultural research,
education, extension, economics, and statistical programs of
the department, the Under Secretary consider AFRI priorities.
Sec. 7603. Reinstatement of District of Columbia matching requirement
for certain land-grant university assistance
Section 7603 amends section 209(c) of the District of
Columbia Public Postsecondary Education Reorganization Act to
require the District of Columbia to provide matching funds for
Federal capacity appropriations.
Sec. 7604. Farmland tenure, transition, and entry data initiative
Section 7604 authorizes appropriations of $2,000,000 each
year through fiscal year 2023 to collect and report data and
analysis on farmland ownership, tenure, transition, and entry
of beginning farmers.
Sec. 7605. Transfer of administrative jurisdiction, portion of Henry A.
Wallace Beltsville Agricultural Research Center, Beltsville,
Maryland
Section 7705 authorizes the Secretary to transfer
administrative jurisdiction of roughly 100 acres of the
Beltsville Agricultural Research Center to the Secretary of the
Treasury.
Sec. 7606. Simplified plan of work
Section 7607 simplifies the plan of work that is required
by entities who receive formula funding through the Smith-Lever
Act, Hatch Act, Evans-Allen grants, and 1890 institutions
extension grants.
Sec. 7607. Time and effort reporting exemption
Section 7607 exempts any entity receiving formula funds
through the Smith-Lever Act, Hatch Act, Evans-Allen grants,
1890 institutions extension grants, and McIntire-Stennis grants
from time and effort reporting with respect to the use of
formula funds.
TITLE VIII--FORESTRY
SUBTITLE A--REAUTHORIZATION AND MODIFICATION OF CERTAIN FORESTRY
PROGRAMS
Sec. 8101. Support for State assessments and strategies for forest
resources
Section 8101 amends section 2A(f)(1) of the Cooperative
Forestry Assistance Act of 1978 by reauthorizing the funding
for the required state assessment through 2023.
Sec. 8102. Forest legacy program
Section 8102 amends section 7 of the Cooperative Forestry
Assistance Act of 1978 by removing the authorization of
appropriations of ``such sums as necessary'' and authorizing
$35,000,000 for each of fiscal years 2019 through 2023.
Sec. 8103. Community forest and open space conservation program
Section 8103 amends section 7A of the Cooperative Forestry
Assistance Act of 1978 by removing the authorization of
appropriations of ``such sums as necessary'' and authorizing
$5,000,000 for each of fiscal years 2019 through 2023.
Sec. 8104. State and private forest landscape-scale restoration program
Section 8104 amends section 13A of the Cooperative Forestry
Assistance Act of 1978 to establish a landscape-scale
restoration program.
Subsection (a) of the new program enumerates the purpose of
the program as supporting activities that result in
improvements to public benefits derived from State and private
forest land.
Subsection (b) provides for the relevant definitions.
Subsection (c) establishes the program that provides
financial and technical assistance for projects that maintain
or improve benefits to trees and forests on land.
Subsection (d) enumerates the requirements under the
program.
Subsection (e) requires the Secretary to establish a
measurement tool to quantify the results of projects.
Subsection (f) allocates funding for projects equally
between a national competitive process and to States.
Subsection (g) requires that the allocation through the
competitive process maximize the achievement of the objects of
the program. The subsection further requires the submission of
proposals to the Secretary to be considered for the competitive
process. The subsection requires the Secretary to give priority
to proposals that best carry out priorities identified though
the State-wide assessments.
Subsection (h) requires the Secretary to submit a report to
Congress, not later than 3 years of the passage of the Farm
Bill that describes the status of the implementation of the
program, an accounting of expenditures under the program, and
specific accomplishments that have resulted from projects under
the program.
Subsection (i) authorizes $10,000,000 to carry out the
program for each of fiscal years 2019 through 2023, to remain
available until expended.
Sec. 8105. Rural revitalization technologies
Section 8105 amends section 2371(d)(2) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
the Rural Revitalization Technologies Program at the current
level of $5,000,000 through 2023.
Sec. 8106. Community wood energy and wood innovation program
Section 8106 amends section 9013 to amend the Community
Wood Energy and Wood Innovation Program to include public and
private facilities in the program. The section further
establishes a priority to projects that use low value, low
quality wood. The section includes an authorization of
appropriations for $25,000,000 for each of fiscal years 2019
through 2023.
Sec. 8107. Healthy Forests Restoration Act of 2003 amendments
Paragraph (1) of subsection (a) of section 8107 amends
section 501(a) of the Healthy Forests Restoration Act of 2003
to expand the purposes of the program to include the
conservation of land that provides habitat for certain species
and to ensure that forests that already provide suitable
habitat, but are at risk for conversion, are eligible.
Paragraph (2) amends section 502(b) of the Healthy Forests
Restoration Act of 2003 by limiting eligibility to ensure that
the land is not only restored but also provides benefits to
specific types of species. Paragraphs (3) and (4) amend section
502(c) and 502(e) to include conservation of forest lands that
provide habitat to certain species as a consideration for
enrollment of land under the program and are given a priority.
Paragraph (5) amends section 502(e)(2)(B) to allow Indian
tribes to sell permanent easements on lands they own in fee
simple. Paragraph (6) is a technical amendment. Paragraph (7)
amends section 503(b) to clarify that restoration can be
achieved through forest management. Paragraph (8) reauthorizes
the appropriations for the program at the current level of
$12,000,000 each year through fiscal year 2023. Paragraph (9)
is a technical correction.
Paragraph (1) of subsection (b) of section 8107 amends
section 602(d)(1) to expand Healthy Forest treatment areas to
include priority projects that reduce hazardous fuels.
Paragraph (2) extends the authority for treatment areas.
Subsection (c) includes a clarifying amendment and
increases the project size limitation of the categorically
excluded collaborative restoration projects from 3,000 acres to
6,000 acres.
Sec. 8108. National Forest Foundation Act authorities
Subsection (a) of section 8108 amends section 405(b) of the
National Forest Foundation Act by reauthorizing the Secretary's
authority to provide matching funds for the administration and
expenses incurred by the Forest Foundation.
Subsection (b) amends section 410(b) of the National Forest
Foundation Act by reauthorizing the appropriations at the
current level of $3,000,000 each of fiscal years through 2023
to provide for matching funds to be made available for the
Forest Foundation.
SUBTITLE B--SECURE RURAL SCHOOLS AND COMMUNITY SELF-DETERMINATION ACT
OF 2000 AMENDMENTS
Sec. 8201. Use of reserved funds for Title II projects on Federal land
and certain non-Federal land
Section 8201 amends section 204(f) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to require
50% of Title II funds be spent on projects which include sale
of forest products and meet land management objectives.
Sec. 8202. Resource advisory committees
Subsection (a) of section 8202 amends section 205(a)(4) of
the Secure Rural Schools and Community Self-Determination Act
of 2000 to extend Title II Resource Advisory Committee (RAC)
functions, membership through fiscal year 2023.
Subsection (b) amends section 205(d) of the Secure Rural
Schools and Community Self-Determination Act of 2000 to reduce
the membership of RACs from 15 to 9 and to reduce the members
that are representative of community interests from 5 to 3.
Subsection (c) adds a requirement for members of the RAC to
reside in the county or adjacent county where the RAC has
jurisdiction.
Subsection (d) allows for a designee of the Secretary to
perform certain functions.
Sec. 8203. Program for Title II self-sustaining resource advisory
committee projects
Section 8203 amends Title II of the Secure Rural Schools
and Community Self-Determination Act of 2000 by authorizing the
Chief of the Forest Service to choose ten RACs that may retain
revenue from projects to fund future projects that accomplish
forest management objectives.
SUBTITLE C--AVAILABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST
MANAGEMENT ACTIVITIES
Part I--General Provisions
Sec. 8301. Definitions
Section 8301 provides the relevant definitions for Subtitle
C.
Sec. 8302. Rule of application for National Forest System Lands and
public lands
Section 8302 is a rule of application, limiting the
application of the authorities provided by subtitle C to
National Forest or public lands that are not in the National
Wilderness Preservation System, within an inventoried roadless
area (unless the forest management activity is consistent with
the applicable forest plan or allowed under the applicable
roadless rule), or land on which timber harvest is prohibited
by Federal law.
Sec. 8303. Consultation under the Endangered Species Act
Subsection (a) removes the requirement for consultation
under section 7 of the Endangered Species Act for a project
carried out by the Forest Service if the project is found not
likely to adversely affect a listed species.
Subsection (b) allows for an expedited consultation where
the projects conducted under a CE for which a section 7
consultation is required, the action is deemed to have complied
with the requirements of Section 7 after 90 days.
Sec. 8304. Secretarial discretion in the case of two or more
categorical exclusions
Section 8304 clarifies that if a forest management activity
might fall under more than one of the categorical exclusions,
the Secretary has full discretion in determining which
categorical exclusion to apply.
Part II--Categorical Exclusions
Sec. 8311. Categorical exclusion to expedite certain critical response
actions
Subsections (a) and (b) of section 8302 authorize the use
of CEs for addressing insect and disease infestation, reducing
hazardous fuel loads, protecting municipal water sources,
improving or enhancing critical habitat, and increasing water
yield.
Subsection (c) provides for the availability of CEs under
this section.
Subsection (d) limits the size of the CEs to 6,000 acres.
Sec. 8312. Categorical exclusion to expedite salvage operations in
response to catastrophic events
Subsection (a) of section 8303 authorizes the use of CEs
for specific salvage operations carried out by the Secretary.
Subsection (b) provides for the availability of CEs under
this section.
Subsection (c) limits the size of the CE to 6,000 acres.
Subsection (d) requires that salvage operations covered by
a CE under this section protect streams and stream buffers as
provided in the forest plan. The subsection further requires
the development of a reforestation plan as part of the salvage
operation.
Sec. 8313. Categorical exclusion to meet forest plan goals for early
successional forests
Subsections (a) and (b) of section 8304 authorize the use
of CEs for the modification, improvement, enhancement, or
creation of early successional forests for wildlife habitat
improvement.
Subsection (c) provides for the availability of the CE
under this section.
Subsection (d) directs the Secretary to maximize production
and regeneration of priority species in the development of a
forest management activity conducted under this section.
Subsection (e) limits the size of the CEs to 6,000 acres.
Sec. 8314. Categorical exclusions for hazard trees
Section 8305 authorizes the use of CEs in order to remove
hazardous trees and salvage timber to protect public safety,
water supply, or public infrastructure.
Sec. 8315. Categorical exclusion to improve or restore National Forest
System lands or public land or reduce the risk of wildfire
Subsections (a) and (b) of section 8314 authorize the use
of CEs for certain activities when the purpose of those
activities is to improve, restore, or reduce the risk of
wildfire on Forest System or public lands.
Subsection (c) provides for the availability of CEs under
this section.
Subsection (d) limits the size of the CEs to 6,000 acres.
Subsection (e) provides the pertinent definitions.
Sec. 8316. Categorical exclusion for forest restoration
Subsection (a) and (b) of section 8315 establish a CE for
certain forest management activities on National Forest System
lands, including timber harvest, hazardous, fuel reduction, and
prescribed burning.
Subsection (c) provides for the availability of CEs under
this section.
Subsection (d) limits the size of the CEs to 6,000 acres.
Subsection (e) provides for limitations on the building of
permanent and temporary roads under this CE.
Sec. 8317. Categorical exclusion for infrastructure forest management
activities
Section 8317 establishes a CE for certain forest management
activities related to infrastructure on National Forest System
land, including activities related to roads, bridges, dams, and
other facilities.
Sec. 8318. Categorical exclusion for developed recreation sites
Section 8318 establishes a CE for certain forest management
activities on National Forest System lands related to the
operation, maintenance, modification, reconstruction or
decommissioning of existing recreation sites.
Sec. 8319. Categorical exclusion for administrative sites
Subsections (a) and (b) of section 8318 establish a CE for
certain forest management activities on National Forest System
lands related to the construction, maintenance,
decommissioning, relocation, and disposal of administrative
sites.
Subsection (c) provides for the availability of CEs under
this section.
Subsection (d) provides for a limitation on roads and
pesticide use.
Subsection (e) provides a definition for administrative
site.
Sec. 8320. Categorical exclusion for special use authorization
Subsections (a) and (b) of section 8320 establish a CE for
certain forest management activities on National Forest System
lands related to special use authorizations.
Subsection (c) provides for the availability of CEs under
this section.
Subsection (d) requires the preparation of certain
documents in order to use the CE.
Sec. 8321. Clarification of existing categorical exclusion authority
related to insect and disease infestation
Section 8321 amends section 603(c)(2)(B) of the Healthy
Forests Restoration Act of 2003 to include Fire Regime IV and V
(Lodgepole pine) in the Insect & Disease Categorical Exclusion
included in the 2014 Farm Bill.
Part III--Miscellaneous Forest Management Activities
Sec. 8331. Good neighbor agreements
Section 8331 amends section 8206 of the Agricultural Act of
2014 to extend the ability to use good neighbor authority to
Indian Tribes.
Sec. 8332. Promoting cross-boundary wildfire mitigation
Section 8332 amends section 103 of the Healthy Forests
Restoration Act of 2003 by including funding from the Forest
Service's wildland fire hazardous fuels funding to perform
cross-boundary work to reduce hazardous fuels, when the funding
exceeds $300,000,000 in any year. The section further amends
section 103 by adding a new subsection that requires the funds
to be used on Federal, State, county, tribal or private lands.
The subsection also prioritizes high risk areas for use of the
funds.
Sec. 8333. Regulations regarding designation of dead or dying trees of
certain tree species on National Forest System lands in
California as exempt from prohibition on export of unprocessed
timber originating from Federal lands
Subsection (a) of section 8333 directs the Secretary to
issue rulemaking to determine that unprocessed timber from the
National Forest System lands in California is considered
surplus to domestic needs and is therefore exempt from export
prohibitions.
Subsection (b) requires the Secretary to consult with
representatives of sawmills in California and make a reasonable
effort to avoid adverse impacts to the industry.
Subsection (c) allows the Secretary to adjust contract
provisions in region 5 of the National Forest System to carry
out this section.
Subsection (d) exempts timber harvested under this section
from the limitation of substitution of unprocessed Federal
timber.
Subsection (e) provides authority to hire additional staff
to implement the regulations issued under subsection (a).
Subsection (f) requires the regulations to remain in effect
for 10 years with periodic review.
Subsection (g) provides relevant definitions for this
section.
SUBTITLE D--TRIBAL FORESTRY PARTICIPATION AND PROTECTION
Sec. 8401. Protection of Tribal forest assets through use of
stewardship end result contracting and other authorities
Subsection (a) of section 8401 amends section 2(b) of the
Tribal Forest Protection Act of 2004 authorizing Federal land
management agencies up to 120 days to respond to Tribal
requests for forest management on agency lands and two years to
complete the analysis.
Subsection (b) includes conforming amendments.
Sec. 8402. Management of Indian forest land authorized to include
related National Forest System lands and public lands
Section 8402 amends section 305 of the National Indian
Forest Resources Management Act to give authority to Indian
Tribes to request to conduct forest management activities on
Federal lands where they have a Tribal interest. The authority
to conduct those activities would come from authorities on
Indian lands.
Sec. 8403. Tribal forest management demonstration projects
Section 8403 authorizes demonstration projects through
which Tribes may contract to perform administrative,
management, and other functions of the Tribal Forest Protection
Act.
SUBTITLE E--OTHER MATTERS
Sec. 8501. Clarification of research and development program for wood
building construction
Subsection (a) of section 8601 directs the Secretary to
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.
Subsection (b) requires the Secretary to collaborate with
the wood products industry, conservation organizations, and
institutions of higher education to meet these objectives at
the Forest Products Laboratory or through the State and Private
Forestry deputy area to achieve measurable performance goals.
The subsection further requires the Secretary to make
competitive grants to institutions of higher education to meet
these measurable performance goals.
Subsection (c) identifies key priorities that are to be the
focus of the research and development, education, and technical
assistance to be conducted under the section including;
commercialization, safety, life cycle environmental footprint,
implications on wildlife, and other research areas.
Subsection (d) calls for a timeframe of 5 years to achieve
the measurable performance goals called for under the section.
Subsection (e) provides the relevant definitions for the
section.
Sec. 8502. Utility infrastructure rights-of-way vegetation management
pilot program
Subsection (a) of section 8502 establishes a limited,
voluntary pilot program to encourage land owners and operators
to perform vegetation management on a proactive basis. The
pilot program permits vegetation management projects on
National Forest System land that is adjacent to or near rights-
of-way.
Subsection (b) requires that eligible participants have
rights-of-way on National Forest System land. The subsection
further gives priority to eligible participants who have worked
with the Forest Service to improve utility infrastructure
protection prescriptions.
Subsection (c) provides for the elements of a project under
the pilot program. A project involves limited and select
management activities that shall create the least amount of
disturbance to protect utility infrastructure from wildfire;
shall take place directly adjacent to or within 75 feet of the
participant's right-of-way; and shall be subject to approval by
the Forest Service. A project is prohibited from taking place
within a designated wilderness area, wilderness study area, or
inventoried roadless area. Activities under the pilot program
may include thinning, fuel reduction, creation and treatment of
shaded fuel breaks.
Subsection (d) requires that a participant be responsible
for all costs incurred by participating unless the Secretary
determines that it is in the public interest for the Forest
Service to contribute funds.
Subsection (e) is a rule of construction that participation
in the program does not affect any existing legal obligations
of liability standards related to the right-of-way or fires
resulting from causes other than activities performed under the
project. A participant is not liable for damages caused by
activities under the project unless in cases of gross
negligence, in violation of criminal law, or where damages were
caused by failure of the participant to comply with safety
requirements imposed by the Forest Service as a condition of
participation.
Subsection (f) directs the Secretary to use existing laws
and regulations to conduct the pilot program. It further allows
the Secretary to waive or modify specific provisions of the
Federal Acquisition Regulation in order to implement the pilot
program in an efficient and expeditious manner.
Subsection (g) allows the Secretary to retain funds
provided to the Forest Service by a participant and use such
funds, in amounts as may be appropriated, in the conduct of the
pilot program, notwithstanding any other provision of law.
Subsection (h) provides the relevant definitions for the
Act.
Subsection (i) sunsets the authority to conduct the pilot
program on December 21, 2027.
Subsection (j) requires the Secretary to report to
Congress, every two years, on the status of the pilot program
and any related projects.
Sec. 8503. Revision of extraordinary circumstances regulations
Subsections (a) and (b) of section 8503 direct the
Secretary to initiate a rulemaking to clarify that the
following project characteristics do not need to be examined as
part of determining whether extraordinary circumstances
preclude a CE under NEPA; whether a project is within a
proposed wilderness area; whether a project impacts a FS
sensitive species; the cumulative impact of a project when
added to other past, present, and reasonably foreseeable future
actions; whether a project may affect, but is not likely to
adversely affect, a listed species or designated critical
habitat; and whether a project may affect, and is likely to
adversely affect, a listed species or designated critical
habitat, if the project is in compliance with the applicable
provisions of the biological opinion.
Subsection (c) eliminates the requirement to perform an
environmental impact statement for all projects that would
substantially alter a potential wilderness area. Subsection (d)
requires that the rulemaking be complete within 120 days of
enactment.
Sec. 8504. No loss of funds for wild-fire suppression
Section 8504 clarifies that nothing in this title or the
amendments made by this title may be construed to limit from
the availability of funds or other resources for wild-fire
suppression.
Sec. 8505 Technical corrections
Section 8505 contains technical amendments to the Wildfire
Suppression Funding and Forest Management Activities Act.
TITLE IX--HORTICULTURE
SUBTITLE A--HORTICULTURE MARKETING AND INFORMATION
Sec. 9001. Specialty crops market news allocation
Section 9001 amends section 10107(b) of the Food,
Conservation, and Energy Act of 2008 to extend the
authorization of appropriations for specialty crops market news
allocation at the current level of $9,000,000 for each fiscal
year through 2023, to remain available until expended.
Sec. 9002. Farmers' Market and Local Food Promotion Program
Section 9002 amends section 6(g) of the Farmer-to-Consumer
Direct Marketing Act of 1976 by extending the authorization of
appropriations for the Farmers' Market and Local Food Promotion
Program and increasing the authorized level from $10,000,000 a
year to $30,000,000 a year for fiscal years 2019 through 2023.
The section also strikes an expired one-year authorization of
appropriations.
Sec. 9003. Food safety education initiatives
Section 9003 amends section 10105(c) of the Food,
Conservation, and Energy Act of 2008 to extend the
authorization of appropriations for the food safety education
initiatives at the current level of $1,000,000 a year through
fiscal year 2023, to remain available until expended.
Sec. 9004. Specialty Crop Block Grants
Section 9004 amends section 101 of the Specialty Crops
Competitiveness Act of 2004 to extend the authority of the
Secretary to make grants; expand the types of activities the
grants can be used to carry out; require the Secretary to enter
into cooperative agreements with the State departments of
agriculture who receive the grants in order to develop
performance measures to periodically evaluate program
performance; and extend the mandatory funding available for
multi-state projects at the existing level of $5,000,000 for
each year through fiscal year 2023, to remain available until
expended.
Sec. 9005. Amendments to the Plant Variety Protection Act
Subsection (a) of section 9005 amends section 41(a) of the
Plant Variety Protection Act to include a definition for the
term ``asexually reproduced.''
Subsection (b) of section 9005 amends section 42(a) of the
Plant Variety Protection Act to expand the authorized types of
reproduction to include asexual reproduction for the purposes
of variety protection under the Act.
Subsection (c) of section 9005 amends section 111(a)(3) of
the Plant Variety Protection Act to expand the authorized types
of reproduction to include asexual reproduction for the
purposes of what constitutes infringement under the Act.
Subsection (d) of section 9005 amends section 128(a) of the
Plant Variety Protection Act to expand the authorized types of
reproduction to include asexual reproduction for the purposes
of prohibited marketing claims under the Act.
Sec. 9006. Organic programs
Subsection (a) of section 9006 amends section 2115 of the
Organic Foods Production Act of 1990 to expand the certifying
agent accreditation program to the oversight and approval of
certifying agents certifying farms and handling operations in
foreign countries.
Subsection (b) of section 9006 amends section 2118(d) of
the Organic Foods Production Act of 1990 to direct the
Secretary to establish expedited and emergency procedures
related to food, crop, or human safety for placing a substance
on the National List.
Subsection (c) of section 9006 amends section 2119(b) of
the Organic Foods Production Act of 1990 to allow for an
employee of an owner or operator of an organic farming
operation to represent the owner or operator on the National
Organic Standards Board.
Subsection (d) of section 9006 amends section 2119(l) of
the Organic Foods Production Act of 1990 to allow for the
convening of a task force to consult with the FDA or EPA when
deciding if a substance that has been determined safe within
the meaning of the Federal Food, Drug, and Cosmetic Act, or
determined by the EPA to not be harmful, should be included on
the National List.
Subsection (e) of section 9006 amends section 2120 of the
Organic Foods Production Act of 1990 to authorize all parties
to an investigation to share confidential business information
with Federal and State government officials, authorize the
Secretary to access trade data from other Federal agencies, and
authorize the Secretary to require additional documentation or
verification. The subsection directs the Secretary to
promulgate regulations no later than 1 year after enactment to
limit the type of operations that are excluded from
certification.
Subsection (f) of section 9006 amends Section 2122 of the
Organic Food Production Act of 1990 to require the Secretary to
submit a report to Congress no later than March 1, 2019, and
annually thereafter through March 1, 2023, describing National
Organic Program activities with respect to all domestic and
overseas investigations and compliance actions taken during the
preceding year.
Subsection (g) of section 9006 amends subsection (b) of
section 2123 of the Organic Foods Production Act of 1990 to
reauthorize appropriations for the National Organic Program of
$15,000,000 for fiscal year 2018, $16,500,000 for fiscal year
2019, $18,000,000 for fiscal year 2020, $20,000,000 for fiscal
year 2021, $22,000,000 for fiscal year 2022, and $24,000,000
for fiscal year 2023.
Subsection (h) of section 9006 amends subsection (c) of
section 2123 of the Organic Foods Production Act of 1990 to
direct the Secretary to modernize international organic trade
tracking and data collection systems and authorizes mandatory
funding of $5,000,000 for fiscal year 2019.
Subsection (i) of section 9006 amends section 7407(d) of
the Farm Security and Rural Investment Act of 2002 to
reauthorize appropriations for the Organic Production and
Market Data Initiatives at the current level of $5,000,000 for
each fiscal year through 2023, to remain available until
expended, and to provide mandatory funding of $5,000,000 for
fiscal year 2019, to remain available until expended.
SUBTITLE B--REGULATORY REFORM
Part I--State Lead Agencies Under Federal Insecticide, Fungicide, and
Rodenticide Act
Sec. 9101. Recognition and role of State lead agencies
Subsection (a) of section 9101 amends section 2(aa) of the
Federal Insecticide, Fungicide, and Rodenticide Act to include
a definition of ``State lead agency'' for the purposes of the
Act.
Subsection (b) of section 9101 amends section 22(b) of the
Federal Insecticide, Fungicide, and Rodenticide Act by limiting
regulations to those promulgated by the EPA or within the
authority of a State lead agency. The subsection further amends
section 23(a)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act to authorize States or Tribes to establish and
maintain uniform regulation of pesticide through cooperative
agreement with the Administrator of the EPA. The subsection
further amends section 24(a) of the Federal Insecticide,
Fungicide, and Rodenticide Act to restrict the authority of a
political subdivision of a State to regulate a pesticide beyond
the Federal limits.
Subsection (c) of section 9101 amends section 25(a)(2) of
the Federal Insecticide, Fungicide, and Rodenticide Act by
requiring the Administrator to publish any comments regarding
prescribed regulations promulgated pursuant to the Act from the
Secretary of Agriculture or any State lead agency in the
Federal Register, including any response to the comments, if
such comments are received within 30 days of receipt of a copy
of any such regulation. The subsection further allows for the
Secretary or a State lead agency to request any comments
regarding prescribed regulations promulgated pursuant to the
Act sent to the Administrator within 15 days of receipt of a
copy of the regulation, including any response to the comments,
be published in the Federal Register.
Part II--Pesticide Registration and Use
Sec. 9111. Registration of pesticides
Subsection (a) of section 9111 amends section 3(c)(5) of
the Federal Insecticide, Fungicide, and Rodenticide Act to
require the Administrator to register a pesticide if the
Administrator determines that the pesticide, when used in
accordance with widespread and commonly recognized practices,
is not likely to jeopardize the survival of a federally listed
threatened or endangered species or to alter habitat critical
for the survival or recovery of such species. The subsection
further amends section 3 to require the Administrator to use
the best scientific and commercial information available, which
may include species and habitat information from the Secretary
of Interior or Secretary of Commerce, and consider all
restrictions on use when considering the criteria for the
registration of a pesticide. The Administrator shall not be
required to consult or communicate with the Secretary of the
Interior or the Secretary of Commerce under the authority of
any other statute when making such determination, unless
otherwise petitioned to by the registrant of the pesticide.
Subsection (b) of section 9111 amends section 3(c)(7) of
the Federal Insecticide, Fungicide, and Rodenticide Act to
require the Administrator to conditionally register or amend
the registration of a pesticide under special circumstances if
the Administrator determines that the pesticide, when used in
accordance with widespread and commonly recognized practices,
is not likely to jeopardize the survival of a federally listed
threatened or endangered species or to alter habitat critical
for the survival or recovery of such species.
Subsection (c) of section 9111 amends section 3(g)(1)(A) of
the Federal Insecticide, Fungicide, and Rodenticide Act to
require the Administrator to complete the determination, and
subsequent periodic reviews, that a pesticide, when used in
accordance with widespread and commonly recognized practices,
is not likely to jeopardize the survival of a federally listed
threatened or endangered species or to alter habitat critical
for the survival or recovery of such species, over the
following schedule: by October 1, 2026 for an active ingredient
first registered on or before October 1, 2007; by October 1,
2033 for an active ingredient first registered between October
1, 2007 and the day before enactment; and not later than 48
months after the effective date of registration for an active
ingredient registered on or after the date of enactment.
Sec. 9112. Experimental use permits
Section 9112 amends section 5(a) of the Federal
Insecticide, Fungicide, and Rodenticide Act to require the
Administrator, when issuing an experimental use permit for a
pesticide, to determine that the pesticide, when used in
accordance with widespread and commonly recognized practices,
is not likely to jeopardize the survival of a federally listed
threatened or endangered species or to alter habitat critical
for the survival or recovery of such species.
Sec. 9113. Administrative review; suspension
Section 9113 amends section 6(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act to require the
Administrator, when issuing a notice to cancel or change the
classification of a pesticide, to determine that the pesticide,
when used in accordance with widespread and commonly recognized
practices, is not likely to jeopardize the survival of a
federally listed threatened or endangered species or to alter
habitat critical for the survival or recovery of such species.
Sec. 9114. Unlawful acts
Section 9114 amends section 12 of the Federal Insecticide,
Fungicide, and Rodenticide Act to clarify that any taking of a
federally listed threatened or endangered species resulting
from the lawful use of a pesticide determined by the
Administrator to meet the criteria specified in section
3(c)(5)(A)(v) is not considered unlawful.
Sec. 9115. Authority of states
Section 9115 amends section 24(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act to require the
Administrator, when disapproving a State pesticide
registration, to determine that the pesticide, when used in
accordance with widespread and commonly recognized practices,
is not likely to jeopardize the survival of a federally listed
threatened or endangered species or to alter habitat critical
for the survival or recovery of such species.
Sec. 9116. Regulations
Section 9116 directs the Administrator to publish and
continue to review a work plan for completing required
determinations and implementing and enforcing registration
standards.
Sec. 9117. Use of authorized pesticides
Section 9117 amends section 3(f) of the Federal
Insecticide, Fungicide, and Rodenticide Act to direct the
Administrator or a State to not require a permit under the
Federal Water Pollution Control Act for a discharge from a
point source into navigable waters.
Sec. 9118. Discharges of pesticides
Section 9118 amends section 402 of the Federal Water
Pollution Control Act by adding new subsection(s) to prevent
the Administrator or a State from requiring a permit for a
discharge into navigable waters of a pesticide authorized under
the Federal Insecticide, Fungicide, and Rodenticide Act except
under listed circumstances.
Sec. 9119. Enactment of Pesticide Registration Improvement Act of 2017
Section 9119 enacts into law H.R. 1029 of the 115th
Congress.
Part III--Amendments to the Plant Protection Act
Sec. 9121. Methyl bromide
Section 9121 amends section 419 of the Plant Protection Act
to clarify the authorized uses of methyl bromide.
Subsection (a) of section 419 allows the Secretary of
Agriculture or a State, local, or Tribal authority to authorize
the qualified use of methyl bromide in response to an emergency
event. Subsection (a) also requires that any State, local, or
Tribal authority that authorizes such use notify the Secretary
within 5 days of such determination. A State, local, or Tribal
authority may not authorize the use of methyl bromide if the
Secretary objects to the use within 5 days of the notification.
Subsection (b) of section 419 requires that a notification
by any State, local, or Tribal government contain a
certification of the authorization to use methyl bromide in
response to an emergency event, a description of the emergency
event and the economic loss that would result from such event,
contact information for a designated responsible individual of
the authority, the location of the emergency event including
the total acreage of the event, the identity of the pests to be
controlled, the total volume of methyl bromide to be used, and
the anticipated date of such use.
Subsection (c) of section 419 allows the Secretary to
object to an authorization of use within 5 days of receipt of
notification by a State, local, or Tribal authority. The
Secretary shall provide notification of the objection in
writing, including reasons for such objection and any
additional information that the Secretary would require to
withdraw the objection. The Secretary may object to an
authorization if the Secretary determines the notification does
not contain all the information required, does not demonstrate
the existence of an emergency event, or the qualified use does
not comply with the enumerated limitations on use. Subsection
(c) also allows the Secretary to withdraw an objection if,
within 14 days of the transmission of the notification for
authorized use, the State, local, or Tribal government submits
additional information to the satisfaction of the Secretary.
Upon issuance of the withdrawal, the State, local, or Tribal
authority may authorize the use of methyl bromide subject to
the limitations of qualified use.
Subsection (d) of section 419 deems the production,
distribution, sale, shipment, application, or use of a
pesticide containing methyl bromide pursuant to an
authorization under this section to also be authorized under
the Federal Insecticide, Fungicide, and Rodenticide Act,
regardless of whether the use is registered under the Act and
included on the approved label for the product.
Subsection (e) of section 419 limits the amount of methyl
bromide that may be used per specific location of an emergency
to 20 metric tons. Further, the aggregate amount of methyl
bromide that may be used in the U.S. in a calendar year shall
not exceed the total amount authorized by the Montreal Protocol
for critical use in the U.S. in calendar year 2011.
Subsection (f) of section 419 allows for the production or
importation of methyl bromide in response to an emergency
event, notwithstanding any other provision of law.
Subsection (g) of section 419 gives the Secretary exclusive
authority for determining which species are considered
quarantine pests.
Subsection (h) of section 419 includes definitions of
relevant terms such as ``emergency event,'' ``pests,'' and
``qualified use.''
Part IV--Amendments to Other Laws
Sec. 9131. Definition of retail facilities
Section 9131 amends section 6 of the Occupational Safety
and Health Act of 1970 to codify an existing exemption for
agricultural retailers from the U.S. Occupational Safety and
Health Administration's (OSHA) Process Safety Management (PSM)
of Hazardous Chemicals standard.
SUBTITLE C--OTHER MATTERS
Sec. 9201. Report on regulation of plant biostimulants
Subsection (a) of section 9201 requires the Secretary, not
later than 1 year after enactment, to submit a report to the
President and Congress that identifies potential regulatory and
legislative reforms to ensure the expeditious and appropriate
review, approval, uniform national labeling, and availability
of plant biostimulant products to agricultural producers.
Subsection (b) of section 9201 requires the Secretary to
prepare the report required in subsection (a) in consultation
with the Administrator of the EPA.
Subsection (c) of section 9201 defines ``plant
biostimulant'' as a substance or micro-organism that, when
applied to seeds, plants, or the rhizosphere, stimulates
natural processes to enhance or benefit nutrient uptake,
nutrient efficiency, tolerance to abiotic stress, or crop
quality and yield.
Sec. 9202. Pecan marketing orders
Section 9202 amends section 8e(a) of the Agricultural
Marketing Agreement Act of 1937 to add pecans to the list of
imported agricultural products the Secretary has the authority
to subject to marketing order terms and conditions regulating
grade, size, quality, and maturity.
Sec. 9203. Report on honey and maple syrup
Section 9203 requires the Secretary to submit a report not
later than 60 days after enactment examining the effect of the
Nutrition and Supplemental Facts Labels final rule regarding
the ``added sugar'' statement required on packaged food in
which no sugar is added during processing, including pure honey
and maple syrup.
TITLE X--CROP INSURANCE
Sec. 10001. Treatment of forage and grazing
Section 10001(a) amends section 508(b)(1) of the Federal
Crop Insurance Act to strike the exception that provides that
catastrophic risk protection plans shall not be available for
crops and grasses used for grazing.
Section 10001(b) amends section 508(n)(2) of the Federal
Crop Insurance Act to provide for an exception to the
limitation on multiple benefits for the same loss for coverage
described in the new section 508D of the Federal Crop Insurance
Act.
Section 10001(c) amends the Federal Crop Insurance Act to
include a new section 508D which permits separate crop
insurance policies, including a catastrophic risk protection
plan, to be purchased for crops that can be both grazed and
mechanically harvested on the same acres during the same
growing season.
Sec. 10002. Administrative basic fee
Section 10002 amends section 508(b)(5)(A) of the Federal
Crop Insurance Act to increase the administrative basic fee
from $300 to $500.
Sec. 10003. Prevention of duplicative coverage
Section 10003(a) amends section 508(c)(1) of the Federal
Crop Insurance Act to make crops for which the producer has
elected agriculture risk coverage, or that are enrolled in the
stacked income protection plan, ineligible for coverage based
on an area yield and loss basis, coverage based on a margin
basis, or supplemental coverage.
Section 10003(b) makes conforming amendments.
Sec. 10004. Repeal of unused authority
Section 10004(a) amends section 508(d) of the Federal Crop
Insurance Act to repeal the performance-based discount for
producers.
Section 10004(b) makes conforming amendments.
Sec. 10005. Continued authority
Section 10005 amends section 508(g) of the Federal Crop
Insurance Act to continue the use of actual production history
in the Risk Management Agency's underwriting rules as in
current law.
Sec. 10006. Program administration
Section 10006 amends section 516(b)(2)(C)(i) of the Federal
Crop Insurance Act to extend the authority of the Federal Crop
Insurance Corporation to pay costs that assist in maintaining
program actuarial soundness and financial integrity.
Sec. 10007. Maintenance of policies
Section 10007(a) amends section 522(b) of the Federal Crop
Insurance Act to provide more specificity on the types of costs
for research and development costs related to policies that
have been approved by the Federal Crop Insurance Corporation
Board that are considered reasonable; clarity on entities that
may charge a fee for maintaining policies; and the
circumstances under which a fee shall be disapproved.
Section 10007(b) provides that this section applies to
reimbursement requests made on or after October 1, 2016, and
that requests for reimbursement that were denied between
October 1, 2016, and the date of enactment of this Act may be
resubmitted.
Sec. 10008. Research and development priorities
Section 10008(a) amends section 522(c) of the Federal Crop
Insurance Act to strike 16 completed studies and research and
development contracts.
Section 10008(b) amends section 522(c)(7) of the Federal
Crop Insurance Act to define ``beginning farmer or rancher''
for the purposes of research and development of whole farm
insurance plans.
Section 10008(c) amends section 522(c) of the Federal Crop
Insurance Act to require that the Federal Crop Insurance
Corporation conduct research and development on a policy to
insure certain crops due to losses due to tropical storms or
hurricanes; the creation of a separate practice for subsurface
irrigation; the difference in rates, average yields, and
coverage levels of grain sorghum policies as compared to other
feed grains within a county; and the establishment of an
alternative method of adjusting for quality losses that does
not impact the average production history of producers.
Sec. 10009. Extension of funding for research and development
Section 10009 amends section 522 of the Federal Crop
Insurance Act to discontinue partnerships for risk management
development and implementation, and to reauthorize the
Commodity Credit Corporation's ability to conduct research and
development and carry out contracting and partnerships at not
more than $8,000,000 for fiscal year 2019 and each subsequent
fiscal year.
Sec. 10010. Education and risk management assistance
Section 10010 amends section 524 of the Federal Crop
Insurance Act to eliminate the crop insurance education and
information program for targeted states carried out by the Risk
Management Agency and the Agricultural Management Assistance
Program, and to reauthorize the risk management education and
assistance carried out through the National Institute of Food
and Agriculture.
TITLE XI--MISCELLANEOUS
SUBTITLE A--LIVESTOCK
Sec. 11101. Animal Disease Preparedness and Response
Subsection (a) of section 11101 amends the Animal Health
Protection Act by inserting after section 10409A a new Section
10409B to establish the National Animal Preparedness and
Response Program to address the risk of introduction and spread
of animal diseases that have an adverse effect on the livestock
and related industries of the United States. The subsection
defines eligible entities for purposes of the program; directs
the Secretary to enter into cooperative agreements with such
eligible entities to carry out listed program activities; gives
priority to applications from a State department of
agriculture, the office of the chief animal health officer of a
State, and eligible entities carrying out programs in States or
regions with known factors contributing to the increased risk
of animal pest or disease; outlines an application process and
consultation process for setting program priorities; and
establishes reporting requirements for eligible entities that
have completed activities using program funds.
Subsection (b) of section 11101 amends the Animal Health
Protection Act by inserting after new Section 10409B, 10409C to
establish a National Animal Health Vaccine Bank for the benefit
of the domestic interests of the United States and to help
protect the United States agriculture and food systems against
terrorist attack, major disaster, and other emergencies. The
subsection requires the Secretary to maintain within the bank,
sufficient quantities of animal vaccine, antiviral,
therapeutic, or other diagnostic products to appropriately and
rapidly respond to an outbreak of animal disease, leveraging
when appropriate, the infrastructure developed for the
management of the National Veterinary Stockpile. The subsection
further requires the Secretary to prioritize the acquisition of
foot and mouth disease vaccine and accompanying diagnostic
products and to consider contracting with one or more entities
capable of producing the vaccine that have surge production
capacity.
Subsection (c) of section 11101 amends section 10417 of the
Animal Health Protection Act to provide mandatory funding of
$250,000,000 for fiscal year 2019 to remain available until
expended, of which $30,000,000 shall be made available to carry
out the National Animal Health Laboratory Network, $70,000,000
shall be made available to carry out the National Animal
Disease Preparedness and Response Program, and $150,000,000
shall be made available to establish and maintain the National
Animal Health Vaccine Bank. The subsection provides $50,000,000
in mandatory funding for fiscal years 2020 through 2023 to
remain available to be expended, of which $30,000,000 shall be
made available each year to carry out the National Animal
Disease Preparedness and Response Program, and reauthorizes
annual appropriations of $15,000,000 to carry out the National
Animal Health Laboratory through 2023. Finally, the subsection
limits administrative program costs; allows for proceeds from
vaccine sales to be credited to the account for operation and
maintenance of the vaccine bank; prohibits the use of program
funds on the construction of new facilities; and makes a
necessary conforming amendment.
Sec. 11102. National Aquatic Animal Health Plan
Section 11102 amends section 11013(d) of the Food,
Conservation, and Energy Act of 2008 to reauthorize the
national aquatic animal health program through 2023.
Sec. 11103. Veterinary training
Section 11103 amends section 10504 of the Farm Security and
Rural Investment Act of 2002 to authorize the Secretary to
maintain in all regions of the United States veterinary teams,
including those based at colleges of veterinary medicine, who
are capable of providing effective response services before,
during and after emergencies.
Sec. 11104. Report on FSIS guidance and outreach to small meat
processors
Section 11104 requires the USDA Inspector General, not
later than one year after enactment of this Act, to conduct a
study on the effectiveness of existing FSIS guidance materials
and other tools used by small and very small establishments, as
defined by FSIS regulations, and provide recommendations on
measures FSIS should take to improve regulatory clarity and
consistency.
SUBTITLE B--BEGINNING, SOCIALLY DISADVANTAGED, AND VETERAN PRODUCERS
Sec. 11201. Outreach and assistance for socially disadvantaged farmers
and ranchers and veteran farmers and ranchers
Section 11201 amends section 2501(a)(4) of the Food,
Agriculture, Conservation, and Trade Act of 1990 to reauthorize
mandatory funding of $10,000,000 for each fiscal year and
reauthorize appropriations of $20,000,000 for each fiscal year
through 2023. The section also establishes a priority for
projects that deliver agricultural education and provide
agricultural employment or volunteer opportunities to youth in
underserved and underrepresented communities.
Sec. 11202. Office of Partnerships and Public Engagement
Subsection (a) of section 11202 changes the name of the
Office of Advocacy and Outreach to the Office of Partnerships
and Public Engagement and updates references to such Office
accordingly.
Subsection (b) of Section 11202 expands the purposes of the
Office to expand outreach to limited resource producers,
veteran farmers and ranchers, tribal farmers and ranchers, and
to promote youth outreach.
Subsection (c) of section 11202 amends section
226B(f)(3)(B) of the Department of Agriculture Reorganization
Act of 1994 to reauthorize appropriations of $2,000,0000 each
fiscal year for the program through 2023.
Subsection (d) of section 11202 makes a conforming
amendment to section 309 of the Department of Agriculture
Reorganization Act of 1994.
Sec. 11203. Commission on Farm Transitions--Needs for 2050
Subsection (a) of section 11203 establishes the Commission
on Farm Transitions-Needs for 2050.
Subsection (b) of section 11203 requires that the
Commission conduct a study on issues impacting the transition
of agricultural operations from established farmers and
ranchers to the next generation of farmers and ranchers.
Subsection (c) of section 11203 outlines the membership
composition of the Commission, which shall consist of 10 total
members including three members appointed by the Secretary, 3
members appointed by the Committee on Agriculture, Nutrition,
and Forestry of the Senate, 3 members appointed by the
Committee on Agriculture of the House of Representatives, and
the Chief economist of the Department of Agriculture.
Subsection (c) requires that members be appointed no later than
60 days after enactment of this Act; establishes that member
terms shall be for the life of the Commission; and requires
that the initial meeting of the Commission occur not later than
30 days after all members have been appointed.
Subsection (d) of section 11203 establishes quorum
requirements for purposes of conducting meetings and hearings.
Subsection (e) of section 11203 requires the Secretary to
appoint one of the Commission members as Chairperson of the
Commission.
Subsection (f) of section 11203 requires the Commission to,
not later than one year after enactment of this Act, submit to
the President, Committee on Agriculture, Nutrition, and
Forestry of the Senate, and the Committee on Agriculture of the
House of Representatives a report containing the results of the
study required under subsection (b).
Subsection (g) of section 11203 authorizes the Commission
to hold hearings, meet, take testimony, and receive evidence as
the Commission considers advisable to carry out this section.
Subsection (h) of section 11203 authorizes the Commission
to secure information directly from a Federal agency that the
Commission considers necessary to carry out this section.
Subsection (i) of section 11203 authorizes the Commission
to use the United States mail in the same manner as other
Federal agencies.
Subsection (j) of section 11203 authorizes the Secretary to
provide the Commission office space and reasonable
administrative support services.
Subsection (k) of section 11203 establishes compensation
levels for Commission members.
Subsection (l) of section 11203 exempts the Commission from
the requirements of the Federal Advisory Committee Act.
Sec. 11204. Agricultural youth organization coordinator
Section 11204 amends Subtitle A of the Department of
Agriculture Reorganization Act of 1994 by adding at the end,
new section 221 to authorize the Secretary to establish the
position of Agricultural Youth Organization Coordinator. Such
coordinator shall, among other duties, promote the role of
youth-serving organizations and school-based agricultural
education; serve as a resource for assisting young farmers in
applying for participation in agricultural programs; and
advocate on behalf of young farmers in interactions with
employees of the Department.
SUBTITLE C--TEXTILES
Sec. 11301. Repeal of Pima Agriculture Cotton Trust Fund
Section 11301 repeals Section 12314 of the Agricultural Act
of 2014.
Sec. 11302. Repeal of Agriculture Wool Apparel Manufacturers Trust Fund
Section 11302 repeals Section 12315 of the Agricultural Act
of 2014.
Sec. 11303. Repeal of wool research and promotion grants funding
Section 11303 repeals Section 12316 of the Agricultural Act
of 2014.
Sec. 11304. Textile Trust Fund
Section 11304(a) establishes the Textile Trust Fund for the
purposes of reducing injury for certain domestic manufacturers
resulting from tariffs on certain cotton and wool products that
are higher than tariffs on certain cotton and wool apparel
articles made from those products.
Section 11304(b) and (c) provide for the distribution of
funds from the Textile Trust Fund.
Section 11304(d) provides for the timing of distributions
of funds from the Textile Trust Fund.
Section 11304(e) authorizes the Textile Trust Fund through
2023 and provides funding. The section also provides mandatory
funding to carry out section 209 of the Agricultural Marketing
Act of 1946.
SUBTITLE D--UNITED STATES GRAIN STANDARDS ACT
Sec. 11401. Restoring certain exceptions to United States Grain
Standards Act
Section 11401(a) restores certain exceptions to the United
States Grain Standards Act where an agreement between an
eligible grain handling facility and the official agency has
been reached and the Secretary of Agriculture has been notified
of such agreement.
Section 11401(b) provides that grain handling facilities
that were previously granted exceptions and had such exceptions
revoked on or after September 30, 2015, may have exceptions
restored.
Section 11401(c) provides that after the date of enactment
of the Act, an exception may only be terminated if two or more
of the parties to the exception agree to termination.
SUBTITLE E--NONINSURED CROP DISASTER ASSISTANCE PROGRAM
Sec. 11501. Eligible crops
Section 11501 amends section 196(a) of the Federal
Agriculture Improvement and Reform Act to define `eligible
crops' for the purposes of non-insured assistance as commercial
crops or other agricultural commodities which are produced for
food or fiber (except livestock) for which catastrophic risk
protection or certain additional coverage is not available.
Sec. 11502. Service fee
Section 11502 amends section 196(k) of the Federal
Agriculture Improvement and Reform Act of 1996 to increase the
service fees for eligible crops to the lesser of $350 per crop
per county or $1,050 per producer per county, but not to exceed
a total of $2,100 per producer.
Sec. 11503. Payments equivalent to additional coverage
Section 11503(a) amends section 196(l) of the Federal
Agriculture Improvement and Reform Act of 1996 to add the
producer's share of the crop to the list of multipliers
available to calculate the service fee or premium required to
be paid by the producer in order to receive payments under
noninsured assistance.
Section 11503(b) strikes an obsolete paragraph.
Section 11503(c) reauthorizes the program through 2023.
SUBTITLE F--OTHER MATTERS
Sec. 11601. Under Secretary of Agriculture for Farm Production and
Conservation
Section 11601 updates references to the Under Secretary of
Agriculture for Farm Production and Conservation and other
designated department official in various acts.
Sec. 11602. Authority of Secretary to carry our certain programs under
Department of Agriculture Reorganization Act of 1994
Section 11602 amends the Department of Agriculture
Reorganization Act of 1994 to provide that the Secretary has
the authority to carry out amendments made to that Act by the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2018, and this Act.
Sec. 11603. Conference report requirement threshold
Section 11603 amends the threshold for reporting
conferences to $75,000.
Sec. 11604. National agriculture imagery program
Section 11604(a) requires the Secretary of Agriculture to
carry out a national agriculture imagery program.
Section 11604(b) sets forth the requirements for the aerial
imagery acquired under the national agriculture imagery
program.
Section 11604(c) provides an authorization of supplemental
satellite imagery.
Section 11604(d) provides an authorization of
appropriations for the program.
Sec. 11605. Report on inclusion of natural stone products in Commodity
Promotion, Research, and Information Act of 1996
Section 11605 requires the Secretary to provide a report on
the potential inclusion of ``products of natural stone'' under
the Commodity Promotion, Research, and Information Act of 1996.
Sec. 11606. South Carolina Inclusion in Virginia/Carolina Peanut
Producing Region
Section 11606 amends section 1308(c)(2(B)(iii) of the Farm
Security and Rural Investment Act of 2002 to add South Carolina
to the Virginia/Carolina peanut producing region for the
purposes of membership on the Peanut Standards Board.
Sec. 11607 Establishment of Food Loss and Waste Reduction Liaison
Section 11607 amends Subtitle A of the Department of
Agriculture Reorganization Act of 1994, as amended by section
12202, to add at the end a new section 222 establishing within
the Office of the Secretary, a Food Loss and Waste Reduction
Liaison to coordinate Federal programs to measure and reduce
the incidence of food loss and waste.
Sec. 11608 Cotton classification services
Section 11608 amends section 3a of the Act of March 3, 1927
to provide that employees hired to provide cotton
classification services may work up to 240 calendar days in a
service year and may be rehired every year if they meet certain
expectations.
Committee Consideration
I. HEARINGS
The Committee on Agriculture and the six Subcommittees held
21 hearings during the 115th Congress in anticipation of the
2018 Farm Bill.
On February 15, 2017, the Full Committee held a hearing
entitled, ``Rural Economic Outlook: Setting the Stage for the
Next Farm Bill'' where the following witnesses testified on
matters included in H.R. 2:
Dr. Robert Johansson, Chief Economist,
United States Department of Agriculture, Washington,
D.C.
Dr. Nathan S. Kauffman, Assistant Vice
President and Omaha Branch Executive, Federal Reserve
Bank of Kansas City, Omaha Branch, Omaha, NE
Dr. Joe L. Outlaw, Professor and Extension
Economist, and Co-Director of the Agricultural and Food
Policy Center, Texas A&M University, Department of
Agricultural Economics, College Station, TX
Dr. Patrick Westhoff, Professor, Director
for the Food and Agricultural Policy Research
Institute, University of Missouri, Columbia, MO
Dr. D. Scott Brown, State Agricultural
Extension Economist and Assistant Professor, University
of Missouri, Columbia, MO
This hearing focused on the current state of the rural
economy. Witnesses were five economists from USDA, the Federal
Reserve, and land-grant universities who provided data and
perspective on the significant challenges facing America's
farmers, ranchers, and their rural neighbors. With net farm
income expected to be down 50 percent over four years from its
peak in 2013, concerns on the economic realities are front and
center for the upcoming discussion on the farm bill. Producers
need a reliable farm safety net that provides reliable risk
management tools in periods of low prices. Witnesses described
their concerns on the economy, but also some bright spots when
comparing the current situation to the farm crisis of the
1980s. Dairy and cotton were both of particular focus of
questions, with the economists on the panel providing
perspective on their concerns with markets and current policy
for those commodities.
On February 16, 2017, the Full Committee held a hearing
entitled, ``Pros and Cons of Restricting SNAP Purchases'' where
the following witnesses testified on matters included in H.R.
2:
Dr. Angela K. Rachidi, Research Fellow in
Poverty Studies, American Enterprise Institute,
Washington, D.C.
Dr. Diane Whitmore Schanzenback, Director,
The Hamilton Project, Senior Fellow, Economic Studies,
Brookings Institution, Washington, D.C.
Ms. Leslie G. Sarasin, President and CEO,
Food Marketing Institute, Arlington, VA
Mr. John Weidman, Deputy Executive Director,
The Food Trust, Philadelphia, PA
Dr. Brian Wansink, John S. Dyson Professor
of Marketing and Director of the Cornell University
Food and Brand Lab, Ithaca, NY
In this hearing Members discussed the implications of
further restricting what can be purchased with SNAP dollars,
the implementation process for retailers, and the impact that
restrictions, incentives, and nutrition education have on
consumer behavior change. The hearing focused on the best
avenue to improve the diets of low-income Americans. Members
heard from a variety of perspectives related to the impact of
restricting food purchases within SNAP; and their applicable
impacts on health, behavior patterns, as well as from a
representative from the retail industry.
On February 28, 2017, the Subcommittee on Conservation and
Forestry held a hearing entitled, ``The Next Farm Bill:
Conservation Policy'' where the following witnesses testified
on matters included in H.R. 2:
Mr. Chuck Coffey, Owner/Manager, Double C
Cattle Company, Davis, OK; on behalf of the National
Cattelmen's Beef Association
Mr. Timothy Gertson, Co-Owner/Co-Operator,
G5 Farms; Member, USA Rice Federation Board of
Directors, Lissie, TX
Mr. Jeremy Peters, Chief Executive Officer,
National Association of Conservation Districts,
Washington, D.C.; on behalf of Mr. Lee McDaniel,
Immediate Past President, NACD
Mr. David E. Nomsen, Vice President of
Governmental Affairs, Pheasants Forever, Inc.,
Garfield, MN
The Honorable John F. Piotti, President,
American Farmland Trust, Washington, D.C.
This Subcommittee hearing evaluated reforms made to the
conservation title (Title II) in the past farm bill. Under the
2014 Farm Bill, conservation programs were consolidated and
reformed to provide flexibility and to reduce duplication
across programs. The farm bill provides farmers, ranchers,
foresters, and landowners with voluntary, incentive-based
financial and technical assistance for conservation practices.
Testimony provided feedback on consolidation as well as
suggestions for policy changes in the next farm bill. The need
for technical assistance was a priority for all the witnesses,
for working lands programs and land retirement programs. All
witnesses supported incentive-based, voluntary conservation as
the best way to provide benefits to the environment, the
farmer, the public, and wildlife.
On February 28, 2017, the Subcommittee on Livestock and
Foreign Agriculture held a hearing entitled, ``The Next Farm
Bill: International Market Development'' where the following
witnesses testified on matters included in H.R. 2:
Dr. Gary Williams, Professor of Agricultural
Economics & Co-Director of the Food, Agribusiness, and
Consumer Economics Research Center, Texas A&M
University, College Station, TX
The Honorable Joseph E. Steinkamp, Member,
American Soybean Association Board of Directors,
Evansville, IN; on behalf of the Coalition to Promote
U.S. Agriculture Exports and the Agribusiness Coalition
for Foreign Market Development
Mr. Tim Hamilton, Executive Director, Food
Export--Midwest and Food Export--Northeast, Chicago, IL
Mr. Philip Seng, President & CEO, U.S. Meat
Export Federation, Denver, CO
Mr. Dean Alanko, Vice President of Sales and
Marketing, Allegheny Wood Products, Petersburg, WV; on
behalf of the Hardwood Federation
Mr. Paul Wenger, almond grower and
President, California Farm Bureau, Sacramento, CA
Through this hearing, the Committee sought to develop a
better understanding of, and record of support for, USDA's
trade promotion and market development programs--namely the
Market Access Program (MAP) and the Foreign Market Development
(FMD) program. Witnesses made clear the importance of these
programs in opening and developing new markets for U.S.
products overseas, especially in the face of uncertainty
regarding the status of existing and future trade agreements.
On March 9, 2017, the Subcommittee on Commodity Exchanges,
Energy, and Credit held a hearing entitled, ``The Next Farm
Bill: Rural Development and Energy Programs'' where the
following witnesses testified on matters included in H.R. 2:
The Honorable Bob Fox, Chair, Renville
County Board of Commissioners; Member, National
Association of Counties Board of Directors, Franklin,
MN
Mr. Dennis L. Chastain, President & CEO,
Georgia EMC, Tucker, GA; on behalf of NRECA
Mr. Steve Fletcher, Manager & Operator,
Washington County Water Company; President, National
Rural Water Association, Nashville, IL
Mr. R. Craig Cook, Chief Operations Officer,
Hill Country Telephone Cooperative, Inc., Ingram, TX;
on behalf of NTCA
Mr. John Duff, Strategic Business Director,
National Sorghum Producers, Lubbock, TX
The Honorable James C. Greenwood, President
and CEO, Biotechnology Innovation Organization,
Washington D.C.
Through this hearing, the Committee reviewed the portfolio
of rural development and energy programs administered by the
U.S. Department of Agriculture. The Committee heard from a
broad array of stakeholders who shared their views on how the
rural development and renewable energy loan and grant programs
promote economic growth and rural revitalization.
On March 9, 2017, the Subcommittee on Biotechnology,
Horticulture, and Research held a hearing entitled, ``The Next
Farm Bill: Specialty Crops'' where the following witnesses
testified on matters included in H.R. 2:
Mr. James Field, Jr., Director of Business
Development, Frey Farms, LLC, Keenes, IL
Mr. N. Larry Black, Jr., General Manager,
Peace River Packing Company, Ft. Meade, FL
Mr. Sean Gilbert, General Manager, Gilbert
Orchards, Inc. and Sundquist Fruit, Yakima, WA
Mr. Jay Hill, Owner-Operator, Hill Farms and
Wholesome Valley Farms, Mesilla Park, NM
Ms. Laura Davis, Co-Owner/Co-Operator, Long
Life Farm; President, Northeast Organic Farming
Association--Massachusetts Chapter Board of Directors,
Hopkinton, MA
This hearing continued a series of subcommittee hearings
that set the stage for the next farm bill. The hearing
evaluated the effectiveness of the 2014 Farm Bill programs
aimed at benefiting specialty crop production, which can be
found in multiple titles. Witnesses raised concerns on a host
of different programs, such as research funding, pest and
disease control, trade promotion programs, and immigration
policy.
On March 16, 2017, the Subcommittee on Biotechnology,
Horticulture, and Research held a hearing entitled, ``The Next
Farm Bill: Agricultural Research'' where the following
witnesses testified on matters included in H.R. 2:
Dr. Jay T. Akridge, Glenn W. Sample Dean of
Agriculture, Purdue University, West Lafayette, IN; on
behalf of APLU
Mr. Richard Wilkins, Chairman American
Soybean Association; Vice President, National Coalition
for Food and Agricultural Research, Greenwood, DE
Dr. James C. Carrington, President, Donald
Danforth Plant Science Center, St. Louis, MO
This hearing explored agricultural research (Title VII of
the 2014 Farm Bill). The witnesses provided a general overview
of the topic, stressing the important role that research plays
in ensuring that American agriculture remains competitive and
capable of addressing growing needs around the world. The
witnesses also highlighted growing concerns over declining
public investment in agricultural research and the fact that
other countries are now significantly outpacing the United
States in terms of agricultural research investment.
On March 16, 2017, the Subcommittee on Conservation and
Forestry held a hearing entitled, ``The Next Farm Bill:
Forestry Initiatives'' where the following witnesses testified
on matters included in H.R. 2:
Mr. George Geissler, C.F., Oklahoma State
Forester, Vice President, National Association of State
Foresters, Oklahoma City, OK
Ms. Susan Benedict, Managing Partner,
Beartown Family Limited Partnership, State College, PA
Mr. Jim D. Neiman, President & CEO, Neiman
Enterprises, Inc.; President, Federal Forest Resource
Coalition, Hulett, WY
Ms. Rebecca A. Humphries, Chief Conservation
and Operations Officer, National Wild Turkey Federal,
Edgefield, SC
Mr. Tom Harbour, Retired National Director,
Fire & Aviation Management, U.S. Forest Service;
Founder, Harbour Fire Consulting, Falls Church, VA
In the hearing the witnesses evaluated the effectiveness of
farm bill authorized provisions that impact Forest Service
managed lands, as well as state and private forestry. The focus
was on the forestry, conservation, and energy titles of the
2014 Farm Bill. Of particular interest to Members and the
witnesses was the effect that management decisions had on
catastrophic wildfires. They discussed challenges to reducing
fuel loads through the removal of timber and biomass, and
needed technical assistance for private forests owners to
manage properly. Witnesses also testified about the importance
of markets for wood products to drive forest management.
On March 21, 2017, the Subcommittee on Nutrition held a
hearing entitled, ``The Next Farm Bill: Nutrition Distribution
Programs'' where the following witnesses testified on matters
included in H.R. 2:
Ms. Carrie Calvert, Director of Tax and
Commodity Policy, Feeding America, Washington, D.C.
Mr. Frank Kubik, CSFP Director, Focus: HOPE,
Detroit, MI
Mr. Jerry Tonubbee, Director--Food
Distribution Program, Choctaw Nation of Oklahoma,
Durant, OK
Ms. Diane Kriviski, Deputy Administrator
Supplemental Nutrition and Safety Programs, Food and
Nutrition Service, USDA, Alexandria, VA
This hearing provided Members with operational and policy
perspectives associated with three food distribution programs
within the nutrition title: The Emergency Food Assistance
Program (TEFAP), the Commodity Supplemental Food Program
(CSFP), and the Food Distribution Program on Indian
Reservations (FDPIR). Witnesses provided information on how
USDA Foods are distributed, associated eligibility criteria and
legal authority, as well as how these distribution programs
differ from one another, how they interact, and how TEFAP,
CSFP, and FDPIR, along with the Supplemental Nutrition
Assistance Program (SNAP), strengthen the nutrition safety net
and provide support to citizens in need.
On March 21, 2017, the Subcommittee on Livestock and
Foreign Agriculture held a hearing entitled, ``The Next Farm
Bill: Livestock Producer Perspectives'' where the following
witnesses testified on matters included in H.R. 2:
Mr. Craig Uden, President, National
Cattlemen's Beef Association, Johnson Lake, NE
Mr. Carl Wittenburg, Chairman, National
Turkey Federation, Alexandria, MN
Mr. Bob Buchholz, Region V Executive Board
Representative, American Sheep Industry Association,
Eldorado, TX
Mr. David D. Herring, Vice President and
Board Member, National Pork Producers Council, Newton
Grove, NC
Despite the lack of a formal ``livestock title'' in the
most recent farm bill, livestock producers participate in a
variety of U.S. Department of Agriculture (USDA) programs and
initiatives. This hearing gave representatives from four of the
major livestock producer groups the opportunity to discuss
their experiences with existing programs and initiatives, as
well as an opportunity to generally discuss the issues facing
the livestock industry, and namely, to lay out their priorities
for the upcoming farm bill.
On March 22, 2017, the Full Committee held a hearing
entitled, ``The Next Farm Bill: Dairy Policy'' where the
following witnesses testified on matters included in H.R. 2:
Mr. James Mulhern, President and CEO,
National Milk Producers Federation, Arlington, VA
Dr. Michael D. Dykes, President and CEO,
International Dairy Foods Association, Washington, D.C.
This hearing reviewed current dairy policy and explored
options to make it more effective for farmers in the next farm
bill. The witnesses provided a general overview of the state of
the dairy industry, which is experiencing an extended period of
low prices. They discussed the effectiveness of the Margin
Protection Program (MPP), which was crafted in the 2014 Farm
Bill during a time when dairy farmers were dealing with record
feed costs that were squeezing margins on the farm. Witnesses
also touched on international issues that have arisen,
hindering their ability to sell their products overseas in
markets that they have become increasingly dependent upon.
On March 28, 2017, the Subcommittee on General Farm
Commodities and Risk Management held a hearing entitled, ``The
Next Farm Bill: Commodity Policy--Part 1'' where the following
witnesses testified on matters included in H.R. 2:
Mr. Wesley Spurlock, President, National
Corn Growers Association, Stratford, TX
Mr. Ron Moore, President, American Soybean
Association, Roseville, IL
Mr. David K. Schemm, President, National
Association of Wheat Growers, Sharon Springs, KS
Mr. Peter Friederichs, President, National
Barley Growers Association, Foxhome, MN
Mr. Dan Atkisson, Vice Chairman, National
Sorghum Producers, Stockton, KS
This was a continuation of a series of subcommittee
hearings to set the stage for the next farm bill, and the first
to concentrate on provisions in the commodities (Title I) and
crop insurance titles (Title XI). The hearing focused on how
the farm safety net of the 2014 Farm Bill has performed thus
far and what changes will need to be made in the next farm
bill. Testimonies expressed the justifications for farm policy,
its importance to farmers, and contained recommendations to
improve the safety net. Witnesses were producers representing
the national associations for corn, soybeans, wheat, barley,
and grain sorghum producers.
On March 28, 2017, the Subcommittee on Nutrition held a
hearing entitled, ``The Next Farm Bill: The Future of SNAP''
where the following witnesses testified on matters included in
H.R. 2:
Ms. Stacy Dean, Vice President for Food
Assistance Policy, Center on Budget and Policy
Priorities, Washington, D.C.
Mr. Russell Sykes, Director, Center for
Employment and Economic Well-Being, American Public
Human Services Association, Washington, D.C.
Mr. Joseph ``Joe'' Arthur, Executive
Director, Central Pennsylvania Food Bank, Harrisburg,
PA
Mr. Josh Protas, Vice President of Public
Policy, MAZON--A Jewish Response to Hunger, Washington,
D.C.
Ms. Jennifer Hatcher, Chief Public Policy
Officer and Senior Vice President, Government and
Public Affairs, Food Marketing Institute, Arlington, VA
The House Committee on Agriculture completed a
comprehensive review of the Supplemental Nutrition Assistance
Program (SNAP) during the 114th Congress. Known as the Past,
Present, and Future of SNAP, the purpose of the review was to
provide a better understanding of SNAP, the population it
serves, how the program administers food benefits and other
services to assist that population, and to examine ways the
program can be improved. This hearing provided an additional
opportunity for stakeholders and Members to discuss priorities
for improvements to SNAP in the upcoming farm bill, including
fostering adequate nutrition, improving self-sufficiency,
bettering outcomes for children and families via education, and
continuing to improve program efficiency and integrity.
On April 4, 2017, the Subcommittee on General Farm
Commodities and Risk Management held a hearing entitled, ``The
Next Farm Bill: Commodity Policy--Part 2'' where the following
witnesses testified on matters included in H.R. 2:
Mr. Ronnie Lee, Chairman, National Cotton
Council, Bronwood, GA
Mr. Blake Gerard, Chairman, USA Rice Farmers
Board of Directors, Cape Giarardeau, MO; on behalf of
USA Rice Federation
The Honorable Timothy E. McMillan, Co-
Founder and Co-Owner, Southern Grace Farms, Enigma, GA;
on behalf of Southern Peanut Farmers Federation
Mr. Robert Rynning, President, U.S. Canola
Association, Kennedy, MN; on behalf of the National
Sunflower Association
Mr. Jack Roney, Director of Economics and
Policy Analysis, American Sugar Alliance, Arlington, VA
This was a continuation of a series of subcommittee
hearings to set the stage for the next farm bill, and the
second to concentrate on provisions in the commodities (Title
I) and crop insurance titles (Title XI). The hearing focused on
how the farm safety net of the 2014 Farm Bill has performed
thus far and what changes will need to be made in the next farm
bill. Testimonies expressed the justifications for farm policy,
its importance to farmers, and contained recommendations to
improve the safety net. Witnesses were representatives of the
national associations for cotton, rice, peanut, oilseed, and
sugar producers.
On April 4, 2017, the Subcommittee on Commodity Exchanges,
Energy, and Credit held a hearing entitled, ``The Next Farm
Bill: Credit Programs'' where the following witnesses testified
on matters included in H.R. 2:
Mr. Douglas Thiessen, CEO, Alabama Ag
Credit, Montgomery, AL; on behalf of the Farm Credit
System
Mr. Timothy L. Buzby, President and Chief
Executive Officer, Federal Agricultural Mortgage
Corporation, Washington, D.C.
Mr. Nathan E. Franzen, President, Ag
Division, First Dakota National Bank, Yankton, SD; on
behalf of American Bankers Association
Mr. Steven J. Handke, President & CEO, The
Union State Bank of Everest; At-Large Director,
Independent Community Bankers of America, Everest, KS
Mr. W. Scott Marlow, Executive Director,
Rural Advancement Foundation International USA,
Pittsboro, NC; on behalf of the National Sustainable
Agriculture Coalition
During this hearing the Committee evaluated the
effectiveness of the Farm Service Agency credit programs
authorized by the Committee through the farm bill. The focus
stayed on the decline in net farm income and how all lending
institutions are adjusting to the changing needs of producers
in these economic times. Witnesses spoke to the importance of
all programs, both direct and guaranteed, to their ability to
provide reliable credit to producers of all kinds. Additional
discussion surrounded the use of Farmer Mac as a secondary
market for agricultural banks to continue to serve customers
for years to come.
On June 7, 2017, the Full Committee on Agriculture held a
hearing entitled, ``The Next Farm Bill: The Future of
International Food Aid and Agricultural Development'' where the
following witnesses testified on matters included in H.R. 2:
Mr. Ronald J. Suppes, dryland wheat and
sorghum producer, Dighton, KS; on behalf of U.S. Wheat
Associates
Ms. Margaret Schuler, Senior Vice President
of the International Programs Group, World Vision--
U.S., Washington, D.C.
Ms. Navyn Salem, Founder and Chief Executive
Officer, Edesia Inc., Kingstown, RI
Mr. Brian W. Schoeneman, J.D., Political and
Legislative Director, Seafarers International Union
(AFL-CIO), Washington, D.C.; on behalf of USA Maritime
Dr. Thomas S. Jayne, Foundation Professor of
Agricultural, Food, and Resource Economics, Michigan
State University, Kalamazoo, MI; on behalf of the Farm
Journal Foundation
The purpose of this hearing was to build on extensive work
done by the Committee during the 114th Congress reviewing U.S.
international food aid and agriculture development programs.
Witnesses representing a broad range of stakeholder viewpoints
discussed how the Administration's recent budget proposal would
be detrimental to their work. Testimony was provided on behalf
of a commodity group, a private voluntary organization (PVO), a
Ready-to-Use-Food (RUTF) manufacturer, a maritime coalition,
and a nonprofit policy foundation. The hearing explored how
programs eliminated or reduced within the President's budget
proposal actually are a strong fit within the current
Administration's `America First' policy based on job creation,
national security, commodity usage, and other benefits. Members
asked questions related to potential policy changes as they
prepare to craft the upcoming farm bill.
On June 8, 2017, the Subcommittee on Nutrition held a
hearing entitled, ``The Next Farm Bill: SNAP Technology and
Modernization'' where the following witnesses testified on
matters included in H.R. 2:
Mr. Jason Boswell, Vice President for
Programs, Conduent, State and Local Solutions, Inc.,
Florham Park, NJ
Mr. Steve Mathison, Senior Vice President of
Network Relations, First Data Corporation, Washington,
D.C.
Ms. Vickie Yates Brown Glisson, J.D.,
Secretary, Kentucky Cabinet for Health and Family
Services, Frankfort, KY
Ms. Lauren Aaronson, Assistant Deputy
Commissioner, Office of Business Process Innovation,
New York City Human Resources Administration, New York,
NY
The House Committee on Agriculture completed a
comprehensive review of the Supplemental Nutrition Assistance
Program (SNAP) during the 114th Congress. Known as the Past,
Present, and Future of SNAP, the purpose of the review was to
provide a better understanding of SNAP, the population it
serves, how the program administers food benefits and other
services to assist that population, and to examine ways the
program can be improved. This hearing focused on technology and
modernization, including areas that strengthen program
integrity, improve the customer experience, streamline delivery
of services, and ease administrative burden. Witnesses
reinforced this discussion via testimony on eligibility and
issuance systems, customer-facing technologies, and business
enhancements.
On June 22, 2017, the Full Committee on Agriculture held a
hearing entitled, ``The Next Farm Bill: University Research''
where the following witnesses testified on matters included in
H.R. 2:
The Honorable Robert L. Duncan, J.D.,
Chancellor, Texas Tech University System, Lubbock, TX
Dr. Jacqueline K. Burns, Dean for Research
and Director, University of Florida Institute of Food
and Agricultural Sciences, Florida Agricultural
Experiment Station, Gainesville, FL
The Honorable Glenda Humiston, Ph.D., Vice
President, Agriculture and Natural Resources,
University of California, Oakland, CA
Dr. Walter H. Hill, Dean of the College of
Agriculture, Environment and Nutrition Sciences and
Vice Provost for Land-Grant University Affairs,
Tuskegee University, Tuskegee, AL
Dr. Steven H. Tallant, President, Texas A&M
University--Kingsville, Kingsville, TX
Ms. Carrie L. Billy, J.D., President and
CEO, American Indian Higher Education Consortium,
Alexandria, VA
The purpose of this hearing was to highlight the importance
of agricultural research conducted by the U.S. university
system, and to discuss pressing issues facing these
institutions including deferred maintenance of research
infrastructure and facilities. Witnesses represented a variety
of university types including a non-land-grant agriculture
institution, two ``1862s'' conventional land-grant
institutions, a ``1890s'' historically black institution, a
representative of the ``1994s'' tribal institutions, and a
Hispanic-serving agriculture institution. The hearing explored
how various funding streams impact university agricultural
research and examples of successful research innovations.
Provided testimony covered areas such as research
prioritization, infrastructure needs, and funding types.
Members asked questions related to agricultural research
funding and potential policy changes as they prepare to craft
the upcoming farm bill.
On July 12, 2017, the Full Committee on Agriculture held a
hearing entitled, ``The Next Farm Bill: Technology and
Innovation in Specialty Crops'' where the following witnesses
testified on matters included in H.R. 2:
Mr. Paul J. Wenger, President, California
Farm Bureau Federation, Sacramento, CA
Mr. Paul Heller, Vice President, Wonderful
Citrus, Texas Division, Mission, TX
Mr. Gary E. Wishnatzki, Owner and CEO, Wish
Farms, Plant City, FL
Mr. Kevin Murphy, Chief Executive Officer,
Driscoll's, Inc., Watsonville, CA
Mr. Andrew W. LaVigne, President and CEO,
American Seed Trade Association, Alexandria, VA
The purpose of this hearing was to highlight innovation in
the specialty crop industry and discuss ways the next farm bill
can further benefit specialty crop producers. Witnesses
represented various parts of the specialty crop industry
including producers, a marketer, a mechanization start-up co-
founder, a state agriculture federation representative, and a
trade association official. Provided testimony focused largely
on the impact of the agricultural labor shortfall on specialty
producers and the witnesses' experiences with farm bill
programs such as marketing and promotion, research and
extension, plant pest and disease protections, and crop
insurance. The Chairman shared comments related to the need for
increased public understanding that despite being treated
differently than many row crops within the farm safety net, a
variety of supports are in place for specialty crops that
should not be overlooked. Members asked questions related to
specialty producers' involvement in current USDA programs and
potential policy changes as they prepare to craft the upcoming
farm bill, as well as plant breeding and consumer acceptance of
new technologies.
On July 18, 2017, the Subcommittee on Nutrition held a
hearing entitled, ``The Next Farm Bill: Pathways to Success for
SNAP Households'' where the following witnesses testified on
matters included in H.R. 2:
Dr. Harry J. Holzer, John LaFarge Jr., SJ
Professor of Public Policy, McCourt School of Public
Policy, Georgetown University, Washington, D.C.
Mr. Eliyahu Lotzar, M.S.W., Student Success
Coordinator, Onondaga Community College Department of
Economic & Workforce Development, Syracuse, NY
Ms. Heather Reynolds, President and CEO,
Catholic Charities Fort Worth, Fort Worth, TX
The House Committee on Agriculture completed a
comprehensive review of the Supplemental Nutrition Assistance
Program (SNAP) during the 114th Congress. Known as the Past,
Present, and Future of SNAP, the purpose of the review was to
provide a better understanding of SNAP, the population it
serves, how the program administers food benefits and other
services to assist that population, and to examine ways the
program could be improved. This hearing allowed for discussion
of career and education pathway approaches that could
facilitate improved opportunities for SNAP recipients and
households to succeed in the labor market. Witnesses reinforced
this discussion via testimony on the labor market, curriculum
development and soft skill education, and the importance of
case management as an enhancement to work-specific programming.
In addition to the Committee's farm bill hearings in the
115th Congress outlined above, the Committee held six listening
sessions entitled, ``Farm Bill Listening Sessions:
Conversations in the Field''. The listening sessions were held
in the following locations:
Gainesville, FL (June 24, 2017)
San Angelo, TX (July 31, 2017)
Morgan, MN (August 3, 2017)
Modesto, CA (August 5, 2017)
Decatur, IL (August 30, 2017)
Cobleskill, NY (October 9, 2017)
The Committee heard over seventeen hours of testimony and
had over 1,100 producers and interested parties in attendance.
In the 114th Congress, the Committee also held hearings in
anticipation of the reauthorization of the 2014 Farm Bill.
On February 25, 2015, the Full Committee on Agriculture
held a hearing entitled, ``Past, Present, and Future of SNAP''
where the following witnesses testified on matters included in
H.R. 2:
Mr. Douglas J. Besharov, Norman & Florence
Brody Professor, School of Public Policy, University of
Maryland, College Park, MD
Mr. Robert Greenstein, Founder and
President, Center on Budget and Policy Priorities,
Washington, D.C.
The purpose of the hearing was to launch the top-to-bottom
review of the Supplemental Nutrition Assistance Program (SNAP)
by examining the past, present, and future of the program. This
hearing begins the full-scale review of the SNAP program, so
that as the Committee approaches reauthorization, the review
will help prepare the Committee to make meaningful improvements
to the program. This hearing provided Members of the Committee
a brief history of the program, the current state of the
program, and a potential vision for the future.
On February 26, 2015, the Subcommittee on Nutrition held a
hearing entitled, ``Past, Present, and Future of SNAP: SNAP
Recipient Characteristics and Dynamics'' where the following
witnesses testified on matters included in H.R. 2:
Ms. Karen Cunnyngham, Senior Researcher,
Mathematica Policy Research, Washington, D.C.
Dr. Gregory B. Mills, Senior Fellow, Urban
Institute, Washington, D.C.
Mr. Stephen J. Tordella, President, Decision
Demographics, Washington, D.C.