Union Calendar No. 508
115th CONGRESS 2d Session |
[Report No. 115–661]
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.
April 12, 2018
Mr. Conaway introduced the following bill; which was referred to the Committee on Agriculture
May 3, 2018
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 12, 2018]
To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(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.
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.
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.
Sec. 1301. Sugar policy.
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.
Sec. 1501. Modification of supplemental agricultural disaster assistance.
Sec. 1601. Administration generally.
Sec. 1602. Suspension of permanent price support authority.
Sec. 1603. Payment limitations.
Sec. 1604. Adjusted gross income limitation.
Sec. 1605. Prevention of deceased individuals receiving payments under farm commodity programs.
Sec. 1606. Assignment of payments.
Sec. 1607. Tracking of benefits.
Sec. 1608. Signature authority.
Sec. 1609. Personal liability of producers for deficiencies.
Sec. 1610. Implementation.
Sec. 1611. Exemption from certain reporting requirements for certain producers.
Sec. 2101. Program ineligibility.
Sec. 2102. Minimal effect regulations.
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.
Sec. 2301. Definitions.
Sec. 2302. Establishment and administration.
Sec. 2303. Limitation on payments.
Sec. 2304. Conservation innovation grants and payments.
Sec. 2401. Conservation of private grazing land.
Sec. 2402. Grassroots source water protection program.
Sec. 2403. Voluntary public access and habitat incentive program.
Sec. 2404. Watershed protection and flood prevention.
Sec. 2405. Feral swine eradication and control pilot program.
Sec. 2406. Emergency conservation program.
Sec. 2501. Commodity Credit Corporation.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Establishment of State technical committees.
Sec. 2601. Establishment and purposes.
Sec. 2602. Definitions.
Sec. 2603. Agricultural land easements.
Sec. 2604. Wetland reserve easements.
Sec. 2605. Administration.
Sec. 2701. Definitions.
Sec. 2702. Regional conservation partnerships.
Sec. 2703. Assistance to producers.
Sec. 2704. Funding.
Sec. 2705. Administration.
Sec. 2706. Critical conservation areas.
Sec. 2801. Repeal of conservation security and conservation stewardship programs.
Sec. 2802. Repeal of terminal lakes assistance.
Sec. 2803. Technical amendments.
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.
Sec. 3101. Findings.
Sec. 3102. Consolidation of current programs as new International Market Development Program.
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.
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.
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special nutrition projects.
Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions.
Sec. 4202. Seniors farmers’ market nutrition program.
Sec. 4203. Healthy food financing initiative.
Sec. 4204. Amendments to the fruit and vegetable program.
Sec. 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.
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Microloans.
Sec. 5301. Beginning farmer and rancher individual development accounts pilot program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Sec. 5401. Technical corrections to the Consolidated Farm and Rural Development Act.
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.
Sec. 5601. State agricultural mediation programs.
Sec. 5602. Study on loan risk.
Sec. 6001. Prioritizing projects to meet health crises in rural America.
Sec. 6002. Distance learning and telemedicine.
Sec. 6003. Reauthorization of the Farm and Ranch Stress Assistance Network.
Sec. 6004. Supporting agricultural association health plans.
Sec. 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.
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.
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.
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.
Sec. 6501. Value-added agricultural product market development grants.
Sec. 6502. Agriculture innovation center demonstration program.
Sec. 6503. Regional economic and infrastructure development commissions.
Sec. 6504. Definition of rural area for purposes of the Housing Act of 1949.
Sec. 6601. Elimination of unfunded programs.
Sec. 6602. Repeal of Rural Telephone Bank.
Sec. 6603. Amendments to LOCAL TV Act.
Sec. 6701. Corrections relating to the Consolidated Farm and Rural Development Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of 1936.
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.
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.
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.
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.
Sec. 7411. Grazinglands research laboratory.
Sec. 7412. Natural products research program.
Sec. 7413. Sun grant program.
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.
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.
Sec. 8101. Support for State assessments and strategies for forest resources.
Sec. 8102. Forest legacy program.
Sec. 8103. Community forest and open space conservation program.
Sec. 8104. State and private forest landscape-scale restoration program.
Sec. 8105. Rural revitalization technologies.
Sec. 8106. Community wood energy and wood innovation program.
Sec. 8107. Healthy Forests Restoration Act of 2003 amendments.
Sec. 8108. National Forest Foundation Act authorities.
Sec. 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.
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.
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.
Sec. 8331. Good neighbor agreements.
Sec. 8332. Promoting cross-boundary wildfire mitigation.
Sec. 8333. Regulations regarding designation of dead or dying trees of certain tree species on National Forest System lands in California as exempt from prohibition on export of unprocessed timber originating from Federal lands.
Sec. 8401. Protection of Tribal forest assets through use of stewardship end result contracting and other authorities.
Sec. 8402. Tribal forest management demonstration project.
Sec. 8501. Clarification of research and development program for wood building construction.
Sec. 8502. Utility infrastructure rights-of-way vegetation management pilot program.
Sec. 8503. Revision of extraordinary circumstances regulations.
Sec. 8504. No loss of funds for wildfire suppression.
Sec. 8505. Technical corrections.
Sec. 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.
Sec. 9101. Recognition and role of State lead agencies.
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.
Sec. 9121. Methyl bromide.
Sec. 9131. Definition of retail facilities.
Sec. 9201. Report on regulation of plant biostimulants.
Sec. 9202. Pecan marketing orders.
Sec. 9203. Report on honey and maple syrup.
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.
Sec. 11101. Animal Disease Preparedness and Response.
Sec. 11102. National Aquatic Animal Health Plan.
Sec. 11103. Veterinary training.
Sec. 11104. Report on FSIS guidance and outreach to small meat processors.
Sec. 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.
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.
Sec. 11401. Restoring certain exceptions to United States Grain Standards Act.
Sec. 11501. Eligible crops.
Sec. 11502. Service fee.
Sec. 11503. Payments equivalent to additional coverage.
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.
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.
In this Act, the term “Secretary” means the Secretary of Agriculture.
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:
(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
(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
(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.
(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:
(19) SEED COTTON.—The term “seed cotton” means unginned upland cotton that includes both lint and seed.
(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—
(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) 11⁄8 -inch upland cotton and for Middling (M) 13⁄32 -inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities.
(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.
(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.).
(c) Reduction in Base Acres.—
(1) REDUCTION AT OPTION OF OWNER.—
(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—
(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.
(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.
(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.
(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
(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—
(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—
(2) section 1112(a) of the Agricultural Act of 2014 (7 U.S.C. 9012(a)).
(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—
(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—
(b) Effective Price.—The effective price for a covered commodity for a crop year shall be the higher of—
(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—
(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—
(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—
(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—
(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—
(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.
(d) Payment Rate.—The payment rate for a covered commodity in a county shall be equal to the lesser of—
(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—
(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) 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.);
(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).
(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.
(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.—
(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.—
(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—
(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—
(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.
(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:
(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) 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).
(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—
(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
(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—
(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—
(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—
(iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and
(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
(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
(i) Authority To Temporarily Adjust Repayment Rates.—
(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.
(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—
(c) Payment Rate.—
(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.
(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;
(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;
(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.
(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).
(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) 13⁄32 -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
(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—
(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.
(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
(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) 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—
(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
(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.
(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—
(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
(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
(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)).
(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.—
(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;
(3) CONSULTATION WITH PRIVATE SECTOR.—
(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”.
(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”.
(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—
(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—
“(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:
(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—
(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—
(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—
(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—
(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:
(2) DEFINITIONS.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended—
(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”;
(5) PARTICIPATION.—Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended—
(6) PRODUCTION HISTORY.—Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended—
(7) PAYMENTS.—Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—
(8) PREMIUMS.—Section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended—
(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—
(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:
(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)).
Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—
Section 3 of Public Law 90–484 (7 U.S.C. 450l) is amended by striking “2018” and inserting “2023”.
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”.
Section 1431 of the Agricultural Act of 2014 (7 U.S.C. 9071) is repealed.
(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—
(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.
(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—
(B) chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”).
(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.
(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—
(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.
(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”;
(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”;
(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—
(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,”.
(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”;
(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—
(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).
(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.
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.
(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).
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”.
(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;
(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—
(2) REPAYMENT.—Section 1614(d)(2) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(2)) is amended—
(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.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended—
(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:
(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—
(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
(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;
(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:
(d) Eligibility for consideration.—Section 1231(h) of the Food Security Act of 1985 (16 U.S.C. 3831(h)) is amended—
(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:
(c) Program limitations.—Section 1231B(c) of the Food Security Act of 1985 (16 U.S.C. 3831b(c)) is amended—
(d) Duties of owners and operators.—Section 1231B(e) of the Food Security Act of 1985 (16 U.S.C. 3831b(e)) is amended—
(e) Duties of the Secretary.—Section 1231B(f) of the Food Security Act of 1985 (16 U.S.C. 3831b(f)) is amended—
(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
(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,”.
(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)—
(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”;
(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”;
(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;”;
(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.”.
(a) Cost sharing payments.—Section 1234(b) of the Food Security Act of 1985 (16 U.S.C. 3834(b)) is amended—
(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) Incentive payments.—Section 1234(c) of the Food Security Act of 1985 (16 U.S.C. 3834(c)) is amended—
(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)—
(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;
(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:
(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)—
(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) 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:
(a) Practice.—Section 1240A(4)(B) of the Food Security Act of 1985 (16 U.S.C. 3839aa–1(4)(B)) is amended—
(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:
(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:
(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:
(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:
(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—
“(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.
(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
(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.—
“(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;
“(3) STEWARDSHIP PAYMENTS.—
“(A) IN GENERAL.—The Secretary shall provide payments to producers through contracts entered into under paragraph (2) for—
“(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;
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,”.
(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—
(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—
“(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.
“(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—
“(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.
“(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—
“(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—
Section 1240M(e) of the Food Security Act of 1985 (16 U.S.C. 3839bb(e)) is amended by striking “2018” and inserting “2023”.
(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:
Section 1240R(f)(1) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(f)(1)) is amended—
(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:
(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.
(c) Assistance.—The Secretary may provide financial assistance to agricultural producers under the pilot program to implement methods to—
(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.—
(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) 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:
(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.
(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”;
(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
(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
(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—
(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;
(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—
Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended—
(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
“(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
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:
Section 1265(b) of the Food Security Act of 1985 (16 U.S.C. 3865(b)) is amended—
(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
(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.”.
(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—
“(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
(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:
(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
(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—
“(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—
(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—
(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:
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”.
(a) Ineligible land.—Section 1265D(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3865d(a)(4)) is amended—
(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—
(2) MODIFICATION; TERMINATION.—Section 1265D(c) of the Food Security Act of 1985 (16 U.S.C. 3865d(c)) is amended—
(B) by inserting after paragraph (1) the following:
“(2) MODIFICATION.—
“(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—
(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:
(a) Covered program.—Section 1271A(1) of the Food Security Act of 1985 (16 U.S.C. 3871a(1)) is amended—
(2) by adding at the end the following:
“(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—
(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) 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—
(2) by adding at the end the following:
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”.
Section 1271D(a) of the Food Security Act of 1985 (16 U.S.C. 3871d(a)) is amended to read as follows:
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:
Section 1271F(c) of the Food Security Act of 1985 (16 U.S.C. 3871f(c)) is amended by striking paragraph (3).
(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.
Section 2507 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3839bb–6) is repealed.
(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—
(a) Findings.—Congress finds the following:
(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.
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.”.
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”.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended—
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”.
Section 205(f) of the Food for Peace Act (7 U.S.C. 1725(f)) is amended by striking “2018” and inserting “2023”.
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”.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—
Section 208 the Food for Peace Act (7 U.S.C. 1726b) is amended—
(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”;
(b) Avoidance of disruptive impact.—Section 403(b) of the Food for Peace Act (7 U.S.C. 1733(b)) is amended—
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”.
(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—
“(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—
“(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:
“(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.
(b) Conforming repeal.—Subsection (m) of section 403 of the Food for Peace Act (7 U.S.C. 1733) is repealed.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking “2018” and inserting “2023”.
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.”.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking “2018” and inserting “2023”.
(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—
(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—
(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”.
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.
(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—
“(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—
“(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;
“(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.
“(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—
“(9) PRIORITY.—In providing assistance for branded promotion, the Secretary should give priority to small-sized entities.
“(10) CONTRIBUTION LEVEL.—
“(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.
“(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—
“(4) PROGRAM CONSIDERATIONS.—In providing assistance under this subsection, the Secretary, to the maximum extent practicable, shall—
“(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—
“(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;
“(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
“(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.
“(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;
“(2) EMERGING MARKET.—The term ‘emerging market’ means any country that the Secretary determines—
“(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)”.
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”.
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”.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—
(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—
(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—
(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”.
(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”.
(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—
(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”.
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) 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—
“(B) support—
“(i) training and collaborative research opportunities through exchanges for entry level international agricultural research scientists, faculty, and policymakers from eligible countries;
“(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—
“(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—
“(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.
(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”.
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;
(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—
“(ii) identifying and acting on all apparent instances of duplicative participation by participants or applicants in multiple States;
“(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—
(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—
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.
“(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;
“(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;
“(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;
“(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).
(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)—
(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—
“(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;
“(ii) the Secretary may also give priority to projects that—
“(III) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers;
(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;
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.”.
Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—
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
(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”.
(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—
(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”.
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”.
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(e)(6)(D)) is amended—
(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—
“(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.”.
(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”.
(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—
(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—
(2) CONFORMING AMENDMENT.—Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended—
(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”,
(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)”.
Section 5(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)(1)) is amended—
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)—
(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—
Section 5(g) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(g)), as amended by section 4013, is amended—
(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)—
(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:
(F) by inserting before subparagraph (B), as so redesignated, the following:
“(A) DEFINITION OF WORK PROGRAM.—In this subsection, the term ‘work program’ means—
“(ii) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296); 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—
“(II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or
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—
“(II) the date the individual obtains employment sufficient to meet the hourly requirements applicable under subparagraph (B)(i); or
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—
“(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
“(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.
“(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—
“(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.
(2) in paragraph (2)—
(A) in the 1st sentence—
(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
(4) in paragraph (4)—
(A) in subparagraph (A)—
(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”,
(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”,
(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,
(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—
(B) WORKFORCE INNOVATION AND OPPORTUNITY ACT.—The Workforce Innovation and Opportunity Act (Public Law 113–128; 128 Stat. 1425) is amended—
(c) Related requirements.—Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
(d) Conforming amendments.—The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
(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)—
(B) by amending subparagraph (B)(ii) to read as follows:
(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
(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:
(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)—
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
Section 7(h)(14) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(14) is amended—
(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)—
(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;
(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.”.
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”.
Section 7(h)(12) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(12)) is amended—
(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—
(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:
“(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;
“(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;
“(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.
“(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,”.
(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—
(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
Section 11(s) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(s)) is amended—
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
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended—
(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—
“(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).”.
Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a) is amended—
Section 16(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)) is amended—
(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”.
Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—
(2) in paragraph (2)—
(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—
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.
“(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—
“(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—
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”.
Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended—
(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)).”.
(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—
“(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));
“(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—
(B) in paragraph (2)—
(4) in subsection (d)—
(A) in paragraph (1)—
(iv) in subparagraph (F)—
(v) by adding at the end the following:
“(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)—
(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.”,
(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) 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”.
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”.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended—
(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)”,
(6) in section 15(e) by striking “exchange” and all that follows through “anything”, and inserting “exchange for benefits, or anything”,
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.
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”.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) is amended—
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”.
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”.
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”.
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”.
Section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a) is amended—
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—
“(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
Section 304(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(h)) is amended—
Section 305(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925(a)) is amended—
Section 313(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(a)(1)) is amended—
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”.
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”.
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”.
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”.
(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”.
(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”.
(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”.
(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).
(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—
(d) Section 3.2(a)(1) of such Act (12 U.S.C. 2123(a)(1)) is amended—
(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—
(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—
(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:
(u) (1) Section 4.8 of such Act (12 U.S.C. 2159) is amended—
(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:
(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:
(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—
(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—
(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—
(ii) Section 5.19(b) of such Act (12 U.S.C. 2254(b)) is amended—
(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.
(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:
(rr) Section 8.0(2) of such Act (12 U.S.C. 2279aa(2)) is amended to read as follows:
(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)—
(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—
(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.”;
(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.
(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.
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:
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.”.
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).”.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is amended—
(2) by redesignating paragraph (4) as paragraph (5) and inserting after paragraph (3) the following:
“(4) the term ‘institution-affiliated party’ means—
(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”.
Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) is repealed.
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.”.
Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking “2018”and inserting “2023”.
(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
(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.
(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.
“(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.
(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—
(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—
(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) 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”.
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”;
(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—
“(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.”.
(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.
(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.—
(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) In general.—Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
(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—
“(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) 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—
(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;
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.—
“(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;
“(3) ELIGIBLE PROJECT.—The term ‘eligible project’ means any project for which the applicant—
“(C) proposes to—
“(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;
“(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—
“(d) Priority.—In making grants under this section, the Secretary shall prioritize applications in which the applicant proposes to—
“(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;
“(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;
“(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.
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”.
(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—
(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.
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”;
(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—
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”;
(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.
(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.”.
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”.
Section 601(c)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)(2)) is amended—
Section 601(d)(1)(A)(iii) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)(1)(A)(iii)) is amended—
(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”.
Section 601(d)(8)(A)(ii) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)(8)(A)(ii)) is amended—
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
(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”;
(4) in subsection (d)—
(A) in paragraph (1)(A)—
(B) in paragraph (2)—
(i) in subparagraph (B), by inserting “or install middle mile infrastructure” before “in the proposed”;
(C) in paragraph (4), by inserting “, or construct, improve, or acquire middle mile infrastructure in,” before “a rural area”;
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.”.
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—
“(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.
“(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—
“(3) COORDINATION.—The Secretary shall coordinate with tribes and local, State, regional, and Federal partners to develop strategic community investment plans under this subsection.
(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—
(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”.
(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—
(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.”.
Section 306(a)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(2)(B)) is amended—
(a) Section 306(a)(14)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(14)(A)) is amended—
(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”.
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”.
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”.
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
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”.
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”.
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”.
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”.
(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)”.
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”.
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”.
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”.
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”.
Section 343(a)(13) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(13) is amended—
Section 378 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008m) is amended—
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”.
Section 379E(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s(d)) is amended to read as follows:
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”.
(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”.
(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”.
Section 384S of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–18) is amended by striking “2018” and inserting “2023”.
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”.
Section 315(d) of the Rural Electrification Act of 1936 (7 U.S.C. 940e(d)) is amended by striking “2018” and inserting “2023”.
(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.
(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.
(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—
(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.
(d) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c-1) is amended—
(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.
Section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a) is amended—
(1) in subsection (c)—
(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
(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—
Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—
Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—
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:
Section 9005 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105) is amended—
(1) in subsection (e)—
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:
Section 9007(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)) is amended—
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).”.
Section 9009 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109) is repealed.
Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended—
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:
Section 231(b)(7) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)(7)) is amended—
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”.
Section 15751(a) of title 40, United States Code, is amended by striking “2018” and inserting “2023”.
The second sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended—
(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).
(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).
(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—
(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is amended—
(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is amended—
(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is amended—
(7) Section 301 of such Act (7 U.S.C. 931) is amended—
(8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B)) is amended—
(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—
(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))),”.
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—
(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—
(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).
Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended—
(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).
(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) 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—
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)—
(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—
“(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;
“(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)).
(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”;
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—
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.
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).
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”.
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”.
Section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended—
The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by striking section 1425 (7 U.S.C. 3175).
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”.
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).
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—
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”.
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”.
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”.
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.
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”.
Section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended—
(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.”.
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—
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”.
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”.
Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended—
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”.
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”.
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”.
Section 1484 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended—
(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.”.
(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”.
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).
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”.
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”.
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”.
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”.
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”.
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”.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) is amended—
(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;
(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;
“(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;
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)—
(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—
“(12) NATIONAL TURFGRASS RESEARCH INITIATIVE.—Research and extension grants may be made under this section for the purposes of—
“(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;
“(F) investigating, preserving, and protecting native plant species, including grasses not currently utilized in turfgrass systems;
“(13) FERTILIZER MANAGEMENT INITIATIVE.—
“(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;
“(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.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) is amended—
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.”;
Section 1680 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933) is amended—
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”.
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:
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”.
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”.
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”.
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”.
(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—
(2) in paragraph (2)—
(3) in paragraph (3), by striking “marketing);” and inserting the following: “marketing) and a better understanding of the soil rhizosphere microbiome, including—
(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—
(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—
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”.
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”.
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”.
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”.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8913) is amended—
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”.
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”.
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”.
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”.
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”.
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”.
(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:
(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”.
(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:
(d) Authorization of appropriations and funding limitations.—Section 6 of the Research Facilities Act (7 U.S.C. 390d) is amended—
Subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)) is amended—
(2) in paragraph (5)—
(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”.
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”.
Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is amended—
(2) in subsection (b), as so redesignated—
(F) by amending paragraph (4) to read as follows:
(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—
“(B) innovative farm, ranch, and private nonindustrial forest land access, and transfer and succession strategies and programs;
“(D) financial and risk management training (including the acquisition and management of agricultural credit);
“(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—
“(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
“(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))).”;
(5) in subsection (g)—
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”.
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:
(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—
(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”.
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—
“(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));”.
(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.”.
(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—
(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—
(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.—
(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:
(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.
(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)—
(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
(2) in section 7 (7 U.S.C. 361g)—
(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—
(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—
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.
(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;
(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—
(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;
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”.
Subsection (m) of section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c) is amended to read as follows:
Subsection (g) of section 7A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103d) is amended to read as follows:
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—
“(b) Definitions.—In this section:
“(1) PRIVATE FOREST LAND.—The term ‘private forest land’ means land that—
“(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
“(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.
“(c) Establishment.—The Secretary, in consultation with State Foresters or other appropriate State agencies, shall establish a landscape-scale restoration program—
“(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);
“(3) in accordance with the purposes described in section 2(b), include one or more of the following objectives—
“(C) protecting or enhancing wildlife habitat, consistent with wildlife objectives established by the applicable State fish and wildlife agency;
“(e) Measurement.—The Secretary, in consultation with State Foresters, shall establish a measurement system (including measurement tools) that—
“(f) Use of amounts.—
“(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—
“(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
“(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—
“(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
“(4) PROPOSAL REVIEW.—
“(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—
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”.
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
“(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) 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.
“(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—
“(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.
“(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;
“(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.
(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—
(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
(3) OTHER ENROLLMENT CONSIDERATIONS.—Section 502(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is amended—
(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:
(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
(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:
(8) FUNDING.—Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
(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)—
(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”.
(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”.
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—
“(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.”.
(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—
(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—
(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—
(C) in subsection (c)—
(ii) in paragraph (1), by inserting “(or applicable designee)” after “The Secretary concerned” both places it appears;
(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.
(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—
“(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—
(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”.
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;
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—
(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.
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.
(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—
(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).
(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.
(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).
(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, piñon 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.
(D) Modification of existing fences in order to distribute livestock and help improve wildlife habitat.
(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.
(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.
(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—
(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.
(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—
(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):
(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—
(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—
(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).
(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—
(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.
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”.
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
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
(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).
(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—
(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)).
(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—
“(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—
(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
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.).
(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—
(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;
(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.
(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;
(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—
(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.
(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.
(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.
(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—
(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.
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.
(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—
(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—
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”.
Section 6(g) of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005(g)) is amended—
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”.
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)—
(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) 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
(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”.
(a) Additional accreditation authority.—Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended—
(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
(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.
(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—
(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—
(2) in paragraph (3)—
(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—
“(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:
(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.
(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—
(a) State Lead Agency Defined.—Section 2(aa) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(aa)) is amended—
(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)—
(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
(2) in subparagraph (B)—
(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
(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;
(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—
“(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.
“(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
(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.
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”.
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”.
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)).”.
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
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.
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.”.
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—
Section 419 of the Plant Protection Act (7 U.S.C. 7719) is amended to read as follows:
“(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).
“(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;
“(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—
“(2) REASONS FOR OBJECTION.—The Secretary may object to an authorization described in paragraph (1) if the Secretary determines that—
“(3) WITHDRAWAL OF OBJECTION.—The Secretary shall withdraw an objection under this subsection if—
“(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
“(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).
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.
(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.
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,”.
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.
(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—
(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.”.
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”.
(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:
(b) Conforming amendments.—Section 508(c)(4)(C) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)(4)(C)) is amended—
(a) In general.—Section 508(d) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)) is amended—
(b) Conforming amendments.—Section 508(a)(9)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(9)(B)) is amended—
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
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”.
(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
(2) in paragraph (4)—
(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:
(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.
(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—
(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.
“(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.
Section 522 of the Federal Crop Insurance Act (7 U.S.C. 1522) is amended—
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.
“(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—
(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:
“(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)).
“(5) A State or national livestock producer organization with direct and significant economic interest in livestock production.
“(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)).
“(c) Activities.—
“(1) PROGRAM ACTIVITIES.—Activities under the National Animal Disease Preparedness and Response Program shall include, to the extent practicable, the following:
“(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.
“(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—
“(ii) which the Secretary determines has potential for the spread of an animal pest or disease after taking into consideration—
“(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—
“(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—
“(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.
“(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—
“(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;
“(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—
“(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:
(B) OTHER AMENDMENTS.—Section 10417 of the Animal Health Protection Act (7 U.S.C. 8316) is further amended—
(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).
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”.
Section 10504 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8318) is amended—
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;
Section 2501(a)(4) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)(4)) is amended—
(3) by inserting after subparagraph (D) the following new subparagraph:
(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—
(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—
(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,”;
(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”.
(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—
(2) agricultural asset transfer strategies in use as of the date of the enactment of this Act and improvements to such strategies;
(c) Membership.—
(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.
(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.
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;
“(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—
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).
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).
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).
(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;
(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
(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
(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.
(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;
(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
(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.—
(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) 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—
(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.
(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—
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.”.
Section 196(k)(1) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(k)(1)) is amended—
(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—
(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—
(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—
(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) 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—
(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”.
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.
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”.
(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—
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—
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”.
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
“(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—
Section 3a of the Act of March 3, 1927 (7 U.S.C. 473a), is amended—
(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.”.
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
(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—
(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).
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:
(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).
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.
“(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.”.
(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—
(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).
(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—
Union Calendar No. 508 | |||||
| |||||
[Report No. 115–661] | |||||
A BILL | |||||
To provide for the reform and continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes. | |||||
May 3, 2018 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the
Union, and ordered to be printed |