Calendar No. 470
115th CONGRESS 2d Session |
To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.
June 11, 2018
Mr. Roberts (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry
June 18, 2018
Reported by Mr. Roberts, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
To provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking “2018” and inserting “2023”.
SEC. 2. Extension at 1890 land-grant colleges, including Tuskegee University; report.
Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221) is amended—
SEC. 3. Report on agricultural research at 1890 land-grant colleges, including Tuskegee University.
Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is amended by adding at the end the following:
“(i) Report.—The Secretary shall annually submit to Congress a report describing the allocations made to, and matching funds received by, eligible institutions under this section.”.
(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.
Sec. 1101. Payment acres.
Sec. 1102. Producer election.
Sec. 1103. Price loss coverage.
Sec. 1104. Agriculture risk coverage.
Sec. 1105. Repeal of transition assistance for producers of upland cotton.
Sec. 1201. Extensions.
Sec. 1202. Repeal; unshorn pelts.
Sec. 1203. Economic adjustment assistance for upland cotton users.
Sec. 1301. Sugar program.
Sec. 1401. Dairy risk coverage.
Sec. 1411. Reauthorizations.
Sec. 1412. Class I skim milk price.
Sec. 1413. Milk donation program.
Sec. 1501. Supplemental agricultural disaster assistance.
Sec. 1601. Noninsured crop assistance program.
Sec. 1701. Regulations.
Sec. 1702. Suspension of permanent price support authority.
Sec. 1703. Implementation.
Sec. 1704. Adjusted gross income limitation.
Sec. 1705. Base acres review.
Sec. 1706. Farm Service Agency accountability.
Sec. 1707. Technical corrections.
TITLE II—CONSERVATION
Subtitle A—Conservation Reserve Program
Sec. 2101. Extension and enrollment requirements of conservation reserve program.
Sec. 2102. Farmable wetland program.
Sec. 2103. Duties of the Secretary.
Sec. 2104. Payments.
Sec. 2105. Conservation reserve enhancement program.
Sec. 2106. Contracts.
Sec. 2107. Conservation reserve easements.
Sec. 2108. Eligible land; State law requirements.
Subtitle B—Conservation Stewardship Program
Sec. 2201. Definitions.
Sec. 2202. Establishment.
Sec. 2203. Stewardship contracts.
Sec. 2204. Duties of Secretary.
Subtitle C—Environmental Quality Incentives Program
Sec. 2301. Purposes.
Sec. 2302. Definitions.
Sec. 2303. Establishment and administration.
Sec. 2304. Evaluation of applications.
Sec. 2305. Duties of the Secretary.
Sec. 2306. Environmental quality incentives program plan.
Sec. 2307. Conservation innovation grants and payments.
Sec. 2308. Soil health demonstration pilot project.
Subtitle D—Other Conservation Programs
Sec. 2401. Wetland conservation.
Sec. 2402. Conservation security program.
Sec. 2403. Conservation of private grazing land.
Sec. 2404. Soil health and income protection program.
Sec. 2405. Grassroots source water protection program.
Sec. 2406. Soil testing and remediation assistance.
Sec. 2407. Voluntary public access and habitat incentive program.
Sec. 2408. Agriculture conservation experienced services program.
Sec. 2409. Remote telemetry data system.
Sec. 2410. Agricultural conservation easement program.
Sec. 2411. Regional conservation partnership program.
Sec. 2412. Wetland conversion.
Sec. 2413. Delineation of wetlands.
Sec. 2414. Emergency conservation program.
Sec. 2415. Watershed protection and flood prevention.
Sec. 2416. Small watershed rehabilitation program.
Sec. 2417. Repeal of Conservation Corridor Demonstration Program.
Sec. 2418. Repeal of cranberry acreage reserve program.
Sec. 2419. Repeal of National Natural Resources Foundation.
Sec. 2420. Repeal of flood risk reduction.
Sec. 2421. Repeal of study of land use for expiring contracts and extension of authority.
Sec. 2422. Repeal of Integrated Farm Management Program Option.
Sec. 2423. Repeal of clarification of definition of agricultural lands.
Sec. 2424. Resource conservation and development program.
Sec. 2425. Wildlife management.
Sec. 2426. Healthy forests reserve program.
Sec. 2427. Watershed protection.
Sec. 2428. Sense of Congress relating to increased watershed-based collaboration.
Sec. 2429. Modifications to conservation easement programs.
Subtitle E—Funding and Administration
Sec. 2501. Funding.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Definition of acequia.
Sec. 2505. Authorization of appropriations for water bank program.
Sec. 2506. Report on land access, tenure, and transition.
Sec. 2507. Report on small wetlands.
Sec. 2508. State technical committees.
Subtitle F—Technical Corrections
Sec. 2601. Farmable wetland program.
Sec. 2602. Report on program enrollments and assistance.
Sec. 2603. Delivery of technical assistance.
Sec. 2604. State technical committees.
TITLE III—TRADE
Subtitle A—Food for Peace Act
Sec. 3101. Food aid quality.
Sec. 3102. Generation and use of currencies by private voluntary organizations and cooperatives.
Sec. 3103. Minimum levels of assistance.
Sec. 3104. Food Aid Consultative Group.
Sec. 3105. Oversight, monitoring, and evaluation.
Sec. 3106. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3107. Allowance of distribution costs.
Sec. 3108. Prepositioning of agricultural commodities.
Sec. 3109. Annual report regarding food aid programs and activities.
Sec. 3110. Deadline for agreements to finance sales or to provide other assistance.
Sec. 3111. Nonemergency food assistance.
Sec. 3112. Micronutrient fortification programs.
Sec. 3113. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B—Agricultural Trade Act of 1978
Sec. 3201. Priority trade promotion, development, and assistance.
Subtitle C—Other Agricultural Trade Laws
Sec. 3301. Food for Progress Act of 1985.
Sec. 3302. Bill Emerson Humanitarian Trust Act.
Sec. 3303. Promotion of agricultural exports to emerging markets.
Sec. 3304. Cochran emerging market fellowship program.
Sec. 3305. Borlaug International Agricultural Science and Technology Fellowship Program.
Sec. 3306. International food security technical assistance.
Sec. 3307. McGovern-Dole International Food for Education and Child Nutrition Program.
Sec. 3308. Global Crop Diversity Trust.
Sec. 3309. Local and regional food aid procurement projects.
Sec. 3310. Foreign trade missions.
TITLE IV—NUTRITION
Subtitle A—Supplemental Nutrition Assistance Program
Sec. 4101. Definition of certification period.
Sec. 4102. Food distribution program on Indian reservations.
Sec. 4103. Work requirements for supplemental nutrition assistance program.
Sec. 4104. Improvements to electronic benefit transfer system.
Sec. 4105. Retail incentives.
Sec. 4106. Required action on data match information.
Sec. 4107. Income verification.
Sec. 4108. Pilot projects to improve healthy dietary patterns related to fluid milk in the supplemental nutrition assistance program.
Sec. 4109. Interstate data matching to prevent multiple issuances.
Sec. 4110. Quality control.
Sec. 4111. Requirement of live-production environments for certain pilot projects relating to cost sharing for computerization.
Sec. 4112. Authorization of appropriations.
Sec. 4113. Assistance for community food projects.
Sec. 4114. Nutrition education State plans.
Sec. 4115. Emergency food assistance program.
Sec. 4116. Technical and conforming amendments.
Subtitle B—Commodity Distribution Programs
Sec. 4201. Commodity distribution program.
Sec. 4202. Commodity supplemental food program.
Sec. 4203. Distribution of surplus commodities; special nutrition projects.
Subtitle C—Miscellaneous
Sec. 4301. Purchase of specialty crops.
Sec. 4302. Seniors farmers' market nutrition program.
Sec. 4303. The Gus Schumacher food insecurity nutrition incentive.
Sec. 4304. Harvesting health pilot projects.
TITLE V—CREDIT
Subtitle A—Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience requirement for purposes of eligibility for farm ownership loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Limitations on amount of farm ownership loans.
Subtitle B—Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Cooperative lending pilot projects.
Subtitle C—Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts pilot program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Sec. 5304. Equitable relief.
Sec. 5305. Socially disadvantaged farmers and ranchers; qualified beginning farmers and ranchers.
Sec. 5306. Emergency loan eligibility.
Subtitle D—Miscellaneous
Sec. 5401. State agricultural mediation programs.
Sec. 5402. Socially disadvantaged farmers and ranchers.
Sec. 5403. Sharing of privileged and confidential information.
Sec. 5404. Removal and prohibition authority; industry-wide prohibition.
Sec. 5405. Jurisdiction over institution-affiliated parties.
Sec. 5406. Definition of institution-affiliated party.
Sec. 5407. Repeal of obsolete provisions; technical corrections.
Sec. 5408. Corporation as conservator or receiver; certain other powers.
Sec. 5409. Reporting.
Sec. 5410. Sense of the Senate.
TITLE VI—RURAL DEVELOPMENT
Subtitle A—Consolidated Farm and Rural Development Act
Sec. 6101. Water, waste disposal, and wastewater facility grants.
Sec. 6102. Rural water and wastewater technical assistance and training programs.
Sec. 6103. Rural water and wastewater circuit rider program.
Sec. 6104. Tribal college and university essential community facilities.
Sec. 6105. Community facilities direct loans and grants for substance use disorder treatment services.
Sec. 6106. Emergency and imminent community water assistance grant program.
Sec. 6107. Water systems for rural and native villages in Alaska.
Sec. 6108. Rural decentralized water systems.
Sec. 6109. Solid waste management grants.
Sec. 6110. Rural business development grants.
Sec. 6111. Rural cooperative development grants.
Sec. 6112. Locally or regionally produced agricultural food products.
Sec. 6113. Appropriate technology transfer for rural areas program.
Sec. 6114. Rural economic area partnership zones.
Sec. 6115. Intemediary relending program.
Sec. 6116. Single application for broadband.
Sec. 6117. Loan guarantee loan fees.
Sec. 6118. Rural Business-Cooperative Service programs technical assistance and training.
Sec. 6119. National rural development partnership.
Sec. 6120. Grants for NOAA weather radio transmitters.
Sec. 6121. Rural microentrepreneur assistance program.
Sec. 6122. Health care services.
Sec. 6123. Strategic economic and community development.
Sec. 6124. Delta Regional Authority.
Sec. 6125. Rural business investment program.
Subtitle B—Rural Electrification Act of 1936
Sec. 6201. Electric loan refinancing.
Sec. 6202. Technical assistance for rural electrification loans.
Sec. 6203. Loans for telephone service.
Sec. 6204. Cushion of credit payments program.
Sec. 6205. Guarantees for bonds and notes issued for electrification or telephone purposes.
Sec. 6206. Access to broadband telecommunications services in rural areas.
Sec. 6207. Community Connect Grant Program.
Sec. 6208. Transparency in the Telecommunications Infrastructure Loan Program.
Sec. 6209. Refinancing of broadband and telephone loans.
Sec. 6210. Cybersecurity and grid security improvements.
Subtitle C—Miscellaneous
Sec. 6301. Distance learning and telemedicine.
Sec. 6302. Rural energy savings program.
Sec. 6303. Rural health and safety education programs.
Sec. 6304. Northern Border Regional Commission reauthorization.
TITLE VII—RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977
Sec. 7101. Purposes of agricultural research, extension, and education.
Sec. 7102. Matters relating to certain school designations and declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and Economics Advisory Board.
Sec. 7104. Citrus disease subcommittee of specialty crop committee.
Sec. 7105. Veterinary services grant program.
Sec. 7106. Grants and fellowships for food and agriculture sciences education.
Sec. 7107. Research equipment grants.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.
Sec. 7110. Next generation agriculture technology challenge.
Sec. 7111. Nutrition education program.
Sec. 7112. Authorization for appropriations for Federal agricultural research facilities.
Sec. 7113. Continuing animal health and disease research programs.
Sec. 7114. Extension at 1890 land-grant colleges, including Tuskegee University; report.
Sec. 7115. Report on agricultural research at 1890 land-grant colleges, including Tuskegee University.
Sec. 7116. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University.
Sec. 7117. Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions.
Sec. 7118. New Beginning for Tribal Students.
Sec. 7119. Hispanic-serving institutions.
Sec. 7120. Binational agricultural research and development.
Sec. 7121. Partnerships to build capacity in international agricultural research, extension, and teaching.
Sec. 7122. Competitive grants for international agricultural science and education programs.
Sec. 7123. University research.
Sec. 7124. Extension service.
Sec. 7125. Supplemental and alternative crops; hemp.
Sec. 7126. New Era Rural Technology program.
Sec. 7127. Capacity building grants for NLGCA institutions.
Sec. 7128. Agriculture Advanced Research and Development Authority.
Sec. 7129. Aquaculture assistance programs.
Sec. 7130. Repeal of rangeland research programs.
Sec. 7131. Special authorization for biosecurity planning and response.
Sec. 7132. Distance education and resident instruction grants program for insular area institutions of higher education.
Sec. 7133. Limitation on designation of entities eligible to receive funds under a capacity program.
Sec. 7134. Scholarship program for students attending 1890 Institutions.
Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer program.
Sec. 7204. National training program.
Sec. 7205. National strategic germplasm and cultivar collection assessment and utilization plan.
Sec. 7206. National Genetics Resources Program.
Sec. 7207. National Agricultural Weather Information System.
Sec. 7208. Agricultural genome to phenome initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Organic agriculture research and extension initiative.
Sec. 7211. Farm business management.
Sec. 7212. Urban, indoor, and other emerging agricultural production research, education, and extension initiative.
Sec. 7213. Centers of excellence at 1890 Institutions.
Sec. 7214. Assistive technology program for farmers with disabilities.
Sec. 7215. National Rural Information Center Clearinghouse.
Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998
Sec. 7301. National food safety training, education, extension, outreach, and technical assistance program.
Sec. 7302. Integrated research, education, and extension competitive grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica.
Sec. 7304. Grants for youth organizations.
Sec. 7305. Specialty crop research initiative.
Sec. 7306. Food Animal Residue Avoidance Database program.
Sec. 7307. Office of Pest Management Policy.
Sec. 7308. Forestry products advanced utilization research.
Subtitle D—Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Agricultural and food research initiative.
Sec. 7405. Extension design and demonstration initiative.
Sec. 7406. Renewable Resources Extension Act of 1978.
Sec. 7407. National Aquaculture Act of 1980.
Sec. 7408. Repeal of review of Agricultural Research Service.
Sec. 7409. Biomass research and development.
Sec. 7410. Reinstatement of matching requirement for Federal funds used in extension work at the University of the District of Columbia.
Sec. 7411. Enhanced use lease authority pilot program.
Sec. 7412. Transfer of administrative jurisdiction over portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland.
Sec. 7413. Foundation for food and agriculture research.
Sec. 7414. Assistance for forestry research under the McIntire-Stennis Cooperative Forestry Act.
Sec. 7415. Legitimacy of industrial hemp research.
Sec. 7416. Collection of data relating to barley area planted and harvested.
Sec. 7417. Collection of data relating to the size and location of dairy farms.
Sec. 7418. Agriculture innovation center demonstration program.
Sec. 7419. Smith-Lever community extension program.
Subtitle E—Food, Conservation, and Energy Act of 2008
PART I—AGRICULTURAL SECURITY
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
PART II—MISCELLANEOUS PROVISIONS
Sec. 7511. Farm and Ranch Stress Assistance Network.
Sec. 7512. Natural products research program.
Sec. 7513. Sun grant program.
Sec. 7514. Mechanization and automation for specialty crops.
Subtitle F—Matching Funds Requirement
Sec. 7601. Matching funds requirement.
TITLE VIII—FORESTRY
Subtitle A—Cooperative Forestry Assistance Act of 1978
Sec. 8101. State and private forest landscape-scale restoration program.
Subtitle B—Forest and Rangeland Renewable Resources Research Act of 1978
Sec. 8201. Repeal of recycling research.
Sec. 8202. Repeal of forestry student grant program.
Subtitle C—Global Climate Change Prevention Act of 1990
Sec. 8301. Repeals.
Subtitle D—Healthy Forests Restoration Act of 2003
Sec. 8401. Promoting cross-boundary wildfire mitigation.
Sec. 8402. Authorization of appropriations for hazardous fuel reduction on Federal land.
Sec. 8403. Repeal of biomass commercial utilization grant program.
Sec. 8404. Water Source Protection Program.
Sec. 8405. Watershed Condition Framework.
Sec. 8406. Authorization of appropriations to combat insect infestations and related diseases.
Sec. 8407. Healthy Forests Reserve Program reauthorization.
Sec. 8408. Authorization of appropriations for designation of treatment areas.
Sec. 8409. Administrative review of collaborative restoration projects.
Subtitle E—Repeal or Reauthorization of Miscellaneous Forestry Programs
Sec. 8501. Repeal of revision of strategic plan for forest inventory and analysis.
Sec. 8502. Semiarid agroforestry research center.
Sec. 8503. National Forest Foundation Act.
Sec. 8504. Conveyance of Forest Service administrative sites.
Subtitle F—Forest Management
Sec. 8601. Definitions.
PART I—EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer habitat.
PART II—MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
Sec. 8621. Additional authority for sale or exchange of small parcels of National Forest System land.
Sec. 8622. Forest Service participation in ACES program.
Sec. 8623. Authorization for lease of Forest Service sites.
Sec. 8624. Good neighbor authority.
Sec. 8625. Wildland-urban interface.
Sec. 8626. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8627. Tennessee wilderness.
Sec. 8628. Additions to Rough Mountain and Rich Hole Wildernesses.
Sec. 8629. Kisatchie National Forest land conveyance.
Sec. 8630. Purchase of Natural Resources Conservation Service property, Riverside County, California.
Sec. 8631. Collaborative Forest Landscape Restoration Program.
Sec. 8632. Utility infrastructure rights-of-way vegetation management pilot program.
Sec. 8633. Okhissa Lake rural economic development land conveyance.
Sec. 8634. Prairie dogs.
PART III—TIMBER INNOVATION
Sec. 8641. Definitions.
Sec. 8642. Clarification of research and development program for wood building construction.
Sec. 8643. Wood innovation grant program.
TITLE IX—ENERGY
Sec. 9101. Definitions.
Sec. 9102. Biobased markets program.
Sec. 9103. Biorefinery assistance.
Sec. 9104. Repowering assistance program.
Sec. 9105. Bioenergy program for advanced biofuel.
Sec. 9106. Biodiesel fuel education program.
Sec. 9107. Rural Energy for America Program.
Sec. 9108. Rural energy self-sufficiency initiative.
Sec. 9109. Feedstock flexibility program for bioenergy producers.
Sec. 9110. Biomass Crop Assistance Program.
Sec. 9011. Biogas research and adoption of biogas systems.
Sec. 9112. Community Wood Energy Program.
Sec. 9113. Carbon utilization education program.
TITLE X—HORTICULTURE
Sec. 10101. Specialty crops market news allocation.
Sec. 10102. Local Agriculture Market Program.
Sec. 10103. Organic production and market data initiatives.
Sec. 10104. Organic certification.
Sec. 10105. National organic certification cost-share program.
Sec. 10106. Food safety education initiatives.
Sec. 10107. Specialty crop block grants.
Sec. 10108. Plant variety protection.
Sec. 10109. Multiple crop and pesticide use survey.
Sec. 10110. Clarification of use of funds for technical assistance.
Sec. 10111. Hemp production.
Sec. 10112. Rule of construction.
TITLE XI—CROP INSURANCE
Sec. 11101. Definitions.
Sec. 11102. Data collection.
Sec. 11103. Sharing of records.
Sec. 11104. Use of resources.
Sec. 11105. Specialty crops.
Sec. 11106. Insurance period.
Sec. 11107. Cover crops.
Sec. 11108. Underserved producers.
Sec. 11109. Expansion of performance-based discount.
Sec. 11110. Enterprise units.
Sec. 11111. Pasture, rangeland, and forage policy for members of Indian tribes.
Sec. 11112. Submission of policies and materials to board.
Sec. 11113. Whole farm revenue agent incentives.
Sec. 11114. Crop production on native sod.
Sec. 11115. Use of national agricultural statistics service data to combat waste, fraud, and abuse.
Sec. 11116. Submission of information to corporation.
Sec. 11117. Acreage report streamlining initiative.
Sec. 11118. Continuing education for loss adjusters and agents.
Sec. 11119. Funding for information technology.
Sec. 11120. Agricultural commodity.
Sec. 11121. Reimbursement of research, development, and maintenance costs.
Sec. 11122. Research and development authority.
Sec. 11123. Education assistance.
Sec. 11124. Cropland report annual updates.
TITLE XII—MISCELLANEOUS
Subtitle A—Livestock
Sec. 12101. Sheep production and marketing grant program.
Sec. 12102. National animal health laboratory network.
Sec. 12103. National Animal Disease Preparedness, Response, and Recovery Program; National Animal Vaccine and Veterinary Countermeasures Bank.
Sec. 12104. Study on livestock dealer statutory trust.
Sec. 12105. Definition of livestock.
Subtitle B—Agriculture and Food Defense
Sec. 12201. Repeal of Office of Homeland Security.
Sec. 12202. Office of Homeland Security.
Sec. 12203. Agriculture and food defense.
Sec. 12204. Biological agents and toxins list.
Sec. 12205. Authorization of appropriations.
Subtitle C—Historically Underserved Producers
Sec. 12301. Farming opportunities training and outreach.
Sec. 12302. Urban agriculture.
Sec. 12303. Office of Advocacy and Outreach.
Sec. 12304. Tribal Advisory Committee.
Sec. 12305. Experienced services program.
Sec. 12306. Youth outreach and beginning farmer coordination.
Sec. 12307. Availability of Department of Agriculture programs for veteran farmers and ranchers.
Subtitle D—Department of Agriculture Reorganization Act of 1994 amendments
Sec. 12401. Office of Congressional Relations and Intergovernmental Affairs.
Sec. 12402. Military Veterans Agricultural Liaison.
Sec. 12403. Civil rights analyses.
Sec. 12404. Farm Service Agency.
Sec. 12405. Under Secretary of Agriculture for Farm Production and Conservation.
Sec. 12406. Under Secretary of Agriculture for Rural Development.
Sec. 12407. Administrator of the Rural Utilities Service.
Sec. 12408. Rural Health Liaison.
Sec. 12409. Healthy Food Financing Initiative.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Trade and foreign agricultural affairs.
Sec. 12413. Repeals.
Sec. 12414. Technical corrections.
Sec. 12415. Effect of subtitle.
Sec. 12416. Termination of authority.
Subtitle E—Other Miscellaneous Provisions
Sec. 12501. Acer access and development program.
Sec. 12502. South Carolina inclusion in Virginia/Carolina peanut producing region.
Sec. 12503. Pet and Women Safety.
Sec. 12504. Data on conservation practices.
Sec. 12505. Marketing orders.
Sec. 12506. Study on food waste.
Sec. 12507. Report on business centers.
Sec. 12508. Information technology modernization.
Sec. 12509. Report on personnel.
Sec. 12510. Report on absent landlords.
Sec. 12511. Restriction on use of certain poisons for predator control.
Sec. 12512. Century farms program.
Sec. 12513. Report on the importation of live dogs.
Sec. 12514. Establishment of technical assistance program.
Sec. 12515. Promise Zones.
Sec. 12516. Precision agriculture connectivity.
Sec. 12517. Improved soil moisture and precipitation monitoring.
Sec. 12518. Study of marketplace fraud of unique traditional foods.
Subtitle F—General Provisions
Sec. 12601. Expedited exportation of certain species.
Sec. 12602. Baiting of migratory game birds.
Sec. 12603. Pima agriculture cotton trust fund.
Sec. 12604. Agriculture wool apparel manufacturers trust fund.
Sec. 12605. Wool research and promotion.
Sec. 12606. Emergency Citrus Disease Research and Development Trust Fund.
Sec. 12607. Extension of merchandise processing fees.
Sec. 12608. Conforming changes to Controlled Substances Act.
In this Act, the term “Secretary” means the Secretary of Agriculture.
Section 1114(e) of the Agricultural Act of 2014 (7 U.S.C. 9014(e)) is amended by adding at the end the following:
“(5) RECALCULATION OF BASE ACRES.—
“(A) IN GENERAL.—If the Secretary recalculates base acres for a farm while a farm is engaged in planting and production of fruits, vegetables, or wild rice on base acres for which a reduction in payment acres was made under this subsection, that planting and production shall be considered to be the same as the planting and production of a covered commodity.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is amended—
(1) in subsection (a), in the matter preceding paragraph (1), by striking “Except as provided in subsection (g), for the 2014 through 2018 crop years” and inserting “For the 2014 through 2018 crop years (except as provided in subsection (g)) and for the 2019 through 2023 crop years”;
(2) in subsection (c)—
(A) in the matter preceding paragraph (1), by inserting “or the 2019 crop year, as applicable” after “2014 crop year”;
(B) in paragraph (1), by inserting “or the 2019 crop year, as applicable,” after “2014 crop year”; and
Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) is amended—
Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) is amended—
(1) in subsection (a), in the matter preceding paragraph (1)—
(2) in subsection (c)—
(E) by inserting after paragraph (4) the following:
“(5) TREND-ADJUSTED YIELD.—The Secretary shall calculate and use a trend-adjusted yield factor to adjust the yield determined under paragraph (2)(A) and subsection (b)(1)(A), taking into consideration, but not exceeding, the trend-adjusted yield factor that is used to increase yield history under the endorsement under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for that crop and county.”;
(3) in subsection (d)—
(A) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(4) in subsection (e), in the matter preceding paragraph (1), by striking “2018” and inserting “2023”;
(5) in subsection (g)—
(B) in paragraph (4)—
(C) by adding at the end the following:
“(5) effective for the 2019 through 2023 crop years, in the case of county coverage—
“(A) effective beginning with actual county yields for the 2019 crop year, assign an actual county yield for each planted acre for the crop year for the covered commodity by giving priority to—
“(i) the use of actual county yields in, to the maximum extent practicable, a single source of data that provides the greatest national coverage of county-level data;
(6) by adding at the end the following:
“(h) Publications.—
“(1) COUNTY GUARANTEE.—
“(A) IN GENERAL.—For each crop year for a covered commodity, the Secretary shall publish information describing, for that crop year for the covered commodity in each county—
“(B) TIMING.—
“(i) IN GENERAL.—Except as provided in clauses (ii) and (iii), not later than 30 days after the end of each applicable 12-month marketing year, the Secretary shall publish the information described in subparagraph (A).
“(ii) INSUFFICIENT DATA.—In the case of a covered commodity, such as temperate japonica rice, for which the Secretary cannot determine the national average market price for the most recent 12-month marketing year by the date described in clause (i) due to insufficient reporting of timely pricing data by 1 or more nongovernmental entities, including a marketing cooperative for the covered commodity, as soon as practicable after the pricing data is made available, the Secretary shall publish information describing—
“(2) ACTUAL AVERAGE COUNTY YIELD.—As soon as practicable after each crop year, the Secretary shall determine and publish each actual average county yield for each covered commodity, as determined under subsection (b)(1)(A).
“(3) DATA SOURCES FOR COUNTY YIELDS.—For the 2018 crop year and each crop year thereafter, the Secretary shall make publicly available information describing, for the most recent crop year—
Section 1119 of the Agricultural Act of 2014 (7 U.S.C. 9019) is repealed.
(a) In general.—Section 1201(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking “2018” and inserting “2023”.
(b) Loan rates.—Section 1202(a) of the Agricultural Act of 2014 (7 U.S.C. 9032(a)) is amended by striking “2018” each place it appears and inserting “2023”.
(c) Repayment.—Section 1204(e)(2)(B) of the Agricultural Act of 2014 (7 U.S.C. 9034(e)(2)(B)) is amended by striking “2019” and inserting “2024”.
(d) Loan deficiency payments.—
(1) EXTENSION.—Section 1205(a)(2)(B) of the Agricultural Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking “2018” and inserting “2023”.
(2) PAYMENTS IN LIEU OF LDPS.—Section 1206 of the Agricultural Act of 2014 (7 U.S.C. 9036) is amended in subsections (a) and (d) by striking “2018” each place it appears and inserting “2023”.
(3) SPECIAL COMPETITIVE PROVISIONS.—Section 1208(a) of the Agricultural Act of 2014 (7 U.S.C. 9038(a)) is amended in the matter preceding paragraph (1) by striking “2019” and inserting “2024”.
(4) AVAILABILITY OF RECOURSE LOANS.—Section 1209 of the Agricultural Act of 2014 (7 U.S.C. 9039) is amended in subsections (a)(2) and (b) by striking “2018” each place it appears and inserting “2023”.
Section 1205 of the Agricultural Act of 2014 (7 U.S.C. 9035) is amended—
(a)2008 authority.—Section 1207 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8737) is amended by striking subsection (c).
(b) 2014 authority.—
(1)IN GENERAL.—Section 1207 of the Agricultural Act of 2014 (7 U.S.C. 9037) is amended by striking subsection (c).
(2) CONFORMING AMENDMENT.—Section 1614(d)(1) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by striking “sections 1207(c) and” and inserting “section”.
(a) Extension.—Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is amended—
(b) Allotments.—
(1) ESTIMATES.—Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended in the matter preceding subparagraph (A) by striking “2018” and inserting “2023”.
(2) EFFECTIVE PERIOD.—Section 359l(a) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking “2018” and inserting “2023”.
(a) Dairy risk coverage.—Part I of subtitle D of title I of the Agricultural Act of 2014 (7 U.S.C. 9051 et seq.) is amended in the part heading by striking “Margin Protection Program” and inserting “Dairy Risk Coverage”.
(b) Definitions.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended—
(1) in paragraph (5)—
(A) in the paragraph heading, by striking “Margin protection program” and inserting “Dairy risk coverage”;
(c) Calculation of actual dairy production margin.—Section 1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9052(b)(1)) is amended in the matter preceding subparagraph (A) by striking “the margin protection program” and inserting “dairy risk coverage”.
(d) Dairy risk coverage administration.—Section 1403 of the Agricultural Act of 2014 (7 U.S.C. 9053) is amended to read as follows:
“SEC. 1403. Dairy risk coverage administration.
“(a) In general.—Beginning with the 2019 calendar year, the Secretary shall administer dairy risk coverage under which participating dairy operations are paid a dairy risk coverage payment when actual dairy production margins are less than the threshold levels for a dairy risk coverage payment.
“(b) Regulations.—Subpart A of part 1430 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Agriculture Improvement Act of 2018), shall remain in effect for dairy risk coverage beginning with the 2019 calendar year, except to the extent that the regulations are inconsistent with any provision of this Act.”.
(e) Participation of dairy operations in dairy risk coverage.—Section 1404 of the Agricultural Act of 2014 (7 U.S.C. 9054) is amended—
(1) in the section heading, by striking “margin protection program” and inserting “dairy risk coverage”;
(2) in subsection (a), by striking “the margin” and all that follows through “payments” and inserting “dairy risk coverage to receive dairy risk coverage payments”;
(3) in subsection (b), in each of paragraphs (1), (3), and (4), by striking “the margin protection program” and inserting “dairy risk coverage”;
(f) Production history of participating dairy operations.—Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended—
(g) Dairy risk coverage payments.—Section 1406 of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended—
(h) Premiums for dairy risk coverage.—Section 1407 of the Agricultural Act of 2014 (7 U.S.C. 9057) is amended—
(1) in the section heading, by striking “margin protection program” and inserting “dairy risk coverage”;
(2) in subsection (a), in the matter preceding paragraph (1), by striking “the margin protection program” and inserting “dairy risk coverage”;
(5) in subsection (e)—
(6) by adding at the end the following:
“(f) Small and medium farm discount.—The premium per hundredweight specified in the tables contained in subsections (b) and (c) for each coverage level shall be reduced by—
“(g) Repayment of premiums.—
“(1) IN GENERAL.—The Secretary shall repay to dairy operations that participated in the margin protection program, as in effect for each of calendar years 2015 through 2017, an amount equal to the difference between—
“(2) APPLICABILITY.—Paragraph (1) shall only apply to a calendar year for which the amount described in subparagraph (A) of that paragraph is greater than the amount described in subparagraph (B) of that paragraph.
“(3) ALLOCATION OF PAYMENTS.—A repayment to a participating dairy operation under paragraph (1) shall be based on the proportion that—
“(4) REDUCTION FOR PAYMENTS RECEIVED.—
(i) Effect of failure to pay administrative fees or premiums.—Section 1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is amended—
(j) Duration.—Section 1409 of the Agricultural Act of 2014 (7 U.S.C. 9059) is amended—
(k) Administration and enforcement.—Section 1410 of the Agricultural Act of 2014 (7 U.S.C. 9060) is amended—
(a) Forward pricing.—Section 1502(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended—
(b) Indemnity program.—Section 3 of Public Law 90–484 (7 U.S.C. 4553) is amended by striking “2018” and inserting “2023”.
(c) Promotion and research.—Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amended by striking “2018” and inserting “2023”.
(a) Class I skim milk price.—Section 8c(5)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking “Throughout” in the third sentence and all that follows through the period at the end of the fourth sentence and inserting “Throughout the 2-year period beginning on the effective date of this sentence (and subsequent to such 2-year period unless modified by amendment to the order involved), for purposes of determining prices for milk of the highest use classification, the Class I skim milk price per hundredweight specified in section 1000.50(b) of title 7, Code of Federal Regulations (or successor regulations), shall be the sum of the adjusted Class I differential specified in section 1000.52 of such title 7 (or successor regulations), plus the adjustment to Class I prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of such title 7 (or successor regulations), plus the simple average of the advanced pricing factors computed in sections 1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor regulations), plus $0.74.”.
(b) Effective date and implementation.—
(1) EFFECTIVE DATE.—The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 120 days after the date of enactment of this Act.
(2) IMPLEMENTATION.—Implementation of the amendment made by subsection (a) shall not be subject to any of the following:
(B) The notice and hearing requirements of section 8c(3) of the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.
(C) The order amendment requirements of section 8c(17) of that Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of that Act (7 U.S.C. 608c(19)).
(a) In general.—Part III of subtitle D of title I of the Agricultural Act of 2014 (7 U.S.C. 9071) is amended to read as follows:
“SEC. 1431. Milk donation program.
“(a) Definitions.—In this section:
“(1) ELIGIBLE DAIRY ORGANIZATION.—The term ‘eligible dairy organization’ means a dairy farmer (either individually or as part of a cooperative), or a dairy processor, who—
“(2) ELIGIBLE DISTRIBUTOR.—The term ‘eligible distributor’ means a public or private nonprofit organization that distributes donated eligible milk.
“(3) ELIGIBLE MILK.—The term ‘eligible milk’ means Class I fluid milk products produced and processed in the United States.
“(b) Program required; purposes.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall establish and administer a milk donation program for the purposes of—
“(c) Donation and distribution plans.—
“(1) IN GENERAL.—To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that—
“(A) describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk;
“(d) Reimbursement.—
“(1) IN GENERAL.—On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in subsection (e).
“(e) Qualified expenses.—
“(1) IN GENERAL.—The amount of a reimbursement under subsection (d) shall be an amount equal to the product of—
“(2) LIMITATION.—Expenses eligible for reimbursement under subsection (d) shall not exceed the value that an eligible dairy organization incurred by accounting to the Federal milk marketing order pool at the difference in the Class I milk value and the lowest classified price for the applicable month (either Class III milk or Class IV milk).
“(f) Preapproval.—
“(1) IN GENERAL.—The Secretary shall—
“(A) establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and
“(2) PREFERENCE.—In preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and in-kind contributions in addition to the reimbursements.
“(3) ADJUSTMENTS.—
“(A) IN GENERAL.—The Secretary shall adjust or increase amounts preapproved for reimbursement under paragraph (1)(B) based on performance and demand.
“(B) REQUESTS FOR INCREASE.—
“(i) IN GENERAL.—The Secretary shall establish a procedure for a participating partnership to request an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in conditions.
“(ii) INTERIM APPROVAL; INCREMENTAL INCREASE.—The Secretary may provide an interim approval of an increase requested under clause (i) and an incremental increase in the amount of reimbursement to the applicable participating partnership to allow time for the Secretary to review the request without interfering with the donation and distribution of eligible milk by the participating partnership.
“(g) Prohibition on resale of products.—
“(h) Administration.—The Secretary shall publicize opportunities to participate in the program established under this section.
(b) Conforming amendment.—Section 1401 of the Agricultural Act of 2014 (7 U.S.C. 9051) is amended, in the matter preceding paragraph (1), by striking “and part III”.
(a) Members of Indian tribes.—Section 1501(a)(1)(B) of the Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is amended—
(2) by inserting after clause (ii) the following:
“(iii) an Indian tribe or tribal organization (as those terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));”.
(b) Livestock indemnity program.—Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended—
(1) in paragraph (1)(B), by striking “cold.” and inserting “cold, on the condition that in the case of the death loss of unweaned livestock due to that adverse weather, the Secretary may disregard any management practice, vaccination protocol, or lack of vaccination by the eligible producer on a farm.”; and
(2) by adding at the end the following:
“(5) SHARING OF BISON MARKET VALUE DATA.—To ensure that payments made under this subsection relating to bison are consistent with the market value of bison, the Secretary shall annually seek input and data from the bison industry (including bison producer groups) relating to the market value of bison.”.
(c) Tree assistance program.—Section 1501(e) of the Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended—
(1) in paragraph (3), in the matter preceding subparagraph (A), by striking “paragraph (4)” and inserting “paragraphs (4) and (5)”; and
(2) by adding at the end the following:
“(5) PAYMENT RATE FOR BEGINNING AND VETERAN PRODUCERS.—Subject to paragraph (4), in the case of a beginning farmer or rancher or a veteran farmer or rancher (as those terms are defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)) that is eligible to receive assistance under this subsection, the Secretary shall provide reimbursement of 75 percent of the costs under subparagraphs (A)(i) and (B) of paragraph (3).”.
Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by adding at the end the following:
“(C) DATA COLLECTION AND SHARING.—The Secretary shall coordinate with the Administrator of the Risk Management Agency on the type and format of data received under the noninsured crop disaster assistance program that—
“(i) best facilitates the use of that data in developing policies or plans of insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
(B) in paragraph (4)—
(i) in subparagraph (B), by striking clause (i) and inserting the following:
“(i) IN GENERAL.—
“(I) AGRICULTURAL ACT OF 2014.—As determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop during the period beginning on February 8, 2014, and ending on the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.
“(II) SUBSEQUENT YEARS.—
“(aa) NON-HAY AND NON-FORAGE CROPS.—During the first 4 crop years of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a covered crop other than a hay or forage crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.
“(bb) HAY AND FORAGE CROPS.—During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of a hay or forage crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this section as described in this subparagraph.”;
(iii) by inserting after subparagraph (B) the following:
“(C) NATIVE SOD CONVERSION CERTIFICATION.—
“(i) CERTIFICATION.—As a condition on the receipt of benefits under this section, a producer that has tilled native sod acreage for the production of an insurable crop as described in subparagraph (B)(i) shall certify to the Secretary that acreage using—
“(ii) CORRECTIONS.—Beginning on the date on which a producer submits a certification under clause (i), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that clause, the producer shall submit to the Secretary any appropriate corrections to a form or map described in subclause (I) or (II) of that clause.
“(iii) ANNUAL REPORTS.—Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under clause (i) in each county and State as of the date of submission of the report.”; and
(2) in subsection (b)—
(A) in paragraph (1), by striking “not later than 30 days” and inserting “by an appropriate deadline”; and
(B) by adding at the end the following:
“(4) STREAMLINED SUBMISSION PROCESS.—The Secretary shall establish a streamlined process for the submission of records and acreage reports under paragraphs (2) and (3) for—
“(A) diverse production systems such as those typical of urban production systems, other small-scale production systems, and direct-to-consumer production systems; and
Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9091(c)(2)) is amended—
Section 1602 of the Agricultural Act of 2014 (7 U.S.C. 9092) is amended by striking “2018” each place it appears and inserting “2023”.
Section 1614 of the Agricultural Act of 2014 (7 U.S.C. 9097) is amended—
(1) by striking subsection (b) and inserting the following:
“(b) Streamlining.—In implementing this title, the Secretary shall—
“(1) reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements, including through the implementation of the Acreage Crop Reporting and Streamlining Initiative that, in part, shall ensure that—
“(A) a producer (or an agent of a producer) may report information electronically (including geospatial data) or conventionally to the Department of Agriculture;
“(B) the Department of Agriculture collects and collates producer information that allows cross-agency collation, including by—
“(C) on the request of the producer (or agent thereof), the Department of Agriculture electronically shares with the producer (or agent) in real time and without cost to the producer (or agent) the common land unit data, related farm level data, conservation practices and other information of the producer through a single Department-wide login;
“(2) improve coordination, information sharing, and administrative work with the Farm Service Agency, the Risk Management Agency, the Natural Resources Conservation Service, and other agencies, as determined appropriate by the Secretary, including by—
“(3) take advantage of new technologies to enhance the efficiency and effectiveness of program delivery to producers, including by—
“(A) providing an option, as practicable, for uploading other farm- or field-level data that is unrelated to program requirements, such as input costs or field characteristics, such as soil test results;
“(B) maintaining historical information and allowing users to examine trends on a field- or farm-level;
“(C) providing access to agency tools, such as farm- or field-level estimates of benefits of existing or prospective conservation practices;
(2) by adding at the end the following:
“(e) Deobligation of unliquidated obligations.—
“(1) IN GENERAL.—Subject to paragraph (3), any payment obligated or otherwise made available by the Secretary under this title on or after the date of enactment of the Agriculture Improvement Act of 2018 that is not disbursed to the recipient by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall—
“(2) OUTSTANDING PAYMENTS.—
“(A) IN GENERAL.—Subject to paragraph (3), any payment obligated or otherwise made available by the Farm Service Agency (or any predecessor agency of the Department of Agriculture) under the laws described in subparagraph (B) before the date of enactment of the Agriculture Improvement Act of 2018, that is not disbursed by the date that is 5 years after the date on which the payment is obligated or otherwise made available shall—
“(B) LAWS DESCRIBED.—The laws referred to in subparagraph (A) are any of the following:
“(ii) Title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.).
“(iii) Title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.).
“(iv) The Agricultural Market Transition Act (7 U.S.C. 7201 et seq.).
“(v) Titles I through XI of the Food, Agriculture, Conservation, and Trade Act of 1990 (Public Law 101–624; 104 Stat. 3374) and the amendments made by those titles.
“(vi) Titles I through X of the Food Security Act of 1985 (Public Law 99–198; 99 Stat. 1362) and the amendments made by those titles.
Section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(1)) is amended by striking “$900,000” and inserting “$700,000”.
(a) In general.—The Secretary shall review the establishment, calculation, reallocation, adjustment, and reduction of base acres under part II of subtitle A of title I of the Agricultural Act of 2014 (7 U.S.C. 9011 et seq.).
(b) Report.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review under subsection (a).
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Inspector General of the Department of Agriculture, shall establish policies, procedures, and plans to improve program accountability and integrity through targeted and coordinated activities, including utilizing data mining to identify and reduce errors, waste, fraud, and abuse in programs administered by the Farm Service Agency.
(b) Report.—Not later than 2 years after the date of enactment of this Act, and annually thereafter through fiscal year 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing a summary of—
(1) the existing efforts of the Department of Agriculture to eliminate errors, waste, fraud, and abuse, including efforts that involve coordination with other departments or agencies;
(a) Section 1112(c)(2) of the Agricultural Act of 2014 (7 U.S.C. 9012(c)(2)) is amended by striking subparagraph (A) and inserting the following:
“(A) Any acreage on the farm enrolled in—
“(i) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or
“(ii) a wetland reserve easement under section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c).”.
(b) Section 1614(d) of the Agricultural Act of 2014 (7 U.S.C. 9097(d)) is amended—
(1) in paragraph (1), by striking “pursuant 2 U.S.C. 901(a)” and inserting “pursuant to section 251(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(a))”; and
SEC. 2101. Extension and enrollment requirements of conservation reserve program.
Section 1231 of the Food Security Act of 1985 (16 U.S.C. 3831) is amended—
(3) in subsection (d)—
(B) in paragraph (2)—
(ii) in subparagraph (B)—
(II) by striking “land with expiring” and inserting the following: “land, as determined by the Secretary—
(III) in clause (i) (as so designated), by striking the period at the end and inserting a semicolon; and
(IV) by adding at the end the following:
“(iii) of ecological significance, including land that—
“(I) may assist in the restoration of threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
“(II) may assist in preventing a species from being listed as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
(C) by adding at the end the following:
“(3) ADDITIONAL ENROLLMENT PROCEDURE.—
“(A) GRASSLANDS AND CONTINUOUS SIGN-UP.—With respect to enrollment in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii) or of grassland described in subsection (b)(3), the Secretary shall allow producers to submit applications for enrollment on a continuous basis.
“(4) STATE ACRES FOR WILDLIFE ENHANCEMENT.—
“(A) IN GENERAL.—For the purposes of applying the limitations in paragraph (1), the Secretary shall give priority to land—
“(B) ACREAGE.—Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 30 percent of acres enrolled in the conservation reserve using continuous sign-up under section 1234(d)(2)(A)(ii) shall be of land described in subparagraph (A).
“(5) ENROLLMENT OF WATER QUALITY PRACTICES TO FOSTER CLEAN LAKES, ESTUARIES, AND RIVERS.—
“(A) IN GENERAL.—For purposes of applying the limitation in paragraph (1), the Secretary shall give priority to the enrollment in the conservation reserve program under this subchapter of land that, as determined by the Secretary—
“(B) SEDIMENT AND NUTRIENT LOADINGS.—In carrying out subparagraph (A), the Secretary shall consider land that—
“(C) ACREAGE.—Of the acres maintained in the conservation reserve in accordance with paragraph (1), to the maximum extent practicable, not less than 40 percent of acres enrolled in the conservation reserve using continuous sign-up under section 1234(d)(2)(A)(ii) shall be of land described in subparagraph (A).
(4) by adding at the end the following:
“(j) State acres for wildlife enhancement.—
“(1) IN GENERAL.—A State or Indian Tribe, in consultation with the applicable State technical committee established under section 1261(a), may submit to the Secretary a request to designate within the State or territory of the Indian Tribe a State acres for wildlife enhancement area (referred to in this subsection as a ‘SAFE area’) in accordance with this subsection.
“(3) PRIORITY.—The Secretary may give priority to requests submitted under paragraph (1)—
“(A) that cover an area—
“(ii) the designation of which would help—
“(I) to prevent the listing of a species as a threatened species or an endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or
“(4) REGIONAL BALANCE.—To the maximum extent practicable, the Secretary shall maintain a regional balance in the designation of SAFE areas.
SEC. 2102. Farmable wetland program.
Section 1231B(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3831b(a)(1)) is amended by striking “2018” and inserting “2023”.
SEC. 2103. Duties of the Secretary.
(a) Cost-Share and rental payments.—Section 1233(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3833(a)(1)) is amended by inserting “, including the cost of fencing and other water distribution practices, if applicable” after “interest”.
(b) Specified activities permitted.—Section 1233(b) of the Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended by striking paragraph (1) and inserting the following:
“(1) harvesting, grazing, or other commercial use of the forage, without any reduction in the rental rate, in response to—
(c) Harvesting and grazing.—Section 1233 of the Food Security Act of 1985 (16 U.S.C. 3833) is amended by adding at the end the following:
“(e) Harvesting and grazing.—
“(1) IN GENERAL.—The Secretary may permit harvesting and grazing in accordance with paragraphs (2) through (5) of subsection (b) on any land subject to a contract under the conservation reserve program.
“(2) EXCEPTION.—The Secretary, in coordination with the applicable State technical committee established under section 1261(a), may determine for any year that harvesting or grazing described in paragraph (1) shall not be permitted on land subject to a contract under the conservation reserve program in a particular county if harvesting or grazing for that year would cause long-term damage to vegetative cover on that land.”.
Section 1234 of the Food Security Act of 1985 (16 U.S.C. 3834) is amended—
(1) in subsection (c)—
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(B) by inserting before subparagraph (A) (as so redesignated) the following:
“(1) SIGNING AND PRACTICE INCENTIVE PAYMENTS.—
“(A) IN GENERAL.—In the case of a continuous enrollment contract, the Secretary may make an incentive payment to an owner or operator of eligible land in an amount sufficient to encourage participation in the program established under this subchapter.
“(B) LIMITATION ON MAKING PAYMENTS.—The Secretary may only make an incentive payment under subparagraph (A) if the national average market price received by producers during the previous 12-month marketing year for major covered commodities is greater than the national average market price received by producers during the most recent 10 marketing years for major covered commodities.
(2) in subsection (d)—
SEC. 2105. Conservation reserve enhancement program.
(a) In general.—Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231 (16 U.S.C. 3831) the following:
“SEC. 1231A. Conservation reserve enhancement program.
“(a) Definitions.—In this section:
“(1) ELIGIBLE LAND.—The term ‘eligible land’ means land that is eligible to be included in the program established under this subchapter.
“(2) ELIGIBLE PARTNER.—The term ‘eligible partner’ means—
“(C) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
“(E) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
“(3) MANAGEMENT.—The term ‘management’ means an activity conducted by an owner or operator under a contract entered into under this subchapter after the establishment of a conservation practice on eligible land, to regularly maintain or enhance the vegetative cover established by the conservation practice—
“(b) Agreements.—
“(1) IN GENERAL.—The Secretary may enter into an agreement with an eligible partner to carry out a conservation reserve enhancement program—
“(2) CONTENTS.—An agreement entered into under paragraph (1) shall—
“(A) describe—
“(i) 1 or more specific State or nationally significant conservation concerns to be addressed by the agreement;
“(iii) a suitable acreage goal for enrollment of eligible land under the agreement, as determined by the Secretary;
“(3) EFFECT ON EXISTING AGREEMENTS.—
“(A) IN GENERAL.—Subject to subparagraph (B), an agreement under this subsection shall not affect, modify, or interfere with existing agreements under this subchapter.
“(B) MODIFICATION OF EXISTING AGREEMENTS.—To implement this section, the signatories to an agreement under this subsection may mutually agree to a modification of an agreement entered into before the date of enactment of this section under the Conservation Reserve Enhancement Program established by the Secretary under this subchapter.
“(c) Payments.—
“(1) FUNDING REQUIREMENT.—Funds provided by an eligible partner may be in cash, in-kind contributions, or technical assistance.
“(2) MARGINAL PASTURELAND COST-SHARE PAYMENTS.—The Secretary shall ensure that cost-share payments to an owner or operator to install stream fencing, crossings, and alternative water development on marginal pastureland under a program reflect the fair market value of the cost of installation.
“(3) COST-SHARE AND PRACTICE INCENTIVE PAYMENTS.—
“(4) RIPARIAN BUFFER MANAGEMENT PAYMENTS.—
“(A) IN GENERAL.—In the case of an agreement under subsection (b)(1) that includes riparian buffers as an eligible practice, the Secretary shall make cost-share payments to encourage the regular management of the riparian buffer throughout the term of the agreement, consistent with the conservation plan that covers the eligible land.
“(B) LIMITATION.—The amount of payments received by an owner or operator under subparagraph (A) shall not be greater than 100 percent of the normal and customary projected management cost, as determined by the Secretary, in consultation with the applicable State technical committee established under section 1261(a).
“(d) Forested riparian buffer practice.—
“(1) FOOD-PRODUCING WOODY PLANTS.—In the case of an agreement under subsection (b)(1) that includes forested riparian buffers as an eligible practice, the Secretary shall allow an owner or operator—
“(A) to plant food-producing woody plants in the forested riparian buffers, on the conditions that—
“(2) TECHNICAL ASSISTANCE.—For the purpose of enrolling forested riparian buffers in a program, the Administrator of the Farm Service Agency, in consultation with the Chief of the Forest Service—
“(e) Acreage.—Of the acres of land maintained in the conservation reserve in accordance with section 1231(d)(1), to the maximum extent practicable, not less than 20 percent of the acres enrolled in the conservation reserve program using continuous sign-up under section 1234(d)(2)(A)(ii) shall be enrolled under an agreement under subsection (b)(1).
(b) Conforming amendments.—
(1) Section 1240R(c)(3) of the Food Security Act of 1985 (16 U.S.C. 3839bb–5(c)(3)) is amended by striking “a special conservation reserve enhancement program described in section 1234(f)(4)” and inserting “the Conservation Reserve Enhancement Program under section 1231A”.
(2) Section 1244(f)(3) of the Food Security Act of 1985 (16 U.S.C. 3844(f)(3)) is amended by striking “subsection (d)(2)(A)(ii) or (g)(2) of section 1234” and inserting “section 1231A or 1234(d)(2)(A)(ii)”.
(a) In general.—Section 1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is amended—
(3) in subsection (e) (as so redesignated)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by striking “retired farmer or rancher” and inserting “contract holder”;
(ii) by striking “retired or retiring owner or operator” each place it appears and inserting “contract holder”;
(iii) in subparagraph (A), in the matter preceding clause (i), by striking “1 year” and inserting “2 years”;
(iv) in subparagraph (B), by inserting “purchase, including a lease with a term of less than 5 years and an option to” before “purchase)”;
(4) by adding at the end the following:
“(h) Owner or operator election relating to conservation reserve easements.—
“(1) DEFINITION OF COVERED CONTRACT.—In this subsection, the term ‘covered contract’ means a contract entered into under this subchapter—
“(2) ELECTION.—On the expiration of a covered contract, an owner or operator party to the covered contract shall elect—
“(3) EXCEPTION.—On the expiration of a covered contract, if land enrolled in the conservation reserve program under that contract is determined by the Secretary to not be suitable for permanent protection through a conservation reserve easement under section 1231C, notwithstanding paragraph (2)(B), the Secretary shall allow the land to be reenrolled under the terms of the conservation reserve program in effect on the date of expiration.”.
(b) Conforming amendment.—Section 1241(a)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking “1235(f)” and inserting “1235(e)”.
SEC. 2107. Conservation reserve easements.
Subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1231B (16 U.S.C. 3831b) the following:
“SEC. 1231C. Conservation reserve easements.
“(a) In general.—
“(b) Eligible land.—Only land subject to an expired covered contract (as defined in section 1235(h)(1)) shall be eligible for enrollment through a conservation reserve easement under this section.
“(d) Agreements.—To be eligible to enroll land in the conservation reserve program through a conservation reserve easement, the owner of the land shall enter into an agreement with the Secretary—
“(2) to implement a conservation reserve easement plan developed for the land under subsection (h)(1);
“(3) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement;
“(e) Terms and conditions of easements.—
“(1) IN GENERAL.—A conservation reserve easement shall include terms and conditions that—
“(A) permit—
“(B) prohibit—
“(i) the alteration of wildlife habitat and other natural features of the land, unless specifically authorized by the Secretary as part of the conservation reserve easement plan;
“(ii) the spraying of the land with chemicals or the mowing of the land, except where the spraying or mowing is authorized by the Secretary or is necessary—
“(3) COMPATIBLE USES.—Land subject to a conservation reserve easement may be used for compatible economic uses, including hunting and fishing, managed timber harvest, or periodic haying or grazing, if the use—
“(f) Compensation.—
“(1) DETERMINATION.—
“(A) PERMANENT EASEMENTS.—The Secretary shall pay as compensation for a permanent conservation reserve easement acquired under this section an amount necessary to encourage enrollment of land in such a conservation reserve easement, based on the lowest of—
“(i) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practice or an areawide market analysis or survey;
“(2) FORM OF PAYMENT.—Compensation for a conservation reserve easement shall be provided by the Secretary in the form of a cash payment, in an amount determined under paragraph (1).
“(4) TIMING.—The Secretary shall provide any annual easement payment obligation under paragraph (3)(A) as early as practicable in each fiscal year.
“(g) Technical assistance.—
“(1) IN GENERAL.—The Secretary shall assist owners in complying with the terms and conditions of a conservation reserve easement.
“(2) CONTRACTS OR AGREEMENTS.—The Secretary may enter into 1 or more contracts with private entities or agreements with a State, nongovernmental organization, or Indian Tribe to carry out necessary maintenance of a conservation reserve easement if the Secretary determines that the contract or agreement will advance the purposes of the conservation reserve program.
“(h) Administration.—
“(1) CONSERVATION RESERVE EASEMENT PLAN.—The Secretary shall develop a conservation reserve easement plan for any land subject to a conservation reserve easement, which shall include practices and activities necessary to maintain, protect, and enhance the conservation value of the enrolled land.
“(2) DELEGATION OF EASEMENT ADMINISTRATION.—
“(A) FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCIES.—The Secretary may delegate any of the management, monitoring, and enforcement responsibilities of the Secretary under this section to other Federal, State, or local government agencies that have the appropriate authority, expertise, and resources necessary to carry out those delegated responsibilities.
SEC. 2108. Eligible land; State law requirements.
The Secretary shall revise paragraph (4) of section 1410.6(d) of title 7, Code of Federal Regulations, to provide that land shall not be ineligible for enrollment in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if the Deputy Administrator (as defined in section 1410.2(b) of title 7, Code of Federal Regulations (or successor regulations)), in consultation with the applicable State technical committee established under section 1261(a) of the Food Security Act of 1985 (16 U.S.C. 3861(a)) determines, under such terms and conditions as the Deputy Administrator, in consultation with the State technical committee, determines to be appropriate, that making that land eligible for enrollment in that program is in the best interests of that program.
Section 1238D of the Food Security Act of 1985 (16 U.S.C. 3838d) is amended—
(a) Extension.—Section 1238E(a) of the Food Security Act of 1985 (16 U.S.C. 3838e(a)) is amended in the matter preceding paragraph (1) by striking “2018” and inserting “2023”.
(b) Exclusions.—Section 1238E(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3838e(b)(2)) is amended in the matter preceding paragraph (1) by striking “the Agricultural Act of 2014” and inserting “the Agriculture Improvement Act of 2018”.
SEC. 2203. Stewardship contracts.
Section 1238F of the Food Security Act of 1985 (16 U.S.C. 3838f) is amended—
(1) in subsection (b), by striking paragraph (1) and inserting the following:
“(1) RANKING OF APPLICATIONS.—
“(A) IN GENERAL.—In evaluating contract offers submitted under subsection (a), the Secretary shall rank applications based on—
“(i) the natural resource conservation and environmental benefits that result from the conservation treatment on all applicable priority resource concerns at the time of submission of the application;
“(B) ADDITIONAL CRITERION.—If 2 or more applications receive the same ranking under subparagraph (A), the Secretary shall rank those contracts based on the extent to which the actual and anticipated conservation benefits from each contract are provided at the lowest cost relative to other similarly beneficial contract offers.”; and
SEC. 2204. Duties of Secretary.
Section 1238G of the Food Security Act of 1985 (16 U.S.C. 3838g) is amended—
(1) in subsection (c)—
(A) in the matter preceding paragraph (1)—
(3) in subsection (e)—
(C) by redesignating paragraphs (1) and (4) as paragraphs (2) and (1), respectively, and moving the paragraphs so as to appear in numerical order;
(D) in paragraph (1) (as so redesignated)—
(i) by redesignating subparagraphs (A) through (D) and (E) as clauses (i) through (iv) and (vi), respectively, and indenting appropriately;
(ii) by striking the paragraph designation and all that follows through “the term” in the matter preceding clause (i) (as so redesignated) and inserting the following:
“(1) DEFINITIONS.—In this subsection:
“(A) ADVANCED GRAZING MANAGEMENT.—The term ‘advanced grazing management’ means the use of a combination of grazing practices (as determined by the Secretary), which may include management-intensive rotational grazing, that provide for—
(E) in paragraph (2) (as so redesignated), by striking “improve resource-conserving” and all that follows through the period at the end and inserting the following: “improve, manage, and maintain—
(5) by inserting after subsection (e) the following:
“(f) Payment for comprehensive conservation plan.—
“(1) DEFINITION OF COMPREHENSIVE CONSERVATION PLAN.—In this subsection, the term ‘comprehensive conservation plan’ means a conservation plan that meets or exceeds the stewardship threshold for each priority resource concern identified by the Secretary under subsection (a)(2).
(7) in subsection (i) (as so redesignated)—
(A) by striking the subsection designation and heading and all that follows through “The Secretary” and inserting the following:
(8) in subsection (j) (as so redesignated), by striking “subsection (f)” and inserting “subsection (g)”; and
(9) by adding at the end the following:
“(k) Streamlining and coordination.—To the maximum extent feasible, the Secretary shall provide for streamlined and coordinated procedures for the program and the environmental quality incentives program under chapter 4, including applications, contracting, conservation planning, conservation practices, and related administrative procedures.
“(l) Soil health.—To the maximum extent feasible, the Secretary shall manage the program to enhance soil health.
“(m) Annual report.—Each fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is amended—
(2) in paragraph (4)—
(A) by striking “to make beneficial, cost effective changes to production systems (including conservation practices related to organic production)” and inserting “to address existing or new resource concerns associated with changes to production systems, including conservation practices related to organic production”; and
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa–1) is amended—
(1) by redesignating paragraphs (1) through (4) and (5) as paragraphs (2) through (5) and (7), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the following:
“(1) CONSERVATION PLANNING SURVEY.—The term ‘conservation planning survey’ means a plan that—
“(B) assesses rangeland or cropland function and describes conservation activities to enhance the economic and ecological management of that land;
SEC. 2303. Establishment and administration.
Section 1240B of the Food Security Act of 1985 (16 U.S.C. 3839aa–2) is amended—
(2) in subsection (b)(2)—
(B) by adding at the end the following:
“(B) WILDLIFE PRACTICES.—
“(i) IN GENERAL.—In the case of a contract under the program entered into solely for the establishment of 1 or more annual management practices for the benefit of wildlife, notwithstanding any maximum contract term established by the Secretary, the contract shall have a term that does not exceed 10 years.
(3) in subsection (d)—
(B) by adding at the end the following:
“(7) REVIEW AND GUIDANCE FOR COST SHARE RATES.—
“(A) IN GENERAL.—Not later than 365 days after the date of enactment of this paragraph, the Secretary shall—
“(8) REVIEW OF CONSERVATION PRACTICE STANDARDS.—
“(A) REVIEW.—Not later than 365 days after the date of enactment of this paragraph, the Secretary shall review conservation practice standards under the program to evaluate opportunities to increase flexibility within conservation practice standards while ensuring equivalent natural resource benefits.
“(9) INCREASED PAYMENTS FOR HIGH-PRIORITY PRACTICES.—
“(A) STATE DETERMINATION.—Each State, in consultation with the State technical committee established under section 1261(a) for the State, may designate 10 practices to be eligible for increased payments under subparagraph (B), on the condition that the practice, as determined by the Secretary—
“(B) INCREASED PAYMENTS.—Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training.”;
(4) in subsection (f)—
(C) by adding at the end the following:
“(3) REVIEW OF PROCESS FOR DETERMINING ANNUAL FUNDING ALLOCATIONS TO STATES.—
“(A) IN GENERAL.—Not later than 365 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall review the process for determining annual funding allocations to States under the program.
“(B) CONSIDERATIONS.—In conducting the review under subparagraph (A), the Secretary shall consider—
“(i) the roles of, in determining annual funding allocations to States—
(5) in subsection (h)—
(6) in subsection (i)(3), by striking “$20,000 per year or $80,000 during any 6-year period” and inserting “$160,000 during the period of fiscal years 2019 through 2023”; and
(7) by adding at the end the following:
“(j) Micro-EQIP pilot program.—
“(1) IN GENERAL.—On request of not more than 10 States, the Secretary may establish under the environmental quality incentives program a pilot program in that State under which the Secretary may—
“(A) provide financial and technical assistance to small-scale agricultural producers, including beginning farmers and ranchers and limited resource producers, that enter into contracts with the Secretary under the pilot program to address natural resource concerns relating to production on small-scale agricultural operations; and
“(2) PAYMENTS.—
“(A) IN GENERAL.—The Secretary shall determine whether a small-scale agricultural producer is eligible to receive payments under this subsection—
“(ii) in consultation with the technical committee established under section 1261(a) of the State in which the small-scale agricultural producer is located; and
“(3) APPLICATIONS.—
“(A) IN GENERAL.—To be eligible to receive financial and technical assistance under this subsection, a producer that is eligible for the assistance under paragraph (2)(A) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(B) ADMINISTRATION.—To the maximum extent practicable, the Secretary shall limit the administrative burdens, and the regulatory barriers that contribute to administrative burdens, on producers applying for payments under this subsection, including by streamlining the application and approval processes for payments.
“(4) PILOT PROGRAM COORDINATOR.—The Secretary may designate a pilot program coordinator in each State who—
“(5) REPORT.—Not later than May 1, 2022, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the pilot program under this subsection, including—
SEC. 2304. Evaluation of applications.
Section 1240C(a) of the Food Security Act of 1985 (16 U.S.C. 3839aa–3(a)) is amended—
SEC. 2305. Duties of the Secretary.
Section 1240F of the Food Security Act of 1985 (16 U.S.C. 3839aa–6) is amended—
(2) by adding at the end the following:
“(b) Streamlining and coordination.—To the maximum extent feasible, the Secretary shall—
“(1) provide for streamlined and coordinated procedures for the program and the conservation stewardship program under subchapter B of chapter 2, including applications, contracting, conservation planning, conservation practices, and related administrative procedures; and
“(2) coordinate management of the program and the conservation stewardship program under subchapter B of chapter 2 to facilitate the ability of a participant in the program to enroll in the conservation stewardship program after meeting the stewardship threshold (as defined in section 1238D) for not less than 2 priority resource concerns under that program.
SEC. 2306. Environmental quality incentives program plan.
Section 1240E(a)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa–5(a)(3)) is amended by inserting “progressive” before “implementation”.
SEC. 2307. Conservation innovation grants and payments.
Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) is amended—
(1) in subsection (a)(2)—
(B) by inserting after subparagraph (D) the following:
SEC. 2308. Soil health demonstration pilot project.
Chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended by adding at the end the following:
“SEC. 1240I. Soil health demonstration pilot project.
“(a) In general.—The Secretary shall carry out a pilot project that provides financial incentives, as determined by the Secretary, to producers to adopt practices designed to improve soil health, including by increasing carbon levels in soil (or ‘soil carbon levels’).
“(b) Requirements.—In establishing the pilot project under subsection (a), the Secretary shall—
“(1) identify geographic regions of the United States, including not less than 1 drought prone region, based on factors such as soil type, cropping history, and water availability, in which to establish the pilot project;
SEC. 2401. Wetland conservation.
Section 1222(c) of the Food Security Act of 1985 (16 U.S.C. 3822(c)) is amended by inserting before the period at the end the following: “in the presence of the person that has received a notice of ineligibility under this section, as long as the person makes themselves available for the on-site visit”.
SEC. 2402. Conservation security program.
Subchapter A of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.) is repealed.
SEC. 2403. Conservation of private grazing land.
Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb) is amended—
(1) in subsection (c)(2), by adding at the end the following:
“(C) PARTNERSHIPS.—In carrying out the program under this section, the Secretary shall provide education and outreach activities through partnerships with—
“(i) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and
SEC. 2404. Soil health and income protection program.
Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240M (16 U.S.C. 3839bb) the following:
“SEC. 1240N. Soil health and income protection program.
“(a) Definition of eligible land.—In this section:
“(b) Establishment.—
“(1) IN GENERAL.—The Secretary shall establish a voluntary soil health and income protection program under which eligible land is enrolled through the use of agreements to assist owners and operators of eligible land to conserve and improve the soil, water, and wildlife resources of the eligible land.
“(c) Agreements.—
“(1) REQUIREMENTS.—An agreement described in subsection (b) shall—
“(A) be entered into by the Secretary, the owner of the eligible land, and (if applicable) the operator of the eligible land; and
“(B) provide that, during the term of the agreement—
“(i) the lowest practicable cost perennial conserving use cover crop for the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee, shall be planted on the eligible land;
“(ii) except as provided in paragraph (5), the owner or operator of the eligible land shall pay the cost of planting the conserving use cover crop under clause (i);
“(iii) subject to paragraph (6), the eligible land may be harvested for seed, hayed, or grazed outside the nesting and brood-rearing period established for the applicable county;
“(2) PAYMENTS.—Except as provided in paragraphs (5) and (6)(B)(ii), the annual rental rate for a payment under an agreement described in subsection (b) shall be equal to 50 percent of the average rental rate for the applicable county under section 1234(d), as determined by the Secretary.
“(3) LIMITATION ON ENROLLED LAND.—Not more than 15 percent of the eligible land on a farm may be enrolled in the program under this section.
“(4) TERM.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), each agreement described in subsection (b) shall be for a term of 3, 4, or 5 years, as determined by the parties to the agreement.
“(B) EARLY TERMINATION.—
“(i) SECRETARY.—The Secretary may terminate an agreement described in subsection (b) before the end of the term described in subparagraph (A) if the Secretary determines that the early termination of the agreement is necessary.
“(ii) OWNERS AND OPERATORS.—An owner and (if applicable) an operator of eligible land enrolled in the program under this section may terminate an agreement described in subsection (b) before the end of the term described in subparagraph (A) if the owner and (if applicable) the operator pay to the Secretary an amount equal to the amount of rental payments received under the agreement.
“(5) BEGINNING, SMALL, SOCIALLY DISADVANTAGED, YOUNG, OR VETERAN FARMERS AND RANCHERS.—With respect to a beginning, small, socially disadvantaged, young, or veteran farmer or rancher, as determined by the Secretary—
“(6) HARVESTING, HAYING, AND GRAZING OUTSIDE APPLICABLE PERIOD.—The harvesting for seed, haying, or grazing of eligible land under paragraph (1)(B)(iii) outside of the nesting and brood-rearing period established for the applicable county shall be subject to the conditions that—
“(A) with respect to eligible land that is so hayed or grazed, adequate stubble height shall be maintained to protect the soil on the eligible land, as determined by the applicable State conservationist after considering the advice of the applicable State technical committee; and
“(B) with respect to eligible land that is so harvested for seed—
“(i) the eligible land shall not be eligible to be insured or reinsured under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
SEC. 2405. Grassroots source water protection program.
Section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb–2) is amended by striking subsection (b) and inserting the following:
SEC. 2406. Soil testing and remediation assistance.
Chapter 5 of subtitle D of title XII of the Food Security Act of 1985 is amended by inserting after section 1240O (16 U.S.C. 3839bb–2) the following:
“SEC. 1240P. Soil testing and remediation assistance.
“(a) Definition of producer.—In this section, the term ‘producer’ includes a small-scale producer of food.
“(b) Soil health and quality.—To improve the health and quality of the soil used for agricultural production, the Secretary shall work with producers to mitigate the presence of contaminants in soil, including by carrying out subsections (c), (d), and (e).
“(c) Soil testing protocol.—
“(1) IN GENERAL.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish a coordinated soil testing protocol to simplify the process used by producers to evaluate soil health, including testing for—
“(d) Soil assessment and remediation technical assistance.—
“(1) IN GENERAL.—The Secretary shall provide technical assistance to a producer carrying out a soil assessment or soil remediation practice that shall include—
“(B) testing of the soil, if applicable, to determine the suitability of the soil for agricultural production;
“(C) based on the results of the soil tested under subparagraph (B), a consultation with the producer and a determination of the quality, health, and level of contamination of the soil adequate—
“(D) recommendations on methods to conduct remediation or soil building efforts to improve soils and ensure that the producers—
“(i) are not growing products in soils with high levels of heavy metals, volatile organic compounds, polycyclic aromatic hydrocarbons, or other contaminants;
“(e) Referral.—On the request of a producer, where soil is found to pose an imminent hazard to human health, the Secretary may refer the producer to the Administrator of the Environmental Protection Agency for additional assistance for remediation under section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(k)).”.
SEC. 2407. Voluntary public access and habitat incentive program.
(a) Conservation innovation grants and payments.—Section 1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–8) is amended—
(b) Modifications and merging of provisions.—Section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb–5) is amended—
(1) in subsection (b)—
(2) in subsection (c), by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately;
(6) by redesignating subsections (a) through (e) as paragraphs (1) through (5), respectively, and indenting appropriately;
(8) by striking the section designation and heading and all that follows through “The Secretary shall establish a voluntary public access program” in paragraph (1) (as so redesignated) and inserting the following:
(9) by moving subsection (c) (as so amended and redesignated) so as to appear after subsection (b) of section 1240H (16 U.S.C. 3839aa–8) (as amended by subsection (a)(2)).
SEC. 2408. Agriculture conservation experienced services program.
Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is amended by adding at the end the following:
SEC. 2409. Remote telemetry data system.
The Food Security Act of 1985 is amended by inserting after section 1252 (16 U.S.C. 3851) the following:
SEC. 2410. Agricultural conservation easement program.
(a) Purposes.—Section 1265(b)(3) of the Food Security Act of 1985 (16 U.S.C. 3865(b))(3) is amended by inserting “that may negatively impact the agricultural uses and conservation values” before “; and”.
(b) Definitions.—Section 1265A of the Food Security Act of 1985 (16 U.S.C. 3865a) is amended—
(1) in paragraph (1)(B), by striking “subject to an agricultural land easement plan, as approved by the Secretary”;
(2) in paragraph (2)(A), by striking “government or an Indian tribe” and inserting “government, an Indian tribe, or an acequia”; and
(3) in paragraph (3)—
(A) in subparagraph (A)(i), by striking “entity;” and inserting “entity, unless the land will be enrolled in an agricultural land easement under subparagraph (B);”;
(C) by inserting after subparagraph (A) the following:
“(B) in the case of an agricultural land easement, agricultural land that meets the conditions described in clauses (ii) and (iii) of subparagraph (A) that is owned by an organization described in paragraph (2)(B), on the conditions that—
“(i) if the organization that owns the land is also the eligible entity that would hold the agricultural land easement, the organization that owns the land shall certify to the Secretary on submission of the application that the land will be owned by a farmer or rancher that is not an organization described in paragraph (2)(B) on acquisition of the agricultural land easement;
“(ii) if the organization that owns the land is not the eligible entity that would hold the agricultural land easement, the organization that owns the land shall certify, through an agreement, contract, or guarantee with the Secretary on submission of the application, that the organization will identify a farmer or rancher that is not an organization described in paragraph (2)(B) and effect the timely subsequent transfer of the ownership of the land to that farmer or rancher after the date of acquisition of the agricultural land easement; and
“(iii) if the organization that certified the timely subsequent transfer of the ownership of the land under clause (ii) breaches the agreement, contract, or guarantee without justification and without a plan to effect the timely transfer of the land, that organization shall reimburse the Secretary for the entire amount of the Federal share of cost of each applicable agricultural land easement.”.
(c) Agricultural land easements.—Section 1265B of the Food Security Act of 1985 (16 U.S.C. 3865b) is amended—
(1) in subsection (a)(2), by striking “provide” and all that follows through the period at the end and inserting “implement the program, including technical assistance with the development of a conservation plan under subsection (b)(3).”; and
(2) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A), in the matter preceding clause (i), by striking “paragraph (4)” and inserting “paragraph (5)”; and
(ii) in subparagraph (B), by striking clause (ii) and inserting the following:
“(ii) NON-FEDERAL SHARE.—The non-Federal share provided by an eligible entity under clause (i) may comprise—
“(I) a charitable donation or qualified conservation contribution (as defined in section 170(h) of the Internal Revenue Code of 1986) from the private landowner from which the agricultural land easement will be purchased;
(C) by inserting after paragraph (2) the following:
“(3) CONDITION ON ASSISTANCE.—An eligible entity applying for cost-share assistance under this subsection shall develop an agricultural land easement plan—
“(B) that—
“(i) describes the natural resource concerns on the eligible land subject to the agricultural land easement;
“(ii) describes the conservation measures and practices that the landowner of the eligible land subject to the agricultural land easement may employ to address the concerns under clause (i);
(D) in paragraph (4) (as so redesignated)—
(E) in paragraph (5) (as so redesignated)—
(ii) in subparagraph (C)—
(iv) by inserting after subparagraph (C) the following:
(F) in paragraph (6) (as so redesignated)—
(i) in subparagraph (B)—
(I) in clause (iii), by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and indenting appropriately;
(II) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(III) in the matter preceding subclause (I) (as so redesignated), by striking “entity will” and inserting the following: “eligible entity—
(IV) in clause (i)(III)(cc) (as so redesignated), by striking the period at the end and inserting a semicolon; and
(V) by adding at the end the following:
“(ii) has—
(iii) by inserting after subparagraph (B) the following:
“(C) TERMS AND CONDITIONS.—Notwithstanding paragraph (5)(C), to account for geographic and other differences among States and regions, an eligible entity certified under subparagraph (A) may use terms and conditions established by the eligible entity for agricultural land easements, on the condition that those terms and conditions shall be consistent with the purposes of the program.”.
(d) Wetland reserve easements.—Section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c) is amended—
(4) in subsection (f)—
(e) Administration.—Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is amended—
(1) in subsection (a)—
(B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;
SEC. 2411. Regional conservation partnership program.
(a) Establishment and purposes.—Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is amended—
(1) in subsection (a)—
(2) in subsection (b)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “use covered programs” and inserting “carry out conservation activities”;
(D) by adding at the end the following:
“(4) To encourage the flexible and streamlined delivery of conservation assistance to eligible producers through partnership agreements.
“(5) To encourage alignment of partnership projects with other Federal, State, and local agencies and programs addressing similar natural resource or environmental concerns in a coordinated manner.
(b) Definitions.—Section 1271A of the Food Security Act of 1985 (16 U.S.C. 3871a) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by inserting “a purpose, activity, or agreement under any of” after “means”; and
(B) by adding at the end the following:
“(F) The program established by the Secretary to carry out the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), except for any program established by the Secretary to carry out section 14 (16 U.S.C. 1012) of that Act.”;
(2) by striking paragraphs (2) and (3) and inserting the following:
“(2) ELIGIBLE ACTIVITY.—The term ‘eligible activity’ means—
(c) Regional conservation partnerships.—Section 1271B of the Food Security Act of 1985 (16 U.S.C. 3871b) is amended—
(2) by striking subsection (b) and inserting the following:
“(b) Maximum length.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the term of a partnership agreement shall not be longer than 5 years.
“(2) EXCEPTIONS.—
“(A) CONCURRENT PROGRAM DEADLINE.—Subject to approval by the Secretary, the term of a partnership agreement may be longer than 5 years if the longer period is concurrent with a deadline established under a State or Federal program that relates specifically to the project.
“(B) SPECIAL CIRCUMSTANCES.—In the case of special circumstances outside the control of an eligible partner (as determined by the Secretary) that have created a delay in the implementation of a project of the eligible partner, the eligible partner may request an extension of the term of the partnership agreement.
“(3) PARTNERSHIP AGREEMENT RENEWALS.—If an eligible partner demonstrates to the satisfaction of the Secretary that the eligible partner has made progress in addressing 1 or more natural resource concerns defined in the partnership agreement, not earlier than 1 year before the date of expiration of the partnership agreement, the eligible partner may request from the Secretary a renewal of the partnership agreement, including a renewal of funding, through an expedited approval process—
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(iii) in subparagraph (C), by striking “a producer” each place it appears and inserting “an eligible producer”;
(B) in paragraph (2)—
(ii) by adding at the end the following:
“(C) TREATMENT.—Any amounts expended during the period beginning on the date on which the Secretary announces the approval of an application under subsection (e) and ending on the day before the effective date of the partnership agreement by an eligible partner for staff salaries or development of the partnership agreement shall be considered to be a part of the contribution of the eligible partner under this paragraph.”;
(5) by inserting after subsection (c) the following:
“(d) Duties of Secretary.—The Secretary shall—
“(1) establish a timeline for carrying out the duties of the Secretary under a partnership agreement, including—
“(2) establish in each State a program coordinator for the State, who shall be responsible solely for providing assistance to eligible partners and eligible producers under the program;
“(3) establish guidance to assist eligible partners with carrying out the assessment required under subsection (c)(1)(E);
“(4) provide to each eligible partner that has entered into a partnership agreement—
“(5) allow an eligible partner to use a new or modified conservation practice standard under a partnership agreement, if the Secretary ensures that the new or modified conservation practice standard—
(6) in subsection (e) (as redesignated by paragraph (4))—
(A) by striking paragraph (2) and inserting the following:
(B) in paragraph (3)—
(C) in paragraph (4)—
(ii) in subparagraphs (A) and (B), by inserting “eligible” before “producers” each place it appears;
(D) by adding at the end the following:
“(5) REVIEW.—To the extent practicable, after receipt of an application under this subsection, the Secretary shall provide to each applicant information and feedback (including written information and feedback, as the Secretary determines to be appropriate) throughout the annual program application process for any improvements that could be made to the application.”.
(d) Assistance to eligible producers.—Section 1271C of the Food Security Act of 1985 (16 U.S.C. 3871c) is amended—
(2) by striking subsections (a) and (b) and inserting the following:
“(a) In general.—An eligible producer may receive financial or technical assistance to conduct eligible activities on eligible land through a program contract entered into with the Secretary.
“(b) Program contracts.—
“(1) IN GENERAL.—The Secretary shall establish a program contract to be entered into with an eligible producer to conduct eligible activities on eligible land, subject to such terms and conditions as the Secretary may establish.
“(2) APPLICATION BUNDLES.—
(3) in subsection (c)—
(4) by adding at the end the following:
“(d) Funding arrangements through grant agreements.—
“(1) IN GENERAL.—A partnership agreement may be a grant agreement entered into with an eligible partner in accordance with this subsection.
“(2) REQUIREMENTS.—Under a grant agreement under paragraph (1)—
“(A) using amounts made available to carry out this subtitle, the Secretary shall provide to the eligible partner a grant;
“(B) the eligible partner shall carry out eligible activities on eligible land (including by contracting with 1 or more producers, if the eligible partner determines the contracting to be appropriate), on the condition that the eligible activities directly or indirectly benefit agricultural producers (including forestry producers), to address natural resource concerns on a regional or watershed scale, such as—
“(i) infrastructure investments relating to agricultural or nonindustrial private forest production that would benefit multiple producers, such as a multiproducer irrigation water delivery system, including investments to address drought;
“(ii) projects addressing water quality or quantity concerns (including drought) in coordination with producers, including the development and implementation of watershed plans;
“(iii) projects that use innovative approaches to leveraging the Federal investment in conservation with private financial mechanisms, in conjunction with agricultural production or forest resource management, such as—
“(iv) projects that facilitate pilot testing of new conservation practices, technologies, or activities;
“(v) projects that promote the long-term viability and sustainability of agricultural land through innovative agricultural land and water protection strategies and mechanisms, including projects that support the transfer of land to beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers; and
“(3) NONAPPLICABILITY OF ADJUSTED GROSS INCOME LIMITATION.—The adjusted gross income limitation described in section 1001D(b)(1) shall not apply to the receipt by an eligible partner of a grant under this subsection.
“(4) LIMITATION.—The Secretary may not use more than 30 percent of funding made available to carry out the program for grant agreements.
“(5) REPORTS.—An eligible partner that enters into a grant agreement under this subsection shall submit to the Secretary—
(e) Funding.—Section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d) is amended—
(2) in subsection (c), by striking paragraphs (1) and (2) and inserting the following:
“(1) IN GENERAL.—To ensure that additional resources are available to carry out the program, in addition to the funds made available under subsection (a), for each fiscal year the Secretary shall transfer 7 percent of the funds and acres made available for the following programs:
“(2) DURATION OF AVAILABILITY.—Any funds or acres transferred under paragraph (1) shall remain available for obligation only for the purposes of carrying out the program until expended.
“(3) DISTRIBUTION OF FUNDS.—To the maximum extent practicable, of projects receiving funds or acres transferred under paragraph (1) from a program described in subparagraph (A), (B), or (C) of that paragraph, the percentage of projects that shall have purposes similar to the purposes of the applicable program from which funds or acres were transferred shall be approximately equal to the percentage of funds or acres transferred from the applicable program.”;
(3) in subsection (d)—
(A) in paragraph (1), by striking “25 percent of the funds and acres to projects based on a State competitive process administered by the State Conservationist, with the advice of the State technical committee” and inserting the following: “40 percent of the funds and acres to projects based on a State or multistate competitive process administered by the Secretary at the local level with the advice of the applicable State technical committees”;
(4) in subsection (e)—
(B) by adding at the end the following:
“(2) PROJECT DEVELOPMENT AND OUTREACH.—Under a partnership agreement, the Secretary may advance reasonable amounts of funding for technical assistance to eligible partners to conduct project development and outreach activities in a project area, including—
“(A) providing outreach and education to eligible producers for potential participation in the project;
“(3) REIMBURSEMENT.—The Secretary may reimburse reasonable amounts of funding for activities conducted during the period beginning on the date on which the Secretary announces the approval of an application under section 1271B(e) and ending on the day before the effective date of the partnership agreement.”; and
(5) by adding at the end the following:
“(f) Technical assistance.—
“(1) IN GENERAL.—At the time of project selection, the Secretary shall identify and make publically available the amount that the Secretary shall use to provide technical assistance under the terms of the partnership agreement.
(f) Administration.—Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is amended—
(1) in subsection (b)—
(2) by adding at the end the following:
“(c) Compliance with certain requirements.—The Secretary may not provide assistance under the program to an eligible producer unless the eligible producer agrees, during the program year for which the assistance is provided—
“(d) Historically underserved producers.—To the maximum extent practicable, in carrying out the program, the Secretary shall work with eligible partners to maintain eligible benefits available through the covered programs for beginning farmers and ranchers, veteran farmers and ranchers, socially disadvantaged farmers and ranchers, and limited resource farmers and ranchers.
(g) Critical conservation areas.—Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is amended—
(2) by inserting before subsection (b) (as so redesignated) the following:
“(a) Definitions.—In this section:
“(1) CRITICAL CONSERVATION AREA.—The term ‘critical conservation area’ means a geographical area that contains a critical conservation condition that can be addressed through the program.
“(2) CRITICAL CONSERVATION CONDITION.—The term ‘critical conservation condition’ means—
(4) in subsection (c) (as so redesignated)—
(B) by inserting before paragraph (2) (as so redesignated) the following:
“(1) IN GENERAL.—The Secretary shall identify 1 or more critical conservation conditions that apply to each critical conservation area designated under this section after the date of enactment of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 649), including the conservation goals and outcomes sufficient to demonstrate that progress is being made to address the critical conservation conditions.”;
(C) in paragraph (2) (as so redesignated)—
(5) by inserting after subsection (c) (as so redesignated) the following:
“(d) Outreach to eligible partners and eligible producers.—The Secretary shall provide outreach and education to eligible partners and eligible producers in critical conservation areas designated under this section to encourage the development of projects to address each critical conservation condition identified by the Secretary for that critical conservation area.”;
(7) by adding at the end the following:
“(f) Reports.—Not later than December 31, 2018, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the status of each critical conservation condition for each critical conservation area designated under this section, including—
(h) Conforming amendments.—
(1) Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) (as amended by subsection (f)) is amended—
(2) Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is amended in subsection (b) (as redesignated by subsection (g)(1)) by striking “1271D(d)(3)” and inserting “1271D(d)(2)”.
SEC. 2412. Wetland conversion.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C. 3821(d)) is amended—
SEC. 2413. Delineation of wetlands.
(a) Identification of minimal effect exemptions.—Section 1222(d) of the Food Security Act of 1985 (16 U.S.C. 3822(d)) is amended—
(2) in paragraph (1) (as so designated)—
(A) in the first sentence, by inserting “not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, in accordance with paragraph (2),” before “the Secretary”; and
(B) in the second sentence, by striking “The Secretary” and inserting the following:
“(2) REQUIREMENTS.—The Secretary shall carry out paragraph (1)—
“(A) in compliance with applicable Federal environmental laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(B) in accordance with subsections (d) and (e) of section 12.31 of title 7, Code of Federal Regulations (as in effect on the date of enactment of the Agriculture Improvement Act of 2018); and
(b) Mitigation banking.—Section 1222(k)(1) of the Food Security Act of 1985 (16 U.S.C. 3822(k)(1)) is amended by striking subparagraph (B) and inserting the following:
SEC. 2414. Emergency conservation program.
(a) Watershed protection program.—Section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended—
(b) Payment limitations.—Title IV of the Agricultural Credit Act of 1978 is amended by inserting after section 403 (16 U.S.C. 2203) the following:
(c) Funding and administration.—Section 404 of the Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended—
(2) in the third sentence, by striking “In implementing the provisions of” and inserting the following:
(4) by striking the section designation and all that follows through “There are authorized” in the first sentence and inserting the following:
SEC. 2415. Watershed protection and flood prevention.
Section 10 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1007) is amended by striking the section designation and all that follows through “No appropriation” in the second sentence and inserting the following:
SEC. 2416. Small watershed rehabilitation program.
Section 14(h)(2) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)) is amended—
SEC. 2417. Repeal of Conservation Corridor Demonstration Program.
(a) In general.—Subtitle G of title II of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed.
(b) Conforming amendment.—Section 5059 of the Water Resources Development Act of 2007 (16 U.S.C. 3801 note; Public Law 110–114) is repealed.
SEC. 2418. Repeal of cranberry acreage reserve program.
Section 10608 of the Farm Security and Rural Investment Act of 2002 (16 U.S.C. 3801 note; Public Law 107–171) is repealed.
SEC. 2419. Repeal of National Natural Resources Foundation.
Subtitle F of title II of the Federal Agriculture Improvement and Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.
SEC. 2420. Repeal of flood risk reduction.
Section 385 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7334) is repealed.
SEC. 2421. Repeal of study of land use for expiring contracts and extension of authority.
Section 1437 of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101–624) is repealed.
SEC. 2422. Repeal of Integrated Farm Management Program Option.
Section 1451 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5822) is repealed.
SEC. 2423. Repeal of clarification of definition of agricultural lands.
Section 325 of the Federal Agriculture Improvement and Reform Act of 1996 (Public Law 104–127; 110 Stat. 992) is repealed.
SEC. 2424. Resource conservation and development program.
Section 1537 of the Agriculture and Food Act of 1981 (16 U.S.C. 3460) is amended to read as follows:
SEC. 2425. Wildlife management.
(a) In general.—The Secretary and the Secretary of the Interior shall continue to carry out the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of this Act, in accordance with—
(1) the document entitled “Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service”, numbered A-3A75-16-937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and
(b) Expansion of model.—The Secretary and the Secretary of the Interior may expand the conservation model described in subsection (a) through a new partnership agreement between the Farm Service Agency and the United States Fish and Wildlife Service for the purpose of carrying out conservation activities for species conservation.
(c) Extension of period of regulatory predictability.—
(1) DEFINITION OF PERIOD OF REGULATORY PREDICTABILITY.—In this subsection, the term “period of regulatory predictability” means the period of regulatory predictability under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) initially determined in accordance with the document and order described in paragraphs (1) and (2), respectively, of subsection (a).
(2) EXTENSION.—After the period of regulatory predictability, on request of the Secretary, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, may provide additional consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), or additional conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, with the Chief of the Natural Resources Conservation Service or the Administrator of the Farm Service Agency, as applicable, to extend the period of regulatory predictability.
(d) Regulatory certainty.—Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) is amended by adding at the end the following:
“(n) Regulatory certainty.—
“(1) IN GENERAL.—In addition to technical and programmatic information that the Secretary is otherwise authorized to provide, on request of a Federal agency, a State, an Indian tribe, or a unit of local government, the Secretary may provide technical and programmatic information—
“(A) subject to paragraph (2), to the Federal agency, State, Indian tribe, or unit of local government to support specifically the development of mechanisms that would provide regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances to a farmer, rancher, or private nonindustrial forest landowner under a regulatory requirement—
“(B) relating to conservation practices or activities that could be implemented by a farmer, rancher, or private nonindustrial forest landowner to address a targeted soil, water, or wildlife resource concern that is the direct subject of a regulatory requirement enforced by that Federal agency, State, Indian tribe, or unit of local government, as applicable.
“(2) MECHANISMS.—The Secretary shall only provide additional technical and programmatic information under paragraph (1) if the mechanisms to be developed by the Federal agency, State, Indian tribe, or unit of local government, as applicable, under paragraph (1)(A) are anticipated to include, at a minimum—
“(A) the implementation of 1 or more conservation practices or activities that effectively addresses the soil, water, or wildlife resource concern identified under paragraph (1);
“(B) the on-site confirmation that the applicable conservation practices or activities identified under subparagraph (A) have been implemented;
“(3) CONTINUING CURRENT COLLABORATION ON SOIL, WATER, OR WILDLIFE CONSERVATION PRACTICES.—The Secretary shall—
“(A) continue collaboration with Federal agencies, States, Indian tribes, or local units of government on existing regulatory certainty, regulatory predictability, safe harbor protection, or other similar regulatory assurances in accordance with paragraph (2); and
“(B) continue collaboration with the Secretary of the Interior on consultation under section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or conference under section 7(a)(4) of that Act (16 U.S.C. 1536(a)(4)), as applicable, for wildlife conservation efforts, including the Working Lands for Wildlife model of conservation on working landscapes, as implemented on the day before the date of enactment of the Agriculture Improvement Act of 2018, in accordance with—
“(i) the document entitled ‘Partnership Agreement Between the United States Department of Agriculture Natural Resources Conservation Service and the United States Department of the Interior Fish and Wildlife Service’, numbered A-3A75-16-937, and formalized by the Chief of the Natural Resources Conservation Service on September 15, 2016, and by the Director of the United States Fish and Wildlife Service on August 4, 2016, as in effect on September 15, 2016; and
“(4) SAVINGS CLAUSE.—Nothing in this subsection—
“(A) preempts, displaces, or supplants any authority or right of a Federal agency, a State, an Indian tribe, or a unit of local government;
“(C) applies to a case in which the Department of Agriculture is the originating agency requesting a consultation or other technical and programmatic information or assistance from another Federal agency in assisting farmers, ranchers, or nonindustrial private forest landowners participating in a conservation program administered by the Secretary.”.
SEC. 2426. Healthy forests reserve program.
(a) Purposes.—Section 501(a) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended—
(b) Eligibility.—Section 502 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking “private land” and all that follows through “which will” and inserting “private land, including private forest land or land being restored to forest, the enrollment of which will maintain,”; and
(c) Restoration plans.—Section 503(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately;
(2) by striking the subsection designation and all that follows through “restoration practices” and inserting the following:
“(b) Practices and measures.—
“(1) DEFINITION OF PRACTICES AND MEASURES.—In this subsection, the term ‘practices and measures’ includes land management practices, vegetative treatments, structural practices and measures, practices to improve biological diversity, practices to increase carbon sequestration, and other appropriate activities, as determined by the Secretary.
SEC. 2427. Watershed protection.
(a) Watershed areas.—Section 2 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1002) is amended in the undesignated matter following paragraph (3) by inserting “(except in cases in which the Secretary determines that the undertaking is necessary in a larger watershed or subwatershed in order to address regional drought concerns)” after “fifty thousand acres”.
(b) Authority of the Secretary.—Section 3 of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1003) is amended—
SEC. 2428. Sense of Congress relating to increased watershed-based collaboration.
It is the sense of Congress that the Federal Government should recognize and encourage partnerships at the watershed level between nonpoint sources and regulated point sources to advance the goals of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) and provide benefits to farmers, landowners, and the public.
SEC. 2429. Modifications to conservation easement programs.
Title XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) is amended by inserting after subtitle E the following:
“SEC. 1251. Modifications to conservation easement programs.
“(a) Definition of covered program.—In this section, the term ‘covered program’ means—
“(5) the healthy forests reserve program established under section 501 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571); or
“(b) Modifications.—Notwithstanding any other provision of law applicable to a covered program, subject to subsection (c), the Secretary shall—
“(1) allow land enrolled in a covered program to be—
“(c) Requirements.—
“(1) NO EFFECT ON ENROLLED ACREAGE, ECOLOGICAL FUNCTIONS AND VALUES.—A modification or exchange under subsection (b) shall not—
“(d) Costs.—A party to an agreement, a contract, or an easement under a covered program that requests a modification or exchange under subsection (b) shall be responsible for all costs of the modification or exchange, including—
“(1) an appraisal to determine whether the economic value of the land for which an exchange is made under subsection (b) is equal to or greater than the value of the land removed from the covered program;
“(2) the repayment of the costs paid by the Secretary for any restoration of land removed from the covered program;
“(3) if applicable, a survey of property boundaries, including review and approval by the applicable agency;
(a) In general.—Section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 3841(a)) is amended—
(1) in the matter preceding paragraph (1), by striking “2018 (and fiscal year 2019 in the case of the program specified in paragraph (5))” and inserting “2023”;
(2) in paragraph (1)—
(A) in subparagraph (A), by striking “$10,000,000 for the period of fiscal years 2014 through 2018” and inserting “$11,000,000 for the period of fiscal years 2019 through 2023”; and
(b) Availability of funds.—Section 1241(b) of the Food Security Act of 1985 (16 U.S.C. 3841(b)) is amended by striking “2018 (and fiscal year 2019 in the case of the program specified in subsection (a)(5))” and inserting “2023”.
(c) Allocations review and update.—Section 1241(g) of the Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended by striking “Review and Update” in the subsection heading and all that follows through “The Secretary” in paragraph (2) and inserting “Update.—The Secretary”.
(d) Assistance to certain farmers or ranchers for conservation access.—Section 1241(h)(1) of the Food Security Act of 1985 (16 U.S.C. 3841(h)(1)) is amended—
(e) Conservation standards and requirements.—Section 1241 of the Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the end the following:
“(j) Conservation standards and requirements.—
“(1) IN GENERAL.—Subject to the requirements of this title, the Natural Resources Conservation Service shall serve as the lead agency in developing and establishing technical standards and requirements for conservation programs carried out under this title, including—
“(2) CONSISTENCY OF FARM SERVICE AGENCY STANDARDS.—The Administrator of the Farm Service Agency shall ensure that the standards and requirements of programs administered by the Farm Service Agency incorporate and are consistent with the standards and requirements established by the Natural Resources Conservation Service under paragraph (1).
“(3) LOCAL FLEXIBILITY.—The Secretary shall establish a procedure to allow, on request of a State committee of the Farm Service Agency or a State technical committee established under section 1261(a) to modify any standard or requirement established under paragraph (1), that modification if the modification—
SEC. 2502. Delivery of technical assistance.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended—
(1) in subsection (a)—
(A) by striking the subsection designation and heading and all that follows through “the term” and inserting the following:
(B) by adding at the end the following:
“(2) THIRD-PARTY PROVIDER.—The term ‘third-party provider’ means a commercial entity (including a farmer cooperative, agriculture retailer, or other commercial entity, as determined by the Secretary), a nonprofit entity, a State, a unit of local government (including a conservation district), or a Federal agency, that has expertise in the technical aspect of conservation planning, including nutrient management planning, watershed planning, or environmental engineering.”;
(2) in subsection (e), by adding at the end the following:
“(4) CERTIFICATION PROCESS.—The Secretary shall certify a third-party provider through—
“(5) STREAMLINED CERTIFICATION.—The Secretary shall provide a streamlined certification process for a third-party provider that has an appropriate specialty certification, including a sustainability specialty certification and a 4R nutrient management specialty certification from the American Society of Agronomy.”; and
(3) in subsection (h)—
(A) by striking paragraph (3) and inserting the following:
“(3) EXPEDITED REVISION OF STANDARDS.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall develop an administrative process for—
SEC. 2503. Administrative requirements for conservation programs.
(a) Incentives for acequias.—Section 1244(a) of the Food Security Act of 1985 (16 U.S.C. 3844(a)) is amended—
(b) Acreage limitations.—Section 1244(f) of the Food Security Act of 1985 (16 U.S.C. 3844(f)) is amended—
(c) Funding for Indian Tribes.—Section 1244(l) of the Food Security Act of 1985 (16 U.S.C. 3844(l)) is amended by striking “may” and inserting “shall”.
(d) Exemption from certain reporting requirements.—Section 1244(m) of the Food Security Act of 1985 (16 U.S.C. 3844(m)) is amended—
(e) Source water protection.—Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by section 2425(d)) is amended by adding at the end the following:
“(o) Source water protection.—
“(1) IN GENERAL.—In carrying out the conservation stewardship program under subchapter B of chapter 2 of subtitle D and the environmental quality incentives program under chapter 4 of subtitle D, the Secretary shall encourage water quality and water quantity practices that—
“(2) COLLABORATION AND PAYMENTS.—In encouraging practices under paragraph (1), the Secretary shall—
(f) Payments made to acequias.—Section 1244 of the Food Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (e)) is amended by adding at the end the following:
“(p) Payments made to acequias.—
“(1) WAIVER AUTHORITY.—The Secretary may waive the applicability of the limitations in section 1001D(b) or section 1240G for a payment made under a contract under this title entered into with an acequia if the Secretary determines that the waiver is necessary to fulfill the objectives of the project under the contract.
SEC. 2504. Definition of acequia.
(a) In general.—Section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)) is amended—
(b) Conforming amendments.—Section 363 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2006e) is amended—
(2) by striking “(16 U.S.C. 3801(a)(16))” and inserting “(16 U.S.C. 3801(a))”.
SEC. 2505. Authorization of appropriations for water bank program.
Section 11 of the Water Bank Act (16 U.S.C. 1310) is amended—
SEC. 2506. Report on land access, tenure, and transition.
Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, in consultation with the Chief Economist, shall submit to Congress and make publicly available a report identifying—
(1) the barriers that prevent or hinder the ability of beginning farmers and ranchers and historically underserved producers to acquire or access farmland;
(2) the extent to which Federal programs, including agricultural conservation easement programs, land transition programs, and financing programs, are improving—
SEC. 2508. State technical committees.
Section 1262(c) of the Food Security Act of 1985 (16 U.S.C. 3862(c)) is amended by adding at the end the following:
“(3) RECOMMENDATIONS TO SECRETARY.—Each State technical committee shall regularly review new and innovative technologies and practices, including processes to conserve water and improve water quality and quantity, and make recommendations to the Secretary for further consideration of and possible development of conservation practice standards that incorporate those technologies and practices.”.
SEC. 2601. Farmable wetland program.
Section 1231B(b)(2)(A)(i) of the Food Security Act of 1985 (16 U.S.C. 3831b(b)(2)(A)(i)) is amended by adding a semicolon at the end.
SEC. 2602. Report on program enrollments and assistance.
Section 1241(i) of the Food Security Act of 1985 (16 U.S.C. 3841(i)) is amended—
SEC. 2603. Delivery of technical assistance.
Section 1242 of the Food Security Act of 1985 (16 U.S.C. 3842) is amended in subsections (e)(3)(B) and (f)(4) by striking “third party” each place it appears and inserting “third-party”.
SEC. 2604. State technical committees.
Section 1261(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3861(b)(2)) is amended by striking “under section 1262(b)”.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3)) is amended by striking “2014 through 2018” and inserting “2019 through 2023”.
SEC. 3102. Generation and use of currencies by private voluntary organizations and cooperatives.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended by striking subsection (b) and inserting the following:
“(b) Local Sales.—In carrying out agreements of the type referred to in subsection (a), the Administrator may permit private voluntary organizations and cooperatives to sell, in 1 or more recipient countries, or in 1 or more countries in the same region, commodities distributed under nonemergency programs under this title for each fiscal year to generate proceeds to be used as provided in this section.”.
SEC. 3103. Minimum levels of assistance.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended in paragraphs (1) and (2) by striking “2018” each place it appears and inserting “2023”.
SEC. 3104. Food Aid Consultative Group.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended—
SEC. 3105. Oversight, monitoring, and evaluation.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4)) is amended—
SEC. 3106. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods.
Section 208(f) of the Food for Peace Act (7 U.S.C. 1726b(f)) is amended by striking “2018” and inserting “2023”.
SEC. 3107. Allowance of distribution costs.
Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6)) is amended by striking “distribution costs” and inserting “distribution costs, including the types of activities for which costs were paid under this subsection prior to fiscal year 2017”.
SEC. 3108. Prepositioning of agricultural commodities.
Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C. 1736a(c)(4)(A)) is amended by striking “2018” each place it appears and inserting “2023”.
SEC. 3109. Annual report regarding food aid programs and activities.
Section 407(f)(1)(A) of the Food for Peace Act (7 U.S.C. 1736a(f)(1)(A)) is amended—
SEC. 3110. Deadline for agreements to finance sales or to provide other assistance.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking “2018” and inserting “2023”.
SEC. 3111. Nonemergency food assistance.
Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is amended—
(4) by adding at the end the following:
“(3) FARMER-TO-FARMER PROGRAM.—In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraphs (1) and (2), amounts expended for that year to carry out programs under section 501 may be considered amounts expended for those nonemergency food assistance programs.
“(4) COMMUNITY DEVELOPMENT FUNDS.—In determining the amount expended for a fiscal year for nonemergency food assistance programs under paragraphs (1) and (2), amounts expended for that year from funds appropriated to carry out part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be considered amounts expended for those nonemergency food assistance programs if the funds are made available through grants or cooperative agreements that—
SEC. 3112. Micronutrient fortification programs.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking “2018” and inserting “2023”.
SEC. 3113. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by inserting “section 1342 of title 31, United States Code, or” after “Notwithstanding”; and
(B) in paragraph (2), in the matter preceding subparagraph (A), by inserting “employees or staff of a State cooperative institution (as defined in subparagraphs (A) through (D) of section 1404(18) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(18)),” after “private corporations,”;
SEC. 3201. Priority trade promotion, development, and assistance.
(a) In general.—Title II of the Agricultural Trade Act of 1978 (7 U.S.C. 5621 et seq.) is amended by adding at the end the following:
“The Secretary shall carry out activities under this subtitle—
“SEC. 222. Market access program.
“(a) In general.—The Commodity Credit Corporation shall establish and carry out a program to encourage the development, maintenance, and expansion of commercial export markets for agricultural commodities (including commodities that are organically produced (as defined in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502))) through cost-share assistance to eligible trade organizations that implement a foreign market development program.
“(b) Type of assistance.—Assistance under this section may be provided in the form of funds of, or commodities owned by, the Commodity Credit Corporation, as determined appropriate by the Secretary.
“(c) Requirements for participation.—To be eligible for cost-share assistance under this section, an organization shall—
“(d) Eligible trade organizations.—An eligible trade organization shall be—
“(e) Approved marketing plan.—
“(1) IN GENERAL.—A marketing plan submitted by an eligible trade organization under this section shall describe the advertising or other market oriented export promotion activities to be carried out by the eligible trade organization with respect to which assistance under this section is being requested.
“(2) REQUIREMENTS.—To be approved by the Secretary, a marketing plan submitted under this subsection shall—
“(f) Other terms and conditions.—
“(1) MULTIYEAR BASIS.—The Secretary may provide assistance under this section on a multiyear basis, subject to annual review by the Secretary for compliance with the approved marketing plan.
“(2) TERMINATION OF ASSISTANCE.—The Secretary may terminate any assistance made, or to be made, available under this section if the Secretary determines that—
“(A) the eligible trade organization is not adhering to the terms and conditions of the program established under this section;
“(B) the eligible trade organization is not implementing the approved marketing plan or is not adequately meeting the established goals of the market access program;
“(3) MONITORING AND EVALUATIONS.—
“(A) MONITORING.—The Secretary shall monitor the expenditure of funds received under this section by recipients of those funds.
“(B) EVALUATIONS.—The Secretary shall make evaluations of the expenditure of funds received under this section, including—
“(i) an evaluation of the effectiveness of the program in developing or maintaining markets for United States agricultural commodities;
“(4) USE OF FUNDS.—Funds made available to carry out this section—
“(A) shall not be used to provide direct assistance to any foreign for-profit corporation for the use of the corporation in promoting foreign-produced products;
“(B) shall not be used to provide direct assistance to any for-profit corporation that is not recognized as a small-business concern described in section 3(a) of the Small Business Act (15 U.S.C. 632(a)), excluding—
“(ii) an association described in the first section of the Act entitled ‘An Act to authorize association of producers of agricultural products’, approved February 18, 1922 (7 U.S.C. 291); and
“(C) may be used by a United States trade association, cooperative, or small business for individual branded promotional activity related to a United States branded product, if the beneficiaries of the activity have provided funds for the activity in an amount that is at least equivalent to the amount of assistance provided under this section.
“(g) Level of marketing assistance.—
“(1) IN GENERAL.—The Secretary shall justify in writing the level of assistance provided to an eligible trade organization under the program under this section and the level of cost-sharing required of the organization.
“(2) LIMITATION.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), assistance provided under this section for activities described in subsection (e)(4) shall not exceed 50 percent of the cost of implementing the marketing plan.
“(B) ACTION BY UNITED STATES TRADE REPRESENTATIVE.—
“(i) IN GENERAL.—The Secretary may determine not to apply the limitation described in subparagraph (A) in the case of agricultural commodities with respect to which there has been a favorable decision by the United States Trade Representative under section 301 of the Trade Act of 1974 (19 U.S.C. 2411).
“SEC. 223. Foreign market development cooperator program.
“(a) Definition of eligible trade organization.—In this section, the term ‘eligible trade organization’ means a United States trade organization that—
“(b) Establishment.—The Secretary shall establish and, in cooperation with eligible trade organizations, carry out a foreign market development cooperator program to maintain and develop foreign markets for United States agricultural commodities, with a continued significant emphasis on the importance of the export of value-added United States agricultural commodities into emerging markets.
“SEC. 224. E (Kika) de la Garza Agricultural Fellowship Program.
“(a) Definition of emerging market.—In this section, the term ‘emerging market’ means any country, foreign territory, customs union, or other economic market that the Secretary determines—
“(b) Establishment.—The Secretary shall establish a program, to be known as the ‘E (Kika) de la Garza Agricultural Fellowship Program’—
“(c) Development of agricultural systems.—
“(1) IN GENERAL.—
“(A) ESTABLISHMENT OF PROGRAM.—To develop, maintain, or expand markets for exports of United States agricultural commodities, the Secretary shall make available to emerging markets the expertise of the United States—
“(2) EXPERTS FROM THE UNITED STATES.—The Secretary may implement paragraph (1) by providing—
“(A) assistance to teams (consisting primarily of agricultural consultants, agricultural producers, other persons from the private sector, and government officials expert in assessing the food and rural business systems of other countries) to enable those teams to conduct the assessments, make the recommendations, and identify the opportunities and projects described in paragraph (1)(A) in emerging markets;
“(B) necessary subsistence expenses in the United States and necessary transportation expenses by individuals designated by emerging markets to enable those individuals to consult with food and rural business system experts in the United States to enhance those systems of those emerging markets;
“(C) necessary subsistence expenses in emerging markets and necessary transportation expenses of United States food and rural business system experts, agricultural producers, and other individuals knowledgeable in agricultural and agribusiness matters to assist in transferring knowledge and expertise to entities in emerging markets; and
“(D) necessary subsistence expenses and necessary transportation expenses of United States food and rural business system experts, including United States agricultural producers and other United States individuals knowledgeable in agriculture and agribusiness matters, and of individuals designated by emerging markets, to enable those designated individuals to consult with those United States experts—
“(3) COST-SHARING.—The Secretary shall encourage the nongovernmental experts described in paragraph (2) to share the costs of, and otherwise assist in, the participation of those experts in the program under this subsection.
“(4) TECHNICAL ASSISTANCE.—The Secretary is authorized to provide, or pay the necessary costs for, technical assistance (including the establishment of extension services) to enable individuals or other entities to carry out recommendations, projects, and opportunities in emerging markets, including recommendations, projects, and opportunities described in clauses (ii) and (iii) of paragraph (1)(A).
“(5) REPORTS TO SECRETARY.—A team that receives assistance under paragraph (2)(A) shall prepare and submit to the Secretary such reports as the Secretary may require.
“SEC. 225. Technical assistance for specialty crops.
“(a) Establishment.—The Secretary of Agriculture shall establish an export assistance program (referred to in this section as the ‘program’) to address existing or potential unique barriers that prohibit or threaten the export of United States specialty crops.
“(b) Purpose.—The program shall provide direct assistance through public and private sector projects and technical assistance, including through the program under section 2(e) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(e)), to remove, resolve, or mitigate existing or potential sanitary and phytosanitary and technical barriers to trade.
“(c) Priority.—The program shall address time sensitive and strategic market access projects based on—
“(d) Multiyear projects.—The Secretary may provide assistance under the program to a project for longer than a 5-year period if the Secretary determines that further assistance would effectively support the purpose of the program described in subsection (b).
“SEC. 226. Funding and administration.
“(a) Commodity Credit Corporation.—The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this subtitle.
“(b) Funding amount.—For each of fiscal years 2019 through 2023, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, the Secretary shall use to carry out this subtitle $259,500,000, to remain available until expended.
“(c) Allocation.—For each of fiscal years 2019 through 2023, the Secretary shall allocate funds to carry out this subtitle in accordance with the following:
“(1) MARKET ACCESS PROGRAM.—For market access activities authorized under section 222, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $200,000,000 for each fiscal year.
“(2) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—To carry out section 223, of the funds of, or an equal value of commodities owned by, the Commodity Credit Corporation, not less than $34,500,000 for each fiscal year.
“(3) E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP PROGRAM.—To provide assistance under section 224, of the funds of the Commodity Credit Corporation, not more than $10,000,000 for each fiscal year.
“(4) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—To carry out section 225, of the funds of the Commodity Credit Corporation, not less than $9,000,000 for each fiscal year, to remain available until expended.
“(5) PRIORITY TRADE FUND.—In addition to the amounts allocated under paragraphs (1) through (4), and notwithstanding any limitations in those paragraphs, as determined by the Secretary, for 1 or more programs under this subtitle for authorized activities to access, develop, maintain, and expand markets for United States agricultural commodities, $6,000,000 for each fiscal year.
“(d) Cuba.—Notwithstanding section 908 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7207) or any other provision of law, funds made available under this section may be used to carry out the programs authorized under sections 222 and 223 in Cuba.
(b) Conforming amendments.—
(1) MARKET ACCESS PROGRAM.—
(A) Section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623) is repealed.
(B) Section 211 of the Agricultural Trade Act of 1978 (7 U.S.C. 5641) is amended by striking subsection (c).
(C) Section 402(a)(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5662(a)(1)) is amended by striking “203” and inserting “222”.
(D) Section 282(f)(2)(C) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking “section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “section 222 of the Agricultural Trade Act of 1978”.
(E) Section 718 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (7 U.S.C. 5623 note; Public Law 105–277) is amended by striking “section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “section 222 of the Agricultural Trade Act of 1978”.
(F) Section 1302(b) of the Agricultural Reconciliation Act of 1993 (7 U.S.C. 5623 note; Public Law 103–66) is amended—
(i) in the matter preceding paragraph (1), by striking “section 203 of the Agricultural Trade Act of 1978 (7 U.S.C. 5623)” and inserting “section 222 of the Agricultural Trade Act of 1978”; and
(2) FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.—Title VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et seq.) is repealed.
(3) E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP PROGRAM.—
(A) Section 1542 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101–624) is amended—
(B) Section 1543(b)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is amended by striking “section 1542(f)” and inserting “section 1542(e)”.
(C) Section 1543A(c)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is amended by inserting “and section 224 of the Agricultural Trade Act of 1978” after “section 1542”.
(4) TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.—Section 3205 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680) is repealed.
SEC. 3301. Food for Progress Act of 1985.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended—
(2) in subsection (b)—
(A) in paragraph (5)—
(iii) by adding at the end the following:
“(G) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).”; and
(3) in subsection (c)—
(7) in subsection (l)—
(A) by striking the subsection designation and heading and all that follows through “(1) To enhance” and inserting the following:
(8) in subsection (m), in the subsection heading, by striking “Presidential” and inserting “Secretarial”;
(9) in subsection (n)—
(A) in paragraph (1)—
(B) by striking paragraph (2) and inserting the following:
“(2) REQUIREMENTS.—
“(A) IN GENERAL.—Not later than 270 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall issue regulations and revisions to agency guidance and procedures necessary to implement the amendments made to this section by that Act.
“(B) CONSULTATIONS.—Not later than 270 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall consult with the Committee on Agriculture and the Committee on Foreign Affairs of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate relating to regulations issued and agency guidance and procedures revised under subparagraph (A).”; and
SEC. 3302. Bill Emerson Humanitarian Trust Act.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f–1) is amended—
SEC. 3303. Promotion of agricultural exports to emerging markets.
Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101–624) is amended by striking “2018” and inserting “2023”.
SEC. 3304. Cochran emerging market fellowship program.
Section 1543 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3293) is amended—
(1) in subsection (c)—
(A) in paragraph (1), by inserting “(which may include agricultural extension services)” after “systems”; and
SEC. 3305. Borlaug International Agricultural Science and Technology Fellowship Program.
Section 1473G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended—
(2) in subsection (f)—
(B) by adding at the end the following:
“(2) LEVERAGING ALUMNI ENGAGEMENT.—In carrying out the purposes and programs under this section, the Secretary shall encourage ongoing engagement with fellowship recipients who have completed training under the program to provide advice regarding, and participate in, new or ongoing agricultural development projects, with a priority for capacity-building projects, that are sponsored by—
SEC. 3306. International food security technical assistance.
The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1543A (7 U.S.C. 5679) the following:
“SEC. 1543B. International food security technical assistance.
“(a) Definition of international food security.—In this section, the term ‘international food security’ means access by any person at any time to food and nutrition that is sufficient for a healthy and productive life.
“(b) Collection of information.—The Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall compile information from appropriate mission areas of the Department of Agriculture (including the Food, Nutrition, and Consumer Services mission area) relating to the improvement of international food security.
“(c) Public availability.—To benefit programs for the improvement of international food security, the Secretary shall organize the information described in subsection (b) and make the information available in a format suitable for—
“(d) Technical assistance.—On request by an entity described in subsection (c)(2), the Secretary may provide technical assistance to the entity to implement a program for the improvement of international food security.
SEC. 3307. McGovern-Dole International Food for Education and Child Nutrition Program.
Section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1) is amended—
(1) in subsection (a)—
(B) in paragraph (1) (as so designated), by striking the period at the end and inserting “; or”; and
SEC. 3308. Global Crop Diversity Trust.
Section 3202(c) of the Food, Conservation, and Energy Act of 2008 (22 U.S.C. 2220a note; Public Law 110–246) is amended by striking “2014 through 2018” and inserting “2019 through 2023”.
SEC. 3309. Local and regional food aid procurement projects.
Section 3206(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended—
SEC. 3310. Foreign trade missions.
(a) Tribal representation on trade missions.—
(1) IN GENERAL.—The Secretary, in consultation with the Tribal Advisory Committee established under subsection (b)(2) of section 309 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) (as added by section 12304(2)) (referred to in this section as the “Advisory Committee”), shall seek—
(b) Report; goals.—
(1) REPORT.—Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report describing the efforts of the Department of Agriculture and other Federal agencies under this section to—
(2) GOALS.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish goals for measuring, in an objective and quantifiable format, the extent to which Indian Tribes and Tribal agricultural and food products are included in the trade-related activities of the Department of Agriculture.
SEC. 4101. Definition of certification period.
Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended by striking subsection (f) and inserting the following:
“(f) Certification period.—
“(1) IN GENERAL.—The term ‘certification period’ means the period for which a household shall be eligible to receive benefits.
“(2) TIME LIMITS.—
“(A) IN GENERAL.—Except as provided in subparagraph (C), the certification period shall not exceed 12 months.
“(B) CONTACT.—A State agency shall have at least 1 contact with each certified household every 12 months.
SEC. 4102. Food distribution program on Indian reservations.
(a) In general.—Section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)) is amended—
(1) by striking paragraph (4) and inserting the following:
“(4) ADMINISTRATIVE COSTS.—
“(A) IN GENERAL.—The Secretary shall pay not less than 80 percent of administrative costs and distribution costs on Indian reservations as the Secretary determines necessary for effective administration of such distribution by a State agency or tribal organization.
“(B) WAIVER.—The Secretary shall waive up to 100 percent of the non-Federal share of the costs described in subparagraph (A) if the Secretary determines that—
“(C) LIMITATION.—The Secretary may not reduce any benefits or services under the food distribution program on Indian reservations under this subsection to any tribal organization that is granted a waiver under subparagraph (B).
“(D) TRIBAL CONTRIBUTION.—The Secretary may allow a tribal organization to use funds provided to the tribal organization through a Federal agency or other Federal benefit to satisfy all or part of the non-Federal share of the costs described in subparagraph (A) if that use is otherwise consistent with the purpose of the funds.”;
(b) Demonstration project for tribal organizations.—
(1) DEFINITIONS.—In this subsection:
(A) DEMONSTRATION PROJECT.—The term “demonstration project” means the demonstration project established under paragraph (2).
(B) FOOD DISTRIBUTION PROGRAM.—The term “food distribution program” means the food distribution program on Indian reservations carried out under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
(C) INDIAN RESERVATION.—The term “Indian reservation” has the meaning given the term “reservation” in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(D) INDIAN TRIBE.—The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(E) SELF-DETERMINATION CONTRACT.—The term “self-determination contract” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(F) TRIBAL ORGANIZATION.—The term “tribal organization” has the meaning given the term in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(2) ESTABLISHMENT.—Subject to the availability of appropriations, the Secretary shall establish a demonstration project under which 1 or more tribal organizations may enter into self-determination contracts to purchase agricultural commodities under the food distribution program for the Indian reservation of that tribal organization.
(3) ELIGIBILITY.—
(A) CONSULTATION.—The Secretary shall consult with the Secretary of the Interior and Indian tribes to determine the process and criteria under which a tribal organization may participate in the demonstration project.
(B) CRITERIA.—The Secretary shall select for participation in the demonstration project tribal organizations that—
(i) are successfully administering the food distribution program of the tribal organization under section 4(b)(2)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)(2)(B));
(4) PROCUREMENT OF AGRICULTURAL COMMODITIES.—Any agricultural commodities purchased by a tribal organization under the demonstration project shall—
(B) supplant, not supplement, the type of agricultural commodities in existing food packages for that tribal organization;
(5) REPORT.—Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the activities carried out under the demonstration project during the preceding year.
(c) Conforming amendment.—Section 3(v) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by striking “the Indian Self-Determination Act (25 U.S.C. 450b(b))” and inserting “section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)”.
SEC. 4103. Work requirements for supplemental nutrition assistance program.
(a) Work requirements for able-bodied adults without dependents.—Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended—
(1) in subsection (d)—
(B) by inserting after paragraph (1) (as amended by subparagraph (A)) the following:
“(2) ADDITIONAL WORK REQUIREMENTS.—
“(A) DEFINITION OF WORK PROGRAM.—In this paragraph, the term ‘work program’ means—
“(ii) a program under section 236 of the Trade Act of 1974 (19 U.S.C. 2296);
“(B) WORK REQUIREMENT.—Subject to the other provisions of this paragraph, no individual shall be eligible to participate in the supplemental nutrition assistance program as a member of any household if, during the preceding 36-month period, the individual received supplemental nutrition assistance program benefits for not less than 3 months (consecutive or otherwise) during which the individual did not—
“(ii) participate in and comply with the requirements of a work program for 20 hours or more per week, as determined by the State agency;
“(D) WAIVER.—
“(E) SUBSEQUENT ELIGIBILITY.—
“(i) REGAINING ELIGIBILITY.—An individual denied eligibility under subparagraph (B) shall regain eligibility to participate in the supplemental nutrition assistance program if, during a 30-day period, the individual—
“(ii) MAINTAINING ELIGIBILITY.—An individual who regains eligibility under clause (i) shall remain eligible as long as the individual meets the requirements of clause (i), (ii), or (iii) of subparagraph (B).
“(iii) LOSS OF EMPLOYMENT.—
“(I) IN GENERAL.—An individual who regained eligibility under clause (i) and who no longer meets the requirements of clause (i), (ii), or (iii) of subparagraph (B) shall remain eligible for a consecutive 3-month period, beginning on the date the individual first notifies the State agency that the individual no longer meets the requirements of clause (i), (ii), or (iii) of subparagraph (B).
“(F) 15-PERCENT EXEMPTION.—
“(i) DEFINITIONS.—In this subparagraph:
“(I) CASELOAD.—The term ‘caseload’ means the average monthly number of individuals receiving supplemental nutrition assistance program benefits during the 12-month period ending the preceding June 30.
“(II) COVERED INDIVIDUAL.—The term ‘covered individual’ means a member of a household that receives supplemental nutrition assistance program benefits, or an individual denied eligibility for supplemental nutrition assistance program benefits solely due to subparagraph (B), who—
“(ii) GENERAL RULE.—Subject to clauses (iii) through (vii), a State agency may provide an exemption from the requirements of subparagraph (B) for covered individuals.
“(iii) FISCAL YEAR 1998.—Subject to clauses (v) and (vii), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey.
“(iv) SUBSEQUENT FISCAL YEARS.—Subject to clauses (v) through (vii), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under clause (iii), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of members of households that receive supplemental nutrition assistance program benefits covered by waivers granted under subparagraph (D).
“(v) CASELOAD ADJUSTMENTS.—The Secretary shall adjust the number of individuals estimated for a State under clause (iii) or (iv) during a fiscal year if the number of members of households that receive supplemental nutrition assistance program benefits in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary.
“(vi) EXEMPTION ADJUSTMENTS.—During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this subparagraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this subparagraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this subparagraph.
(b) Employment and training programs that meet State and local workforce needs.—Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended—
(1) in subparagraph (A)—
(A) in clause (i)—
(i) by inserting “, in consultation with the State workforce development board, or, if the State demonstrates that consultation with private employers or employer organizations would be more effective or efficient, in consultation with private employers or employer organizations,” after “designed by the State agency”; and
(2) in subparagraph (B)—
(A) in clause (iv), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately;
(B) by redesignating clauses (i) through (vii) and clause (viii) as subclauses (I) through (VII) and subclause (IX), respectively, and indenting appropriately;
(C) by inserting after subclause (VII) (as so redesignated) the following:
“(VIII) Programs or activities described in subclauses (I) through (XII) of clause (iv) of section 16(h)(1)(F) that the Secretary determines, based on the results of the applicable independent evaluations conducted under clause (vii)(I) of that section, demonstrate are effective at increasing employment or earnings for households participating in a pilot project under that section.”;
(D) in the matter preceding subclause (I) (as so redesignated)—
(E) by adding at the end the following:
“(ii) WORKFORCE PARTNERSHIP.—
“(I) IN GENERAL.—The term ‘workforce partnership’ means a program that—
“(aa) is operated by a private employer, an organization representing private employers, or a nonprofit organization providing services relating to workforce development;
“(bb) the Secretary or the State agency certifies—
“(AA) subject to subparagraph (N)(ii), would assist participants who are members of households participating in the supplemental nutrition assistance program in gaining high-quality, work-relevant skills, training, work, or experience that will increase the ability of the participants to obtain regular employment;
“(BB) subject to subparagraph (N)(ii), would provide participants with not fewer than 20 hours per week of training, work, or experience under subitem (AA);
“(CC) would not use any funds authorized to be appropriated by this Act;
“(DD) would provide sufficient information, on request by the State agency, for the State agency to determine that participants who are members of households participating in the supplemental nutrition assistance program are fulfilling any applicable work requirement under this subsection;
“(EE) would be willing to serve as a reference for participants who are members of households participating in the supplemental nutrition assistance program for future employment or work-related programs; and
“(FF) meets any other criteria established by the Secretary, on the condition that the Secretary shall not establish any additional criteria that would impose significant paperwork burdens on the workforce partnership; and
“(cc) is in compliance with the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), if applicable.
(3) in subparagraph (E)—
(C) adding at the end the following:
“(iii) APPLICATION TO WORKFORCE PARTNERSHIPS.—To the extent that a State agency requires an individual to participate in an employment and training program, the State agency shall consider an individual participating in a workforce partnership to be in compliance with the employment and training requirements.”;
(5) by adding at the end the following:
“(N) WORKFORCE PARTNERSHIPS.—
“(i) IN GENERAL.—A work registrant may participate in a workforce partnership to comply with the requirements of paragraph (1)(A)(ii) and paragraph (2).
“(ii) CERTIFICATION.—In certifying that a program meets the requirements of subitems (AA) and (BB) of subparagraph (B)(ii)(I)(bb) to be certified as a workforce partnership, the Secretary or the State agency shall require that the program submit to the Secretary or State agency sufficient information that describes—
“(iii) SUPPLEMENT, NOT SUPPLANT.—A State agency may use a workforce partnership to supplement, not to supplant, the employment and training program of the State agency.
“(iv) PARTICIPATION.—A State agency may provide information on workforce partnerships, if available, to any member of a household participating in the supplemental nutrition assistance program, but may not require any member of a household to participate in a workforce partnership.
“(v) EFFECT.—
“(vi) LIMITATION ON REPORTING REQUIREMENTS.—In carrying out this subparagraph, the Secretary and each applicable State agency shall limit the reporting requirements of a workforce partnership to—
“(I) on notification that an individual is receiving supplemental nutrition assistance program benefits, notifying the applicable State agency that the individual is participating in the workforce partnership;
“(II) identifying participants who have completed or are no longer participating in the workforce partnership;
“(O) REFERRAL OF CERTAIN INDIVIDUALS.—
“(i) IN GENERAL.—In accordance with such regulations as may be issued by the Secretary, with respect to any individual who is not eligible for an exemption under paragraph (1)(E) and who is determined by an employment and training program component to be ill-suited to participate in the employment and training program component, the State agency shall—
(c) Updating work-related pilot projects.—
(1) IN GENERAL.—Section 16(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended—
(A) in paragraph (1)—
(ii) in subparagraph (E)—
(iii) in subparagraph (F)—
(II) in clause (viii)—
(aa) in subclause (III), by striking “September 30, 2018” and inserting the following: “September 30, 2023, for—
(III) by adding at the end the following:
“(x) AUTHORITY TO CARRY OUT ADDITIONAL PILOT PROJECTS.—
“(I) IN GENERAL.—Subject to the availability of funds under clause (viii), the Secretary may carry out 8 or more additional pilot projects using a competitive grant process.
“(II) REQUIREMENTS.—Except as otherwise provided in this clause, a pilot project under this clause shall meet the criteria described in clauses (i), (ii)(II)(bb), and (iii) through (vi) and items (aa) through (dd) of clause (ii)(III).
“(III) EVALUATION AND REPORTING.—
“(aa) OPTIONAL EVALUATION.—
“(AA) IN GENERAL.—The Secretary shall have the option to conduct an independent longitudinal evaluation of pilot projects carried out under this clause, in accordance with clause (vii)(I).
“(BB) QUALIFYING CRITERIA.—If the Secretary determines to conduct an independent longitudinal evaluation under subitem (AA), to be eligible to participate in a pilot project under this clause, a State agency shall agree to participate in the evaluation described in clause (vii), including providing evidence that the State has a robust data collection system for program administration and is cooperating to make available State data on the employment activities and post-participation employment, earnings, and public benefit receipt of participants to ensure proper and timely evaluation.
“(bb) REPORTING.—If the Secretary determines not to conduct an independent longitudinal evaluation under item (aa), subject to such terms and conditions as the Secretary determines to be appropriate and not less frequently than annually, each State agency participating in a pilot project carried out under this clause shall submit to the Secretary a report that describes the results of the pilot project.
“(IV) VOLUNTARY ACTIVITIES.—Except as provided in subclause (VIII), employment and training activities under a pilot project carried out under this clause shall be voluntary for work registrants.
“(V) ELIGIBILITY.—To be eligible to participate in a pilot project carried out under this clause, a State agency shall commit to maintain at least the amount of State funding for employment and training programs and services under paragraphs (2) and (3) and under section 20 as the State expended for fiscal year 2018.
“(VI) LIMITATION.—In carrying out pilot projects under this clause, the Secretary shall not be subject to the limitation described in clause (viii)(II)(aa).
“(VII) PRIORITY.—In selecting pilot projects under this clause, the Secretary may give priority to pilot projects that—
“(aa) are targeted to—
“(AA) individuals 50 years of age or older;
“(BB) formerly incarcerated individuals;
“(CC) individuals participating in a substance abuse treatment program.
“(DD) homeless individuals;
“(EE) people with disabilities seeking to enter the workforce; or
“(FF) other individuals with substantial barriers to employment; or
“(VIII) PILOT PROJECTS FOR MANDATORY PARTICIPATION IN EMPLOYMENT AND TRAINING ACTIVITIES.—A State agency may be eligible to participate in a pilot project under this clause to test programs that assign work registrants to mandatory participation in employment and training activities, on the conditions that—
(B) in paragraph (5)—
(i) in subparagraph (A)—
(ii) in subparagraph (B)—
(I) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately;
(II) in clause (iv)—
(aa) in the matter preceding subclause (I), by striking “clause (iii)” and inserting “subclause (III)”;
(iii) in subparagraph (C)—
(II) in clause (iv)—
(aa) in the matter preceding subclause (I)—
(AA) by striking “paragraph (1)(E)” and inserting “subparagraph (E) of section 16(h)(1)”; and
(BB) by striking “paragraph (1)” and inserting “that section”;
(III) by redesignating clauses (i), (ii), (iii), and (iv) as subclauses (I), (II), (IV), and (VI), respectively, and indenting appropriately;
(v) in subparagraph (E), by inserting “or that the employment and training program is not adequately meeting State or local workforce needs” after “is inadequate”;
(vi) in subparagraph (F)—
(I) in the matter preceding clause (i), by striking “October 1, 2016” and inserting “October 1, 2020”;
(vii) by redesignating subparagraphs (A) through (F) (as so amended) as clauses (i) through (vi), respectively, and indenting appropriately; and
(viii) by redesignating the paragraph as subparagraph (P), indenting the subparagraph appropriately, and moving the subparagraph so as to appear after subparagraph (O) of section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) (as added by subsection (b)(5)).
(2) RESEARCH, DEMONSTRATION, AND EVALUATIONS.—Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is amended—
(A) in subsection (b)—
(iii) in paragraph (1) (as so designated)—
(I) in subparagraph (D)—
(IV) in subparagraph (B)—
(aa) in clause (i), in the matter preceding subclause (I), by striking “subparagraph (A)” and inserting “paragraph (1)”;
(bb) in clause (ii)—
(AA) in the matter preceding subclause (I), by striking “subparagraph (A)” and inserting “paragraph (1)”; and
(BB) in subclause (IV), by striking “this paragraph” and inserting “this subsection”;
(cc) in clause (iii), in the matter preceding subclause (I), by striking “subparagraph (A)” and inserting “paragraph (1)”;
(dd) in clause (iv)—
(AA) in the matter preceding subclause (I), by striking “subparagraph (A)” and inserting “paragraph (1)”;
(BB) in subclause (I), by striking “the date of enactment of this subparagraph” and inserting “August 22, 1996”;
(CC) in subclause (III)(aa), by striking “3(n)” and inserting “3(q)”;
(DD) in subclause (III)(dd), by striking “(2)(B)” and inserting “(1)(E)(ii)”;
(EE) in subclause (III)(ii), by striking “this paragraph” and inserting “this subsection”; and
(FF) in subclause (IV)(bb), by striking “this subclause” and inserting “this clause”; and
(iv) in paragraph (2) (as so redesignated)—
(I) by redesignating clauses (i) through (vi) as subparagraphs (A) through (F), respectively, and indenting appropriately;
(II) in subparagraph (A) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately;
(III) in subparagraph (B) (as so redesignated), by redesignating subclauses (I) through (IV) as clauses (i) through (iv), respectively, and indenting appropriately;
(IV) in subparagraph (C) (as so redesignated), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately; and
(V) in subparagraph (D) (as so redesignated)—
(aa) by redesignating subclauses (I) through (VII) as clauses (i) through (vii), respectively, and indenting appropriately;
(v) in paragraph (3) (as so redesignated)—
(d) Authorization of appropriations.—Section 18 of the Food and Nutrition Act of 2008 (7 U.S.C. 2027) is amended by adding at the end the following:
(e) Conforming amendments.—
(1) Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking “(d)(2)” and inserting “(d)(1)(E)”.
(2) Section 6(i)(3) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(i)(3)) is amended by striking “(d)” and inserting “(d)(1)”.
(3) Section 7(h)(6) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)(6)) is amended by striking “17(f)” and inserting “17(e)”.
(4) Section 7(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(i)(1)) is amended by striking “6(o)(2)” and inserting “6(d)(2)(B)”.
(5) Section 7(j)(1)(G) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(j)(1)(G)) is amended by striking “17(f)” and inserting “17(e)”.
(6) Section 11(n) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(n)) is amended by striking “17(b)(1)” and inserting “17(b)”.
(7) Section 16(b)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(b)(4)) is amended by striking “section 6(d)” and inserting “section 6(d)(1)”.
(8) Section 20(b)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2029(b)(1)) is amended by striking “clause (B), (C), (D), (E), or (F) of section 6(d)(2)” and inserting “clause (ii), (iii), (iv), (v), or (vi) of section 6(d)(1)(E)”.
(9) Section 103(a)(2)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3113(a)(2)(D)) is amended by striking “section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o))” and inserting “paragraph (2) of section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d))”.
(10) Section 121(b)(2)(B)(iv) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(b)(2)(B)(iv)) is amended by striking “section 6(o) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(o))” and inserting “paragraph (2) of section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d))”.
(11) Section 23(b)(7)(D)(ii) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769d(b)(7)(D)(ii)) is amended by striking “section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B))” and inserting “paragraph (2) of section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b))”.
(12) Section 24(g)(3)(C) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769e(g)(3)(C)) is amended by striking “section 17(b)(1)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B))” and inserting “paragraph (2) of section 17(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b))”.
SEC. 4104. Improvements to electronic benefit transfer system.
(a) Prohibited fees.—Section 7 of the Food and Nutrition Act of 2008 (7 U.S.C. 2016) is amended—
(1) in subsection (f)(2)(C), in the subparagraph heading, by striking “Interchange” and inserting “Prohibited”; and
(2) in subsection (h), by striking paragraph (13) and inserting the following:
“(13) PROHIBITED FEES.—
“(A) DEFINITION OF SWITCHING.—In this paragraph, the term ‘switching’ means the routing of an intrastate or interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an EBT card in 1 State to the issuer of the card in—
“(B) PROHIBITION.—
“(i) INTERCHANGE FEES.—No interchange fee shall apply to an electronic benefit transfer transaction under this subsection.
“(ii) OTHER FEES.—
“(I) IN GENERAL.—No fee charged by a benefit issuer (including any affiliate of a benefit issuer), or by any agent or contractor when acting on behalf of such benefit issuer, to a third party relating to the switching or routing of benefits to the same benefit issuer (including any affiliate of the benefit issuer) shall apply to an electronic benefit transfer transaction under this subsection.
(b) EBT portability.—Section 7(f)(5) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by adding at the end the following:
“(C) OPERATION OF INDIVIDUAL POINT OF SALE DEVICE BY FARMERS' MARKETS AND DIRECT MARKETING FARMERS.—A farmers’ market or direct marketing farmer that is exempt under paragraph (2)(B)(i) shall be allowed to operate an individual electronic benefit transfer point of sale device at more than 1 location under the same supplemental nutrition assistance program authorization, if—
“(i) the farmers’ market or direct marketing farmer provides to the Secretary information on location and hours of operation at each location; and
“(ii) (I) the point of sale device used by the farmers’ market or direct marketing farmer is capable of providing location information of the device through the electronic benefit transfer system; or
“(II) if the Secretary determines that the technology is not available for a point of sale device to meet the requirement under subclause (I), the farmers' market or direct marketing farmer provides to the Secretary any other information, as determined by the Secretary, necessary to ensure the integrity of transactions processed using the point of sale device.”.
(c) Evaluation of State electronic benefit transfer systems.—Section 7(h) of the Food and Nutrition Act of 2008 (7 U.S.C. 2016(h)) is amended by adding at the end the following:
“(15) GAO EVALUATION AND STUDY OF STATE ELECTRONIC BENEFIT TRANSFER SYSTEMS.—
“(A) EVALUATION.—
“(i) IN GENERAL.—Not later than 18 months after the date of enactment of this paragraph, the Comptroller General of the United States (referred to in this paragraph as the ‘Comptroller General’) shall evaluate for each electronic benefit transfer system of a State agency selected in accordance with clause (ii)—
“(I) any type of fee charged—
“(II) in consultation with the Secretary and the retail food stores within the State, any electronic benefit transfer system outages affecting the EBT cards of the State agency;
“(III) in consultation with the Secretary, any type of entity that—
“(aa) provides electronic benefit transfer equipment and related services to the State agency, any benefit issuers of the State agency, or any retail food stores within the State;
“(ii) SELECTION CRITERIA.—The Comptroller General shall select for evaluation under clause (i)—
“(B) STUDY.—Not later than 2 years after the date of enactment of this paragraph, the Comptroller General shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report based on the evaluation carried out under subparagraph (A) that includes—
“(i) a description of the types of entities that—
“(I) provide electronic benefit transfer equipment and related services to State agencies, benefit issuers, and retail food stores;
“(ii) a description of emerging entities, services, and technologies in use with respect to electronic benefit transfer systems of State agencies; and
“(16) REVIEW OF EBT SYSTEMS REQUIREMENTS.—
“(A) REVIEW.—
“(i) IN GENERAL.—Not later than 18 months after the date of enactment of this paragraph, the Secretary shall review for each electronic benefit transfer system of a State agency selected under clause (ii)—
“(ii) SELECTION CRITERIA.—The Secretary shall select for the review under clause (i) not fewer than 5 electronic benefit transfer systems of State agencies, of which—
“(B) REGULATIONS AND GUIDANCE.—Based on the study conducted by the Comptroller General of the United States under paragraph (15)(B) and the review conducted by the Secretary under subparagraph (A), the Secretary shall promulgate such regulations or issue such guidance as the Secretary determines appropriate—
“(iii) to update procedures to handle electronic benefit transfer system outages that minimize disruption to participating households and retail food stores while protecting against fraud and abuse;
“(iv) to develop cost-effective customer service standards for benefit issuers, including benefit issuer call centers or other customer service options equivalent to call centers, that would ensure adequate customer service for participating households;
“(v) to address the use of third-party applications that access electronic benefit transfer systems to provide electronic benefit transfer account information to participating households, including by establishing safeguards consistent with sections 9(c) and 11(e)(8) to protect the privacy of data relating to participating households and approved retail food stores; and
“(C) REPORT.—Not later than 2 years after the date of enactment of this paragraph, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of the effects, if any, on an electronic benefit transfer system of a State agency from the use of third-party applications that access the electronic benefit transfer system to provide electronic benefit transfer account information to participating households.”.
(d) Approval of retail food stores.—Section 9 of the Food and Nutrition Act (7 U.S.C. 2018) is amended—
(1) in subsection (a)(1)—
(C) in the second sentence—
(i) by striking “food; and (D) the” and inserting the following: “food;
(2) in subsection (a), by adding at the end the following:
“(4) ELECTRONIC BENEFIT TRANSFER EQUIPMENT AND SERVICE PROVIDERS.—Before implementing clause (iv) of paragraph (1)(B), the Secretary shall issue guidance for retail food stores on how to select electronic benefit transfer equipment and service providers that are able to meet the requirements of that clause.”; and
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) is amended by adding at the end the following:
“(i) Incentives.—
“(1) DEFINITION OF ELIGIBLE INCENTIVE FOOD.—In this subsection, the term ‘eligible incentive food’ means food that is—
“(A) identified for increased consumption by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); and
“(2) REGULATIONS.—
“(A) IN GENERAL.—The Secretary shall promulgate regulations to clarify the process by which an approved retail food store may seek a waiver to offer an incentive that may be used only for the purchase of eligible incentive food at the point of purchase to a household purchasing food with benefits issued under this Act.
“(3) NO LIMITATION ON BENEFITS.—A waiver granted under this subsection shall not be used to carry out any activity that limits the use of benefits under this Act or any other Federal nutrition law.
“(4) EFFECT.—Regulations promulgated under this subsection shall not affect any requirements under section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) or section 4304 of the Agriculture Improvement Act of 2018, including the eligibility of a retail food store to participate in a project funded under those sections.
SEC. 4106. Required action on data match information.
Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(e)) is amended—
(3) by adding at the end the following:
“(26) that for a household participating in the supplemental nutrition assistance program, the State agency shall pursue clarification and verification, if applicable, of information relating to the circumstances of the household received from data matches for the purpose of ensuring an accurate eligibility and benefit determination, only if the information—
SEC. 4107. Income verification.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by section 4103(c)(2)(C)) is amended by adding at the end the following:
“(l) Pilot projects for improving earned income verification.—
“(1) IN GENERAL.—Under such terms and conditions as the Secretary considers to be appropriate, the Secretary shall establish a pilot program (referred to in this subsection as the ‘pilot program’) under which not more than 8 States may carry out pilot projects to test strategies to improve the accuracy or efficiency of the process for verification of earned income at certification and recertification of applicant households for the supplemental nutrition assistance program.
“(2) CONTRACT OPTIONS.—
“(A) IN GENERAL.—In carrying out the pilot program, prior to soliciting applications for pilot projects from State agencies, the Secretary shall—
“(i) assess the availability of up-to-date earned income information from different commercial data service providers; and
“(ii) make a determination regarding the overall cost-effectiveness to the Department of Agriculture and the State agencies administering the supplemental nutrition assistance program of—
“(I) the Secretary entering into a contract with a commercial data service provider to provide to State agencies carrying out pilot projects up-to-date earned income information for verification of the earned income at certification and recertification of applicant households for the supplemental nutrition assistance program;
“(II) the Secretary entering into an agreement with the Secretary of Health and Human Services to allow State agencies carrying out pilot projects to verify earned income information at certification and recertification of applicant households for the supplemental nutrition assistance program in the State using up-to-date earned income information from a commercial data service provider under the electronic interface developed by the State and used by the State Medicaid agency to verify income eligibility for the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); or
“(III) a State agency carrying out a pilot project entering into a contract with a commercial data service provider to obtain up-to-date earned income information to verify the earned income at certification and recertification of applicant households for the supplemental nutrition assistance program in the State.
“(B) AUTHORITY TO ENTER INTO CONTRACTS.—If determined appropriate by the Secretary, the Secretary may, based on the cost-effectiveness determination described in subparagraph (A)(ii)—
“(C) REPORT.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the assessment and determination under subparagraph (A).
“(3) PILOT PROJECTS.—
“(A) APPLICATION.—A State agency seeking to carry out a pilot project under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—
“(i) an identification of the 1 or more proposed changes to the process for verifying earned income used by the State agency;
“(B) SELECTION CRITERIA.—The Secretary shall select to carry out pilot projects State agencies that, as determined by the Secretary—
“(i) do not have access to up-to-date earned income information for the verification of earned income at certification and recertification of applicant households for the supplemental nutrition assistance program in the State;
“(ii) would be able to access and use, for the verification of earned income at certification and recertification of applicant households for the supplemental nutrition assistance program in the State, up-to-date earned income information used to determine eligibility for another Federal assistance program; or
“(5) EFFECT ON OTHER REQUIREMENTS.—A pilot project carried out under this subsection shall not alter the eligibility requirements under section 5 or the reporting requirements under section 6(c).
“(6) REPORT.—Not later than 180 days after the date on which the pilot program terminates under paragraph (8), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the pilot projects carried out under the pilot program.
SEC. 4108. Pilot projects to improve healthy dietary patterns related to fluid milk in the supplemental nutrition assistance program.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) (as amended by section 4107) is amended by adding at the end the following:
“(m) Pilot projects to improve healthy dietary patterns related to fluid milk consumption among participants or households in the supplemental nutrition assistance program that under-consume fluid milk.—
“(1) DEFINITION OF FLUID MILK.—In this subsection, the term ‘fluid milk’ means cow milk, without flavoring or sweeteners, consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), that is packaged in liquid form.
“(2) PILOT PROJECTS.—The Secretary shall carry out, under such terms and conditions as the Secretary considers to be appropriate, pilot projects to develop and test methods that would increase the purchase of fluid milk, in a manner consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341), by individuals or households participating in the supplemental nutrition assistance program that under-consume fluid milk by providing an incentive for the purchase of fluid milk at the point of purchase to a household purchasing food with supplemental nutrition assistance program benefits.
“(3) GRANTS OR COOPERATIVE AGREEMENTS.—
“(A) IN GENERAL.—In carrying out this subsection, the Secretary may enter into competitively awarded cooperative agreements with, or provide grants to, a government agency or nonprofit organization for use in accordance with projects that meet the strategic goals of this subsection, including allowing the government agency or nonprofit organization to award subgrants to retail food stores authorized under this Act.
“(B) APPLICATION.—To be eligible to receive a cooperative agreement or grant under this paragraph, a government agency or nonprofit organization shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(C) SELECTION CRITERIA.—Pilot projects shall be evaluated against publicly disseminated criteria that shall include—
“(i) incorporation of a scientifically based strategy that is designed to improve diet quality through the increased purchase of fluid milk for participants or households in the supplemental nutrition assistance program that under-consume fluid milk;
“(4) PROJECTS.—Pilot projects carried out under paragraph (2) shall include projects to determine whether incentives for the purchase of fluid milk by individuals or households participating in the supplemental nutrition assistance program that under-consume fluid milk result in—
“(B) changes in purchasing and consumption of fluid milk among participating individuals or households; or
“(C) diets more closely aligned with healthy eating patterns consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341).
“(5) EVALUATION AND REPORTING.—
“(A) EVALUATION.—
“(B) REPORTING.—Not later than 90 days after the last day of fiscal year 2019 and each fiscal year thereafter until the completion of the last evaluation under subparagraph (A), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of—
“(iii) to the maximum extent practicable—
“(I) the impact of the pilot project on appropriate health, nutrition, and associated behavioral outcomes among households participating in the pilot project;
SEC. 4109. Interstate data matching to prevent multiple issuances.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended by adding at the end the following:
“(w) National Accuracy Clearinghouse.—
“(1) DEFINITION OF INDICATION OF MULTIPLE ISSUANCE.—In this subsection, the term ‘indication of multiple issuance’ means an indication, based on a computer match, that benefits are being issued to an individual under the supplemental nutrition assistance program from more than 1 State simultaneously.
“(2) ESTABLISHMENT.—
“(A) IN GENERAL.—The Secretary shall establish an interstate data system, to be known as the ‘National Accuracy Clearinghouse’, to prevent the simultaneous issuance of benefits to an individual by more than 1 State under the supplemental nutrition assistance program.
“(3) ISSUANCE OF INTERIM FINAL REGULATIONS.—Not later than 18 months after the date of enactment of this subsection, the Secretary shall promulgate regulations (which shall include interim final regulations) to carry out this subsection that—
“(A) incorporate best practices and lessons learned from the pilot program under section 4032(c) of the Agricultural Act of 2014 (7 U.S.C. 2036c(c));
“(B) require a State to take appropriate action, as determined by the Secretary, with respect to each indication of multiple issuance or indication that an individual receiving benefits in 1 State has applied to receive benefits in another State, while ensuring timely and fair service to applicants for, and participants in, the supplemental nutrition assistance program;
“(C) limit the information submitted through or retained by the National Accuracy Clearinghouse to information necessary to accomplish the purpose described in paragraph (2)(A);
“(D) establish safeguards to protect—
“(i) the information submitted through or retained by the National Accuracy Clearinghouse, including by limiting the period of time that information is retained to the period necessary to accomplish the purpose described in paragraph (2)(A); and
“(ii) the privacy of information that is submitted through or retained by the National Accuracy Clearinghouse, which shall include—
“(E) establish a process by which a State shall—
“(i) not later than 3 years after the date of enactment of this subsection, conduct a computer match using the National Accuracy Clearinghouse;
“(ii) after the first computer match under clause (i), conduct computer matches on an ongoing basis, as determined by the Secretary;
(a) Records.—
(1) IN GENERAL.—Section 11(a)(3)(B) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended in the matter preceding clause (i) by inserting “and systems containing those records” after “subparagraph (A)”.
(2) COST SHARING FOR COMPUTERIZATION.—Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)) is amended—
(b) Quality control system.—Section 16(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)) is amended by striking subparagraph (B) and inserting the following:
“(B) QUALITY CONTROL SYSTEM INTEGRITY.—
“(i) IN GENERAL.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall issue interim final regulations that—
“(I) ensure that the quality control system established under this subsection produces valid statistical results;
“(II) provide for oversight of contracts entered into by a State agency for the purpose of improving payment accuracy;
“(ii) DEBARMENT.—In accordance with the nonprocurement debarment procedures under part 417 of title 2, Code of Federal Regulations (or successor regulations), the Secretary shall bar any person that, in carrying out the quality control system established under this subsection, knowingly submits, or causes to be submitted, false information to the Secretary.”.
(c) Elimination of State bonuses for error rates.—
(1) IN GENERAL.—Section 16(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended—
(A) by striking the subsection heading and inserting “State performance indicators and bonuses.—”; and
(B) in paragraph (2)—
(i) in subparagraph (A)(ii), by striking “subparagraph (B)(ii)” and inserting “clauses (ii) and (iii) of subparagraph (B)”; and
(ii) in subparagraph (B)—
(I) in the matter preceding clause (i), by striking “With respect” and all that follows through the end of clause (i) and inserting the following:
(III) by adding at the end the following:
“(iii) PERFORMANCE BONUSES FOR FISCAL YEARS 2018 AND THEREAFTER.—
“(I) IN GENERAL.—With respect to fiscal year 2018 and each fiscal year thereafter, subject to subclause (II) and paragraph (3), the Secretary shall award performance bonus payments in the following fiscal year, in a total amount of $6,000,000 for each fiscal year, to State agencies that meet standards for high or most improved performance established by the Secretary under subparagraph (A)(ii) for the measure of application processing timeliness.
(2) CONFORMING AMENDMENT.—Section 16(i)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(i)(1)) is amended by striking “(as defined in subsection (d)(1))”.
SEC. 4111. Requirement of live-production environments for certain pilot projects relating to cost sharing for computerization.
Section 16(g)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)) (as amended by section 4110(a)(2)) is amended—
(1) in subparagraph (F), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
(2) by redesignating subparagraphs (A) through (G) as clauses (i) through (vii), respectively, and indenting appropriately;
(4) in clause (v) (as so redesignated) of subparagraph (A) (as so designated), by striking “implementation, including through pilot projects in limited areas for major systems changes as determined under rules promulgated by the Secretary, data from which” and inserting the following: “implementation, including a requirement that—
“(I) such testing shall be accomplished through pilot projects in limited areas for major systems changes (as determined under rules promulgated by the Secretary);
SEC. 4112. Authorization of appropriations.
Section 18(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(a)(1)) is amended in the first sentence by striking “2018” and inserting “2023”.
SEC. 4113. Assistance for community food projects.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(b)(2)) is amended—
SEC. 4114. Nutrition education State plans.
Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036a(c)) is amended—
(1) in paragraph (2)—
(2) in paragraph (3)(B), in the matter preceding clause (i), by inserting “, the Director of the National Institute of Food and Agriculture,” before “and outside stakeholders”;
SEC. 4115. Emergency food assistance program.
(a) State plan.—Section 202A(b) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended—
(3) by adding at the end the following:
“(5) at the option of the State agency, describe a plan of operation for 1 or more projects in partnership with 1 or more emergency feeding organizations located in the State to harvest, process, and package donated commodities received under section 203D(d); and
“(6) describe a plan, which may include the use of a State advisory board established under subsection (c), that provides emergency feeding organizations or eligible recipient agencies within the State an opportunity to provide input on the commodity preferences and needs of the emergency feeding organization or eligible recipient agency.”.
(b) State and local supplementation of commodities.—Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) is amended by adding at the end the following:
“(d) Projects to harvest, process, and package donated commodities.—
“(1) DEFINITION OF PROJECT.—In this subsection, the term ‘project’ means the harvesting, processing, or packaging of unharvested, unprocessed, or unpackaged commodities donated by agricultural producers, processors, or distributors for use by emergency feeding organizations under subsection (a).
“(2) FEDERAL FUNDING FOR PROJECTS.—
“(A) IN GENERAL.—Subject to subparagraphs (B) and (C) and paragraph (3), using funds made available under paragraph (5), the Secretary may provide funding to States to pay for the costs of carrying out a project.
“(B) FEDERAL SHARE.—The Federal share of the cost of a project under subparagraph (A) shall not exceed 50 percent of the total cost of the project.
“(C) ALLOCATION.—
“(i) IN GENERAL.—Each fiscal year, the Secretary shall allocate to States that have submitted under section 202A(b)(5) a State plan describing a plan of operation for a project the funds made available under subparagraph (A) based on a formula determined by the Secretary.
“(ii) REALLOCATION.—If the Secretary determines that a State will not expend all of the funds allocated to the State for a fiscal year under clause (i), the Secretary shall reallocate the unexpended funds to other States that have submitted under section 202A(b)(5) a State plan describing a plan of operation for a project during that fiscal year or the subsequent fiscal year, as the Secretary determines appropriate.
“(3) PROJECT PURPOSES.—A State may only use Federal funds received under paragraph (2) for a project the purposes of which are—
“(4) COOPERATIVE AGREEMENTS.—The Secretary may encourage a State agency that carries out a project using Federal funds received under paragraph (2) to enter into cooperative agreements with State agencies of other States under section 203B(d) to maximize the use of commodities donated under the project.
(c) Food waste.—Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7507) (as amended by subsection (b)) is amended by adding at the end the following:
(d) Emergency food program infrastructure grants.—Section 209(d) of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is amended by striking “2018” and inserting “2023”.
(e) Availability of commodities for the emergency food assistance program.—Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) is amended—
SEC. 4116. Technical and conforming amendments.
(a) Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended—
(b) Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended by striking “3(n)(4)” each place it appears and inserting “3(m)(4)”.
(c) Section 8 of the Food and Nutrition Act of 2008 (7 U.S.C. 2017) is amended—
(d) Section 9(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2018(c)) is amended in the third sentence by striking “to any used by” and inserting “to, and used by,”.
(e) Section 10 of the Food and Nutrition Act of 2008 (7 U.S.C. 2019) is amended in the first sentence—
(f) Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020) is amended—
(g) Section 18(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 2027(e)) is amended in the first sentence by striking “7(f)” and inserting “7(e)”.
(h) Section 25(a)(1)(B)(i)(I) of the Food and Nutrition Act of 2008 (7 U.S.C. 2034(a)(1)(B)(i)(I)) is amended by striking “service;;” and inserting “service;”.
SEC. 4201. Commodity distribution program.
Section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended in the first sentence by striking “2018” and inserting “2023”.
SEC. 4202. Commodity supplemental food program.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86) is amended—
(3) in subsection (g)—
(B) by adding at the end the following:
“(2) CERTIFICATION.—
“(A) DEFINITION OF CERTIFICATION PERIOD.—In this paragraph, the term ‘certification period’ means the period during which a participant in the commodity supplemental food program in a State may continue to receive benefits under the commodity supplemental food program without a formal review of the eligibility of the participant.
“(B) MINIMUM CERTIFICATION PERIOD.—Subject to subparagraphs (C) and (D), a State shall establish for the commodity supplemental food program of the State a certification period of—
“(C) TEMPORARY CERTIFICATION.—An eligible individual in the commodity supplemental food program in a State may be provided with a temporary monthly certification to fill any caseload slot resulting from nonparticipation by other certified participants.
“(D) APPROVALS.—A certification period of more than 1 year established by a State under subparagraph (B) shall be subject to the approval of the Secretary, who shall approve such a certification period on the condition that, with respect to each participant receiving benefits under the commodity supplemental food program of the State, the local agency in the State administering the commodity supplemental food program, on an annual basis during the certification period applicable to the participant—
SEC. 4203. Distribution of surplus commodities; special nutrition projects.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)(A)) is amended in the first sentence by striking “2018” and inserting “2023”.
SEC. 4301. Purchase of specialty crops.
Section 10603(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 612c–4(b)) is amended by striking “2018” and inserting “2023”.
SEC. 4302. Seniors farmers' market nutrition program.
Section 4402(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3007(a)) is amended by striking “2018” and inserting “2023”.
SEC. 4303. The Gus Schumacher food insecurity nutrition incentive.
Section 4405 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7517) is amended—
(2) in subsection (a)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking “means” and all that follows through the end of subparagraph (L) and inserting “means a governmental agency or nonprofit organization.”; and
(B) in paragraph (3)—
(iii) by adding at the end the following:
“(B) the programs for nutrition assistance under section 19 of that Act (7 U.S.C. 2028).”;
(3) in subsection (b)—
(A) in paragraph (1)—
(ii) by inserting after subparagraph (A) the following:
(iii) in subparagraph (C) (as so redesignated), by striking “The” and inserting “Except as provided in subparagraph (D)(iii), the”; and
(iv) in subparagraph (D) (as so redesignated), by adding at the end the following:
“(iii) TRIBAL AGENCIES.—The Secretary may allow a tribal agency to use funds provided to the Indian Tribe of the tribal agency through a Federal agency (including the Indian Health Service) or other Federal benefit to satisfy all or part of the non-Federal share described in clause (i), if such use is otherwise consistent with the purpose of such funds.”;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) in the matter preceding clause (i), by striking “For purposes of” and all that follows through “that” and inserting “To receive a grant under this subsection, an eligible entity shall”;
(III) in clause (ii)—
(bb) by striking subclauses (II) and (III) and inserting the following:
“(II) would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing an incentive for the purchase of fruits and vegetables at the point of purchase to a household purchasing food with supplemental nutrition assistance program benefits;
(ii) in subparagraph (B)—
(III) by inserting after clause (iv) the following:
“(v) include a program design—
“(vii) include coordination with multiple stakeholders, such as farm organizations, nutrition education programs, cooperative extension services, public health departments, health providers, private and public health insurance agencies, cooperative grocers, grocery associations, and community-based and nongovernmental organizations;
(C) by striking paragraph (4) and inserting the following:
“(4) TRAINING AND TECHNICAL ASSISTANCE CENTERS; INFORMATION AND EVALUATION CENTERS.—
“(A) DEFINITIONS.—In this paragraph:
“(B) ESTABLISHMENT.—
“(i) IN GENERAL.—To provide services to eligible entities applying for or receiving a grant under this subsection or to partners or collaborators applying for or receiving a subgrant under paragraph (1)(B), the Secretary shall establish, in accordance with clause (ii)—
“(ii) CRITERIA.—
“(I) IN GENERAL.—The Secretary shall establish the Training and Technical Assistance Centers and the Information and Evaluation Centers under clause (i) by designating as a Training and Technical Assistance Center or an Information or Evaluation Center, as applicable, 1 or more entities that meet the criteria described in subclause (II) or (III), as applicable.
“(II) TRAINING AND TECHNICAL ASSISTANCE CENTERS.—To be eligible to be designated as a Training and Technical Assistance Center—
“(aa) an entity shall—
“(AA) have the capacity to effectively implement and track outreach, training, and coordination functions;
“(BB) be able to produce instructional materials that can easily be replicated and distributed through multiple formats;
“(CC) have working relationships with nonprofit and private organizations, State and local governments, and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));
“(DD) have the ability to work in underserved or rural communities; and
“(EE) have an organizational mission aligned with the needs of eligible entities receiving grants under this subsection; or
“(bb) for purposes of carrying out subclauses (VII) and (VIII) of subparagraph (C)(i), an entity shall—
“(AA) have experience developing or supporting the development of point of sale technology; and
“(BB) meet any other criteria, as determined by the Secretary, to effectively carry out subclauses (VII) and (VIII) of subparagraph (C)(i).
“(C) SERVICES.—
“(i) TRAINING AND TECHNICAL ASSISTANCE CENTERS.—The Training and Technical Assistance Centers shall provide services that include—
“(I) assisting eligible entities applying for a grant or partners or collaborators applying for a subgrant under this subsection in—
“(II) collecting and providing to eligible entities applying for or receiving a grant or to partners or collaborators applying for or receiving a subgrant under this subsection information on best practices from existing projects, including best practices regarding communications, signage, record-keeping, incentive instruments, integration with point of sale systems, and reporting;
“(III) disseminating information and facilitating communication among eligible entities receiving a grant or partners or collaborators receiving a subgrant under this subsection;
“(IV) (aa) identifying common challenges faced by eligible entities receiving a grant or partners or collaborators receiving a subgrant under this subsection; and
“(V) communicating with farms, direct to consumer markets, and grocery organizations to share information and partner on projects using a grant or subgrant under this subsection;
“(VI) assisting with collaboration among eligible entities receiving a grant or partners or collaborators receiving a subgrant under this subsection, State agencies, and the Food and Nutrition Service;
“(VII) identifying and providing to eligible entities applying for or receiving a grant or partners or collaborators applying for or receiving a subgrant under this subsection information on point of sale technology that could reduce cost and increase efficiency of supplemental nutrition assistance program and incentive transaction processing at participating authorized retailers;
“(ii) INFORMATION AND EVALUATION CENTERS.—The Information and Evaluation Centers shall provide services that include—
“(I) using standard metrics based on outcome measures used for existing projects, and in collaboration with the Director of the National Institute of Food and Agriculture and the Administrator of the Food and Nutrition Service, creating a system to collect and compile core data sets from eligible entities receiving a grant and partners or collaborators receiving a subgrant, as appropriate, under this subsection;
“(II) beginning with fiscal year 2020, preparing an annual report with summary data and an evaluation of each project receiving a grant under this subsection during the fiscal year preceding the report, that includes the amount of grant funds used for the project and the measurement of the outcomes of the project, for submission to the Secretary; and
“(D) GRANTS AND COOPERATIVE AGREEMENTS.—In carrying out this paragraph, the Secretary, on a competitive basis, shall make grants to, or enter into cooperative agreements with—
“(iv) 2-year and 4-year degree-granting institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) and land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and
“(5) ANNUAL EVALUATION AND REPORT.—
“(A) IN GENERAL.—Annually beginning with fiscal year 2020, the Secretary shall conduct, and submit to Congress an evaluation of each project receiving a grant under this subsection, including—
“(B) REQUIREMENT.—The evaluation conducted under subparagraph (A) shall be based on uniform data provided by eligible entities receiving a grant under this subsection.
“(C) PUBLIC AVAILABILITY.—The Secretary shall make the evaluation conducted under subparagraph (A), including the data provided by eligible entities under subparagraph (B), publicly available online in an anonymized format that protects confidential, personal, or other sensitive data.
“(D) REPORTING MECHANISM.—The Secretary shall, to the maximum extent practicable, include eligible entities receiving a grant under this subsection, grocers, farmers, health professionals, researchers, and employees of the Department of Agriculture with direct experience with implementation of the supplemental nutrition assistance program in the design of—
SEC. 4304. Harvesting health pilot projects.
(a) Definitions.—In this section:
(2) HEALTHCARE PARTNER.—The term “healthcare partner” means a healthcare provider, including—
(B) a Federally-qualified health center (as defined in section 1905(l) of the Social Security Act (42 U.S.C. 1396d(l)));
(3) MEMBER.—
(A) IN GENERAL.—The term “member” means, as determined by the applicable eligible entity or healthcare partner carrying out a pilot project in accordance with procedures established by the Secretary—
(i) an individual eligible for—
(I) benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(II) medical assistance under a State plan or a waiver of such a plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and enrolled under such plan or waiver; and
(B) SCOPE OF ELIGIBILITY DETERMINATIONS.—A determination by an eligible entity or healthcare partner that an individual is a member for purposes of subparagraph (A) shall not—
(i) constitute a determination that the individual is eligible for benefits or assistance under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as applicable; or
(4) PILOT PROJECT.—The term “pilot project” means a pilot project that is awarded a grant under subsection (b)(1).
(b) Grant program.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Secretary shall establish a grant program under which the Secretary shall award grants to eligible entities to conduct pilot projects that demonstrate and evaluate the impact of a produce prescription program on—
(B) HEALTHCARE PARTNERS.—In carrying out a pilot project using a grant received under subparagraph (A), an eligible entity shall partner with 1 or more healthcare partners.
(C) GRANT APPLICATIONS.—
(i) IN GENERAL.—To be eligible to receive a grant under subparagraph (A), an eligible entity shall submit to the Secretary an application containing such information as the Secretary may require, including the information described in clause (ii).
(ii) APPLICATION.—An application under clause (i) shall—
(I) identify the 1 or more healthcare partners with which the eligible entity is partnering under subparagraph (B); and
(II) include—
(aa) a description of the methods by which an eligible entity shall—
(AA) screen and verify eligibility for members for participation in a produce prescription program, in accordance with procedures established under subsection (a)(3)(A);
(BB) implement an effective produce prescription program, including the role of each healthcare partner in implementing the produce prescription program;
(CC) evaluate members participating in a produce prescription program with respect to the issues described in clauses (i) through (iii) of subparagraph (A);
(DD) provide educational opportunities relating to nutrition to members participating in a produce prescription program; and
(EE) inform members of the availability of the produce prescription pilot project;
(bb) a description of any additional nonprofit or emergency feeding organizations that shall be involved in the pilot project and the role of each additional nonprofit or emergency feeding organization in implementing and evaluating an effective produce prescription program;
(2) COORDINATION.—In carrying out the grant program established under paragraph (1), the Secretary shall coordinate with the Secretary of Health and Human Services and the heads of other appropriate Federal agencies that carry out activities relating to healthcare partners.
(3) PARTNERSHIPS.—
(A) IN GENERAL.—In carrying out the grant program under paragraph (1), the Secretary may enter into 1 or more memoranda of understanding with a Federal agency, a State, or a private partner to ensure the effective implementation and evaluation of each pilot project.
(B) MEMORANDUM OF UNDERSTANDING.—A memorandum of understanding entered into under subparagraph (A) shall include—
(i) a description of a plan to provide educational opportunities relating to nutrition to members participating in the produce prescription program;
(ii) a description of the role of the Federal agency, State, or private partner, as applicable, in implementing and evaluating an effective produce prescription program;
SEC. 5101. Modification of the 3-year experience requirement for purposes of eligibility for farm ownership loans.
(a) In general.—Section 302(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922(b)) is amended—
(3) by inserting after paragraph (1) the following:
“(2) OTHER ACCEPTABLE EXPERIENCE.—In determining whether a farmer or rancher has other acceptable experience under paragraph (1), the Secretary may count any of—
“(B) successful completion of a farm management curriculum offered by a cooperative extension service, a community college, an adult vocational agriculture program, a non-profit organization, or a land-grant college or university;
“(F) successful completion of a farm mentorship, apprenticeship, or internship program with an emphasis on management requirements and day-to-day farm management decisions; and
“(G) an established relationship with an individual participating as a counselor who has experience in farming or ranching or is a retired farmer or rancher in a Service Corps of Retired Executives program authorized under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)), or with a local farm or ranch operator or organization, approved by the Secretary, that is committed to mentoring the farmer or rancher.
“(3) DEEMING RULE.—For purposes of paragraph (1), a farmer or rancher is deemed to have participated in the business operations of a farm or ranch for not less than 3 years or have other acceptable experience for a period of time, as determined by the Secretary, if the farmer or rancher meets the requirements of subparagraphs (E) and (G) of paragraph (2).”.
(b) Conforming amendment.—Section 310D(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1934(a)(2)) is amended by striking “paragraphs (2) through (4) of section 302” and inserting “subparagraphs (A) through (D) of section 302(a)(1)”.
SEC. 5102. Conservation loan and loan guarantee program.
Section 304(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(h)) is amended by striking “2018” and inserting “2023”.
SEC. 5103. Limitations on amount of farm ownership loans.
Section 305 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1925) is amended in subsection (a), by striking “smaller of” and all that follows through the period at the end and inserting the following:
““lesser of—SEC. 5201. Limitations on amount of operating loans.
Section 313 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943) is amended in subsection (a)(1), by striking “to exceed” and all that follows through “Secretary);” and inserting the following:
““to exceed, in the case of—SEC. 5202. Cooperative lending pilot projects.
Section 313(c)(4)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking “2018” and inserting “2023”.
SEC. 5301. Beginning farmer and rancher individual development accounts pilot program.
Section 333B(h) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983b(h)) is amended by striking “2018” and inserting “2023”.
SEC. 5302. Loan authorization levels.
Section 346(b)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(1)) is amended—
(1) in the matter preceding subparagraph (A), by striking “$4,226,000,000 for each of fiscal years 2008 through 2018” and inserting “$12,000,000,000 for each of fiscal years 2019 through 2023”; and
SEC. 5303. Loan fund set-asides.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by striking “2018” and inserting “2023”.
The Consolidated Farm and Rural Development Act is amended by inserting after section 365 (7 U.S.C. 2008) the following:
“(a) In general.—Subject to subsection (b), the Secretary may provide a form of relief described in subsection (c) to any farmer or rancher who—
“(b) Limitation.—The Secretary may only provide relief to a farm or rancher under subsection (a) if the Secretary determines that the farmer or rancher—
“(c) Forms of relief.—The Secretary may provide to a farmer or rancher under subsection (a) any of the following forms of relief:
“(d) Condition.—As a condition of receiving relief under this section, the Secretary may require the farmer or rancher to take actions designed to remedy the noncompliance.
“(e) Administrative appeal; judicial review.—A determination or action of the Secretary under this section—
“(2) shall not be subject to administrative appeal or judicial review under chapter 7 of title 5, United States Code.”.
SEC. 5305. Socially disadvantaged farmers and ranchers; qualified beginning farmers and ranchers.
The Consolidated Farm and Rural Development Act is amended by inserting after section 366 (as added by section 5304) the following:
“SEC. 367. Socially disadvantaged farmers and ranchers; qualified beginning farmers and ranchers.
“In the case of a loan guaranteed by the Secretary under subtitle A or B to a socially disadvantaged farmer or rancher (as defined in section 355(e)) or a qualified beginning farmer or rancher, the Secretary shall—
SEC. 5306. Emergency loan eligibility.
Section 373(b)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended—
(1) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately;
SEC. 5401. State agricultural mediation programs.
(a) Issues covered by State mediation programs.—Section 501(c) of the Agricultural Credit Act of 1987 (7 U.S.C. 5101(c)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (B)—
(i) in the matter preceding clause (i), by striking “under the jurisdiction of the Department of Agriculture”;
(ii) in clause (ii), by inserting “and the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)” before the period at the end; and
(b) Report required.—Section 505 of the Agricultural Credit Act of 1987 (7 U.S.C. 5105) is amended to read as follows:
“Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall submit to Congress a report describing—
“(1) the effectiveness of the State mediation programs receiving matching grants under this subtitle;
(c) Authorization of appropriations.—Section 506 of the Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking “2018” and inserting “2023”.
SEC. 5402. Socially disadvantaged farmers and ranchers.
(a) In general.—Section 4.19 of the Farm Credit Act of 1971 (12 U.S.C. 2207) is amended—
(2) in subsection (a), in the first sentence, by striking “ranchers.” and inserting “ranchers and socially disadvantaged farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).”.
(b) Conforming amendment.—Section 5.17(a)(3) of the Farm Credit Act of 1971 (12 U.S.C. 2252(a)(3)) is amended, in the second sentence, by striking “ranchers.” and inserting “ranchers and socially disadvantaged farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).”.
SEC. 5403. Sharing of privileged and confidential information.
Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is amended by adding at the end the following:
“(e) Sharing of privileged and confidential information.—A System institution shall not be considered to have waived the confidentiality of a privileged communication with an attorney or an accountant if the System institution provides the content of the communication to the Farm Credit Administration pursuant to the supervisory or regulatory authorities of the Farm Credit Administration.”.
SEC. 5404. Removal and prohibition authority; industry-wide prohibition.
Part C of title V of the Farm Credit Act of 1971 is amended by inserting after section 5.29 (12 U.S.C. 2265) the following:
“SEC. 5.29A. Removal and prohibition authority; industry-wide prohibition.
“(b) Industry-wide prohibition.—Except as provided in subsection (c), any person who, pursuant to an order issued under section 5.28 or 5.29, has been removed or suspended from office at a System institution or prohibited from participating in the conduct of the affairs of a System institution shall not, during the period of effectiveness of the order, continue or commence to hold any office in, or participate in any manner in the conduct of the affairs of—
“(1) any insured depository institution subject to section 8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(A)(i));
“(2) any institution subject to section 8(e)(7)(A)(ii) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(A)(ii));
“(3) any insured credit union under the Federal Credit Union Act (12 U.S.C. 1751 et seq.);
“(6) any appropriate Federal financial institutions regulatory agency (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D)));
“(c) Exception for institution-affiliated party that receives written consent.—
“(1) IN GENERAL.—
“(A) AFFILIATED PARTIES.—If, on or after the date on which an order described in subsection (b) is issued that removes or suspends an institution-affiliated party from office at a System institution or prohibits an institution-affiliated party from participating in the conduct of the affairs of a System institution, that party receives written consent described in subparagraph (B), subsection (b) shall not apply to that party—
“(B) WRITTEN CONSENT DESCRIBED.—The written consent referred to in subparagraph (A) is written consent received from—
“(ii) each appropriate Federal financial institutions regulatory agency (as defined in section 8(e)(7)(D) of the Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D))) of the applicable institution described in any of paragraphs (1), (2), (3), or (4) of subsection (b) with respect to which the party proposes to be become an affiliated party.
SEC. 5405. Jurisdiction over institution-affiliated parties.
Part C of title V of the Farm Credit Act of 1971 is amended by inserting after section 5.31 (12 U.S.C. 2267) the following:
“SEC. 5.31A. Jurisdiction over institution-affiliated parties.
“(a) In general.—For purposes of sections 5.25, 5.26, and 5.32, the jurisdiction of the Farm Credit Administration over parties, and the authority of the Farm Credit Administration to initiate actions, shall include enforcement authority over institution-affiliated parties.
“(b) Effect of separation on jurisdiction and authority.—Subject to subsection (c), the resignation, termination of employment or participation, or separation of an institution-affiliated party (including a separation caused by the merger, consolidation, conservatorship, or receivership of a Farm Credit System institution) shall not affect the jurisdiction and authority of the Farm Credit Administration to issue any notice or order and proceed under this part against that party.
SEC. 5406. Definition of institution-affiliated party.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is amended—
(3) by inserting after paragraph (3) the following:
“(4) the term ‘institution-affiliated party’ means—
SEC. 5407. Repeal of obsolete provisions; technical corrections.
(1) Section 1.1(c) of the Farm Credit Act of 1971 (12 U.S.C. 2001(c)) is amended in the first sentence by striking “including any costs of defeasance under section 4.8(b),”.
(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C. 2002) is amended by striking subsection (a) and inserting the following:
“(a) Composition.—The Farm Credit System shall include the Farm Credit Banks, the bank for cooperatives, Agricultural Credit Banks, the Federal Land Bank Associations, the Federal Land Credit Associations, the Production Credit Associations, the agricultural credit associations, the Federal Farm Credit Banks Funding Corporation, the Federal Agricultural Mortgage Corporation, service corporations established pursuant to section 4.25, and such other institutions as may be made a part of the Farm Credit System, all of which shall be chartered by and subject to regulation by the Farm Credit Administration.”.
(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C. 2075) is amended by striking subsection (d).
(4) Section 3.0(a) of the Farm Credit Act of 1971 (12 U.S.C. 2121(a)) is amended—
(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C. 2123) is amended—
(A) in subsection (a)—
(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C. 2126) is amended in the third sentence by striking “district”.
(7) Section 3.7(a) of the Farm Credit Act of 1971 (12 U.S.C. 2128(a)) is amended by striking the second sentence.
(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2129(b)(1)(A)) is amended by inserting “(or any successor agency)” after “Rural Electrification Administration”.
(9) Section 3.9(a) of the Farm Credit Act of 1971 (12 U.S.C. 2130(a)) is amended by striking the third sentence.
(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C. 2131) is amended—
(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C. 2132) is amended—
(A) in subsection (a), in the first sentence, by striking “subsections (b) and (c) of this section” and inserting “subsection (b)”;
(12) Part B of title III of the Farm Credit Act of 1971 (12 U.S.C. 2141 et seq.) is amended in the part heading by striking “United and”.
(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C. 2141) is amended—
(B) in subsection (b), by striking “the district banks for cooperatives and the Central Bank for Cooperatives” and inserting “the constituent banks described in section 413(b) of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note; Public Law 100–233)”.
(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C. 2142) is repealed.
(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C. 2149) is amended by striking “a district bank for cooperatives and the Central Bank for Cooperatives” and inserting “the constituent banks described in section 413(b) of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note; Public Law 100–233)”.
(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C. 2149a) is repealed.
(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C. 2151) is repealed.
(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C. 2159) is amended—
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C. 2160) is amended—
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12 U.S.C. 2162(c)) is amended—
(A) by striking “institution, and—” in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting “institution.”;
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12 U.S.C. 2184(a)) is amended by striking paragraph (1) and inserting the following:
“(1) IN GENERAL.—A Farm Credit System bank or association shall provide to a stockholder of the bank or association a current list of stockholders of the bank or association not later than 7 calendar days after the date on which the bank or association receives a written request for the stockholder list from the stockholder.”.
(22) Section 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2202a) is amended—
(23) Section 4.14C of the Farm Credit Act of 1971 (12 U.S.C. 2202c) is repealed.
(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C. 2205) is amended in the third sentence by striking “Federal intermediate credit banks and”.
(25) Section 4.19(a) of the Farm Credit Act of 1971 (12 U.S.C. 2207(a)) (as amended by section 5402(a)(2)) is amended—
(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C. 2219c) is amended by striking “The Assistance Board established under section 6.0 and all” and inserting “All”.
(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C. 2219d) is amended by striking “8.0(7))” and inserting “8.0)”.
(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251) is amended—
(A) by striking the section designation and heading and all that follows through “As an alternate” in the matter preceding paragraph (1) and inserting the following:
“SEC. 5.16. Offices, quarters, and facilities for the Farm Credit Administration.
(B) in the undesignated matter following paragraph (5) of subsection (b) (as so designated)—
(i) in the fifth sentence, by striking “In actions undertaken by the banks pursuant to the foregoing provisions of this section” and inserting the following:
(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12 U.S.C. 2252(a)(2)) is amended by striking the second and third sentences.
(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C. 2253) is repealed.
(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C. 2254) is amended—
(A) in subsection (a)—
(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C. 2267) is amended in the second sentence by striking “4.14A(i)” and inserting “4.14A(h)”.
(33) Section 5.32(h) of the Farm Credit Act of 1971 (12 U.S.C. 2268(h)) is amended by striking “4.14A(i)” and inserting “4.14A(h)”.
(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is amended in paragraph (5) (as redesignated by section 5406(2))—
(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C. 2274) is amended by striking “a farm” and all that follows through “land bank” and inserting “a Farm Credit Bank board, officer, or employee shall not remove any director or officer of any”.
(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C. 2275) is repealed.
(37) Section 5.58(2) of the Farm Credit Act of 1971 (12 U.S.C. 2277a–7(2)) is amended by striking the second sentence.
(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C. 2277a–9) is amended—
(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C. 2278a et seq.) is repealed.
(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C. 2279c–2) is amended by striking subsection (c).
(41) Section 7.10(a) of the Farm Credit Act of 1971 (12 U.S.C. 2279d(a)) is amended by striking paragraph (4) and inserting the following:
(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa) is amended—
(A) in paragraph (2), by striking “means—” in the matter preceding subparagraph (A) and all that follows through the period at the end of the undesignated matter following subparagraph (B) and inserting “means the board of directors established under section 8.2.”;
(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–2) is amended—
(B) in subsection (b), by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following:
(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–4(a)(1)) is amended—
(D) by striking the third sentence and inserting the following:
“(C) OFFERS.—
“(i) IN GENERAL.—The Board shall offer the voting common stock to banks, other financial institutions, insurance companies, and System institutions under such terms and conditions as the Board may adopt.
(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–6) is amended—
(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–9) is amended by striking “4.14C,” each place it appears.
(47) Section 8.11(e) of the Farm Credit Act of 1971 (12 U.S.C. 2279aa–11(e)) is amended by striking “8.0(7))” and inserting “8.0)”.
(48) Section 8.32(a) of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–1(a)) is amended—
(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–2(b)(2)(A)) is amended by striking “8.6(e)” and inserting “8.6(d)”.
(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–4) is amended by striking subsection (e).
(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C. 2279bb–7) is repealed.
(52) Section 4 of the Agricultural Marketing Act (12 U.S.C. 1141b) is repealed.
(53) Section 5 of the Agricultural Marketing Act (12 U.S.C. 1141c) is repealed.
(54) Section 6 of the Agricultural Marketing Act (12 U.S.C. 1141d) is repealed.
(55) Section 7 of the Agricultural Marketing Act (12 U.S.C. 1141e) is repealed.
(56) Section 8 of the Agricultural Marketing Act (12 U.S.C. 1141f) is repealed.
(57) Section 14 of the Agricultural Marketing Act (12 U.S.C. 1141i) is repealed.
(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239; 12 U.S.C. 1141d–1), is repealed.
(59) Section 201(e) of the Emergency Relief and Construction Act of 1932 (12 U.S.C. 1148) is repealed.
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150, chapter 192; 12 U.S.C. 1148a–4), is repealed.
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C. 1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C. 1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C. 1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60, chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
SEC. 5408. Corporation as conservator or receiver; certain other powers.
Part E of title V of the Farm Credit Act of 1971 is amended by inserting after section 5.61B (12 U.S.C. 2277a–10b) the following:
“SEC. 5.61C. Corporation as conservator or receiver; certain other powers.
“(a) Definition of institution.—In this section, the term ‘institution’ includes any System institution for which the Corporation has been appointed as conservator or receiver.
“(b) Certain powers and duties of corporation as conservator or receiver.—In addition to the powers inherent in the express grant of corporate authority under section 5.58(9), and other powers exercised by the Corporation under this part, the Corporation shall have the following express powers to act as a conservator or receiver:
“(1) RULEMAKING AUTHORITY OF CORPORATION.—The Corporation may prescribe such regulations as the Corporation determines to be appropriate regarding the conduct of conservatorships or receiverships.
“(2) GENERAL POWERS.—
“(A) SUCCESSOR TO SYSTEM INSTITUTION.—The Corporation shall, as conservator or receiver, and by operation of law, succeed to—
“(B) OPERATE THE SYSTEM INSTITUTION.—The Corporation may, as conservator or receiver—
“(i) take over the assets of and operate the System institution with all the powers of the stockholders or members, the directors, and the officers of the System institution and conduct all business of the System institution;
“(C) FUNCTIONS OF SYSTEM INSTITUTION'S OFFICERS, DIRECTORS, MEMBERS, AND STOCKHOLDERS.—The Corporation may, by regulation or order, provide for the exercise of any function by any stockholder, member, director, or officer of any System institution for which the Corporation has been appointed conservator or receiver.
“(D) POWERS AS CONSERVATOR.—Subject to any Farm Credit Administration approvals required under this Act, the Corporation may, as conservator, take such action as may be—
“(E) ADDITIONAL POWERS AS RECEIVER.—The Corporation may, as receiver, liquidate the System institution and proceed to realize upon the assets of the System institution, in such manner as the Corporation determines to be appropriate.
“(F) ORGANIZATION OF NEW SYSTEM BANK.—The Corporation may, as receiver with respect to any System bank, organize a bridge System bank under subsection (h).
“(G) MERGER; TRANSFER OF ASSETS AND LIABILITIES.—
“(H) PAYMENT OF VALID OBLIGATIONS.—The Corporation, as conservator or receiver, shall, to the extent that proceeds are realized from the performance of contracts or the sale of the assets of a System institution, pay all valid obligations of the System institution in accordance with the prescriptions and limitations of this section.
“(I) INCIDENTAL POWERS.—
“(i) IN GENERAL.—The Corporation may, as conservator or receiver—
“(ii) TERMINATION OF RIGHTS AND CLAIMS.—
“(I) IN GENERAL.—Except as provided in subclause (II), notwithstanding any other provision of law, the appointment of the Corporation as receiver for a System institution and the succession of the Corporation, by operation of law, to the rights, titles, powers, and privileges described in subparagraph (A) shall terminate all rights and claims that the stockholders and creditors of the System institution may have, arising as a result of their status as stockholders or creditors, against the assets or charter of the System institution or the Corporation.
“(J) UTILIZATION OF PRIVATE SECTOR.—In carrying out its responsibilities in the management and disposition of assets from System institutions, as conservator, receiver, or in its corporate capacity, the Corporation may utilize the services of private persons, including real estate and loan portfolio asset management, property management, auction marketing, legal, and brokerage services, if the Corporation determines utilization of such services is practicable, efficient, and cost effective.
“(3) AUTHORITY OF RECEIVER TO DETERMINE CLAIMS.—
“(A) IN GENERAL.—The Corporation may, as receiver, determine claims in accordance with the requirements of this subsection and regulations prescribed under paragraph (4).
“(B) NOTICE REQUIREMENTS.—The receiver, in any case involving the liquidation or winding up of the affairs of a closed System institution, shall—
“(4) RULEMAKING AUTHORITY RELATING TO DETERMINATION OF CLAIMS.—The Corporation may prescribe regulations regarding the allowance or disallowance of claims by the receiver and providing for administrative determination of claims and review of such determination.
“(5) PROCEDURES FOR DETERMINATION OF CLAIMS.—
“(A) DETERMINATION PERIOD.—
“(i) IN GENERAL.—Before the end of the 180-day period beginning on the date any claim against a System institution is filed with the Corporation as receiver, the Corporation shall determine whether to allow or disallow the claim and shall notify the claimant of any determination with respect to such claim.
“(ii) EXTENSION OF TIME.—The period described in clause (i) may be extended by a written agreement between the claimant and the Corporation.
“(iii) MAILING OF NOTICE SUFFICIENT.—The requirements of clause (i) shall be deemed to be satisfied if the notice of any determination with respect to any claim is mailed to the last address of the claimant which appears—
“(B) ALLOWANCE OF PROVEN CLAIMS.—The receiver shall allow any claim received on or before the date specified in the notice published under paragraph (3)(B)(i) by the receiver from any claimant which is proved to the satisfaction of the receiver.
“(C) DISALLOWANCE OF CLAIMS FILED AFTER END OF FILING PERIOD.—
“(i) IN GENERAL.—Except as provided in clause (ii), claims filed after the date specified in the notice published under paragraph (3)(B)(i) shall be disallowed and such disallowance shall be final.
“(ii) CERTAIN EXCEPTIONS.—Clause (i) shall not apply with respect to any claim filed by any claimant after the date specified in the notice published under paragraph (3)(B)(i) and such claim may be considered by the receiver if—
“(D) AUTHORITY TO DISALLOW CLAIMS.—
“(i) IN GENERAL.—The receiver may disallow any portion of any claim by a creditor or claim of security, preference, or priority which is not proved to the satisfaction of the receiver.
“(ii) PAYMENTS TO LESS THAN FULLY SECURED CREDITORS.—In the case of a claim of a creditor against a System institution which is secured by any property or other asset of such System institution, any receiver appointed for any System institution—
“(E) NO JUDICIAL REVIEW OF DETERMINATION PURSUANT TO SUBPARAGRAPH (D).—No court may review the Corporation's determination pursuant to subparagraph (D) to disallow a claim.
“(6) PROVISION FOR JUDICIAL DETERMINATION OF CLAIMS.—
“(A) IN GENERAL.—Before the end of the 60-day period beginning on the earlier of—
“(i) the end of the period described in paragraph (5)(A)(i) with respect to any claim against a System institution for which the Corporation is receiver; or
the claimant may request administrative review of the claim in accordance with paragraph (7) or file suit on such claim (or continue an action commenced before the appointment of the receiver) in the district or territorial court of the United States for the district within which the System institution's principal place of business is located or the United States District Court for the District of Columbia (and such court shall have jurisdiction to hear such claim).
“(B) STATUTE OF LIMITATIONS.—If any claimant fails to file suit on such claim (or continue an action commenced before the appointment of the receiver), before the end of the 60-day period described in subparagraph (A), the claim shall be deemed to be disallowed (other than any portion of such claim which was allowed by the receiver) as of the end of such period, such disallowance shall be final, and the claimant shall have no further rights or remedies with respect to such claim.
“(7) REVIEW OF CLAIMS; ADMINISTRATIVE HEARING.—If any claimant requests review under this paragraph in lieu of filing or continuing any action under paragraph (6) and the Corporation agrees to such request, the Corporation shall consider the claim after opportunity for a hearing on the record. The final determination of the Corporation with respect to such claim shall be subject to judicial review under chapter 7 of title 5, United States Code.
“(8) EXPEDITED DETERMINATION OF CLAIMS.—
“(A) ESTABLISHMENT REQUIRED.—The Corporation shall establish a procedure for expedited relief outside of the routine claims process established under paragraph (5) for claimants who—
“(B) DETERMINATION PERIOD.—Before the end of the 90-day period beginning on the date any claim is filed in accordance with the procedures established pursuant to subparagraph (A), the Corporation shall—
“(C) PERIOD FOR FILING OR RENEWING SUIT.—Any claimant who files a request for expedited relief shall be permitted to file a suit, or to continue a suit filed before the appointment of the receiver, seeking a determination of the claimant's rights with respect to such security interest after the earlier of—
“(D) STATUTE OF LIMITATIONS.—If an action described in subparagraph (C) is not filed, or the motion to renew a previously filed suit is not made, before the end of the 30-day period beginning on the date on which such action or motion may be filed in accordance with subparagraph (B), the claim shall be deemed to be disallowed as of the end of such period (other than any portion of such claim which was allowed by the receiver), such disallowance shall be final, and the claimant shall have no further rights or remedies with respect to such claim.
“(9) AGREEMENT AS BASIS OF CLAIM.—
“(A) REQUIREMENTS.—Except as provided in subparagraph (B), any agreement which does not meet the requirements set forth in section 5.61(d) shall not form the basis of, or substantially comprise, a claim against the receiver or the Corporation.
“(B) EXCEPTION TO CONTEMPORANEOUS EXECUTION REQUIREMENT.—Notwithstanding section 5.61(d), any agreement relating to an extension of credit between a Federal Reserve bank or the United States Treasury and any System institution which was executed before such extension of credit to such System institution shall be treated as having been executed contemporaneously with such extension of credit for purposes of subparagraph (A).
“(10) PAYMENT OF CLAIMS.—
“(A) IN GENERAL.—The receiver may, in the receiver's discretion and to the extent funds are available from the assets of the System institution, pay creditor claims which are allowed by the receiver, approved by the Corporation pursuant to a final determination pursuant to paragraph (7) or (8), or determined by the final judgment of any court of competent jurisdiction in such manner and amounts as are authorized under this Act.
“(B) LIQUIDATION PAYMENTS.—The receiver may, in the receiver's sole discretion, pay from the assets of the System institution portions of proved claims at any time, and no liability shall attach to the Corporation (in such Corporation's corporate capacity or as receiver), by reason of any such payment, for failure to make payments to a claimant whose claim is not proved at the time of any such payment.
“(C) RULEMAKING AUTHORITY OF CORPORATION.—The Corporation may prescribe such rules, including definitions of terms, as it deems appropriate to establish a single uniform interest rate for or to make payments of post insolvency interest to creditors holding proven claims against the receivership estates of System institutions following satisfaction by the receiver of the principal amount of all creditor claims.
“(11) PRIORITY OF EXPENSES AND CLAIMS.—
“(A) IN GENERAL.—Amounts realized from the liquidation or other resolution of any System institution by any receiver appointed for such System institution shall be distributed to pay claims (other than secured claims to the extent of any such security) in the following order of priority:
“(ii) If authorized by the Corporation, wages, salaries, or commissions, including vacation, severance, and sick leave pay earned by an individual—
“(iii) In the case of the resolution of a System bank, all claims of holders of consolidated and System-wide bonds and all claims of the other System banks arising from the payments of the System banks pursuant to—
“(iv) In the case of the resolution of a production credit association or other association making direct loans under section 7.6, all claims of a System bank based on the financing agreement between the association and the System bank—
“(v) Any general or senior liability of the System institution (which is not a liability described in clause (vi) or (vii)).
“(B) PAYMENT OF CLAIMS.—
“(i) IN GENERAL.—
“(ii) DISTRIBUTION OF REMAINING ASSETS.—Following the payment of all claims in accordance with subparagraph (A), the receiver shall distribute the remainder of the assets of the System institution to the owners of stock, participation certificates, and other equities in accordance with the priorities for impairment under the bylaws of the System institution.
“(C) EFFECT OF STATE LAW.—
“(i) IN GENERAL.—The provisions of subparagraph (A) shall not supersede the law of any State except to the extent such law is inconsistent with the provisions of such subparagraph, and then only to the extent of the inconsistency.
“(ii) PROCEDURE FOR DETERMINATION OF INCONSISTENCY.—Upon the Corporation's own motion or upon the request of any person with a claim described in subparagraph (A) or any State which is submitted to the Corporation in accordance with procedures which the Corporation shall prescribe, the Corporation shall determine whether any provision of the law of any State is inconsistent with any provision of subparagraph (A) and the extent of any such inconsistency.
“(iii) JUDICIAL REVIEW.—The final determination of the Corporation under clause (ii) shall be subject to judicial review under chapter 7 of title 5, United States Code.
“(12) SUSPENSION OF LEGAL ACTIONS.—
“(13) ADDITIONAL RIGHTS AND DUTIES.—
“(A) PRIOR FINAL ADJUDICATION.—The Corporation shall abide by any final unappealable judgment of any court of competent jurisdiction which was rendered before the appointment of the Corporation as conservator or receiver.
“(B) RIGHTS AND REMEDIES OF CONSERVATOR OR RECEIVER.—In the event of any appealable judgment, the Corporation as conservator or receiver shall—
“(D) LIMITATION ON JUDICIAL REVIEW.—Except as otherwise provided in this subsection, no court shall have jurisdiction over—
“(E) DISPOSITION OF ASSETS.—In exercising any right, power, privilege, or authority as receiver in connection with any sale or disposition of assets of any System institution for which the Corporation is acting as receiver, the Corporation shall, to the maximum extent practicable, conduct its operations in a manner which—
“(14) STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT BY CONSERVATOR OR RECEIVER.—
“(A) IN GENERAL.—Notwithstanding any provision of any contract, the applicable statute of limitations with regard to any action brought by the Corporation as conservator or receiver shall be—
“(B) DETERMINATION OF THE DATE ON WHICH A CLAIM ACCRUES.—For purposes of subparagraph (A), the date on which the statute of limitations begins to run on any claim described in such subparagraph shall be the later of—
“(C) REVIVAL OF EXPIRED STATE CAUSES OF ACTION.—
“(i) IN GENERAL.—In the case of any tort claim described in clause (ii) for which the statute of limitation applicable under State law with respect to such claim has expired not more than 5 years before the appointment of the Corporation as conservator or receiver, the Corporation may bring an action as conservator or receiver on such claim without regard to the expiration of the statute of limitation applicable under State law.
“(15) ACCOUNTING AND RECORDKEEPING REQUIREMENTS.—
“(A) IN GENERAL.—The Corporation as conservator or receiver shall, consistent with the accounting and reporting practices and procedures established by the Corporation, maintain a full accounting of each conservatorship and receivership or other disposition of System institutions in default.
“(B) ANNUAL ACCOUNTING OR REPORT.—With respect to each conservatorship or receivership to which the Corporation was appointed, the Corporation shall make an annual accounting or report, as appropriate, available to the Farm Credit Administration Board.
“(C) AVAILABILITY OF REPORTS.—Any report prepared pursuant to subparagraph (B) shall be made available by the Corporation upon request to any stockholder of the System institution for which the Corporation was appointed conservator or receiver or any other member of the public.
“(D) RECORDKEEPING REQUIREMENT.—
“(i) IN GENERAL.—Except as provided in clause (ii), after the end of the 6-year period beginning on the date the Corporation is appointed as receiver of a System institution, the Corporation may destroy any records of such System institution which the Corporation, in the Corporation's discretion, determines to be unnecessary unless directed not to do so by a court of competent jurisdiction or governmental agency, or prohibited by law.
“(ii) OLD RECORDS.—Notwithstanding clause (i), the Corporation may destroy records of a System institution which are at least 10 years old as of the date on which the Corporation is appointed as the receiver of such System institution in accordance with clause (i) at any time after such appointment is final, without regard to the 6-year period of limitation contained in clause (i).
“(16) FRAUDULENT TRANSFERS.—
“(A) IN GENERAL.—The Corporation, as conservator or receiver for any System institution, may avoid a transfer of any interest of a System institution-affiliated party, or any person who the Corporation determines is a debtor of the System institution, in property, or any obligation incurred by such party or person, that was made within 5 years of the date on which the Corporation was appointed conservator or receiver if such party or person voluntarily or involuntarily made such transfer or incurred such liability with the intent to hinder, delay, or defraud the System institution, the Farm Credit Administration, or the Corporation.
“(B) RIGHT OF RECOVERY.—To the extent a transfer is avoided under subparagraph (A), the Corporation may recover, for the benefit of the System institution, the property transferred, or, if a court so orders, the value of such property (at the time of such transfer) from—
“(17) ATTACHMENT OF ASSETS AND OTHER INJUNCTIVE RELIEF.—Subject to paragraph (18), any court of competent jurisdiction may, at the request of the Corporation (in the Corporation's capacity as conservator or receiver for any System institution or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 5.61), issue an order in accordance with Rule 65 of the Federal Rules of Civil Procedure, including an order placing the assets of any person designated by the Corporation under the control of the court and appointing a trustee to hold such assets.
“(18) STANDARDS.—
“(A) SHOWING.—Rule 65 of the Federal Rules of Civil Procedure shall apply with respect to any proceeding under paragraph (17) without regard to the requirement of such rule that the applicant show that the injury, loss, or damage is irreparable and immediate.
“(B) STATE PROCEEDING.—If, in the case of any proceeding in a State court, the court determines that rules of civil procedure available under the laws of such State provide substantially similar protections to such party's right to due process as Rule 65 (as modified with respect to such proceeding by subparagraph (A)), the relief sought by the Corporation pursuant to paragraph (17) may be requested under the laws of such State.
“(19) TREATMENT OF CLAIMS ARISING FROM BREACH OF CONTRACTS EXECUTED BY THE RECEIVER OR CONSERVATOR.—Notwithstanding any other provision of this subsection, any final and unappealable judgment for monetary damages entered against a receiver or conservator for a System institution for the breach of an agreement executed or approved by such receiver or conservator after the date of its appointment shall be paid as an administrative expense of the receiver or conservator. Nothing in this paragraph shall be construed to limit the power of a receiver or conservator to exercise any rights under contract or law, including terminating, breaching, canceling, or otherwise discontinuing such agreement.
“(c) Provisions relating to contracts entered into before appointment of conservator or receiver.—
“(1) AUTHORITY TO REPUDIATE CONTRACTS.—In addition to any other rights a conservator or receiver may have, the conservator or receiver for a System institution may disaffirm or repudiate any contract or lease—
“(2) TIMING OF REPUDIATION.—The Corporation as conservator or receiver for any System institution shall determine whether or not to exercise the rights of repudiation under this subsection within a reasonable period following such appointment.
“(3) CLAIMS FOR DAMAGES FOR REPUDIATION.—
“(A) IN GENERAL.—Except as otherwise provided in subparagraph (C) and paragraphs (4), (5), and (6), the liability of the conservator or receiver for the disaffirmance or repudiation of any contract pursuant to paragraph (1) shall be—
“(B) NO LIABILITY FOR OTHER DAMAGES.—For purposes of subparagraph (A), the term ‘actual direct compensatory damages’ does not include—
“(C) MEASURE OF DAMAGES FOR REPUDIATION OF FINANCIAL CONTRACTS.—In the case of any qualified financial contract or agreement to which paragraph (8) applies, compensatory damages shall be—
“(4) LEASES UNDER WHICH THE SYSTEM INSTITUTION IS THE LESSEE.—
“(A) IN GENERAL.—If the conservator or receiver disaffirms or repudiates a lease under which the System institution was the lessee, the conservator or receiver shall not be liable for any damages (other than damages determined pursuant to subparagraph (B)) for the disaffirmance or repudiation of such lease.
“(B) PAYMENTS OF RENT.—Notwithstanding subparagraph (A), the lessor under a lease to which such subparagraph applies shall—
“(5) LEASES UNDER WHICH THE SYSTEM INSTITUTION IS THE LESSOR.—
“(A) IN GENERAL.—If the conservator or receiver repudiates an unexpired written lease of real property of the System institution under which the System institution is the lessor and the lessee is not, as of the date of such repudiation, in default, the lessee under such lease may either—
“(B) PROVISIONS APPLICABLE TO LESSEE REMAINING IN POSSESSION.—If any lessee under a lease described in subparagraph (A) remains in possession of a leasehold interest pursuant to clause (ii) of such subparagraph—
“(6) CONTRACTS FOR THE SALE OF REAL PROPERTY.—
“(A) IN GENERAL.—If the conservator or receiver repudiates any contract (which repudiates any contract that meets the requirements of paragraphs (1) through (4) of section 5.61(d) for the sale of real property, and the purchaser of such real property under such contract is in possession and is not, as of the date of such repudiation, in default, such purchaser may either—
“(B) PROVISIONS APPLICABLE TO PURCHASER REMAINING IN POSSESSION.—If any purchaser of real property under any contract described in subparagraph (A) remains in possession of such property pursuant to clause (ii) of such subparagraph—
“(i) the purchaser—
“(C) ASSIGNMENT AND SALE ALLOWED.—
“(i) IN GENERAL.—No provision of this paragraph shall be construed as limiting the right of the conservator or receiver to assign the contract described in subparagraph (A) and sell the property subject to the contract and this paragraph.
“(ii) NO LIABILITY AFTER ASSIGNMENT AND SALE.—If an assignment and sale described in clause (i) is consummated, the Corporation, acting as conservator or receiver, shall have no further liability under the applicable contract described in subparagraph (A) or with respect to the real property which was the subject of such contract.
“(7) PROVISIONS APPLICABLE TO SERVICE CONTRACTS.—
“(A) SERVICES PERFORMED BEFORE APPOINTMENT.—In the case of any contract for services between any person and any System institution for which the Corporation has been appointed conservator or receiver, any claim of such person for services performed before the appointment of the conservator or the receiver shall be—
“(B) SERVICES PERFORMED AFTER APPOINTMENT AND PRIOR TO REPUDIATION.—If, in the case of any contract for services described in subparagraph (A), the conservator or receiver accepts performance by the other person before the conservator or receiver makes any determination to exercise the right of repudiation of such contract under this section—
“(C) ACCEPTANCE OF PERFORMANCE NO BAR TO SUBSEQUENT REPUDIATION.—The acceptance by any conservator or receiver of services referred to in subparagraph (B) in connection with a contract described in such subparagraph shall not affect the right of the conservator or receiver, to repudiate such contract under this section at any time after such performance.
“(8) CERTAIN QUALIFIED FINANCIAL CONTRACTS.—
“(A) DEFINITIONS.—In this paragraph:
“(i) COMMODITY CONTRACT.—The term ‘commodity contract’ means—
“(I) with respect to a futures commission merchant, a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade;
“(IV) with respect to a clearing organization, a contract for the purchase or sale of a commodity for future delivery on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization, or commodity option traded on, or subject to the rules of, a contract market or board of trade that is cleared by such clearing organization;
“(VI) any other agreement or transaction that is similar to any agreement or transaction referred to in this clause;
“(IX) a master agreement that provides for an agreement or transaction referred to in any of subclauses (I) through (VIII), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a commodity contract under this clause, except that the master agreement shall be considered to be a commodity contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), (III), (IV), (V), (VI), (VII), or (VIII); or
“(ii) FORWARD CONTRACT.—The term ‘forward contract’ means—
“(I) a contract (other than a commodity contract) for the purchase, sale, or transfer of a commodity or any similar good, article, service, right, or interest which is presently or in the future becomes the subject of dealing in the forward contract trade, or product or byproduct thereof, with a maturity date more than 2 days after the date the contract is entered into, including a repurchase or reverse repurchase transaction (whether or not such repurchase or reverse repurchase transaction is a repurchase agreement), consignment, lease, swap, hedge transaction, deposit, loan, option, allocated transaction, unallocated transaction, or any other similar agreement;
“(IV) a master agreement that provides for an agreement or transaction referred to in subclauses (I) through (III), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a forward contract under this clause, except that the master agreement shall be considered to be a forward contract under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), or (III); or
“(iv) QUALIFIED FINANCIAL CONTRACT.—The term ‘qualified financial contract’ means any securities contract, commodity contract, forward contract, repurchase agreement, swap agreement, and any similar agreement that the Corporation determines by regulation, resolution, or order to be a qualified financial contract for purposes of this paragraph.
“(v) REPURCHASE AGREEMENT.—
“(I) IN GENERAL.—The term ‘repurchase agreement’ (including with respect to a reverse repurchase agreement)—
“(aa) means—
“(AA) an agreement, including related terms, which provides for the transfer of one or more certificates of deposit, mortgage-related securities (as such term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))), mortgage loans, interests in mortgage-related securities or mortgage loans, eligible bankers' acceptances, qualified foreign government securities or securities that are direct obligations of, or that are fully guaranteed by, the United States or any agency of the United States against the transfer of funds by the transferee of such certificates of deposit, eligible bankers' acceptances, securities, mortgage loans, or interests with a simultaneous agreement by such transferee to transfer to the transferor thereof certificates of deposit, eligible bankers' acceptances, securities, mortgage loans, or interests as described above, at a date certain not later than 1 year after such transfers or on demand, against the transfer of funds, or any other similar agreement;
“(BB) any combination of agreements or transactions referred to in subitems (AA) and (CC);
“(CC) any option to enter into any agreement or transaction referred to in subitem (AA) or (BB);
“(DD) a master agreement that provides for an agreement or transaction referred to in subitem (AA), (BB), or (CC), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a repurchase agreement under this item, except that the master agreement shall be considered to be a repurchase agreement under this item only with respect to each agreement or transaction under the master agreement that is referred to in subitem (AA), (BB), or (CC); and
“(EE) any security agreement or arrangement or other credit enhancement related to any agreement or transaction referred to in any of subitems (AA) through (DD), including any guarantee or reimbursement obligation in connection with any agreement or transaction referred to in any such subitem; and
“(II) RELATED DEFINITION.—For purposes of subclause (I)(aa), the term ‘qualified foreign government security’ means a security that is a direct obligation of, or that is fully guaranteed by, the central government of a member of the Organization for Economic Cooperation and Development (as determined by regulation or order adopted by the appropriate Federal banking authority).
“(vi) SECURITIES CONTRACT.—The term ‘securities contract’—
“(I) means—
“(aa) a contract for the purchase, sale, or loan of a security, a certificate of deposit, a mortgage loan, any interest in a mortgage loan, a group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or any option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option, and including any repurchase or reverse repurchase transaction on any such security, certificate of deposit, mortgage loan, interest, group or index, or option (whether or not the repurchase or reverse repurchase transaction is a repurchase agreement);
“(cc) the guarantee (including by novation) by or to any securities clearing agency of any settlement of cash, securities, certificates of deposit, mortgage loans or interests therein, group or index of securities, certificates of deposit, or mortgage loans or interests therein (including any interest therein or based on the value thereof) or option on any of the foregoing, including any option to purchase or sell any such security, certificate of deposit, mortgage loan, interest, group or index, or option (whether or not the settlement is in connection with any agreement or transaction referred to in any of items (aa), (bb), and (dd) through (kk));
“(ff) any loan transaction coupled with a securities collar transaction, any prepaid securities forward transaction, or any total return swap transaction coupled with a securities sale transaction;
“(gg) any other agreement or transaction that is similar to any agreement or transaction referred to in this subclause;
“(jj) a master agreement that provides for an agreement or transaction referred to in any of items (aa) through (ii), together with all supplements to any such master agreement, without regard to whether the master agreement provides for an agreement or transaction that is not a securities contract under this subclause, except that the master agreement shall be considered to be a securities contract under this subclause only with respect to each agreement or transaction under the master agreement that is referred to in item (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), or (ii); and
“(vii) SWAP AGREEMENT.—The term ‘swap agreement’ means—
“(I) any agreement, including the terms and conditions incorporated by reference in any such agreement, that is—
“(aa) an interest rate swap, option, future, or forward agreement, including a rate floor, rate cap, rate collar, cross-currency rate swap, and basis swap;
“(II) any agreement or transaction that is similar to any other agreement or transaction referred to in this clause and that is of a type that has been, is presently, or in the future becomes, the subject of recurrent dealings in the swap or other derivatives markets (including terms and conditions incorporated by reference in such agreement) and that is a forward, swap, future, option or spot transaction on one or more rates, currencies, commodities, equity securities or other equity instruments, debt securities or other debt instruments, quantitative measures associated with an occurrence, extent of an occurrence, or contingency associated with a financial, commercial, or economic consequence, or economic or financial indices or measures of economic or financial risk or value;
“(V) a master agreement that provides for an agreement or transaction referred to in any of subclauses (I) through (IV), together with all supplements to any such master agreement, without regard to whether the master agreement contains an agreement or transaction that is not a swap agreement under this clause, except that the master agreement shall be considered to be a swap agreement under this clause only with respect to each agreement or transaction under the master agreement that is referred to in subclause (I), (II), (III), or (IV); and
“(viii) TRANSFER.—The term ‘transfer’ means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with property or with an interest in property, including retention of title as a security interest and foreclosure of the equity of redemption of a System institution.
“(ix) TREATMENT OF MASTER AGREEMENT AS 1 AGREEMENT.—For purposes of this subparagraph—
“(B) RIGHTS OF PARTIES TO CONTRACTS.—Subject to paragraphs (9) and (10), and notwithstanding any other provision of this Act (other than subsection (b)(9) and section 5.61(d)) or any other Federal or State law, no person shall be stayed or prohibited from exercising—
“(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified financial contract with a System institution which arises upon the appointment of the Corporation as receiver for such System institution at any time after such appointment;
“(C) APPLICABILITY OF OTHER PROVISIONS.—Subsection (b)(12) shall apply in the case of any judicial action or proceeding brought against any receiver referred to in subparagraph (A), or the System institution for which such receiver was appointed, by any party to a contract or agreement described in subparagraph (B)(i) with such System institution.
“(D) CERTAIN TRANSFERS NOT AVOIDABLE.—
“(i) IN GENERAL.—Notwithstanding paragraph (11) or any other Federal or State law relating to the avoidance of preferential or fraudulent transfers, the Corporation, whether acting as such or as conservator or receiver of a System institution, may not avoid any transfer of money or other property in connection with any qualified financial contract with a System institution.
“(ii) EXCEPTION FOR CERTAIN TRANSFERS.—Clause (i) shall not apply to any transfer of money or other property in connection with any qualified financial contract with a System institution if the Corporation determines that the transferee had actual intent to hinder, delay, or defraud such System institution, the creditors of such System institution, or any conservator or receiver appointed for such System institution.
“(E) CERTAIN PROTECTIONS IN EVENT OF APPOINTMENT OF CONSERVATOR.—Notwithstanding any other provision of this Act (other than subparagraph (G), paragraph (10), subsection (b)(9), and section 5.61(d)) or any other Federal or State law, no person shall be stayed or prohibited from exercising—
“(i) any right such person has to cause the termination, liquidation, or acceleration of any qualified financial contract with a System institution in a conservatorship based upon a default under such financial contract which is enforceable under applicable noninsolvency law;
“(F) CLARIFICATION.—No provision of law shall be construed as limiting the right or power of the Corporation, or authorizing any court or agency to limit or delay, in any manner, the right or power of the Corporation to transfer any qualified financial contract in accordance with paragraphs (9) and (10) or to disaffirm or repudiate any such contract in accordance with paragraph (1).
“(G) WALKAWAY CLAUSES NOT EFFECTIVE.—
“(i) DEFINITION OF WALKAWAY CLAUSE.—In this subparagraph, the term ‘walkaway clause’ means any provision in a qualified financial contract that suspends, conditions, or extinguishes a payment obligation of a party, in whole or in part, or does not create a payment obligation of a party that would otherwise exist—
“(ii) TREATMENT.—Notwithstanding the provisions of subparagraphs (B) and (E), no walkaway clause shall be enforceable in a qualified financial contract of a System institution in default.
“(iii) LIMITED SUSPENSION OF CERTAIN OBLIGATIONS.—In the case of a qualified financial contract referred to in clause (ii), any payment or delivery obligations otherwise due from a party pursuant to the qualified financial contract shall be suspended from the time the receiver is appointed until the earlier of—
“(H) RECORDKEEPING REQUIREMENTS.—The Corporation, in consultation with the Farm Credit Administration, may prescribe regulations requiring more detailed recordkeeping by any System institution with respect to qualified financial contracts (including market valuations), only if such System institution is subject to subclause (I), (III), or (IV) of section 5.61B(a)(1)(A)(ii).
“(9) TRANSFER OF QUALIFIED FINANCIAL CONTRACTS.—
“(A) DEFINITIONS.—In this paragraph:
“(i) CLEARING ORGANIZATION.—The term ‘clearing organization’ has the meaning given the term in section 402 of the Federal Deposit Insurance Corporation Improvement Act of 1991 (12 U.S.C. 4402).
“(B) REQUIREMENT.—In making any transfer of assets or liabilities of a System institution in default which includes any qualified financial contract, the conservator or receiver for such System institution shall either—
“(i) transfer to one financial institution, other than a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed, or that is otherwise the subject of a bankruptcy or insolvency proceeding—
“(I) all qualified financial contracts between any person or any affiliate of such person and the System institution in default;
“(II) all claims of such person or any affiliate of such person against such System institution under any such contract (other than any claim which, under the terms of any such contract, is subordinated to the claims of general unsecured creditors of such System institution);
“(C) TRANSFER TO FOREIGN BANK, FOREIGN FINANCIAL INSTITUTION, OR BRANCH OR AGENCY OF A FOREIGN BANK OR FINANCIAL INSTITUTION.—In transferring any qualified financial contracts and related claims and property under subparagraph (B)(i), the conservator or receiver for the System institution shall not make such transfer to a foreign bank, financial institution organized under the laws of a foreign country, or a branch or agency of a foreign bank or financial institution unless, under the law applicable to such bank, financial institution, branch or agency, to the qualified financial contracts, and to any netting contract, any security agreement or arrangement or other credit enhancement related to one or more qualified financial contracts, the contractual rights of the parties to such qualified financial contracts, netting contracts, security agreements or arrangements, or other credit enhancements are enforceable substantially to the same extent as permitted under this section.
“(D) TRANSFER OF CONTRACTS SUBJECT TO THE RULES OF A CLEARING ORGANIZATION.—In the event that a conservator or receiver transfers any qualified financial contract and related claims, property, and credit enhancements pursuant to subparagraph (B)(i) and such contract is cleared by or subject to the rules of a clearing organization, the clearing organization shall not be required to accept the transferee as a member by virtue of the transfer.
“(10) NOTIFICATION OF TRANSFER.—
“(A) DEFINITION OF BUSINESS DAY.—In this paragraph, the term ‘business day’ means any day other than any Saturday, Sunday, or any day on which either the New York Stock Exchange or the Federal Reserve Bank of New York is closed.
“(B) NOTIFICATION.—If—
“(i) the conservator or receiver for a System institution in default makes any transfer of the assets and liabilities of such System institution; and
“(ii) the transfer includes any qualified financial contract, the conservator or receiver shall notify any person who is a party to any such contract of such transfer by 5:00 p.m. (eastern time) on the business day following the date of the appointment of the receiver in the case of a receivership, or the business day following such transfer in the case of a conservatorship.
“(C) CERTAIN RIGHTS NOT ENFORCEABLE.—
“(i) RECEIVERSHIP.—A person who is a party to a qualified financial contract with a System institution may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(B) of this subsection, solely by reason of or incidental to the appointment of a receiver for the System institution (or the insolvency or financial condition of the System institution for which the receiver has been appointed)—
“(ii) CONSERVATORSHIP.—A person who is a party to a qualified financial contract with a System institution may not exercise any right that such person has to terminate, liquidate, or net such contract under paragraph (8)(E) of this subsection, solely by reason of or incidental to the appointment of a conservator for the System institution (or the insolvency or financial condition of the System institution for which the conservator has been appointed).
“(iii) NOTICE.—For purposes of this paragraph, the Corporation as receiver or conservator of a System institution shall be deemed to have notified a person who is a party to a qualified financial contract with such System institution if the Corporation has taken steps reasonably calculated to provide notice to such person by the time specified in subparagraph (B).
“(D) TREATMENT OF BRIDGE SYSTEM INSTITUTIONS.—The following System institutions shall not be considered to be a financial institution for which a conservator, receiver, trustee in bankruptcy, or other legal custodian has been appointed or which is otherwise the subject of a bankruptcy or insolvency proceeding for purposes of paragraph (9):
“(11) DISAFFIRMANCE OR REPUDIATION OF QUALIFIED FINANCIAL CONTRACTS.—In exercising the rights of disaffirmance or repudiation of a conservator or receiver with respect to any qualified financial contract to which a System institution is a party, the conservator or receiver for such System institution shall either—
“(12) CERTAIN SECURITY INTERESTS NOT AVOIDABLE.—No provision of this subsection shall be construed as permitting the avoidance of any legally enforceable or perfected security interest in any of the assets of any System institution except where such an interest is taken in contemplation of the System institution's insolvency or with the intent to hinder, delay, or defraud the System institution or the creditors of such System institution.
“(13) AUTHORITY TO ENFORCE CONTRACTS.—
“(A) IN GENERAL.—The conservator or receiver may enforce any contract, other than a director's or officer's liability insurance contract or a System institution bond, entered into by the System institution notwithstanding any provision of the contract providing for termination, default, acceleration, or exercise of rights upon, or solely by reason of, insolvency or the appointment of or the exercise of rights or powers by a conservator or receiver.
“(B) CERTAIN RIGHTS NOT AFFECTED.—No provision of this paragraph may be construed as impairing or affecting any right of the conservator or receiver to enforce or recover under a director's or officer's liability insurance contract or institution bond under other applicable law.
“(C) CONSENT REQUIREMENT.—
“(i) IN GENERAL.—Except as otherwise provided by this section, no person may exercise any right or power to terminate, accelerate, or declare a default under any contract to which the System institution is a party, or to obtain possession of or exercise control over any property of the System institution or affect any contractual rights of the System institution, without the consent of the conservator or receiver, as appropriate, during the 45-day period beginning on the date of the appointment of the conservator, or during the 90-day period beginning on the date of the appointment of the receiver, as applicable.
“(ii) CERTAIN EXCEPTIONS.—No provision of this subparagraph shall apply to a director or officer liability insurance contract or an institution bond, to the rights of parties to certain qualified financial contracts pursuant to paragraph (8), or shall be construed as permitting the conservator or receiver to fail to comply with otherwise enforceable provisions of such contract.
“(14) EXCEPTION FOR FEDERAL RESERVE AND THE UNITED STATES TREASURY.—No provision of this subsection shall apply with respect to—
“(15) SAVINGS CLAUSE.—The meanings of terms used in this subsection—
“(B) shall not be construed or applied so as to challenge or affect the characterization, definition, or treatment of any similar terms under any other law, regulation, or rule, including—
“(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811 note; Public Law 106–102);
“(ii) the Legal Certainty for Bank Products Act of 2000 (7 U.S.C. 27 et seq.);
“(iii) the securities laws (as that term is defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); and
“(iv) the Commodity Exchange Act (7 U.S.C. 1 et seq.).
“(d) Valuation of claims in default.—
“(1) IN GENERAL.—Notwithstanding any other provision of Federal law or the law of any State and regardless of the method which the Corporation determines to utilize with respect to a System institution in default or in danger of default, including transactions authorized under subsection (h) and section 5.61(a), this subsection shall govern the rights of the creditors of such System institution.
“(2) MAXIMUM LIABILITY.—The maximum liability of the Corporation, acting as receiver or in any other capacity, to any person having a claim against the receiver or the System institution for which such receiver is appointed shall equal the amount such claimant would have received if the Corporation had liquidated the assets and liabilities of such System institution without exercising the Corporation's authority under subsection (h) or section 5.61(a).
“(3) ADDITIONAL PAYMENTS AUTHORIZED.—
“(A) IN GENERAL.—The Corporation may, in its discretion and in the interests of minimizing its losses, use its own resources to make additional payments or credit additional amounts to or with respect to or for the account of any claimant or category of claimants. Notwithstanding any other provision of Federal or State law, or the constitution of any State, the Corporation shall not be obligated, as a result of having made any such payment or credited any such amount to or with respect to or for the account of any claimant or category of claimants, to make payments to any other claimant or category of claimants.
“(e) Limitation on court action.—Except as provided in this section, no court may take any action, except at the written request of the Board of Directors, to restrain or affect the exercise of powers or functions of the Corporation as a conservator or a receiver.
“(f) Liability of directors and officers.—
“(1) IN GENERAL.—A director or officer of a System institution may be held personally liable for monetary damages in any civil action—
“(g) Damages.—In any proceeding related to any claim against a System institution's director, officer, employee, agent, attorney, accountant, appraiser, or any other party employed by or providing services to a System institution, recoverable damages determined to result from the improvident or otherwise improper use or investment of any System institution's assets shall include principal losses and appropriate interest.
“(h) Bridge farm credit system banks.—
“(1) ORGANIZATION.—
“(A) PURPOSE.—
“(i) IN GENERAL.—When 1 or more System banks are in default, or when the Corporation anticipates that 1 or more System banks may become in default, the Corporation may, in its discretion, organize, and the Farm Credit Administration may, in its discretion, charter, 1 or more System banks, with the powers and attributes of System banks, subject to the provisions of this subsection, to be referred to as ‘bridge System banks’.
“(ii) INTENT OF CONGRESS.—It is the intent of the Congress that, in order to prevent unnecessary hardship or losses to the customers of any System bank in default with respect to which a bridge System bank is chartered, the Corporation should—
“(B) AUTHORITIES.—Once chartered by the Farm Credit Administration, the bridge System bank may—
“(i) assume such liabilities of the System bank or banks in default or in danger of default as the Corporation may, in its discretion, determine to be appropriate;
“(2) CHARTERING.—
“(A) CONDITIONS.—The Farm Credit Administration may charter a bridge System bank only if the Board of Directors determines that—
“(i) the amount which is reasonably necessary to operate such bridge System bank will not exceed the amount which is reasonably necessary to save the cost of liquidating 1 or more System banks in default or in danger of default with respect to which the bridge System bank is chartered;
“(ii) the continued operation of such System bank or banks in default or in danger of default with respect to which the bridge System bank is chartered is essential to provide adequate farm credit services in the 1 or more communities where each such System bank in default or in danger of default is or was providing those farm credit services; or
“(B) BRIDGE SYSTEM BANK TREATED AS BEING IN DEFAULT FOR CERTAIN PURPOSES.—A bridge System bank shall be treated as being in default at such times and for such purposes as the Corporation may, in its discretion, determine.
“(3) TRANSFER OF ASSETS AND LIABILITIES.—
“(A) TRANSFER UPON GRANT OF CHARTER.—Upon the granting of a charter to a bridge System bank pursuant to this subsection, the Corporation, as receiver, may transfer any assets and liabilities of the System bank to the bridge System bank in accordance with paragraph (1).
“(4) POWERS OF BRIDGE SYSTEM BANKS.—Each bridge System bank chartered under this subsection shall, to the extent described in the charter of the System bank in default with respect to which the bridge System bank is chartered, have all corporate powers of, and be subject to the same provisions of law as, any System bank, except that—
“(A) the Corporation may—
“(ii) fix the compensation of members of the interim board of directors and the board of directors and senior management, as determined by the Corporation in its discretion, of a bridge System bank; and
“(iii) waive any requirement established under Federal or State law which would otherwise be applicable with respect to directors of a bridge System bank, on the condition that the waiver of any requirement established by the Farm Credit Administration shall require the concurrence of the Farm Credit Administration;
“(B) the Corporation may indemnify the representatives for purposes of paragraph (1)(B) and the interim directors, directors, officers, employees, and agents of a bridge System bank on such terms as the Corporation determines to be appropriate;
“(C) no requirement under any provision of law relating to the capital of a System institution shall apply with respect to a bridge System bank;
“(D) the Farm Credit Administration Board may establish a limitation on the extent to which any person may become indebted to a bridge System bank without regard to the amount of the bridge System bank's capital or surplus;
“(E) (i) the board of directors of a bridge System bank shall elect a chairperson who may also serve in the position of chief executive officer, except that such person shall not serve either as chairperson or as chief executive officer without the prior approval of the Corporation; and
“(F) the Farm Credit Administration may waive any requirement for a fidelity bond with respect to a bridge System bank at the request of the Corporation;
“(G) any judicial action to which a bridge System bank becomes a party by virtue of its acquisition of any assets or assumption of any liabilities of a System bank in default shall be stayed from further proceedings for a period of up to 45 days at the request of the bridge System bank;
“(H) no agreement which tends to diminish or defeat the right, title or interest of a bridge System bank in any asset of a System bank in default acquired by it shall be valid against the bridge System bank unless such agreement—
“(ii) was executed by such System bank in default and the person or persons claiming an adverse interest thereunder, including the obligor, contemporaneously with the acquisition of the asset by such System bank in default;
“(I) notwithstanding subsection 5.61(d)(2), any agreement relating to an extension of credit between a System bank, Federal Reserve bank, or the United States Treasury and any System institution which was executed before the extension of credit by such lender to such System institution shall be treated as having been executed contemporaneously with such extension of credit for purposes of subparagraph (H); and
“(J) except with the prior approval of the Corporation and the concurrence of the Farm Credit Administration, a bridge System bank may not, in any transaction or series of transactions, issue capital stock or be a party to any merger, consolidation, disposition of substantially all of the assets or liabilities of the bridge System bank, sale or exchange of capital stock, or similar transaction, or change its charter.
“(5) CAPITAL.—
“(A) NO CAPITAL REQUIRED.—The Corporation shall not be required to—
“(ii) purchase any capital stock of a bridge System bank, except that notwithstanding any other provision of Federal or State law, the Corporation may purchase and retain capital stock of a bridge System bank in such amounts and on such terms as the Corporation, in its discretion, determines to be appropriate.
“(B) OPERATING FUNDS IN LIEU OF CAPITAL.—Upon the organization of a bridge System bank, and thereafter, as the Corporation may, in its discretion, determine to be necessary or advisable, the Corporation may make available to the bridge System bank, upon such terms and conditions and in such form and amounts as the Corporation may in its discretion determine, funds for the operation of the bridge System bank in lieu of capital.
“(C) AUTHORITY TO ISSUE CAPITAL STOCK.—Whenever the Farm Credit Administration Board determines it is advisable to do so, the Corporation shall cause capital stock of a bridge System bank to be issued and offered for sale in such amounts and on such terms and conditions as the Corporation may, in its discretion, determine.
“(6) EMPLOYEE STATUS.—Representatives for purposes of paragraph (1)(C), interim directors, directors, officers, employees, or agents of a bridge System bank are not, solely by virtue of service in any such capacity, officers or employees of the United States. Any employee of the Corporation, the Farm Credit Administration, or any Federal instrumentality who serves at the request of the Corporation as a representative for purposes of paragraph (1)(C), interim director, director, officer, employee, or agent of a bridge System bank shall not—
“(7) ASSISTANCE AUTHORIZED.—The Corporation may, in its discretion, provide assistance under section 5.61(a) to facilitate any merger or consolidation of a bridge System bank in the same manner and to the same extent as such assistance may be provided to a qualifying insured System bank (as defined in section 5.61(a)(2)(B)) or to facilitate a bridge System bank's acquisition of any assets or the assumption of any liabilities of a System bank in default or in danger of default.
“(8) DURATION OF BRIDGE SYSTEM BANKS.—Subject to paragraphs (10) and (11), the status of a bridge System bank as such shall terminate at the end of the 2-year period following the date it was granted a charter. The Farm Credit Administration Board may, in its discretion, extend the status of the bridge System bank as such for 3 additional 1-year periods.
“(9) TERMINATION OF BRIDGE SYSTEM BANKS STATUS.—The status of any bridge System bank as such shall terminate upon the earliest of—
“(A) the merger or consolidation of the bridge System bank with a System institution that is not a bridge System bank, on the condition that the merger or consolidation shall be subject to the approval of the Farm Credit Administration;
“(B) at the election of the Corporation and with the approval of the Farm Credit Administration, the sale of a majority or all of the capital stock of the bridge System bank to a System institution or another bridge System bank;
“(C) at the election of the Corporation, and with the approval of the Farm Credit Administration, either the assumption of all or substantially all of the liabilities of the bridge System bank, or the acquisition of all or substantially all of the assets of the bridge System bank, by a System institution that is not a bridge System bank or other entity as permitted under applicable law; and
“(10) EFFECT OF TERMINATION EVENTS.—
“(A) MERGER OR CONSOLIDATION.—A bridge System bank that participates in a merger or consolidation as provided in paragraph (9)(A) shall be for all purposes a System institution, with all the rights, powers, and privileges thereof, and such merger or consolidation shall be conducted in accordance with, and shall have the effect provided in, the provisions of applicable law.
“(B) CHARTER CONVERSION.—Following the sale of a majority or all of the capital stock of the bridge System bank as provided in paragraph (9)(B), the Farm Credit Administration Board may amend the charter of the bridge System bank to reflect the termination of the status of the bridge System bank as such, whereupon the System bank shall remain a System bank, with all of the rights, powers, and privileges thereof, subject to all laws and regulations applicable thereto.
“(C) ASSUMPTION OF LIABILITIES AND SALE OF ASSETS.—Following the assumption of all or substantially all of the liabilities of the bridge System bank, or the sale of all or substantially all of the assets of the bridge System bank, as provided in paragraph (9)(C), at the election of the Corporation, the bridge System bank may retain its status as such for the period provided in paragraph (8).
“(D) AMENDMENTS TO CHARTER.—Following the consummation of a transaction described in subparagraph (A), (B), or (C) of paragraph (9), the charter of the resulting System institution shall be amended by the Farm Credit Administration to reflect the termination of bridge System bank status, if appropriate.
“(11) DISSOLUTION OF BRIDGE SYSTEM BANK.—
“(A) IN GENERAL.—Notwithstanding any other provision of State or Federal law, if the bridge System bank's status as such has not previously been terminated by the occurrence of an event specified in subparagraph (A), (B), or (C) of paragraph (9)—
“(i) the Corporation, after consultation with the Farm Credit Administration, may, in its discretion, dissolve a bridge System bank in accordance with this paragraph at any time; and
“(ii) the Corporation, after consultation with the Farm Credit Administration, shall promptly commence dissolution proceedings in accordance with this paragraph upon the expiration of the 2-year period following the date the bridge System bank was chartered, or any extension thereof, as provided in paragraph (8).
“(B) PROCEDURES.—The Farm Credit Administration Board shall appoint the Corporation as receiver for a bridge System bank upon determining to dissolve the bridge System bank. The Corporation as such receiver shall wind up the affairs of the bridge System bank in conformity with the provisions of law relating to the liquidation of closed System banks. With respect to any such bridge System bank, the Corporation as such receiver shall have all the rights, powers, and privileges and shall perform the duties related to the exercise of such rights, powers, or privileges granted by law to a receiver of any insured System bank and, notwithstanding any other provision of law in the exercise of such rights, powers, and privileges, the Corporation shall not be subject to the direction or supervision of any State agency or other Federal agency.
“(12) MULTIPLE BRIDGE SYSTEM BANKS.—The Corporation may, in the Corporation’s discretion, organize, and the Farm Credit Administration may, in its discretion, charter, 2 or more bridge System banks under this subsection to assume any liabilities and purchase any assets of a single System institution in default.
“(i) Certain sales of assets prohibited.—
“(1) PERSONS WHO ENGAGED IN IMPROPER CONDUCT WITH, OR CAUSED LOSSES TO, SYSTEM INSTITUTIONS.—The Corporation shall prescribe regulations which, at a minimum, shall prohibit the sale of assets of a failed System institution by the Corporation to—
“(A) any person who—
“(i) has defaulted, or was a member of a partnership or an officer or director of a corporation that has defaulted, on 1 or more obligations the aggregate amount of which exceed $1,000,000, to such failed System institution;
“(B) any person who participated, as an officer or director of such failed System institution or of any affiliate of such System institution, in a material way in transactions that resulted in a substantial loss to such failed System institution;
“(C) any person who has been removed from, or prohibited from participating in the affairs of, such failed System institution pursuant to any final enforcement action by the Farm Credit Administration;
“(2) DEFAULTED DEBTORS.—Except as provided in paragraph (3), any person who is in default on any loan or other extension of credit from the System institution, which, if not paid, will cause substantial loss to the System institution or the Corporation, may not purchase any asset from the conservator or receiver.
“(3) SETTLEMENT OF CLAIMS.—Paragraph (1) shall not apply to the sale or transfer by the Corporation of any asset of any System institution to any person if the sale or transfer of the asset resolves or settles, or is part of the resolution or settlement, of—
“(j) Expedited procedures for certain claims.—
“(1) TIME FOR FILING NOTICE OF APPEAL.—The notice of appeal of any order, whether interlocutory or final, entered in any case brought by the Corporation against a System institution's director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to a System institution shall be filed not later than 30 days after the date of entry of the order. The hearing of the appeal shall be held not later than 120 days after the date of the notice of appeal. The appeal shall be decided not later than 180 days after the date of the notice of appeal.
“(2) SCHEDULING.—A court of the United States shall expedite the consideration of any case brought by the Corporation against a System institution's director, officer, employee, agent, attorney, accountant, or appraiser or any other person employed by or providing services to a System institution. As far as practicable the court shall give such case priority on its docket.
“(3) JUDICIAL DISCRETION.—The court may modify the schedule and limitations stated in paragraphs (1) and (2) in a particular case, based on a specific finding that the ends of justice that would be served by making such a modification would outweigh the best interest of the public in having the case resolved expeditiously.
“(k) Bond not required; agents; fee.—The Corporation as conservator or receiver of a System institution shall not be required to furnish bond and may appoint an agent or agents to assist in its duties as such conservator or receiver. All fees, compensation, and expenses of liquidation and administration shall be fixed by the Corporation and may be paid by it out of funds coming into its possession as such conservator or receiver.
(a) Definition of farm loan.—In this section, the term “farm loan” means—
(1) a farm ownership loan under subtitle A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et seq.); and
(2) an operating loan under subtitle B of that Act (7 U.S.C. 1941 et seq.).
(b) Reports.—
(1) PREPARATION.—For each fiscal year, the Secretary shall prepare a report that includes—
(A) aggregate data based on a review of each outstanding farm loan made or guaranteed by the Secretary describing, for the United States and for each State and county in the United States—
(B) for each State and county in the United States, data demonstrating the number of outstanding farm loans made or guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or guaranteed as measured against target participation rates for beginning and socially disadvantaged farmers, broken down by State, as described in sections 346(b)(2) and 355 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994(b)(2), 2003).
(c) Comprehensive review.—
(1) IN GENERAL.—Not later than 4 years after the date of enactment of this Act (and every 5 years thereafter), the Secretary shall—
SEC. 5410. Sense of the Senate.
It is the sense of the Senate that —
(1) sections 346 and 355 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1994, 2003) reserve amounts to incentivize participation in Farm Service Agency loan programs for qualified beginning farmers and ranchers and socially disadvantaged farmers;
SEC. 6101. Water, waste disposal, and wastewater facility grants.
Section 306(a)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(2)(B)) is amended—
SEC. 6102. Rural water and wastewater technical assistance and training programs.
Section 306(a)(14) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(14)) is amended—
(2) by striking subparagraph (B) and inserting the following:
SEC. 6103. Rural water and wastewater circuit rider program.
Section 306(a)(22)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(22)(B)) is amended by striking “$20,000,000 for fiscal year 2014 and each fiscal year thereafter” and inserting “$25,000,000 for each of fiscal years 2019 through 2023”.
SEC. 6104. Tribal college and university essential community facilities.
Section 306(a)(25)(C) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by striking “2018” and inserting “2023”.
SEC. 6105. Community facilities direct loans and grants for substance use disorder treatment services.
Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by adding at the end the following:
“(27) DIRECT LOANS AND GRANTS FOR SUBSTANCE USE DISORDER TREATMENT SERVICES.—
“(A) SELECTION PRIORITY.—In selecting recipients of loans or grants (not including loans guaranteed by the Secretary) for the development of essential community facilities under this section, the Secretary shall give priority to entities eligible for those loans or grants—
SEC. 6106. Emergency and imminent community water assistance grant program.
Section 306A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926a) is amended—
(1) in subsection (b)(1), by striking “; and” and inserting the following: “, particularly to projects to address contamination that—
(4) by inserting after subsection (h) the following:
“(i) Interagency task force on rural water quality.—
“(1) IN GENERAL.—Not later than 90 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall coordinate and chair an interagency task force to examine drinking water and surface water contamination in rural communities, particularly rural communities that are in close proximity to active or decommissioned military installations in the United States.
“(2) MEMBERSHIP.—The interagency task force shall consist of—
“(3) REPORT.—
“(A) IN GENERAL.—Not later than 360 days after the date of enactment of the Agriculture Improvement Act of 2018, the task force shall submit to the committees described in subparagraph (B) a report that—
“(i) examines, and identifies issues relating to, water contamination in rural communities, particularly rural communities that are in close proximity to active or decommissioned military installations in the United States;
“(ii) reviews the extent to which Federal, State, and local government agencies coordinate with one another to address the issues identified under clause (i);
SEC. 6107. Water systems for rural and native villages in Alaska.
Section 306D of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926d) is amended—
(1) in subsection (a), by striking “Alaska for” and inserting “Alaska, a consortium formed pursuant to section 325 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111 Stat. 1597), and Native villages (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)) for”;
(2) in subsection (b), by inserting “for any grant awarded under subsection (a)” before the period at the end; and
(3) in subsection (d)—
(B) in paragraph (2), by striking “Alaska” and inserting “Alaska, and not more than 2 percent of the amount made available under paragraph (1) for a fiscal year may be used by a consortium formed pursuant to section 325 of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105–83; 111 Stat. 1597),”.
SEC. 6108. Rural decentralized water systems.
Section 306E of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926e) is amended—
(3) in subsection (b)—
(B) by striking paragraph (2) and inserting the following:
(C) by adding at the end the following:
“(4) GROUND WELL WATER CONTAMINATION.—In the event of ground well water contamination, the Secretary shall allow a loan or subgrant to be made with grant funds under this section for the installation of water treatment where needed beyond the point of entry, with or without the installation of a new water well system.”;
SEC. 6109. Solid waste management grants.
Section 310B(b)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(b)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 6110. Rural business development grants.
Section 310B(c)(4)(A) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(c)(4)(A)) is amended by striking “2018” and inserting “2023”.
SEC. 6111. Rural cooperative development grants.
Section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)) is amended—
SEC. 6112. Locally or regionally produced agricultural food products.
Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is amended by striking “2018” and inserting “2023”.
SEC. 6113. Appropriate technology transfer for rural areas program.
Section 310B(i)(4) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(i)(4)) is amended by striking “2018” and inserting “2023”.
SEC. 6114. Rural economic area partnership zones.
Section 310B(j) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(j)) is amended by striking “2018” and inserting “2023”.
SEC. 6115. Intemediary relending program.
Section 310H of the Consolidated Farm and Rural Development Act (7 U.S.C. 1936b) is amended—
(2) by inserting after subsection (d) the following:
“(e) Limitation on loan amounts.—The maximum amount of a loan by an eligible entity described in subsection (b) to individuals and entities for a project under subsection (c), including the unpaid balance of any existing loans, shall be the lesser of—
“(f) Applications.—
“(1) IN GENERAL.—To be eligible to receive a loan or loan guarantee under subsection (a), an eligible entity described in subsection (b) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
“(g) Return of equity.—The Secretary shall establish a schedule that is consistent with the amortization schedules of the portfolio of loans made or guaranteed under subsection (a) for the return of any equity contribution made under this section by an eligible entity described in subsection (b), if the eligible entity is—
SEC. 6116. Single application for broadband.
Section 331 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1981) is amended by adding at the end the following:
“(e) Single application for broadband.—
“(1) IN GENERAL.—Subject to paragraphs (2), (3), and (4), notwithstanding any other provision of law, broadband facilities and broadband service (as defined in section 601(b) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(b)), may be funded as an incidental part of any grant, loan, or loan guarantee provided under this title or any other provision of law administered by the Secretary, acting through the rural development mission area.
“(2) LIMITATION.—Except as otherwise authorized by an Act of Congress, funding under paragraph (1) shall not constitute more than 10 percent of any loan for a fiscal year for any program under this title or any other provision of law administered by the Secretary, acting through the rural development mission area.
“(3) COMPETITIVE HARM.—The Secretary shall not provide funding under paragraph (1) if the funding would result in competitive harm to any existing grant, loan, or loan guarantee described in that paragraph.
“(4) ELIGIBILITY.—Funding under paragraph (1) shall be granted only for eligible projects described in section 601(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(d)(2)).”.
SEC. 6117. Loan guarantee loan fees.
(a) Certain programs under Consolidated Farm and Rural Development Act.—Section 333 of the Consolidated Farm and Rural Development Act (7 U.S.C. 1983) is amended—
(b) Rural broadband program.—Section 601(c) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by adding at the end the following:
SEC. 6118. Rural Business-Cooperative Service programs technical assistance and training.
The Consolidated Farm and Rural Development Act is amended by inserting after section 367 (as added by section 5305) the following:
“SEC. 368. Rural Business-Cooperative Service programs technical assistance and training.
“(a) In general.—The Secretary may make grants to public bodies, private nonprofit corporations, economic development authorities, institutions of higher education, federally recognized Indian Tribes, and rural cooperatives for the purpose of providing or obtaining technical assistance and training to support funding applications for programs carried out by the Secretary, acting through the Administrator of the Rural Business-Cooperative Service.
“(b) Purposes.—A grant under subsection (a) may be used—
“(2) to identify public and private resources to finance business and small and emerging business needs;
“(c) Selection priority.—In selecting recipients of grants under this section, the Secretary shall give priority to grants serving persistent poverty counties and high poverty communities, as determined by the Secretary.
SEC. 6119. National rural development partnership.
Section 378 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008m) is amended in subsections (g)(1) and (h) by striking “2018” each place it appears and inserting “2023”.
SEC. 6120. Grants for NOAA weather radio transmitters.
Section 379B(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008p(d)) is amended by striking “2018” and inserting “2023”.
SEC. 6121. Rural microentrepreneur assistance program.
Section 379E of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008s) is amended—
SEC. 6122. Health care services.
Section 379G(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008u(e)) is amended by striking “2018” and inserting “2023”.
SEC. 6123. Strategic economic and community development.
Section 379H of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008v) is amended to read as follows:
“SEC. 379H. Strategic economic and community development.
“(a) In general.—In the case of any program under this title or administered by the Secretary, acting through the rural development mission area, as determined by the Secretary (referred to in this section as a ‘covered program’), the Secretary shall give priority to an application for a project that, as determined and approved by the Secretary—
“(b) Reserve.—
“(1) IN GENERAL.—Subject to paragraph (2), the Secretary shall reserve not more than 10 percent of the funds made available for a fiscal year for covered programs for projects that support the implementation of a strategic community investment plan described in subsection (d) on a multisectoral and multijurisdictional basis.
“(c) Approved applications.—
“(1) IN GENERAL.—Subject to paragraph (2), any applicant who submitted an application under a covered program that was approved before the date of enactment of this section may amend the application to qualify for the funds reserved under subsection (b).
“(d) Strategic community investment plans.—
“(1) IN GENERAL.—The Secretary shall provide assistance to rural communities in developing strategic community investment plans.
“(2) PLANS.—A strategic community investment plan described in paragraph (1) shall include—
“(A) a variety of activities designed to facilitate the vision of a rural community for the future, including considerations for improving and expanding broadband services as needed;
SEC. 6124. Delta Regional Authority.
(a) Authorization of appropriations.—Section 382M(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–12(a)) is amended by striking “2018” and inserting “2023”.
(b) Termination of authority.—Section 382N of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa–13) is amended by striking “2018” and inserting “2023”.
SEC. 6125. Rural business investment program.
Section 384S of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009cc–18) is amended by striking “2018” and inserting “2023”.
SEC. 6201. Electric loan refinancing.
Section 2(a) of the Rural Electrification Act of 1936 (7 U.S.C. 902(a)) is amended by striking “loans in” and inserting “loans, or refinance loans made by the Secretary under this Act, in”.
SEC. 6202. Technical assistance for rural electrification loans.
Section 2 of the Rural Electrification Act of 1936 (7 U.S.C. 902) is amended by adding at the end the following:
“(c) Technical assistance.—
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall enter into a memorandum of understanding with the Secretary of Energy under which the Secretary of Energy shall provide technical assistance to applicants for loans made under subsection (a) and section 4(a).
SEC. 6203. Loans for telephone service.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended—
(1) by striking the section designation and all that follows through “From such sums” and inserting the following:
SEC. 6204. Cushion of credit payments program.
(a) In general.—Section 313 of the Rural Electrification Act of 1936 (7 U.S.C. 940c) is amended—
(1) in subsection (a)—
(2) in subsection (b)(2)—
(A) in subparagraph (A)—
(B) in subparagraph (B)—
(D) by adding at the end the following:
“(F) FUNDING.—
“(i) MANDATORY FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall credit to the subaccount to use for the cost of grants and loans under subparagraphs (B) through (E) $5,000,000 for each of fiscal years 2022 and 2023, to remain available until expended.
“(ii) AUTHORIZATION OF APPROPRIATIONS.—In addition to other amounts available in the subaccount for the cost of grants and loans under subparagraphs (B) through (E), there is authorized to be appropriated to the subaccount for the cost of the grants and loans $5,000,000 for each of fiscal years 2022 and 2023, to remain available until expended.”.
(b) Conforming amendments.—
(1) Section 12(b)(3)(D) of the Rural Electrification Act of 1936 (7 U.S.C. 912(b)(3)(D)) is amended by striking “313(b)(2)(A)” and inserting “313(b)(2)(A)(ii)”.
(2) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1) is amended in subsections (c)(4)(A) and (e)(2) by striking “313(b)(2)(A)” each place it appears and inserting “313(b)(2)(A)(i)”.
SEC. 6205. Guarantees for bonds and notes issued for electrification or telephone purposes.
(a) In general.—Section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1) is amended—
(1) in subsection (a)—
(B) in paragraph (1) (as so designated), by striking “basis” and all that follows through the period at the end and inserting “basis, if the proceeds of the bonds or notes are used to make utility infrastructure loans, or refinance bonds or notes issued for those purposes, to a borrower that has at any time received, or is eligible to receive, a loan under this Act.”; and
(C) by adding at the end the following:
“(2) TERMS.—A bond or note guaranteed under this section shall, by agreement between the Secretary and the borrower—
“(A) be for a term of 30 years (or another term of years that the Secretary determines is appropriate); and
(b) Administration.—Beginning on the date of enactment of the Agriculture Improvement Act of 2018, the Secretary shall continue to carry out section 313A of the Rural Electrification Act of 1936 (7 U.S.C. 940c–1) (as amended by subsection (a)) under a Notice of Solicitation of Applications until the date on which any regulations necessary to carry out the amendments made by subsection (a) are fully implemented.
SEC. 6206. Access to broadband telecommunications services in rural areas.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
(2) in subsection (c)—
(C) by striking paragraph (2) and inserting the following:
“(2) PRIORITY.—
“(A) IN GENERAL.—In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall—
“(i) give the highest priority to applications for projects to provide broadband service to unserved rural communities that do not have any residential broadband service;
“(ii) give priority to applications for projects to provide the maximum level of broadband service to the greatest proportion of rural households in the proposed service area identified in the application;
“(iii) give priority to applications for projects to provide rapid and expanded deployment of fixed and mobile broadband on cropland and ranchland within a service territory for use in various applications of precision agriculture;
“(B) OTHER.—After giving priority to the applications described in clauses (i) and (ii) of subparagraph (A), the Secretary shall then give priority to applications—
“(i) for projects to provide broadband service to rural communities—
“(II) that are experiencing outmigration and have adopted a strategic community investment plan under section 379H(d) that includes considerations for improving and expanding broadband service;
“(III) with a high percentage of low income families or persons (as defined in section 501(b) of the Housing Act of 1949 (42 U.S.C. 1471(b)); or
“(ii) that were developed with the participation of, and will receive a substantial portion of the funding for the project from, 1 or more stakeholders, including—
“(III) community anchor institutions, such as—
“(bb) elementary schools and secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
“(C) IDENTIFICATION OF UNSERVED COMMUNITIES.—
“(i) IN GENERAL.—In the case of an application given the highest priority under subparagraph (A)(i), the Secretary shall confirm that each unserved rural community identified in the application is eligible for funding by—
“(I) conferring with and obtaining data from the Chair of the Federal Communications Commission and the Administrator of the National Telecommunications and Information Administration with respect to the service level in the service area proposed in the application;
(E) by inserting after paragraph (2) the following:
“(3) GRANT AMOUNTS.—
“(A) DEFINITION OF DEVELOPMENT COSTS.—In this paragraph, the term ‘development costs’ means costs of—
“(B) ELIGIBILITY.—To be eligible for a grant under this section, the project that is the subject of the grant shall be carried out in a rural area.
“(C) MAXIMUM.—Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided.
(3) in subsection (d)—
(A) in paragraph (1)—
(ii) by adding at the end the following:
“(C) RELATION TO UNIVERSAL SERVICE HIGH-COST SUPPORT.—The Secretary shall coordinate with the Federal Communications Commission to ensure that any grants, loans, or loan guarantees made under this section complement and do not conflict with universal service high-cost support (as defined in section 54.5 of title 47, Code of Federal Regulations, or any successor regulation) provided by the Commission.”;
(B) in paragraph (2)—
(E) in paragraph (5)(A), in the matter preceding clause (i), by striking “loan or” and inserting “grant, loan, or”;
(I) in paragraph (7)(B) (as so redesignated), by striking “may seek a determination of area eligibility prior to preparing a loan application under this section.” and inserting the following: “may, before preparing an application under this section—
(K) by adding at the end the following:
“(11) TECHNICAL ASSISTANCE AND TRAINING.—
“(A) IN GENERAL.—The Secretary may provide eligible entities described in paragraph (1) that are applying for a grant, loan, or loan guarantee for a project described in subsection (c)(2)(A)(i) technical assistance and training—
“(i) to prepare reports and surveys necessary to request grants, loans, and loan guarantees under this section for broadband deployment;
(5) in subsection (f), by striking “make a loan or loan guarantee” and inserting “provide assistance”;
(8) by inserting after subsection (j) the following:
“(k) Broadband buildout data.—As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary complete, reliable, and precise geolocation information that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee not later than 30 days after the earlier of—
“(l) Environmental reviews.—The Secretary may obligate, but not disperse, funds under this Act before the completion of otherwise required environmental, historical, or other types of reviews if the Secretary determines that a subsequent site-specific review shall be adequate and easily accomplished for the location of towers, poles, or other broadband facilities in the service area of the borrower without compromising the project or the required reviews.”;
SEC. 6207. Community Connect Grant Program.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) is amended by adding at the end the following:
“SEC. 604. Community Connect Grant Program.
“(a) Definitions.—In this section:
“(1) ELIGIBLE BROADBAND SERVICE.—The term ‘eligible broadband service’ means broadband service that has the capability to transmit data at a speed specified by the Secretary, which may not be less than the applicable minimum download and upload speeds established by the Federal Communications Commission in defining the term ‘advanced telecommunications capability’ for purposes of section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
“(2) ELIGIBLE SERVICE AREA.—The term ‘eligible service area’ means an area in which broadband service capacity is less than—
“(3) ELIGIBLE ENTITY.—
“(b) Establishment.—The Secretary shall establish a program, to be known as the ‘Community Connect Grant Program’, to provide grants to eligible entities to finance broadband transmission in rural areas.
“(c) Eligible projects.—An eligible entity that receives a grant under the Program shall use the grant to carry out a project that—
“(1) provides eligible broadband service to, within the proposed eligible service area described in the application submitted by the eligible entity—
“(A) each essential community facility funded under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)); and
“(2) for not less than 2 years—
“(A) furnishes free wireless eligible broadband service to a community center described in subsection (d)(1)(B);
“(B) provides not fewer than 2 computer access points for that free wireless eligible broadband service; and
“(C) covers the cost of bandwidth to provide free eligible broadband service to each essential community facility funded under section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) within the proposed eligible service area described in the application submitted by the eligible entity.
“(d) Uses of grant funds.—
“(1) IN GENERAL.—An eligible entity that receives a grant under the Program may use the grant for—
“(e) Matching funds.—
“(1) IN GENERAL.—An eligible entity that receives a grant under the Program shall provide a cash contribution in an amount that is not less than 15 percent of the amount of the grant.
SEC. 6208. Transparency in the Telecommunications Infrastructure Loan Program.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) (as amended by section 6207) is amended by adding at the end the following:
“SEC. 605. Transparency in the Telecommunications Infrastructure Loan Program.
“(a) Public notice of applications for assistance.—The Secretary shall publish in the Federal Register, and promptly make available to the public, a fully searchable database on the website of Rural Utilities Service that contains, at a minimum—
“(1) notice of each application for a loan from the Telecommunications Infrastructure Loan and Guarantee Program under this Act describing the application, including—
“(b) Opportunity for the public to submit information.—The Secretary shall, with respect to an application for a loan under the Telecommunications Infrastructure Loan and Guarantee Program under this Act—
“(1) for a period of not less than 15 days after the date on which the notice required by subsection (a)(1) is provided with respect to the application, provide an opportunity for an interested party to voluntarily submit information concerning the services that the party offers in the census blocks described in subsection (a)(1)(B)(i), such that the Secretary may assess whether approving the application would result in any duplication of lines, facilities, or systems that are providing reasonably adequate services; and
SEC. 6209. Refinancing of broadband and telephone loans.
(a) In general.—Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922) is amended, in the fifth sentence, by striking “furnishing telephone service in rural areas:” and all that follows through “40 per centum of any loan made under this title.” and inserting “furnishing telephone service in rural areas, including indebtedness of recipients on another telecommunications loan made under this Act.”.
(b) Broadband.—Section 601(i) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb(i)) is amended by striking “Act if the use of” and all that follows through the period at the end and inserting “Act, or on any other loan if that loan would have been for an eligible purpose under this Act.”.
SEC. 6210. Cybersecurity and grid security improvements.
Title III of the Rural Electrification Act of 1936 (7 U.S.C. 931 et seq.) is amended by adding at the end the following:
SEC. 6301. Distance learning and telemedicine.
(a) Substance use disorder treatment services.—Section 2333(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–2(c)) is amended by adding at the end the following:
“(5) SUBSTANCE USE DISORDER TREATMENT SERVICES.—
“(A) IN GENERAL.—Subject to subparagraph (B), the Secretary shall make available not less than 20 percent of amounts made available under section 2335A for financial assistance under this chapter for substance use disorder treatment services.
“(B) EXCEPTION.—In the case of a fiscal year for which the Secretary determines that there are not sufficient qualified applicants to receive financial assistance for substance use disorder treatment services to reach the 20-percent requirement under subparagraph (A), the Secretary may make available less than 20 percent of amounts made available under section 2335A for those services.”.
(b) Authorization of appropriations.—Section 2335A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking “2018” and inserting “2023”.
(c) Conforming amendment.—Section 1(b) of Public Law 102–551 (7 U.S.C. 950aaa note) is amended by striking “2018” and inserting “2023”.
SEC. 6302. Rural energy savings program.
Section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a) is amended—
(1) in subsection (b)(2), by striking “efficiency.” and inserting “efficiency (including cost-effective on- or off-grid renewable energy or energy storage systems).”;
(2) in subsection (c)—
(B) by inserting after paragraph (3) the following:
“(4) ELIGIBILITY FOR OTHER LOANS.—The Secretary shall not include any debt incurred by a borrower under this section in the calculation of the debt-equity ratio of the borrower for purposes of eligibility for loans under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).”;
SEC. 6303. Rural health and safety education programs.
(a) In general.—Section 502(i) of the Rural Development Act of 1972 (7 U.S.C. 2662(i)) is amended—
(b) Technical amendments.—Title V of the Rural Development Act of 1972 (7 U.S.C. 2661 et seq.) (as amended by subsection (a)) is amended—
SEC. 6304. Northern Border Regional Commission reauthorization.
Section 15751(a) of title 40, United States Code, is amended by striking “2018” and inserting “2023”.
SEC. 7101. Purposes of agricultural research, extension, and education.
Section 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended—
SEC. 7102. Matters relating to certain school designations and declarations.
(a) Study of food and agricultural sciences.—Section 1404(14) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)) is amended—
(1) by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—
“(i) DEFINITION.—The terms ‘NLGCA Institution’ and ‘non-land-grant college of agriculture’ mean a public college or university offering a baccalaureate or higher degree in the study of agricultural sciences, forestry, or both in any area of study described in clause (ii).
(b) Designation review.—
(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a process to review each designated NLGCA Institution (as defined in section 1404(14)(A) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure compliance with that section (as amended by subsection (a)).
(2) VIOLATION.—If the Secretary determines under paragraph (1) that an NLGCA Institution is not in compliance with section 1404(14)(A) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A)) (as amended by subsection (a)), the designation of that NLGCA Institution shall be revoked.
SEC. 7103. National Agricultural Research, Extension, Education, and Economics Advisory Board.
Section 1408(h) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(h)) is amended by striking “2018” and inserting “2023”.
SEC. 7104. Citrus disease subcommittee of specialty crop committee.
Section 1408A(a)(2)(D) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)(D)) is amended by striking “2018” and inserting “2023”.
SEC. 7105. Veterinary services grant program.
Section 1415B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151b) is amended—
(1) in subsection (c)(2)—
SEC. 7106. Grants and fellowships for food and agriculture sciences education.
Section 1417(m)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7107. Research equipment grants.
The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1418 (7 U.S.C. 3153) the following:
“SEC. 1419. Research equipment grants.
“(a) Definition of eligible institution.—In this section, the term ‘eligible institution’ means—
“(1) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))); or
“(b) Grants.—The Secretary may award competitive grants to eligible institutions for the acquisition of special purpose scientific research equipment for use in the food and agricultural sciences programs of those institutions.
SEC. 7108. Agricultural and food policy research centers.
Section 1419A(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended by striking “2018” and inserting “2023”.
SEC. 7109. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions.
Section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended—
SEC. 7110. Next generation agriculture technology challenge.
Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.) is amended by adding at the end the following:
“SEC. 1419C. Next generation agriculture technology challenge.
“(a) In general.—The Secretary shall establish a next generation agriculture technology challenge competition to provide an incentive for the development of innovative mobile technology that removes barriers to entry in the marketplace for beginning farmers and ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
SEC. 7111. Nutrition education program.
Section 1425(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(f)) is amended by striking “2018” and inserting “2023”.
SEC. 7112. Authorization for appropriations for federal agricultural research facilities.
Section 1431 of the National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985 (Public Law 99–198; 99 Stat. 1556; 128 Stat. 900) is amended by striking “2018” and inserting “2023”.
SEC. 7113. Continuing animal health and disease research programs.
Section 1433(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195(c)(1)) is amended by striking “2018” and inserting “2023”.
SEC. 7114. Extension at 1890 land-grant colleges, including Tuskegee University; report.
Section 1444 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221) is amended—
(2) by adding at the end the following:
“(g) Report.—The Secretary shall annually submit to Congress a report describing the allocations made to, and matching funds received by—
“(2) institutions designated under the Act of July 2, 1862 (commonly known as the ‘First Morrill Act’) (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.).”.
SEC. 7115. Report on agricultural research at 1890 land-grant colleges, including Tuskegee University.
Section 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is amended by adding at the end the following:
“(i) Report.—The Secretary shall annually submit to Congress a report describing the allocations made to, and matching funds received by—
“(2) institutions designated under the Act of July 2, 1862 (commonly known as the ‘First Morrill Act’) (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.).”.
SEC. 7116. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University.
Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b(b)) is amended by striking “2018” and inserting “2023”.
SEC. 7117. Grants to upgrade agriculture and food sciences facilities and equipment at insular area land-grant institutions.
Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b–2(d)) is amended by striking “2018” and inserting “2023”.
SEC. 7118. New Beginning for Tribal Students.
Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) is amended by adding at the end the following:
“SEC. 1450. New Beginning for Tribal Students.
“(a) Definition of Tribal student.—In this section, the term ‘Tribal student’ means a student at a land-grant college or university that is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
“(b) New beginning initiative.—
“(1) AUTHORIZATION.—The Secretary may make competitive grants to land-grant colleges and universities to provide identifiable support specifically targeted for Tribal students.
“(2) APPLICATION.—A land-grant college or university that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require.
“(3) USE OF FUNDS.—A land-grant college or university that receives a grant under this section shall use the grant funds to support Tribal students through—
“(c) Report.—Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee on Indian Affairs of the Senate a report that includes an itemized list of grant funds distributed under this section, including the specific form of assistance, and the number of Tribal students assisted and the graduation rate of Tribal students at land-grant colleges and universities receiving grants under this section.
SEC. 7119. Hispanic-serving institutions.
Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c)) is amended by striking “2018” and inserting “2023”.
SEC. 7120. Binational agricultural research and development.
Section 1458(e) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291(e)) is amended—
(1) in the subsection heading, by striking “Full payment of funds made available for certain” and inserting “Certain” ;
(4) by adding at the end the following:
“(2) ACTIVITIES.—Activities under the BARD Fund to promote and support agricultural research and development that are of mutual benefit to the United States and Israel shall—
“(B) accelerate the demonstration, development, and application of agricultural solutions resulting from or relating to BARD Fund programs, including BARD Fund-sponsored research and innovations in drip irrigation, pesticides, aquaculture, livestock, poultry, disease control, and farm equipment; and
SEC. 7121. Partnerships to build capacity in international agricultural research, extension, and teaching.
The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1458 (7 U.S.C. 3291) the following:
“SEC. 1458A. Partnerships to build capacity in international agricultural research, extension, and teaching.
“(a) Purpose.—The purpose of this section is to build the capacity, and improve the performance, of covered Institutions and agricultural higher education institutions in lower and middle income countries performing, or desiring to perform, activities substantially similar to agricultural research, extension, and teaching activities (referred to in this section as ‘agricultural higher education institutions in developing countries’) in order to solve food, health, nutrition, rural income, and environmental challenges, especially among chronically food insecure populations, including by—
“(b) Definitions.—In this section:
“(1) 1862 INSTITUTION; 1890 INSTITUTION; 1994 INSTITUTION.—The terms ‘1862 Institution’, ‘1890 Institution’, and ‘1994 Institution’ have the meanings given the terms in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).
“(c) Authority of the Secretary.—To carry out the purpose of this section, the Secretary may promote cooperation and coordination between covered Institutions and agricultural higher education institutions in developing countries through—
“(1) improving extension by—
“(2) improving agricultural research by—
“(3) supporting the participation of covered Institutions in programs of international organizations, such as the United Nations, the World Bank, regional development banks, and international agricultural research centers;
“(4) improving agricultural teaching and education by—
“(A) in partnership with agricultural higher education institutions in developing countries, supporting education and teaching relating to food and agricultural sciences, including technical assistance, degree training, research collaborations, classroom instruction, workforce training, and education programs; and
“(5) assisting covered Institutions in strengthening their capacity for food, agricultural, and related research, extension, and teaching programs relevant to agricultural development activities in lower and middle income countries to promote the application of new technology to improve education delivery;
“(6) providing support for the internationalization of resident instruction programs of covered Institutions;
SEC. 7122. Competitive grants for international agricultural science and education programs.
Section 1459A(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b(c)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7123. University research.
Section 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by striking “2018” each place it appears in subsections (a) and (b) and inserting “2023”.
Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking “2018” and inserting “2023”.
SEC. 7125. Supplemental and alternative crops; hemp.
Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended—
(2) in subsection (b)—
SEC. 7126. New Era Rural Technology program.
Section 1473E of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amended—
SEC. 7127. Capacity building grants for NLGCA institutions.
Section 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319i(b)) is amended by striking “2018” and inserting “2023”.
SEC. 7128. Agriculture Advanced Research and Development Authority.
Subtitle K of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by adding at the end the following:
“SEC. 1473H. Agriculture Advanced Research and Development Authority.
“(a) Purpose.—The purpose of this section is to examine the efficacy and applicability of authority for the advanced research and development of agriculture and food research through a focused pilot program targeting the research needs relating to qualified products and projects, agricultural technologies, and research tools.
“(b) Definitions.—In this section:
“(1) ADVANCED RESEARCH AND DEVELOPMENT.—The term ‘advanced research and development’ means research and development activities used to overcome long-term and high-risk research challenges in agriculture and food through—
“(A) targeted acceleration of novel, early stage innovative agricultural research with promising technology applications and products; or
“(B) development of qualified products and projects, agricultural technologies, or innovative research tools, which may include—
“(ii) determining and assisting with product approval, clearance, or need for a license under—
“(I) the Animal Health Protection Act (7 U.S.C. 8301 et seq.);
“(II) the Plant Protection Act (7 U.S.C. 7701 et seq.); or
“(2) AGARDA.—The term ‘AGARDA’ means the Agriculture Advanced Research and Development Authority established by subsection (d)(1).
“(3) AGRICULTURAL TECHNOLOGY.—The term ‘agricultural technology’ means machinery or equipment engineered with an applicable use in agriculture and food.
“(4) FUND.—The term ‘Fund’ means the Agriculture Advanced Research and Development Fund established by subsection (e)(1).
“(6) QUALIFIED PRODUCT OR PROJECT.—The term ‘qualified product or project’ means advanced research and development of—
“(A) engineering, mechanization, or technology improvements that will address challenges relating to growing, harvesting, handling, and packing agricultural products;
“(c) Strategic plan.—
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, and annually thereafter, the Secretary shall develop and make publically available a strategic plan describing the strategic vision that the AGARDA shall use—
“(2) DISSEMINATION.—The Secretary shall carry out such activities as the Secretary determines to be appropriate to disseminate the information contained in the strategic plan under paragraph (1) to persons who may have the capacity to substantially contribute to the activities described in that strategic plan.
“(3) COORDINATION; CONSULTATION.—The Secretary shall—
“(A) update and coordinate the strategic coordination plan under section 221(d) of the Department of Agriculture Reorganization Act of 1994 with the strategic plan developed under paragraph (1) for activities relating to agriculture and food defense countermeasure development and procurement; and
“(d) Agriculture Advanced Research and Development Authority.—
“(1) ESTABLISHMENT.—There is established within the Department of Agriculture the Agriculture Advanced Research and Development Authority to overcome the long-term and high-risk challenges in the development of—
“(2) GOALS.—The goals of the AGARDA are—
“(A) to enhance the economic viability and security of agriculture to ensure that the United States is competitive and maintains a technological lead globally;
“(4) DUTIES.—To achieve the goals described in subparagraphs (A) and (B) of paragraph (2), the Secretary shall accelerate advanced research and development by—
“(C) incubating and accelerating transformational advances in areas in which industry by itself is not likely to undertake advanced research and development because of the high-risk technological or financial uncertainty;
“(D) collaborating with Federal agencies, relevant industries, academia, international agencies, the Foundation for Food and Agriculture Research, and other persons to carry out the goals described in subparagraphs (A) and (B) of paragraph (2), including convening, at a minimum, annual meetings or working groups to demonstrate the operation and effectiveness of advanced research and development of qualified products and projects;
“(E) conducting ongoing searches for, and support calls for, potential advanced research and development of agricultural technology, qualified products and projects, and research tools;
“(F) awarding grants and entering into contracts and cooperative agreements for advanced research and development of agricultural technology, qualified products and projects, and research tools;
“(5) PRIORITY.—In awarding grants and entering into contracts and cooperative agreements under paragraph (4)(F), the Secretary shall give priority to projects that accelerate the advanced research and development of—
“(6) PROCEDURES; PAYMENTS.—
“(A) EXPEDITED PROCEDURES.—
“(i) IN GENERAL.—In awarding grants and entering into contracts and cooperative agreements under paragraph (4)(F), the Secretary may establish—
“(ii) AVAILABILITY OF DATA.—The Secretary shall require that, as a condition of being awarded a contract or grant or entering into a cooperative agreement under paragraph (4)(F), a person shall make available to the Secretary on an ongoing basis, and submit to the Secretary on request of the Secretary, all data relating to or resulting from the activities carried out by the person pursuant to this section.
“(7) PERSONNEL AUTHORITIES.—
“(A) SPECIALLY QUALIFIED SCIENTIFIC AND PROFESSIONAL PERSONNEL.—
“(i) IN GENERAL.—In addition to any other personnel authorities, the Secretary may—
“(I) without regard to sections 3309 through 3319 of title 5, United States Code, and other provisions under that title governing appointments in the competitive service, appoint highly qualified individuals to scientific or professional positions in the AGARDA such as program managers, to carry out this section; and
“(II) compensate individuals appointed under subclause (I) in the same manner and subject to the same terms and conditions in which individuals appointed under section 9903 of that title are compensated, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.
“(ii) TERM OF APPOINTMENT.—The term limitations described in section 9903(c) of title 5, United States Code, shall apply to appointments under this subparagraph, except that the references to the ‘Secretary’ and to the ‘Department of Defense's national security missions’ shall be deemed to be to the Secretary of Agriculture and to the mission of the Department of Agriculture under this section.
“(8) REPORT AND EVALUATION.—
“(A) REPORT.—The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report examining the actions undertaken and results generated by the AGARDA.
“(B) EVALUATION.—After the date on which the AGARDA has been in operation for 3 years, the Chief Scientist shall offer to enter into a contract with the National Academy of Sciences under which the National Academy of Sciences shall conduct an evaluation—
“(i) to be completed and submitted to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate not later than 1 year after the date of entry into the contract;
“(e) Fund.—
“(1) ESTABLISHMENT.—There is established in the Treasury the Agriculture Advanced Research and Development Fund, which shall be administered by the Chief Scientist for the purpose of advanced research and development of qualified products and projects, agricultural technology, and research tools under this section.
SEC. 7129. Aquaculture assistance programs.
Section 1477(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3324(a)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7130. Repeal of rangeland research programs.
Subtitle M of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3331 et seq.) is repealed.
SEC. 7131. Special authorization for biosecurity planning and response.
Section 1484(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3351(a)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7132. Distance education and resident instruction grants program for insular area institutions of higher education.
(a) Distance education grants for insular areas.—Section 1490(f)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is amended by striking “2018” and inserting “2023”.
(b) Resident instruction grants for insular areas.—Section 1491(c)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7133. Limitation on designation of entities eligible to receive funds under a capacity program.
Subtitle P of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371 et seq.) is amended by adding at the end the following:
“SEC. 1493. Limitation on designation of entities eligible to receive funds under a capacity program.
“(a) Definition of capacity program.—In this section, the term ‘capacity program’ means each of the following agricultural research, extension, education, and related programs:
“(1) The programs for which funds are made available under subsections (b) and (c) of section 3 of the Smith-Lever Act (7 U.S.C. 343).
“(2) The program for which funds are made available under the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
“(6) The program for which funds are made available under Public Law 87–788 (commonly known as the ‘McIntire-Stennis Cooperative Forestry Act’) (16 U.S.C. 582a et seq.).
“(b) Limitation.—
“(1) IN GENERAL.—Except as provided under paragraph (2), and notwithstanding any other provision of law, no additional entity designated after the date of enactment of this section shall be eligible to receive funds under a capacity program.
“(2) EXCEPTIONS.—
“(A) 1994 INSTITUTIONS.—Paragraph (1) shall not apply in the case of a designation of a 1994 Institution under section 2 of Public Law 87–788 (commonly known as the “McIntire-Stennis Cooperative Forestry Act”) (16 U.S.C. 582a-1).
“(B) EXTRAORDINARY CIRCUMSTANCES.—In the case of extraordinary circumstances or a situation that would lead to an inequitable result, as determined by the Secretary, the Secretary may determine that an entity designated after the date of enactment of this section is eligible to receive funds under a capacity program.
SEC. 7134. Scholarship program for students attending 1890 Institutions.
(a) Findings.—Congress finds the following:
(1) The Act of August 30, 1890 (commonly known as the “Second Morrill Act”) (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), brought about the establishment of the following 19 public, African-American land-grant colleges and universities:
(2) Funding for agricultural education, research, and extension at the colleges and universities described in paragraph (1) is authorized to be appropriated to the Department of Agriculture with each farm bill, which is enacted approximately every 5 years.
(3) The Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 649) authorizes the appropriation of Federal funds for research, education, and extension activities at the colleges and universities described in paragraph (1) and the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016 (Public Law 114–113; 129 Stat. 2245) appropriated $19,000,000 for education grants for the colleges and universities described in paragraph (1).
(4) There is a great need to increase the number of young African-Americans seeking careers in the food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), including agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution.
(5) Scholarship funding provided to increase the number of young African-American individuals seeking a career in the food and agricultural sciences shall be provided with the caveat that those scholarship students shall commit to pursue a career in the food and agricultural sciences, including agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution.
(6) The average age of farmers and producers in the United States is 60 years of age and continues to rise.
(7) Beginning farmers and ranchers (as defined in section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f)) need greater assistance in the financing of their education because of the increased startup costs associated with farming, such as the purchase of land and farming equipment.
(b) Purposes.—The purposes of this section and the amendment made by this section are—
(1) to address the national crisis posed by the aging farmer and producer population in the United States;
(2) to increase the number of young African-American individuals seeking a career in the food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), including careers in agribusiness, food production, distribution, and retailing, the clothing industries, energy and renewable fuels, and farming marketing, finance, and distribution;
(4) to provide greater assistance to beginning farmers and ranchers (as defined in section 7405 of Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f)); and
(c) Scholarship program for students attending 1890-institutions.—Subtitle G of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221 et seq.) (as amended by section 7118) is amended by adding at the end the following:
“SEC. 1451. SCHOLARSHIPS FOR STUDENTS AT 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
“(a) In general.—The Secretary shall establish a grant program under which the Secretary shall award a grant to each 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)) (referred to in this section as an ‘eligible institution’), to award scholarships to individuals who—
SEC. 7201. Best utilization of biological applications.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5814) is amended in the first sentence by striking “2018” and inserting “2023”.
SEC. 7202. Integrated management systems.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking “2018” and inserting “2023”.
SEC. 7203. Sustainable agriculture technology development and transfer program.
Section 1628(f)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7204. National training program.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5832(i)) is amended by striking “2018” and inserting “2023”.
SEC. 7205. National strategic germplasm and cultivar collection assessment and utilization plan.
(a) In general.—Section 1632(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended—
(3) by inserting after paragraph (5) the following:
“(6) develop and implement a national strategic germplasm and cultivar collection assessment and utilization plan that takes into consideration the resources and research necessary to address the significant backlog of characterization and maintenance of existing accessions considered to be critical to preserve the viability of, and public access to, germplasm and cultivars; and”.
(b) Plan publication.—Section 1633 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended by adding at the end the following:
SEC. 7206. National Genetics Resources Program.
(a) Advisory council.—Section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended—
(1) in subsection (a)—
(B) in the second sentence of paragraph (1) (as so designated), by striking “The advisory” and inserting the following:
(D) by adding at the end the following:
“(3) RECOMMENDATIONS.—
“(A) IN GENERAL.—In making recommendations under paragraph (1), the advisory council shall include recommendations on—
“(i) the state of public cultivar development, including—
(2) in subsection (c)—
(C) by adding at the end the following:
“(3) 4 of the members shall be appointed from among individuals with expertise in public cultivar and animal breed development.
“(4) 4 of the members shall be appointed from among individuals representing—
“(A) 1862 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));
“(B) 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601));
“(C) eligible institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); or
“(D) 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)).”.
(b) Authorization of appropriations.—Section 1635(b)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5844(b)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7207. National Agricultural Weather Information System.
Section 1641(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking “2018” and inserting “2023”.
SEC. 7208. Agricultural genome to phenome initiative.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) is amended—
(2) by striking subsection (a) and inserting the following:
“(a) Goals.—The goals of this section are—
“(1) to expand knowledge concerning genomes and phenomes of crops and animals of importance to the agriculture sector of the United States;
“(2) to understand how variable weather, environments, and production systems impact the growth and productivity of specific varieties of crops and species of animals in order to provide greater accuracy in predicting crop and animal performance under variable conditions;
“(3) to support research that leverages plant and animal genomic information with phenotypic and environmental data through an interdisciplinary framework, leading to a novel understanding of plant and animal processes that affect growth, productivity, and the ability to predict performance, which will result in the deployment of superior varieties and species to producers and improved crop and animal management recommendations for farmers and ranchers;
“(4) to catalyze and coordinate research that links genomics and predictive phenomics at different sites across the United States to achieve advances in crops and animals that generate societal benefits;
“(5) to combine fields such as genetics, genomics, plant physiology, agronomy, climatology, and crop modeling with computation and informatics, statistics, and engineering;
“(6) to combine fields such as genetics, genomics, animal physiology, meat science, animal nutrition, and veterinary science with computation and informatics, statistics, and engineering;
“(7) to focus on crops and animals that will yield scientifically important results that will enhance the usefulness of many other crops and animals;
“(8) to build on genomic research, such as the Plant Genome Research Project and the National Animal Genome Research Program, to understand gene function in production environments that is expected to have considerable returns for crops and animals of importance to the agriculture of the United States;
“(9) to develop improved data analytics to enhance understanding of the biological function of genes;
(3) by striking subsection (b) and inserting the following:
“(b) Duties of Secretary.—The Secretary of Agriculture (referred to in this section as the ‘Secretary’) shall conduct a research initiative, to be known as the ‘Agricultural Genome to Phenome Initiative’, for the purpose of—
“(1) studying agriculturally significant crops and animals in production environments to achieve sustainable and secure agricultural production;
“(2) ensuring that current gaps in existing knowledge of agricultural crop and animal genetics and phenomics are filled;
“(3) identifying and developing a functional understanding of relevant genes from animals and agronomically relevant genes from crops that are of importance to the agriculture sector of the United States;
“(4) ensuring future genetic improvement of crops and animals of importance to the agriculture sector of the United States;
“(5) studying the relevance of diverse germplasm as a source of unique genes that may be of importance in the future;
SEC. 7209. High-priority research and extension initiatives.
(a) High-priority research and extension areas.—Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end the following:
“(11) NATIONAL TURFGRASS RESEARCH INITIATIVE.—Research and extension grants may be made under this section for the purposes of—
“(C) identifying new turfgrass varieties with superior drought, heat, cold, and pest tolerance to reduce water, fertilizer, and pesticide use;
“(D) selecting genetically superior turfgrasses and development of improved technologies for managing commercial, residential, and recreational turf areas;
“(E) producing grasses that aid in mitigating soil erosion, protect against pollutant runoff into waterways, and provide other environmental benefits;
“(F) investigating, preserving, and protecting native plant species, including grasses not currently used in turf systems;
“(12) NUTRIENT MANAGEMENT.—Research and extension grants may be made under this section for the purposes of examining nutrient management based on the source, rate, timing, and placement of crop nutrients.”.
“(13) MACADAMIA TREE HEALTH INITIATIVE.—Research and extension grants may be made under this section for the purposes of—
“(14) CHRONIC WASTING DISEASE.—Research and extension grants may be made under this section for the purposes of supporting research projects at land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) with established deer research programs for the purposes of treating, mitigating, or eliminating chronic wasting disease in free-ranging white-tailed deer populations.”.
(b) Pulse crop health initiative.—Section 1672(e)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(e)(5)) is amended by striking “2018” and inserting “2023”.
(c) Training coordination for food and agriculture protection.—Section 1672(f)(5) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(f)(5)) is amended by striking “2018” and inserting “2023”.
(d) Pollinator protection.—Section 1672(g) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)) is amended—
(1) in paragraphs (1)(B), (2)(B), and (3), by striking “2018” each place it appears and inserting “2023”;
(3) by inserting after paragraph (3) the following:
“(4) POLLINATOR HEALTH TASK FORCE.—
“(A) IN GENERAL.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary, in consultation with the Administrator of the Environmental Protection Agency (referred to in this paragraph as the ‘Administrator’), shall reconstitute the Pollinator Health Task Force (referred to in this paragraph as the ‘Task Force’) to carry out the purposes described in subparagraph (B).
“(B) PURPOSES.—The Task Force shall—
“(C) COMPOSITION.—
“(ii) MEMBERS.—
“(I) IN GENERAL.—The Task Force shall be composed of not less than 15 members, each of whom shall be appointed by the Secretary, in consultation with the Administrator.
“(II) MEMBERS.—The members of the Task Force—
“(aa) shall include a qualified representative from each of—
“(AA) the Department of State;
“(BB) the Department of Defense;
“(CC) the Department of the Interior;
“(DD) the Department of Housing and Urban Development;
“(EE) the Department of Transportation;
“(FF) the Department of Energy;
“(GG) the Department of Education;
“(HH) the Council on Environmental Quality;
“(II) the Domestic Policy Council;
“(JJ) the General Services Administration;
“(KK) the National Science Foundation;
“(LL) the National Security Council;
“(MM) the Office of Management and Budget;
“(NN) the Food and Drug Administration; and
“(OO) the Office of Science and Technology Policy; and
“(bb) may include—
“(AA) 1 or more qualified representatives from any other Federal department, agency, or office, as determined by the Secretary and the Administrator; and
“(BB) 1 or more nongovernmental individuals that possess adequate scientific credentials to make meaningful contributions to the activities of the Task Force, as determined by the Secretary and the Administrator.
“(D) DUTIES.—The Task Force shall—
“(i) review and modify the 2015 National Pollinator Health Strategy to reflect the evolving science on which it is based;
“(iv) engage in regular collaboration with the Department of Agriculture, other governmental and institutional entities, and private persons to leverage Federal funding to create public-private partnerships that will achieve the long-term improvement of pollinator habitat and health, consistent with the 2016 Pollinator Partnership Action Plan; and
(4) by inserting after paragraph (5) (as so redesignated) the following:
“(6) ENHANCED COORDINATION OF HONEYBEE AND POLLINATOR RESEARCH.—
“(A) IN GENERAL.—The Chief Scientist shall coordinate research, education, and economic activities in the Department of Agriculture relating to native and managed pollinator health.
“(B) DUTIES.—To carry out subparagraph (A), the Chief Scientist shall—
“(i) assign an individual to serve in the Office of the Chief Scientist as a Honeybee and Pollinator Research Coordinator, who—
“(ii) implement the pollinator health research efforts described in the 2015 report of the Pollinator Health Task Force entitled ‘Pollinator Research Action Plan’;
“(iii) establish annual strategic priorities and goals for the Department of Agriculture for native and managed pollinator research;
“(C) POLLINATOR RESEARCH.—
“(i) IN GENERAL.—In coordinating research under subparagraph (A), the Chief Scientist shall ensure that research is conducted—
“(I) to evaluate the impact of horticultural and agricultural pest management practices on native and managed pollinator colonies in diverse agro-ecosystems;
“(III) with respect to native and managed pollinator colonies visiting crops for crop pollination or honey production purposes, to document—
“(IV) to document best management practices and other practices in place for managed pollinators and crop managers with respect to healthy populations of managed pollinators;
“(V) to evaluate the effectiveness of—
(5) in paragraph (7) (as so redesignated)—
(A) in the paragraph heading, by inserting “and native and managed pollinators” after “disorder”; and
(B) in subparagraph (C)—
(ii) in clause (i) (as so designated), by striking the period at the end and inserting a semicolon; and
(e) Authorization of appropriations.—Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(h)) is amended by striking “2018” and inserting “2023”.
SEC. 7210. Organic agriculture research and extension initiative.
Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) is amended—
(1) in subsection (a)(7), by striking “conservation” and inserting “conservation, soil health,”; and
SEC. 7211. Farm business management.
Section 1672D(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925f(d)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7212. Urban, indoor, and other emerging agricultural production research, education, and extension initiative.
(a) In general.—The Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672D (7 U.S.C. 5925f) the following:
“SEC. 1672E. Urban, indoor, and other emerging agricultural production research, education, and extension initiative.
“(a) Competitive research and extension grants authorized.—In consultation with the Urban Agriculture and Innovative Production Advisory Committee established under section 222(b) of the Department of Agriculture Reorganization Act of 1994, the Secretary may make competitive grants to support research, education, and extension activities for the purposes of enhancing urban, indoor, and other emerging agricultural production by—
“(1) facilitating the development of urban, indoor, and other emerging agricultural production, harvesting, transportation, aggregation, packaging, distribution, and markets;
“(3) determining and developing the best production management and integrated pest management practices;
“(5) identifying and promoting the horticultural, social, and economic factors that contribute to successful urban, indoor, and other emerging agricultural production;
“(6) analyzing the means by which new agricultural sites are determined, including an evaluation of soil quality, condition of a building, or local community needs;
“(7) exploring new and innovative technologies that minimize energy, lighting systems, water, and other inputs for increased food production;
“(8) examining building material efficiencies and structural upgrades for the purpose of optimizing growth of agricultural products;
“(b) Grant types and process.—Subparagraphs (A) through (E) of paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) shall apply with respect to the making of grants under this section.
(b) Data collection on urban, indoor, and emerging agricultural production.—
(1) IN GENERAL.—Not later than 360 days after the date of enactment of this Act, the Secretary shall conduct as a follow-on study to the census of agriculture conducted in the calendar year 2017 under section 2 of the Census of Agriculture Act of 1997 (7 U.S.C. 2204g) a census of urban, indoor, and other emerging agricultural production, including information about—
SEC. 7213. Centers of excellence at 1890 Institutions.
Section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5926) is amended by adding at the end the following:
“(d) Centers of excellence at 1890s Institutions.—
“(1) ESTABLISHMENT.—The Secretary shall establish not less than 3 centers of excellence, each led by an 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)), to focus on 1 or more of the areas described in paragraph (2).
“(2) AREAS OF FOCUS.—
“(A) STUDENT SUCCESS AND WORKFORCE DEVELOPMENT.—A center of excellence established under paragraph (1) may engage in activities to ensure that students have the skills and education needed to work in agriculture and food industries, agriculture science, technology, engineering, mathematics, and related fields of study.
“(B) NUTRITION, HEALTH, WELLNESS, AND QUALITY OF LIFE.—A center of excellence established under paragraph (1) may carry out research, education, and extension programs that increase access to healthy food, improve nutrition, mitigate preventive disease, and develop strategies to assist limited resource individuals in accessing health and nutrition resources.
“(C) FARMING SYSTEMS, RURAL PROSPERITY, AND ECONOMIC SUSTAINABILITY.—A center of excellence established under paragraph (1) may share best practices with farmers to improve agricultural production, processing, and marketing, reduce urban food deserts, examine new uses for traditional and nontraditional crops, animals, and natural resources, and continue activities carried out by the Center of Innovative and Sustainable Small Farms, Ranches, and Forest Lands.
“(D) GLOBAL FOOD SECURITY AND DEFENSE.—A center of excellence established under paragraph (1) may engage in international partnerships that strengthen agricultural development in developing countries, partner with international researchers regarding new and emerging animal and plant pests and diseases, engage in agricultural disaster recovery, and continue activities carried out by the Center for International Engagement.
“(E) NATURAL RESOURCES, ENERGY, AND ENVIRONMENT.—A center of excellence established under paragraph (1) may focus on protecting and managing domestic natural resources for current and future production of food and agricultural products.
“(F) EMERGING TECHNOLOGIES.—A center of excellence established under paragraph (1) may focus on the development of emerging technologies to increase agricultural productivity, enhance small farm economic viability, and improve rural communities by developing genetic and sensor technologies for food and agriculture and providing technology training to farmers.
“(3) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and every year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing—
SEC. 7214. Assistive technology program for farmers with disabilities.
Section 1680(c)(1)(B) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)(B)) is amended by striking “2018” and inserting “2023”.
SEC. 7215. National Rural Information Center Clearinghouse.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking “2018” and inserting “2023”.
SEC. 7301. National food safety training, education, extension, outreach, and technical assistance program.
Section 405(j) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(j)) is amended by striking “there are authorized” and all that follows through the period at the end and inserting “there is authorized to be appropriated $10,000,000 for each of fiscal years 2019 through 2023.”.
SEC. 7302. Integrated research, education, and extension competitive grants program.
Section 406(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by striking “2018” and inserting “2023”.
SEC. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica.
Section 408(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended—
SEC. 7304. Grants for youth organizations.
Section 410(d)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7305. Specialty crop research initiative.
(a) Industry needs.—Section 412(b) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(b)) is amended—
(2) in paragraph (2), by striking “including threats to specialty crop pollinators;” and inserting the following: “such as—
(b) Funding.—Section 412(k) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(k)) is amended—
SEC. 7306. Food Animal Residue Avoidance Database program.
Section 604(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking “2018” and inserting “2023”.
SEC. 7307. Office of Pest Management Policy.
Section 614(f)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7308. Forestry products advanced utilization research.
Section 617(f)(1) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended by striking “2018” and inserting “2023”.
SEC. 7401. Critical Agricultural Materials Act.
(a) Hemp research.—Section 5(b)(9) of the Critical Agricultural Materials Act (7 U.S.C. 178c(b)(9)) is amended by inserting “, and including hemp (as defined in section 297A of the Agricultural Marketing Act of 1946)” after “hydrocarbon-containing plants”.
(b) Authorization of appropriations.—Section 16(a)(2) of the Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7402. Equity in Educational Land-Grant Status Act of 1994.
(a) Definition of 1994 Institution.—
(1) IN GENERAL.—Section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended—
(B) by redesignating paragraphs (12) through (23) and (25) through (35) as paragraphs (11) through (22) and (26) through (36), respectively;
(b) Endowment for 1994 Institutions.—Section 533(b) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended in the first sentence by striking “2018” and inserting “2023”.
(c) Institutional capacity building grants.—Section 535 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended by striking “2018” each place it appears in subsections (b)(1) and (c) and inserting “2023”.
(d) Research grants.—Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended in the first sentence by striking “2018” and inserting “2023”.
SEC. 7403. Research Facilities Act.
Section 6(a) of the Research Facilities Act (7 U.S.C. 390d(a)) is amended by striking “2018” and inserting “2023”.
SEC. 7404. Agricultural and food research initiative.
Subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)) is amended—
SEC. 7405. Extension design and demonstration initiative.
(a) In general.—The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended by inserting after subsection (c) the following:
“(d) Extension design and demonstration initiative.—
“(1) PURPOSE.—The purpose of this subsection is to encourage the design of adaptive prototype systems for extension and education that seek to advance the application, translation, and demonstration of scientific discoveries and other agricultural research for the adoption and understanding of food, agricultural, and natural resources practices, techniques, methods, and technologies using digital or other novel platforms.
“(2) GRANTS.—The Secretary shall award grants on a competitive basis—
“(A) for the design of 1 or more extension and education prototype systems—
“(B) to demonstrate, by incorporating analytics and specific metrics, the value, impact, and return on the Federal investment of a prototype system designed under subparagraph (A) as a model for use by other eligible entities described in paragraph (3) for improving, modernizing, and adapting applied research, demonstration, and extension services.
“(3) ELIGIBLE ENTITIES.—An entity that is eligible to receive a grant under paragraph (2) is—
“(B) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
(b) Technical and conforming amendments.—The Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157) is amended—
SEC. 7406. Renewable Resources Extension Act of 1978.
(a) Authorization of appropriations.—Section 6 of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is amended in the first sentence by striking “2018” and inserting “2023”.
(b) Termination date.—Section 8 of the Renewable Resources Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95–306) is amended by striking “2018” and inserting “2023”.
SEC. 7407. National Aquaculture Act of 1980.
Section 10 of the National Aquaculture Act of 1980 (16 U.S.C. 2809) is amended by striking “2018” each place it appears and inserting “2023”.
SEC. 7408. Repeal of review of agricultural research service.
Section 7404 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3101 note; Public Law 107–171) is repealed.
SEC. 7409. Biomass research and development.
Section 9008 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8108) is amended—
SEC. 7410. Reinstatement of matching requirement for Federal funds used in extension work at the University of the District of Columbia.
(a) In general.—Section 208(c) of the District of Columbia Public Postsecondary Education Reorganization Act (88 Stat. 1428; sec. 38–1202.09(c), D.C. Official Code) is amended by inserting after the first sentence the following: “Such sums may be used to pay not more than 1⁄2 of the total cost of providing such extension work.”.
SEC. 7411. Enhanced use lease authority pilot program.
Section 308 of the Federal Crop Insurance Reform and Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 3125a note; Public Law 103–354) is amended—
SEC. 7412. Transfer of administrative jurisdiction over portion of Henry A. Wallace Beltsville Agricultural Research Center, Beltsville, Maryland.
(a) Transfer authorized.—Subject to subsection (e), the Secretary may transfer to the Secretary of the Treasury administrative jurisdiction over a parcel of real property at the Henry A. Wallace Beltsville Agricultural Research Center consisting of approximately 100 acres, which was originally acquired by the United States through land acquisitions in 1910 and 1925, and is generally located off of Poultry Road lying between Powder Mill Road and Odell Road in Beltsville, Maryland, for the purpose of facilitating the establishment of Bureau of Engraving and Printing facilities on the parcel.
(b) Legal description and map.—
(c) Terms and conditions.—The transfer of administrative jurisdiction under subsection (a) shall be subject to easements, valid existing rights, and such other reservations, terms, and conditions as the Secretary considers to be necessary.
(d) Waiver.—The parcel of real property under subsection (a) is exempt from Federal screening for other possible use due to an identified Federal need for the parcel as the site of Bureau of Engraving and Printing facilities.
(e) Conditions for transfer.—As a condition of the transfer of administrative jurisdiction under subsection (a), the Secretary of the Treasury shall agree to pay the Secretary the costs incurred to carry out the transfer of administrative jurisdiction under subsection (a), including the costs for—
(f) Hazardous materials.—
(1) IN GENERAL.—For the parcel to be transferred under subsection (a), the Secretary shall meet the applicable disclosure requirements relating to hazardous substances.
(2) REMEDIATION.—The Secretary shall not be required to remediate or abate any hazardous substances disclosed under paragraph (1) or any other hazardous pollutants, contaminants, or waste that may be present at or on the parcel on the date of the transfer of administrative jurisdiction under subsection (a).
SEC. 7413. Foundation for food and agriculture research.
Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939) is amended—
(3) in subsection (f)(3)(B)—
(A) in clause (i)(I)—
(B) by adding at the end the following:
“(iii) STAKEHOLDER NOTICE.—The Foundation shall publish an annual notice with a description of agricultural research priorities under this section for the upcoming fiscal year, including—
“(iv) STRATEGIC PLAN.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Foundation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a strategic plan describing a path for the Foundation to become self-sustaining, including—
“(I) a forecast of major agricultural challenge opportunities identified by the scientific advisory councils of the Foundation and approved by the Board, including short- and long-term objectives;
“(II) an overview of the efforts that the Foundation will take to be transparent in each of the processes of the Foundation, including—
SEC. 7414. Assistance for forestry research under the McIntire-Stennis Cooperative Forestry Act.
Section 2 of Public Law 87–788 (commonly known as the “McIntire-Stennis Cooperative Forestry Act”) (16 U.S.C. 582a-1) is amended in the second sentence—
(2) by inserting “and 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)) that offer an associate’s degree or a baccalaureate degree in forestry,” before “and (b)”.
SEC. 7415. Legitimacy of industrial hemp research.
(a) In general.—Section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) is amended—
(1) by redesignating subsections (a) and (b) as subsections (b) and (a), respectively, and moving the subsections so as to appear in alphabetical order;
(2) in subsection (b) (as so redesignated), in the subsection heading, by striking “In general” and inserting “Industrial hemp research”; and
(b) Repeal.—Effective on the date that is 1 year after the date on which the Secretary establishes a plan under section 297C of the Agricultural Marketing Act of 1946, section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed.
SEC. 7416. Collection of data relating to barley area planted and harvested.
For all acreage reports published after the date of enactment of this Act, the Secretary, acting through the Administrator of the National Agricultural Statistics Service, shall include the State of New York in the States surveyed to produce the table entitled “Barley Area Planted and Harvested” in those reports.
SEC. 7417. Collection of data relating to the size and location of dairy farms.
(a) In general.—Not later than 120 days after the date of enactment of this Act, the Secretary, acting through the Administrator of the Economic Research Service, shall update the report entitled “Changes in the Size and Location of US Dairy Farms” contained in the report of the Economic Research Service entitled “Profits, Costs, and the Changing Structure of Dairy Farming” and published in September 2007.
SEC. 7418. Agriculture innovation center demonstration program.
Section 6402 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b) is amended—
SEC. 7419. Smith-Lever community extension program.
(a) In general.—Section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)) is amended—
(3) by adding at the end the following:
“(2) COMPETITIVE FUNDING.—The Secretary of Agriculture may provide funding, on a competitive basis, to—
“(A) a college or university eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321–326a and 328), including Tuskegee University; or
“(B) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382)) for—
(b) Conforming amendments.—
(1) Section 3(f) of the Smith Lever Act (7 U.S.C. 343(f)) is amended—
(2) Section 533(a)(2)(A) of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382) is amended by striking clause (ii) and inserting the following:
“(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.), except as provided under—
“(I) section 3(b)(3) of that Act (7 U.S.C. 343(b)(3)); or
“(II) paragraph (2) of section 3(d) of that Act (7 U.S.C. 343(d)); or”.
SEC. 7501. Agricultural biosecurity communication center.
Section 14112(c)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8912(c)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8913) is amended—
SEC. 7503. Research and development of agricultural countermeasures.
Section 14121(b)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8921(b)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7504. Agricultural biosecurity grant program.
Section 14122(e)(2) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8922(e)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 7511. Farm and Ranch Stress Assistance Network.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936) is amended—
(1) in subsection (a), by striking “to support cooperative programs between State cooperative extension services and nonprofit organizations” and inserting “to eligible entities described in subsection (c)”;
(2) in subsection (b)—
(B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting the subparagraphs appropriately;
(C) by striking subparagraph (B) (as so redesignated) and inserting the following:
(E) in subparagraph (D) (as so redesignated), by striking “activities; and” and inserting “activities, including the dissemination of information and materials; or”;
(3) by striking subsections (c) and (d) and inserting the following:
“(c) Eligible recipients.—The Secretary may award a grant under this section to—
“(d) Authorization of appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2019 through 2023.
“(e) Report to congress.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary, in coordination with the Secretary of Health and Human Services, shall submit to Congress and any other relevant Federal department or agency, and make publicly available, a report describing the state of behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture.
“(2) CONTENTS.—The report under paragraph (1) shall include—
“(A) an inventory and assessment of efforts to support the behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture by—
“(B) a description of the challenges faced by individuals who are engaged in farming, ranching, and other occupations relating to agriculture that may impact the behavioral and mental health of farmers and ranchers;
“(C) a description of how the Department of Agriculture can improve coordination and cooperation with Federal health departments and agencies, including the Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the Health Resources and Services Administration, the Centers for Disease Control and Prevention, and the National Institutes of Health, to best address the behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture;
“(D) a long-term strategy for responding to the challenges described under subparagraph (B) and recommendations based on best practices for further action to be carried out by appropriate Federal departments or agencies to improve Federal Government response and seek to prevent suicide among individuals who are engaged in farming, ranching, and other occupations relating to agriculture; and
SEC. 7512. Natural products research program.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5937(e)) is amended by striking “2018” and inserting “2023”.
Section 7526(g) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114(g)) is amended by striking “2018” and inserting “2023”.
SEC. 7514. Mechanization and automation for specialty crops.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a review of the programs of the Department of Agriculture that affect the production or processing of specialty crops.
SEC. 7601. Matching funds requirement.
(a) Repeal.—Subtitle P of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371) is repealed.
(b) Conforming amendments.—
(1) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING POLICY ACT OF 1977.—
(A) NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND ECONOMICS ADVISORY BOARD.—Section 1408(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(c)(1)) is amended by striking subparagraph (B) and inserting the following:
(B) GRANTS TO ENHANCE RESEARCH CAPACITY IN SCHOOLS OF VETERINARY MEDICINE.—Section 1415(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151(a)) is amended—
(C) AQUACULTURE ASSISTANCE GRANT PROGRAM.—Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is amended by striking “The Secretary” and all that follows through the period at the end and inserting the following:
“(1) IN GENERAL.—Subject to paragraph (3), the Secretary may make competitive grants to entities eligible for grants under paragraph (2) for research and extension to facilitate or expand promising advances in the production and marketing of aquacultural food species and products and to enhance the safety and wholesomeness of those species and products, including the development of reliable supplies of seed stock and therapeutic compounds.
“(2) ELIGIBLE ENTITIES.—The Secretary may make a competitive grant under paragraph (1) to—
“(3) MATCHING STATE GRANTS.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary shall not make a grant under paragraph (1) unless the State in which the grant recipient is located makes a grant to that recipient in an amount equal to not less than the amount of the grant under paragraph (1) (of which State amount an in-kind contribution shall not exceed 50 percent).
(2) FOOD, AGRICULTURE, CONSERVATION, AND TRADE ACT OF 1990.—
(A) FEDERAL-STATE MATCHING GRANT PROGRAM.—Section 1623(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by striking the second sentence.
(B) AGRICULTURAL GENOME INITIATIVE.—Section 1671 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5924) (as amended by section 7208) is amended—
(ii)by inserting after subsection (e) the following:
“(f) Matching funds requirement.—
“(1) IN GENERAL.—Subject to paragraph (3), with respect to a grant or cooperative agreement under this section that provides a particular benefit to a specific agricultural commodity, the recipient of funds under the grant or cooperative agreement shall provide non-Federal matching funds (including funds from a generic agricultural commodity promotion, research, and information program) equal to not less than the amount provided under the grant or cooperative agreement.
“(2) IN-KIND SUPPORT.—Non-Federal matching funds described in paragraph (1) may include in-kind support.
“(3) WAIVER.—The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—
(C) HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.—Section 1672(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925(a)) is amended—
(ii) in paragraph (1) (as so designated), in the second sentence, by striking “The Secretary shall” and inserting the following:
(iii) by inserting after paragraph (1) the following:
“(2) MATCHING FUNDS REQUIREMENT.—
“(A) IN GENERAL.—Subject to subparagraph (C), an entity receiving a grant under paragraph (1) shall provide non-Federal matching funds (including funds from a generic agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
“(B) IN-KIND SUPPORT.—Non-Federal matching funds described in subparagraph (A) may include in-kind support.
“(C) WAIVER.—The Secretary may waive the matching funds requirement under subparagraph (A) with respect to a research project if the Secretary determines that—
(D) ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.—Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as amended by section 7210) is amended—
(i) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(ii) by inserting after subsection (b) the following:
“(c) Matching requirement.—
“(1) IN GENERAL.—Subject to paragraph (3), an entity receiving a grant under subsection (a) shall provide non-Federal matching funds (including funds from a generic agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
“(2) IN-KIND SUPPORT.—Non-Federal matching funds described in paragraph (1) may include in-kind support.
“(3) WAIVER.—The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—
(3) AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM ACT OF 1998.—
(A) INTEGRATED RESEARCH, EDUCATION, AND EXTENSION COMPETITIVE GRANTS PROGRAM.—Section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626) is amended—
(ii) by inserting after subsection (c) the following:
“(d) Matching funds requirement.—
“(1) IN GENERAL.—Subject to paragraph (3), with respect to a grant under this section that provides a particular benefit to a specific agricultural commodity, the recipient of the grant shall provide non-Federal matching funds (including funds from a generic agricultural commodity promotion, research, and information program) equal to not less than the amount of the grant.
“(2) IN-KIND SUPPORT.—Non-Federal matching funds described in paragraph (1) may include in-kind support.
“(3) WAIVER.—The Secretary may waive the matching funds requirement under paragraph (1) with respect to a research project if the Secretary determines that—
(B) SPECIALTY CROP RESEARCH INITIATIVE.—Section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)) is amended—
(ii) by inserting after paragraph (2) the following:
(4) OTHER LAWS.—
(A) SUN GRANT PROGRAM.—Section 7526(c)(1)(C)(iv) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8114(c)(1)(C)(iv)) is amended by striking subclause (IV).
(B) AGRICULTURE AND FOOD RESEARCH INITIATIVE.—Subsection (b)(9) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 3157(b)(9)) is amended—
(c) Application of amendments.—
(1) GRANTS AWARDED AFTER OCTOBER 1, 2018.—The amendments made by subsections (a) and (b) shall apply with respect to grants described in subsection (b) that are awarded after October 1, 2018.
(2) GRANTS AWARDED ON OR BEFORE OCTOBER 1, 2018.—Notwithstanding the amendments made by subsections (a) and (b), a matching funds requirement in effect on the day before the date of enactment of this Act under a provision of law amended by subsection (a) or (b) shall continue to apply to a grant described in subsection (b) that is awarded on or before October 1, 2018.
SEC. 8101. State and private forest landscape-scale restoration program.
(a) In general.—Section 13A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:
“SEC. 13A. State and private forest landscape-scale restoration program.
“(a) Purpose.—The purpose of this section is to encourage collaborative, science-based restoration of priority forest landscapes.
“(b) Definitions.—In this section:
“(1) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(c) Establishment.—The Secretary, in consultation with State foresters or appropriate State agencies, shall establish a competitive grant program to provide financial and technical assistance to encourage collaborative, science-based restoration of priority forest landscapes.
“(d) Eligibility.—To be eligible to receive a grant under this section, an applicant shall submit to the Secretary, through the State forester or appropriate State agency, a State and private forest landscape-scale restoration proposal based on a restoration strategy that—
“(e) Plan criteria.—A State and private forest landscape-scale restoration proposal submitted under this section shall include plans—
“(2) to improve fish and wildlife habitats, including the habitats of threatened and endangered species;
“(f) Priorities.—In making grants under this section, the Secretary shall give priority to plans that—
“(g) Collaboration and consultation.—The Chief of the Forest Service, the Chief of the Natural Resources Conservation Service, and relevant stakeholders shall collaborate and consult on an ongoing basis regarding—
“(h) Matching funds required.—As a condition of receiving a grant under this section, the Secretary shall require the recipient of the grant to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount of Federal funds.
“(i) Coordination and proximity encouraged.—In making grants under this section, the Secretary may consider coordination with and proximity to other landscape-scale projects on other land under the jurisdiction of the Secretary, the Secretary of the Interior, or a Governor of a State, including under—
“(1) the Collaborative Forest Landscape Restoration Program established under section 4003 of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303);
“(2) landscape areas designated for insect and disease treatments under section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a);
“(4) stewardship end result contracting projects authorized under section 604 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591c);
“(j) Regulations.—The Secretary shall promulgate such regulations as the Secretary determines necessary to carry out this section.
“(k) Report.—Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on—
“(l) Fund.—
“(1) IN GENERAL.—There is established in the Treasury a fund, to be known as the ‘State and Private Forest Landscape-Scale Restoration Fund’ (referred to in this subsection as the ‘Fund’), to be used by the Secretary to make grants under this section.
(b) Conforming amendments.—
(1) Section 13B of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by striking “sections 13A and 13B” and inserting “section 13A”.
SEC. 8201. Repeal of recycling research.
Section 9 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. Repeal of forestry student grant program.
Section 10 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1649) is repealed.
(a) Biomass energy demonstration projects.—Section 2410 of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 6708) is repealed.
(b) Interagency cooperation to maximize biomass growth.—Section 2411 of the Global Climate Change Prevention Act of 1990 (7 U.S.C. 6709) is amended in the matter preceding paragraph (1) by striking “to—” and all that follows through “such forests and lands” in paragraph (2) and inserting “to develop a program to manage forests and land on Department of Defense military installations”.
SEC. 8401. Promoting cross-boundary wildfire mitigation.
Section 103 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6513) is amended by adding at the end the following:
“(e) Cross-boundary hazardous fuel reduction projects.—
“(1) DEFINITIONS.—In this subsection:
“(2) GRANTS.—The Secretary may make grants to State foresters to support hazardous fuel reduction projects that incorporate treatments in landscapes across ownership boundaries on Federal and non-Federal land, particularly in areas identified as priorities in applicable State-wide forest resource assessments or strategies under section 2A(a) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State forester and the Regional Forester.
“(3) LAND TREATMENTS.—To conduct and fund treatments for hazardous fuel reduction projects carried out by State foresters using grants under paragraph (2), the Secretary may use the authorities of the Secretary relating to cooperation and technical and financial assistance, including the good neighbor authority under—
“(A) section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a); and
“(B) section 331 of the Department of the Interior and Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note; Public Law 106–291).
SEC. 8402. Authorization of appropriations for hazardous fuel reduction on Federal land.
Section 108 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6518) is amended by striking “$760,000,000 for each fiscal year” and inserting “$660,000,000 for each of fiscal years 2019 through 2023”.
SEC. 8403. Repeal of biomass commercial utilization grant program.
(a) In general.—Section 203 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6531) is repealed.
(b) Conforming amendment.—The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by striking the item relating to section 203.
SEC. 8404. Water Source Protection Program.
(a) In general.—Title III of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at the end the following:
“(a) Definitions.—In this section:
“(2) FOREST MANAGEMENT ACTIVITY.—The term ‘forest management activity’ means a project carried out by the Secretary on National Forest System land.
“(3) FOREST PLAN.—The term ‘forest plan’ means a land management plan prepared by the Forest Service for a unit of the National Forest System pursuant to section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
“(4) NON-FEDERAL PARTNER.—The term ‘non-Federal partner’ means an end water user with whom the Secretary has entered into a partnership agreement under subsection (c)(1).
“(5) PROGRAM.—The term ‘Program’ means the Water Source Protection Program established under subsection (b).
“(b) Establishment.—The Secretary shall establish and maintain a program, to be known as the ‘Water Source Protection Program’, to carry out watershed protection and restoration projects on National Forest System land.
“(c) Water source investment partnerships.—
“(d) Water source management plan.—
“(1) IN GENERAL.—In carrying out the Program, the Secretary, in cooperation with the non-Federal partners and applicable State, local, and Tribal governments, may develop a water source management plan that describes the proposed implementation of watershed protection and restoration projects under the Program.
“(2) REQUIREMENT.—A water source management plan shall be conducted in a manner consistent with the forest plan applicable to the National Forest System land on which the watershed protection and restoration project is carried out.
“(3) ENVIRONMENTAL ANALYSIS.—The Secretary may conduct a single environmental impact statement or similar analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)—
“(e) Forest management activities.—
“(1) IN GENERAL.—To the extent that forest management activities are necessary to protect, maintain, or enhance water quality, and in accordance with paragraph (2), the Secretary shall carry out forest management activities as part of watershed protection and restoration projects carried out on National Forest System land, with the primary purpose of—
“(f) Endangered Species Act of 1973.—In carrying out the Program, the Secretary may use the Manual on Adaptive Management of the Department of the Interior, including any associated guidance, to comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
“(g) Funds and services.—
“(1) IN GENERAL.—In carrying out the Program, the Secretary may accept and use funding, services, and other forms of investment and assistance from non-Federal partners to implement the water source management plan.
“(2) MATCHING FUNDS REQUIRED.—The Secretary shall require the contribution of funds or in-kind support from non-Federal partners to be in an amount that is at least equal to the amount of Federal funds.
“(3) MANNER OF USE.—The Secretary may accept and use investments described in paragraph (1) directly or indirectly through the National Forest Foundation.
“(4) WATER SOURCE PROTECTION FUND.—
“(A) IN GENERAL.—Subject to the availability of appropriations, the Secretary may establish a Water Source Protection Fund to match funds or in-kind support contributed by non-Federal partners under paragraph (1).
(b) Conforming amendment.—The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by striking the item relating to section 303 and inserting the following:
SEC. 8405. Watershed Condition Framework.
(a) In general.—Title III of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a)) is amended by adding at the end the following:
“SEC. 304. Watershed Condition Framework.
“(a) In general.—The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ‘Secretary’), shall establish and maintain a Watershed Condition Framework for National Forest System land—
“(1) to evaluate and classify the condition of watersheds, taking into consideration—
“(2) to identify for protection and restoration up to 5 priority watersheds in each National Forest, and up to 2 priority watersheds in each national grassland, taking into consideration the impact of the condition of the watershed condition on—
“(3) to develop a watershed protection and restoration action plan for each priority watershed that—
“(b) Coordination.—In carrying out subsection (a), the Secretary shall—
(b) Conforming amendment.—The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) (as amended by section 8404(b)) is amended by inserting after the item relating to section 303 the following:
“Sec. 304. Watershed Condition Framework.”.
SEC. 8406. Authorization of appropriations to combat insect infestations and related diseases.
(a) In general.—Section 406 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6556) is amended to read as follows:
(b) Conforming amendment.—The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by striking the item relating to section 406 and inserting the following:
“Sec. 406. Termination of effectiveness.”.
SEC. 8407. Healthy Forests Reserve Program reauthorization.
Section 508(b) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6578(b)) is amended—
SEC. 8408. Authorization of appropriations for designation of treatment areas.
Section 602 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591a) is amended by striking subsection (f).
SEC. 8409. Administrative review of collaborative restoration projects.
Section 603(c) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591b(c)) is amended by adding at the end the following:
SEC. 8501. Repeal of revision of strategic plan for forest inventory and analysis.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 note; Public Law 113–79) is repealed.
SEC. 8502. Semiarid agroforestry research center.
Section 1243(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101–624) is amended by striking “annually” and inserting “for each of fiscal years 2019 through 2023”.
SEC. 8503. National Forest Foundation Act.
(a) Matching funds.—Section 405(b) of the National Forest Foundation Act (16 U.S.C. 583j–3(b)) is amended by striking “2018” and inserting “2023”.
(b) Authorization of appropriations.—Section 410(b) of the National Forest Foundation Act (16 U.S.C. 583j–8(b)) is amended by striking “2018” and inserting “2023”.
SEC. 8504. Conveyance of Forest Service administrative sites.
Section 503(f) of the Forest Service Facility Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109–54) is amended by striking “2016” and inserting “2023”.
In this subtitle:
(1) NATIONAL FOREST SYSTEM.—The term “National Forest System” has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(2) PUBLIC LAND.—The term “public land” has the meaning given the term “public lands” in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).
SEC. 8611. Categorical exclusion for greater sage-grouse and mule deer habitat.
(a) In general.—Title VI of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the following:
“(a) Definitions.—In this section:
“(1) COVERED VEGETATION MANAGEMENT ACTIVITY.—
“(A) IN GENERAL.—The term ‘covered vegetation management activity’ means any activity described in subparagraph (B) that—
“(ii) with respect to public land, meets the objectives of the order of the Secretary of the Interior numbered 3336 and dated January 5, 2015;
“(iv) protects, restores, or improves greater sage-grouse or mule deer habitat in a sagebrush steppe ecosystem as described in—
“(vi) (I) restores native vegetation following a natural disturbance;
“(vii) provides for the conduct of restoration treatments that—
“(II) consider the best available scientific information to maintain or restore the ecological integrity, including maintaining or restoring structure, function, composition, and connectivity;
“(III) are developed and implemented through a collaborative process that—
“(bb)(AA) is transparent and nonexclusive; or
“(BB) meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7125); and
“(IV) may include the implementation of a proposal that complies with the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(b)).
“(B) DESCRIPTION OF ACTIVITIES.—An activity referred to in subparagraph (A) is—
“(i) manual cutting and removal of juniper trees, pinyon pine trees, other associated conifers, or other nonnative or invasive vegetation;
“(ii) mechanical mastication, cutting, or mowing, mechanical piling and burning, chaining, broadcast burning, or yarding;
“(iv) collection and seeding or planting of native vegetation using a manual, mechanical, or aerial method;
“(v) seeding of nonnative, noninvasive, ruderal vegetation only for the purpose of emergency stabilization;
“(vi) targeted use of an herbicide, subject to the condition that the use shall be in accordance with applicable legal requirements, Federal agency procedures, and land use plans;
“(vii) targeted livestock grazing to mitigate hazardous fuels and control noxious and invasive weeds;
“(viii) temporary removal of wild horses or burros in the area in which the activity is being carried out to ensure treatment objectives are met;
“(ix) in coordination with the affected permit holder, modification or adjustment of permissible usage under an annual plan of use of a grazing permit issued by the Secretary concerned to achieve restoration treatment objectives;
“(C) EXCLUSIONS.—The term ‘covered vegetation management activity’ does not include—
“(iii) any activity conducted on Federal land on which, by Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited;
“(3) TEMPORARY ROAD.—The term ‘temporary road’ means a road that is—
“(B) not intended to be part of the permanent transportation system of a Federal department or agency;
“(b) Categorical exclusion.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary concerned shall develop a categorical exclusion (as defined in section 1508.4 of title 40, Code of Federal Regulations (or a successor regulation)) for covered vegetation management activities carried out to protect, restore, or improve habitat for greater sage-grouse or mule deer.
“(2) ADMINISTRATION.—In developing and administering the categorical exclusion under paragraph (1), the Secretary concerned shall—
“(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
“(B) with respect to National Forest System land, apply the extraordinary circumstances procedures under section 220.6 of title 36, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion;
“(C) with respect to public land, apply the extraordinary circumstances procedures under section 46.215 of title 43, Code of Federal Regulations (or successor regulations), in determining whether to use the categorical exclusion; and
“(c) Implementation of covered vegetative management activities within the range of greater sage-grouse and mule deer.—If the categorical exclusion developed under subsection (b) is used to implement a covered vegetative management activity in an area within the range of both greater sage-grouse and mule deer, the covered vegetative management activity shall protect, restore, or improve habitat concurrently for both greater sage-grouse and mule deer.
“(d) Long-term monitoring and maintenance.—Before commencing any covered vegetation management activity that is covered by the categorical exclusion under subsection (b), the Secretary concerned shall develop a long-term monitoring and maintenance plan, covering at least the 20-year period beginning on the date of commencement, to ensure that management of the treated area does not degrade the habitat gains secured by the covered vegetation management activity.
“(e) Disposal of vegetative material.—Subject to applicable local restrictions, any vegetative material resulting from a covered vegetation management activity that is covered by the categorical exclusion under subsection (b) may be—
“(f) Treatment for temporary roads.—
“(1) IN GENERAL.—Notwithstanding subsection (a)(1)(B)(xi), any temporary road constructed in carrying out a covered vegetation management activity that is covered by the categorical exclusion under subsection (b)—
(b) Conforming amendments.—The table of contents for the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108–148) is amended by adding at the end of the items relating to title VI the following:
“Sec. 602. Designation of treatment areas.
“Sec. 603. Administrative review.
“Sec. 604. Stewardship end result contracting projects.
“Sec. 605. Wildfire resilience projects.
“Sec. 606. Categorical exclusion for greater sage-grouse and mule deer habitat.”.
SEC. 8621. Additional authority for sale or exchange of small parcels of National Forest System land.
(a) Increase in maximum value of small parcels.—Section 3 of Public Law 97–465 (commonly known as the “Small Tract Act of 1983”) (16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by striking “$150,000” and inserting “$500,000”.
(b) Additional conveyance purposes.—Section 3 of Public Law 97–465 (16 U.S.C. 521e) (as amended by subsection (a)) is amended—
(3) by adding at the end the following:
(c) Disposition of proceeds.—Section 2 of Public Law 97–465 (16 U.S.C. 521d) is amended—
(1) in the matter preceding paragraph (1), by striking “The Secretary is authorized” and inserting the following:
(2) in paragraph (2), in the second sentence, by striking “The Secretary shall insert” and inserting the following:
(4) by adding at the end the following:
“(c) Disposition of proceeds.—
“(1) DEPOSIT IN SISK FUND.—The net proceeds derived from any sale or exchange conducted under paragraph (4), (5), or (6) of section 3 shall be deposited in the fund established under Public Law 90–171 (commonly known as the ‘Sisk Act’) (16 U.S.C. 484a).
“(2) USE.—Amounts deposited under paragraph (1) shall be available to the Secretary until expended for—
“(A) the acquisition of land or interests in land for administrative sites for the National Forest System in the State from which the amounts were derived;
SEC. 8622. Forest Service participation in ACES program.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) is amended—
SEC. 8623. Authorization for lease of Forest Service sites.
(a) Definitions.—In this section:
(1) ADMINISTRATIVE SITE.—
(A) IN GENERAL.—The term “administrative site” means—
(i) any facility or improvement, including curtilage, that was acquired or is used specifically for purposes of administration of the National Forest System;
(b) Authorization.—The Secretary may lease an administrative site that is under the jurisdiction of the Secretary in accordance with this section.
(c) Identification of eligible sites.—A regional forester, in consultation with forest supervisors in the region, may submit to the Secretary a recommendation for administrative sites in the region that the regional forester considers eligible for leasing under this section.
(d) Consultation with local government and public notice.—Before making an administrative site available for lease under this section, the Secretary shall—
(e) Lease requirements.—
(1) SIZE.—An administrative site or compound of administrative sites under a single lease under this section may not exceed 40 acres.
(2) CONFIGURATION OF ADMINISTRATIVE SITES.—
(3) CONSIDERATION.—
(A) IN GENERAL.—A person to which a lease of an administrative site is made under this section shall provide to the Secretary consideration described in subparagraph (B) in an amount that is not less than the market value of the administrative site, as determined in accordance with subparagraph (C).
(B) FORM OF CONSIDERATION.—The consideration referred to in subparagraph (A) may be—
(C) DETERMINATION OF MARKET VALUE.—
(i) IN GENERAL.—The Secretary shall determine the market value of an administrative site to be leased under this section—
(I) by conducting an appraisal in accordance with—
(aa) the Uniform Appraisal Standards for Federal Land Acquisitions established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
(4) CONDITIONS.—The lease of an administrative site under this section shall be subject to such conditions, including bonding, as the Secretary determines to be appropriate.
(5) RIGHT OF FIRST REFUSAL.—Subject to terms and conditions that the Secretary determines to be necessary, the Secretary shall offer to lease an administrative site to the municipality or county in which the administrative site is located before seeking to lease the administrative site to any other person.
(f) Relation to other laws.—
(1) FEDERAL PROPERTY DISPOSAL.—Chapter 5 of title 40, United States Code, shall not apply to the lease of an administrative site under this section.
(2) LEAD-BASED PAINT AND ASBESTOS ABATEMENT.—
(A) IN GENERAL.—Notwithstanding any provision of law relating to the mitigation or abatement of lead-based paint or asbestos-containing building materials, the Secretary shall not be required to mitigate or abate lead-based paint or asbestos-containing building materials with respect to an administrative site to be leased under this section.
(B) PROCEDURES.—With respect to an administrative site to be leased under this section that has lead-based paint or asbestos-containing building materials, the Secretary shall—
(3) ENVIRONMENTAL REVIEW.—The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the lease of an administrative site under this section, except that, in any environmental review or analysis required under that Act for the lease of an administrative site under this section, the Secretary shall be required only—
(A) to analyze the most reasonably foreseeable use of the administrative site, as determined through a market analysis;
(C) to evaluate the alternative of not leasing the administrative site in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(g) Use of consideration.—Cash consideration for a lease of an administrative site under this section shall be available to the Secretary, until expended and without further appropriation, to pay—
(1) any necessary and incidental costs incurred by the Secretary in connection with—
(h) Congressional notifications.—
(1) ANTICIPATED USE OF AUTHORITY.—As part of the annual budget justification documents provided to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, the Secretary shall include—
(A) a list of the anticipated leases to be made, including the anticipated revenue that may be obtained, under this section;
(2) CHANGES TO LEASE LIST.—If the Secretary desires to lease an administrative site under this section that is not included on a list provided under paragraph (1)(A), the Secretary shall submit to the congressional committees described in paragraph (3) a notice of the proposed lease, including the anticipated revenue that may be obtained from the lease.
(3) USE OF AUTHORITY.—Not less frequently than once each year, the Secretary shall submit to the Committee on Agriculture, the Committee on Appropriations, and the Committee on Natural Resources of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate a report describing each lease made by the Secretary under this section during the period covered by the report.
SEC. 8624. Good neighbor authority.
(a) Inclusion of Indian tribes.—Section 8206(a) of the Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended—
(1) in paragraph (1)(A), by striking “land and non-Federal land” and inserting “land, non-Federal land, and land owned by an Indian tribe”;
(4) by inserting after paragraph (5) (as so redesignated) the following:
“(6) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).”.
(b) Inclusion of counties.—Section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) is amended—
(1) in subsection (a)—
(B) by redesignating paragraphs (2) through (9) (as amended by subsection (a)) as paragraphs (3) through (10), respectively;
SEC. 8625. Wildland-urban interface.
To the maximum extent practicable, the Secretary shall prioritize the expenditure of hazardous fuels funding for projects within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)).
SEC. 8626. Chattahoochee-Oconee National Forest land adjustment.
(a) Findings.—Congress finds that—
(b) Land conveyance authority.—
(1) IN GENERAL.—Under such terms and conditions as the Secretary may prescribe, the Secretary may sell or exchange any or all rights, title, and interest of the United States in and to the National Forest System land described in paragraph (2)(A).
(2) LAND AUTHORIZED FOR DISPOSAL.—
(A) IN GENERAL.—The National Forest System land referred to in paragraph (1) is the 30 tracts of land totaling approximately 3,841 acres that are generally depicted on the 2 maps entitled “Priority Land Adjustments, State of Georgia, U.S. Forest Service–Southern Region, Oconee and Chattahoochee National Forests, U.S. Congressional Districts–8, 9, 10 & 14” and dated September 24, 2013.
(3) FORM OF CONVEYANCE.—
(4) VALUATION.—
(5) CONSIDERATION.—
(A) CASH.—Consideration for a sale of National Forest System land or equalization of an exchange under paragraph (1) shall be paid in cash.
(B) EXCHANGE.—Notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any National Forest System land exchanged under paragraph (1).
(6) METHOD OF SALE.—
(A) OPTIONS.—The Secretary may sell National Forest System land under paragraph (1) at public or private sale, including competitive sale by auction, bid, or otherwise, in accordance with such terms, conditions, and procedures as the Secretary determines are in the best interest of the United States.
(c) Treatment of proceeds.—
(1) DEPOSIT.—Subject to subsection (b)(7)(B), the Secretary shall deposit the proceeds of a sale or a cash equalization payment received from the sale or exchange of National Forest System land under subsection (b)(1) in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).
SEC. 8627. Tennessee wilderness.
(a) Definitions.—In this section:
(b) Additions to Cherokee National Forest.—
(1) DESIGNATION OF WILDERNESS.—In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the Cherokee National Forest in the State are designated as wilderness and as additions to the National Wilderness Preservation System:
(A) Certain land comprising approximately 9,038 acres, as generally depicted as the “Upper Bald River Wilderness” on the Map and which shall be known as the “Upper Bald River Wilderness”.
(B) Certain land comprising approximately 348 acres, as generally depicted as the “Big Frog Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Big Frog Wilderness.
(C) Certain land comprising approximately 630 acres, as generally depicted as the “Little Frog Mountain Addition NW” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
(D) Certain land comprising approximately 336 acres, as generally depicted as the “Little Frog Mountain Addition NE” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
(E) Certain land comprising approximately 2,922 acres, as generally depicted as the “Sampson Mountain Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Sampson Mountain Wilderness.
(2) MAPS AND LEGAL DESCRIPTIONS.—
(A) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas designated by paragraph (1) with the appropriate committees of Congress.
(3) ADMINISTRATION.—
(A) IN GENERAL.—Subject to valid existing rights, the Federal land designated as wilderness by paragraph (1) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of enactment of this Act.
(B) FISH AND WILDLIFE MANAGEMENT.—In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness areas designated by paragraph (1).
SEC. 8628. Additions to Rough Mountain and Rich Hole Wildernesses.
(a) Rough Mountain Addition.—Section 1 of Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) is amended by adding at the end the following:
“(21) ROUGH MOUNTAIN ADDITION.—Certain land in the George Washington National Forest comprising approximately 1,000 acres, as generally depicted as the ‘Rough Mountain Addition’ on the map entitled ‘GEORGE WASHINGTON NATIONAL FOREST – South half – Alternative I – Selected Alternative Management Prescriptions – Land and Resources Management Plan Final Environmental Impact Statement’ and dated March 4, 2014, which is incorporated in the Rough Mountain Wilderness Area designated by paragraph (1).”.
(b) Rich Hole Addition.—
(1) POTENTIAL WILDERNESS DESIGNATION.—In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the George Washington National Forest comprising approximately 4,600 acres, as generally depicted as the “Rich Hole Addition” on the map entitled “GEORGE WASHINGTON NATIONAL FOREST – South half – Alternative I – Selected Alternative Management Prescriptions – Land and Resources Management Plan Final Environmental Impact Statement” and dated March 4, 2014, is designated as a potential wilderness area for incorporation in the Rich Hole Wilderness Area designated by section 1(2) of Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002).
(2) WILDERNESS DESIGNATION.—The potential wilderness area designated by paragraph (1) shall be designated as wilderness and incorporated in the Rich Hole Wilderness Area designated by section 1(2) of Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) on the earlier of—
(3) MANAGEMENT.—Except as provided in paragraph (4), the Secretary shall manage the potential wilderness area designated by paragraph (1) in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).
(4) WATER QUALITY IMPROVEMENT ACTIVITIES.—
(A) IN GENERAL.—To enhance natural ecosystems within the potential wilderness area designated by paragraph (1) by implementing certain activities to improve water quality and aquatic passage, as set forth in the Forest Service document entitled “Decision Notice for the Lower Cowpasture Restoration and Management Project” and dated December 2015, the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Rich Hole Wilderness Area under paragraph (2).
SEC. 8629. Kisatchie National Forest land conveyance.
(a) Finding.—Congress finds that it is in the public interest to authorize the conveyance of certain Federal land in the Kisatchie National Forest in the State of Louisiana for market value consideration.
(b) Definitions.—In this section:
(c) Authorization of conveyances, Kisatchie National Forest, Louisiana.—
(1) AUTHORIZATION.—
(A) IN GENERAL.—Subject to valid existing rights and paragraph (2), the Secretary may convey the Federal land described in subparagraph (B) by quitclaim deed at public or private sale, including competitive sale by auction, bid, or other methods.
(2) FIRST RIGHT OF PURCHASE.—Subject to valid existing rights and subsection (e), during the 1-year period beginning on the date of enactment of this Act, on the provision of consideration by the Collins Camp Properties to the Secretary, the Secretary shall convey, by quitclaim deed, to Collins Camp Properties all right, title, and interest of the United States in and to—
(3) TERMS AND CONDITIONS.—The Secretary may—
(5) MARKET VALUE.—The market value of the Federal land conveyed under this section shall be determined—
(6) HAZARDOUS SUBSTANCES.—
(A) IN GENERAL.—In any conveyance of Federal land under this section, the Secretary shall meet disclosure requirements for hazardous substances, but shall otherwise not be required to remediate or abate the substances.
(B) EFFECT.—Except as provided in subparagraph (A), nothing in this subsection affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the conveyances of Federal land.
(d) Proceeds from the sale of land.—The Secretary shall deposit the proceeds of a conveyance of Federal land under subsection (c) in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).
(e) Administration.—
(1) COSTS.—As a condition of a conveyance of Federal land to Collins Camp Properties under subsection (c), the Secretary shall require Collins Camp Properties to pay at closing—
(2) PERMITS.—
(A) IN GENERAL.—An offer by Collins Camp Properties for the acquisition of the Federal land under subsection (c) shall be accompanied by a written statement from each holder of a Forest Service special use authorization with respect to the Federal land that specifies that the holder agrees to relinquish the special use authorization on the conveyance of the Federal land to Collins Camp Properties.
(B) SPECIAL USE AUTHORIZATIONS.—If any holder of a special use authorization described in subparagraph (A) fails to provide a written authorization in accordance with that subparagraph, the Secretary shall require, as a condition of the conveyance, that Collins Camp Properties administer the special use authorization according to the terms of the special use authorization until the date on which the special use authorization expires.
SEC. 8630. Purchase of Natural Resources Conservation Service property, Riverside County, California.
(a) Findings.—Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of land in Riverside, California, consisting of approximately 8.75 acres, more specifically described in subsection (b)(1) (in this section referred to as the “property”).
(2) The property is under the jurisdiction of the Department of Agriculture and has been variously used for research and plant materials purposes.
(3) Since 1998, the property has been administered by the Natural Resources Conservation Service of the Department of Agriculture.
(4) Since 2002, the property has been co-managed under a cooperative agreement between the Natural Resources Conservation Service and the Riverside Corona Resource Conservation District, which is a legal subdivision of the State of California under section 9003 of the California Public Resources Code.
(b) Land purchase, Natural Resources Conservation Service property, Riverside County, California.—
(1) PURCHASE AUTHORIZED.—The Secretary shall sell and quitclaim to the Riverside Corona Resource Conservation District (in this section referred to as the “Conservation District”) all right, title, and interest of the United States in and to a parcel of real property, including improvements thereon, that is located at 4500 Glenwood Drive in Riverside, California, consists of approximately 8.75 acres, and is administered by the Natural Resources Conservation Service of the Department of Agriculture. As necessary or desirable to facilitate the purchase of the property under this subsection, the Secretary or the Conservation District may survey all or portions of the property.
(2) CONSIDERATION.—As consideration for the purchase of the property under this subsection, the Conservation District shall pay to the Secretary an amount equal to the appraised value of the property.
(3) PROHIBITION ON RESERVATION OF INTEREST.—The Secretary shall not reserve any future interest in the property to be conveyed under this subsection, except such interest as may be acceptable to the Conservation District.
(4) HAZARDOUS SUBSTANCES.—Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), in the case of the property purchased by the Conservation District under this subsection, the Secretary shall be only required to meet the disclosure requirements for hazardous substances, pollutants, or contaminants, but shall otherwise not be required to remediate or abate any such releases of hazardous substances, pollutants, or contaminants, including petroleum and petroleum derivatives.
(5) COOPERATIVE AUTHORITY.—
(A) LEASES, CONTRACTS, AND COOPERATIVE AGREEMENTS AUTHORIZED.—In conjunction with, or in addition to, the purchase of the property by the Conservation District under this subsection, the Secretary may enter into leases, contracts and cooperative agreements with the Conservation District.
SEC. 8631. Collaborative Forest Landscape Restoration Program.
(a) Reauthorization.—Section 4003(f)(6) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is amended by striking “$40,000,000 for each of fiscal years 2009 through 2019” and inserting “$80,000,000 for each of fiscal years 2019 through 2023”.
(b) Reporting requirements.—Section 4003(h) of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(h)) is amended—
SEC. 8632. Utility infrastructure rights-of-way vegetation management pilot program.
(a) Definitions.—In this section:
(1) NATIONAL FOREST SYSTEM LAND.—
(A) IN GENERAL.—The term “National Forest System land” means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) EXCLUSIONS.—The term “National Forest System land” does not include—
(ii) a land utilization project on land designated as a National Grassland and administered pursuant to sections 31, 32, and 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010, 1011, 1012).
(2) PASSING WILDFIRE.—The term “passing wildfire” means a wildfire that originates outside of a right-of-way.
(3) PILOT PROGRAM.—The term “pilot program” means the pilot program established by the Secretary under subsection (b).
(b) Establishment.—To encourage owners or operators of rights-of-way on National Forest System land to partner with the Forest Service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary may establish a limited, voluntary pilot program, in the manner described in this section, to conduct vegetation management projects on National Forest System land adjacent to or near those rights-of-way.
(c) Eligible participants.—
(1) IN GENERAL.—A participant in the pilot program shall be the owner or operator of a right-of-way on National Forest System land.
(2) SELECTION PRIORITY.—In selecting participants for the pilot program, the Secretary shall give priority to an owner or operator of a right-of-way that has worked with Forest Service fire scientists and used technologies, such as light detection and ranging surveys, to improve utility infrastructure protection prescriptions.
(d) Vegetation management projects.—
(1) IN GENERAL.—A vegetation management project conducted under the pilot program shall involve only limited and selective vegetation management activities that—
(A) shall create the least disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models;
(B) may include thinning, fuel reduction, creation and treatment of shaded fuel breaks, and other appropriate measures;
(e) Project costs.—
(f) Liability.—
(1) IN GENERAL.—Participation in the pilot program shall not affect any legal obligations or liability standards that—
(2) PROJECT WORK.—A participant in the pilot program shall not be liable to the United States for damage proximately caused by an activity conducted pursuant to an approved vegetation management project conducted under the pilot program, unless—
(g) Implementation.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall use the authority of the Secretary under other laws (including regulations) to carry out the pilot program.
(2) MODIFICATION OF REGULATIONS.—In order to implement the pilot program in an efficient and expeditious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition Regulation, including waivers or modifications to allow for the formation of contracts or agreements on a noncompetitive basis.
SEC. 8633. Okhissa Lake rural economic development land conveyance.
(a) Definition of Alliance.—In this section, the term “Alliance” means the Scenic Rivers Development Alliance.
(b) Request.—Subject to the requirements of this section, if the Alliance submits a written request for conveyance by not later than 180 days after the date of enactment of this Act and the Secretary determines that it is in the public interest to convey the National Forest System Land described in subsection (c), the Secretary shall convey to the Alliance all right, title, and interest of the United States in and to the National Forest System land described in subsection (c) by quitclaim deed through a public or private sale, including a competitive sale by auction or bid.
(c) Description of National Forest System land.—
(1) IN GENERAL.—Subject to paragraph (2), the National Forest System land referred to in subsection (b) is the approximately 150 acres of real property located in sec. 6, T. 5 N. R. 4 E., Franklin County, Mississippi, and further described as—
(F) the portion of the NE1⁄4 SW1⁄4 commencing at the southwest corner of the NE1⁄4 SW1⁄4 , said point being the point of beginning, thence running east 330 feet along the south boundary of the NE1⁄4 SW1⁄4 to a point in Lake Okhissa, thence running northeasterly to a point in Lake Okhissa on the east boundary of the NE1⁄4 SW1⁄4 330 feet south of the northeast corner thereof, thence running north 330 feet along the east boundary of the NE1⁄4 SW1⁄4 to the northeast corner thereof, thence running west along the north boundary of the NE1⁄4 SW1⁄4 to the NW corner thereof; thence running south along the west boundary of the NE1⁄4 SW1⁄4 to the point of beginning; and
(G) the portion of the SE1⁄4 SE1⁄4 NW1⁄4 commencing at the southeast corner of the SE1⁄4 NW1⁄4 , said point being the point of beginning, and running northwesterly to the northwest corner of the SE1⁄4 SE1⁄4 NW1⁄4 , thence running south along the west boundary of the SE1⁄4 SE1⁄4 NW1⁄4 to the southwest corner thereof, thence running east along the south boundary of the SE1⁄4 SE1⁄4 NW1⁄4 to the point of beginning.
(d) Consideration.—
(1) IN GENERAL.—The consideration for the conveyance of any National Forest System land under this section shall be—
(f) Proceeds from sale.—The Secretary shall deposit the proceeds of the conveyance of any National Forest System land under this section in the fund established under Public Law 90–171 (commonly known as the “Sisk Act”) (16 U.S.C. 484a).
(a) In general.—With respect to the grasslands plan guidance of the Forest Service relating to prairie dogs, the Chief of the Forest Service shall base policies of the Forest Service on sound ecological and livestock management principles.
(b) Grazing allotments.—
(1) IN GENERAL.—Subject to paragraph (3), not later than 180 days after the date of enactment of this Act, the Chief of the Forest Service shall complete a report on the percentage of prairie dogs occupying each total grazing allotment acreage.
In this part:
(1) INNOVATIVE WOOD PRODUCT.—The term “innovative wood product” means a type of building component or system that uses large panelized wood construction, including mass timber.
SEC. 8642. Clarification of research and development program for wood building construction.
(a) In general.—The Secretary shall conduct performance-driven research and development, education, and technical assistance for the purpose of facilitating the use of innovative wood products in wood building construction in the United States.
(b) Activities.—In carrying out subsection (a), the Secretary shall—
(1) after receipt of input and guidance from, and collaboration with, the wood products industry, conservation organizations, and institutions of higher education, conduct research and development, education, and technical assistance at the Forest Products Laboratory or through the State and Private Forestry deputy area that meets measurable performance goals for the achievement of the priorities described in subsection (c); and
(2) after coordination and collaboration with the wood products industry and conservation organizations, make competitive grants to institutions of higher education to conduct research and development, education, and technical assistance that meets measurable performance goals for the achievement of the priorities described in subsection (c).
(c) Priorities.—The research and development, education, and technical assistance conducted under subsection (a) shall give priority to—
(3) calculations by the Forest Products Laboratory of the lifecycle environmental footprint, from extraction of raw materials through the manufacturing process, of tall wood building construction;
(4) analyzing methods to reduce the lifecycle environmental footprint of tall wood building construction;
SEC. 8643. Wood innovation grant program.
(a) Definitions.—In this section:
(b) Grant program.—
(1) IN GENERAL.—The Secretary, in carrying out the wood innovation grant program of the Secretary described in the notice of the Secretary entitled “Request for Proposals: 2016 Wood Innovations Funding Opportunity” (80 Fed. Reg. 63498 (October 20, 2015)), may make a wood innovation grant to 1 or more eligible entities each year for the purpose of advancing the use of innovative wood products.
(c) Incentivizing use of existing milling capacity.—In selecting among proposals of eligible entities under subsection (b)(2), the Secretary shall give priority to proposals that include the use or retrofitting (or both) of existing sawmill facilities located in counties in which the average annual unemployment rate exceeded the national average unemployment rate by more than 1 percent in the previous calendar year.
Section 9001 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101) is amended—
(1) in paragraph (4)(A), by striking “agricultural materials” and inserting “agricultural materials, renewable chemicals,”;
(2) in paragraph (7)(A), by striking “into biofuels and biobased products” and inserting the following: “or an intermediate ingredient or feedstock of renewable biomass into any 1 or more, or a combination, of—
(3) in paragraph (16)—
SEC. 9102. Biobased markets program.
Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended—
(1) in subsection (a)(2)(A)(i)(III), by inserting “, acting through the rural development mission area (referred to in this section as the ‘Secretary’)” before the period at the end;
(3) in subsection (f), by striking the subsection designation and all that follows through “The Secretary” and inserting the following:
(5) by inserting after subsection (g) the following:
“(h) Education and outreach.—The Secretary, in consultation with the Administrator, shall provide to appropriate stakeholders education and outreach relating to—
“(i) Streamlining.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, the Secretary shall establish guidelines for an integrated process under which biobased products may be, in 1 expedited approval process—
“(2) INITIATION.—The Secretary shall ensure that a review of a biobased product under the integrated qualification process established pursuant to paragraph (1) may be initiated on receipt of a recommendation or petition from a manufacturer, vendor, or other interested party.
“(3) PRODUCT DESIGNATIONS.—The Secretary may issue a product designation pursuant to subsection (a)(3)(B), or approve the use of the ‘USDA Certified Biobased Product’ label under subsection (b), through streamlined procedures, which shall not be subject to chapter 7 of title 5, United States Code.
“(j) Requirement of procuring agencies.—A procuring agency (as defined in subsection (a)(1)) shall not establish regulations, guidance, or criteria regarding the procurement of biobased products, pursuant to this section or any other law, that impose limitations on that procurement that are more restrictive than the limitations established by the Secretary under the regulations to implement this section.”; and
SEC. 9103. Biorefinery assistance.
Section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) is amended—
(1) in subsection (b)(3)—
(A) in subparagraph (A), by striking “produces an advanced biofuel” and inserting the following: “produces any 1 or more, or a combination, of—
SEC. 9104. Repowering assistance program.
Section 9004 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8104) is repealed.
SEC. 9105. Bioenergy program for advanced biofuel.
Section 9005(g) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8105(g)) is amended—
SEC. 9106. Biodiesel fuel education program.
Section 9006(d)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8106(d)(2)) is amended by striking “2018” and inserting “2023”.
SEC. 9107. Rural Energy for America Program.
Section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107) is amended—
SEC. 9108. Rural energy self-sufficiency initiative.
Section 9009 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8109) is repealed.
SEC. 9109. Feedstock flexibility program for bioenergy producers.
Section 9010(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110(b)) is amended, in paragraphs (1)(A) and (2)(A), by striking “2018” each place it appears and inserting “2023”.
SEC. 9110. Biomass Crop Assistance Program.
Section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) is amended—
(2) in subsection (b)(2), by inserting “(including eligible material harvested for the purpose of hazardous woody fuel reduction)” after “material”; and
SEC. 9111. Biogas research and adoption of biogas systems.
Title IX of the Farm Security and Rural Investment Act of 2002 is amended by inserting after section 9011 (7 U.S.C. 8111) the following:
“SEC. 9012. Biogas research and adoption of biogas systems.
“(a) Definitions.—In this section:
“(1) ANAEROBIC DIGESTION.—The term ‘anaerobic digestion’ means a biological process or series of biological processes—
“(2) BIOGAS.—The term ‘biogas’ means a mixture of primarily methane and carbon dioxide produced by the bacterial decomposition of organic materials in the absence of oxygen.
“(3) BIOGAS PROCESSING.—The term ‘biogas processing’ means the process by which water, carbon dioxide, and other trace compounds are removed from biogas, as determined by the end user.
“(4) BIOGAS SYSTEM.—The term ‘biogas system’ means a system—
“(b) Interagency Biogas Opportunities Task Force.—
“(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of the Agriculture Improvement Act of 2018, the Secretary, acting jointly with the Secretary of Energy and the Administrator, shall establish an Interagency Biogas Opportunities Task Force (referred to in this subsection as the ‘Task Force’) that shall coordinate policies, programs, and research to accelerate—
“(2) MEMBERSHIP.—The Task Force shall be composed of—
“(A) the head of each Federal office responsible for biogas research or biogas system financing (or a designee), including a representative from the Department of Agriculture, the Department of Energy, and the Environmental Protection Agency;
“(B) 1 or more representatives of State or local governments, as determined by the Secretary, the Secretary of Energy, and the Administrator;
“(3) DUTIES OF THE TASK FORCE.—In carrying out paragraph (1), the Task Force shall—
“(A) evaluate and improve the coordination of loan and grant programs of the Federal agencies represented on the Task Force—
“(B) review Federal procurement guidelines to ensure that products of biogas systems are eligible for and promoted by applicable procurement programs of the Federal Government;
“(C) in coordination with the Secretary of Commerce, evaluate the development of North American Industry Classification System and North American Product Classification System codes for biogas and biogas system products;
“(D) review opportunities and develop strategies to overcome barriers to integrating biogas into electricity and renewable natural gas markets;
“(E) develop tools to broaden the market for nonenergy biogas system products, including by developing best management practices for—
“(F) provide information on the ability of biogas system products to participate in markets that provide environmental benefits;
“(G) identify and investigate research gaps in biogas and anaerobic digestion technology, including research gaps in environmental benefits, market assessment, and performance standards;
“(4) REPORT.—Not later than 18 months after the date of the establishment of the Task Force, the Task Force shall submit to Congress a report that—
“(A) describes the steps taken by the Task Force to carry out the duties of the Task Force under paragraph (3); and
“(c) Advancement of biogas research.—
“(1) STUDY ON BIOGAS.—
“(A) IN GENERAL.—The Secretary, in coordination with the Secretary of Energy and the Administrator, shall enter into an agreement with the National Renewable Energy Laboratory to conduct a study relating to biogas.
“(B) STUDY.—Under the agreement described in subparagraph (A), the study conducted by the National Renewable Energy Laboratory shall include an analysis of—
“(ii) methods for optimizing biogas systems, including methods to obtain the highest energy output from biogas, including through the use of co-digestion;
“(iii) opportunities for, and barriers to, the productive use of biogas system co-products, carbon dioxide from biogas processing, and recovered nutrients;
“(2) COLLECTION OF DATA FOR BIOGAS MARKETS.—The Secretary, in coordination with the Secretary of Energy and the Administrator, shall identify, collect, and analyze environmental, technical, and economic performance data relating to biogas systems, including the production of energy of biogas systems, co-products, greenhouse gas and other emissions, water quality benefits, and other data necessary to develop markets for biogas and biogas system co-products.”.
SEC. 9112. Community Wood Energy Program.
Section 9013(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is amended by striking “2018” and inserting “2023”.
SEC. 9113. Carbon utilization education program.
Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end the following:
“SEC. 9014. Carbon utilization education program.
“(a) Definitions.—In this section:
“(1) CARBON DIOXIDE.—The term ‘carbon dioxide’ means carbon dioxide that is produced as a byproduct of the production of a biobased product.
“(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an entity that—
“(A) is—
“(i) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; or
“(ii) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
“(b) Establishment.—The Secretary, in consultation with the Secretary of Energy, shall make competitive grants to eligible entities—
SEC. 10101. Specialty crops market news allocation.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 1622b(b)) is amended by striking “2018” and inserting “2023”.
SEC. 10102. Local Agriculture Market Program.
(a) Purpose.—The purpose of this section is to combine the purposes and coordinate the functions, as in effect on the day before the date of enactment of this Act, of—
(1) the Farmers' Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005); and
(2) the value-added agricultural product market development grants under section 231(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)).
(b) Local Agriculture Market Program.—Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
“SEC. 210A. Local Agriculture Market Program.
“(a) Definitions.—In this section:
“(1) BEGINNING FARMER OR RANCHER.—The term ‘beginning farmer or rancher’ has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
“(2) DIRECT PRODUCER-TO-CONSUMER MARKETING.—The term ‘direct producer-to-consumer marketing’ has the meaning given the term ‘direct marketing from farmers to consumers’ in section 3 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3002).
“(3) ELIGIBLE ACTIVITY.—The term ‘eligible activity’ means an activity described in subsection (d)(2) that is carried out using a grant provided under subsection (d)(1).
“(6) FAMILY FARM.—The term ‘family farm’ has the meaning given the term in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a)).
“(7) FOOD COUNCIL.—The term ‘food council’ means a food policy council or food and farm system network, as determined by the Secretary, that—
“(8) MAJORITY-CONTROLLED PRODUCER-BASED BUSINESS VENTURE.—
“(9) MID-TIER VALUE CHAIN.—The term ‘mid-tier value chain’ means a local or regional supply network that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that—
“(10) PARTNERSHIP.—The term ‘partnership’ means a partnership entered into under an agreement between—
“(11) PROGRAM.—The term ‘Program’ means the Local Agriculture Market Program established under subsection (b).
“(12) REGIONAL FOOD CHAIN COORDINATION.—The term ‘regional food chain coordination’ means coordination and collaboration along the supply chain to increase connections between producers and markets.
“(14) SOCIALLY DISADVANTAGED FARMER OR RANCHER.—The term ‘socially disadvantaged farmer or rancher’ has the meaning given the term in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)).
“(15) VALUE-ADDED AGRICULTURAL PRODUCT.—The term ‘value-added agricultural product’ means any agricultural commodity or product that—
“(A) (i) has undergone a change in physical state;
“(ii) was produced in a manner that enhances the value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced value, as determined by the Secretary;
“(16) VETERAN FARMER OR RANCHER.—The term ‘veteran farmer or rancher’ has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).
“(b) Establishment and purpose.—The Secretary shall establish a program, to be known as the ‘Local Agriculture Market Program’, that—
“(3) supports the development of business plans, feasibility studies, and strategies for local and regional marketing opportunities;
“(4) strengthens capacity and regional food system development through community collaboration and expansion of mid-tier value chains;
“(c) Regional partnerships.—
“(1) GRANTS TO SUPPORT PARTNERSHIPS.—
“(2) AUTHORITIES OF PARTNERSHIPS.—A partnership receiving a grant under paragraph (1) may—
“(A) determine the scope of the regional food system to be developed, including goals, outreach objectives, and eligible activities to be carried out;
“(C) create and conduct a feasibility study, implementation plan, and assessment of eligible activities under the partnership agreement;
“(D) conduct outreach and education to other eligible entities and eligible partners for potential participation in the partnership agreement and eligible activities;
“(E) describe measures to be taken through the partnership agreement to obtain funding for the eligible activities to be carried out under the partnership agreement;
“(F) at the request of a producer or eligible entity desiring to participate in eligible activities under the partnership agreement, act on behalf of the producer or eligible entity in applying for a grant under subsection (d);
“(3) CONTRIBUTION.—A partnership receiving a grant under paragraph (1) shall provide funding in an amount equal to not less than 25 percent of the total amount of the Federal portion of the grant.
“(4) APPLICATIONS.—
“(A) IN GENERAL.—To be eligible to receive a grant under paragraph (1), a partnership shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary considers necessary to evaluate and select applications.
“(C) PRIORITY TO CERTAIN APPLICATIONS.—The Secretary may give priority to applications submitted under subparagraph (A) that—
“(D) PRODUCER OR FOOD BUSINESS BENEFITS.—
“(i) IN GENERAL.—Except as provided in clause (ii), an application submitted under subparagraph (A) shall include a description of the direct or indirect producer or food business benefits intended by the eligible entity to result from the proposed project within a reasonable period of time after the receipt of a grant.
“(d) Development grants.—
“(1) IN GENERAL.—Under the Program, the Secretary may provide grants to eligible entities to carry out, in accordance with purposes of the Program described in subsection (b), activities described in paragraph (2).
“(2) ELIGIBLE ACTIVITIES.—An eligible entity may use a grant provided under paragraph (1)—
“(B) to support local and regional food business enterprises that engage as intermediaries in indirect producer-to-consumer marketing;
“(C) to support the processing, aggregation, distribution, and storage of local and regional food products that are marketed locally or regionally;
“(3) CRITERIA AND GUIDELINES.—
“(A) IN GENERAL.—The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under paragraph (1) as the Secretary determines are appropriate.
“(B) PRODUCER OR FOOD BUSINESS BENEFITS.—
“(i) IN GENERAL.—Except as provided in clause (ii), an application submitted for a grant under paragraph (1) shall include a description of the direct or indirect producer or food business benefits intended by the eligible entity to result from the proposed project within a reasonable period of time after the receipt of the grant.
“(4) AMOUNT.—Unless otherwise determined by the Secretary, the amount of a grant under this subsection shall be not more than $500,000.
“(5) DEVELOPMENT GRANTS AVAILABLE TO PRODUCERS.—In the case of a grant provided under paragraph (1) to an eligible entity described in any of subparagraphs (A) through (D) of subsection (a)(4), the following shall apply:
“(A) ADMINISTRATION.—The Secretary shall carry out this subsection through the Administrator of the Rural Business-Cooperative Service, in coordination with the Administrator of the Agricultural Marketing Service.
“(B) PRIORITIES.—The Secretary shall give priority to applications—
“(6) DEVELOPMENT GRANTS FOR OTHER ELIGIBLE ENTITIES.—In the case of a grant provided under paragraph (1) to an eligible entity described in any of subparagraphs (E) through (K) of subsection (a)(4), the following shall apply:
“(A) ADMINISTRATION.—The Secretary shall carry out this subsection through the Administrator of the Agricultural Marketing Service, in coordination with the Administrator of the Rural Business-Cooperative Service.
“(B) PRIORITIES.—The Secretary shall give priority to applications that—
“(e) Simplification of application and reporting processes.—
“(f) Cooperative extension service.—In carrying out the Program, the Secretary, acting through the Administrator of the Agricultural Marketing Service or the Administrator of the Rural Business Cooperative Service, may coordinate with a cooperative extension service to provide Program technical assistance and outreach to eligible entities and eligible partners.
“(g) Interdepartmental coordination.—In carrying out the Program, to the maximum extent practicable, the Secretary shall ensure coordination among Federal agencies.
“(h) Evaluation.—
“(1) IN GENERAL.—Using amounts made available under subsection (i)(3)(E), the Secretary shall conduct an evaluation of the Program that—
“(B) measures the effectiveness of the Program in improving and expanding—
“(iv) local and regional food systems, including regional food chain coordination and business development;
“(2) REPORT.—Not later than 3 years after the date of enactment of this section, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the evaluation conducted under paragraph (1), including a thorough analysis of the outcomes of the evaluation.
“(i) Funding.—
“(1) MANDATORY FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $60,000,000 for fiscal year 2019 and each fiscal year thereafter, to remain available until expended.
“(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2019 and each fiscal year thereafter, to remain available until expended.
“(3) ALLOCATION OF FUNDS.—
“(A) REGIONAL PARTNERSHIPS.—Of the funds made available to carry out this section for a fiscal year, 10 percent shall be used to provide grants to support partnerships under subsection (c).
“(B) DEVELOPMENT GRANTS FOR PRODUCERS.—
“(i) IN GENERAL.—Subject to clause (ii), of the funds made available to carry out this section for a fiscal year, 35 percent shall be used for grants under subsection (d)(5).
“(ii) RESERVATION OF FUNDS.—
“(I) MAJORITY-CONTROLLED PRODUCER-BASED BUSINESS VENTURES.—The total amount of grants under subsection (d)(5) provided to majority-controlled producer-based business ventures for a fiscal year shall not exceed 10 percent of the amount allocated under clause (i).
“(II) BEGINNING, VETERAN, AND SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.—Of the funds made available for grants under subsection (d)(5), 10 percent shall be reserved for grants provided to beginning, veteran, and socially disadvantaged farmers or ranchers.
“(C) DEVELOPMENT GRANTS FOR OTHER ELIGIBLE ENTITIES.—Of the funds made available to carry out this section for a fiscal year, 47 percent shall be used for grants under subsection (d)(6).
“(D) UNOBLIGATED FUNDS.—Any funds under subparagraph (A), (B), or (C) that are not obligated for the uses described in that subparagraph, as applicable, by September 30 of the fiscal year for which the funds were made available—
(c) Conforming amendments.—
(1) AGRICULTURAL MARKETING RESOURCE CENTER PILOT PROJECT.—Section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a) is amended—
(A) by striking the section heading and inserting “Agricultural Marketing Resource Center pilot project.”;
(C) in subsection (c)—
(D) in subsection (a) (as so redesignated)—
(i) in the matter preceding subparagraph (A), by striking “Notwithstanding” and all that follows through “paragraph (2)” and inserting the following: “The Secretary shall not use more than 2.5 percent of the funds made available to carry out the Local Agriculture Market Program established under section 210A of the Agricultural Marketing Act of 1946 to establish a pilot project (to be known as the ‘Agricultural Marketing Resource Center’) at an eligible institution described in subsection (b)”; and
(2) AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.—Section 6402(f) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1632b(f)) is amended in the matter preceding paragraph (1) by striking “section 231(d) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106–224))” and inserting “section 210A(d)(2) of the Agricultural Marketing Act of 1946”.
(3) LOCAL FOOD PRODUCTION AND PROGRAM EVALUATION.—Section 10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C. 2204h(b)(2)(B)) is amended by striking “Farmers’ Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005)” and inserting “Local Agriculture Market Program established under section 210A of the Agricultural Marketing Act of 1946”.
(4) PROGRAM METRICS.—Section 6209(a) of the Agricultural Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking paragraph (1) and inserting the following:
(5) FARMER-TO-CONSUMER DIRECT MARKETING ACT OF 1976.—
(A) Section 4 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3003) is amended—
(B) Sections 6, 7, and 8 of the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90 Stat. 1983) are repealed.
SEC. 10103. Organic production and market data initiatives.
Section 7407(d) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5925c(d)) is amended—
SEC. 10104. Organic certification.
(a) Exclusions from certification.—Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations to limit the type of organic operations that are excluded from certification under section 205.101 of title 7, Code of Federal Regulations, and from certification under any other related sections under part 205 of title 7, Code of Federal Regulations.
(b) Definitions.—Section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502) is amended—
(1) in paragraph (3)—
(2) by redesignating paragraphs (13) through (21) as paragraphs (14) through (22), respectively; and
(3) by inserting after paragraph (12) the following:
“(13) NATIONAL ORGANIC PROGRAM IMPORT CERTIFICATE.—The term ‘national organic program import certificate’ means a form developed for purposes of the program under this title—
“(A) to provide documentation sufficient to verify that an agricultural product imported for sale in the United States satisfies the requirement under section 2106(b)(1); and
(c) Documentation and traceability enhancement; data collection.—Section 2106(b) of the Organic Foods Production Act of 1990 (7 U.S.C. 6505(b)) is amended—
(2) by adding at the end the following:
“(2) IMPORT CERTIFICATION.—
“(A) IMPORT CERTIFICATES.—For an agricultural product being imported into the United States to be represented as organically produced, the Secretary shall require the agricultural product to be accompanied by a complete and valid national organic program import certificate, which shall be available as an electronic record.
“(3) MODERNIZATION OF TRADE TRACKING AND DATA COLLECTION SYSTEMS.—
“(4) REPORTS.—
“(A) IN GENERAL.—On an annual basis, the Secretary shall submit to Congress and make publically available on the website of the Department of Agriculture a report providing detailed quantitative data on imports of organically produced agricultural products accepted into the United States during the year covered by the report.
(d) Accreditation program.—Section 2115 of the Organic Foods Production Act of 1990 (7 U.S.C. 6514) is amended—
(3) in subsection (d) (as so redesignated)—
(B) in paragraph (1) (as so designated)—
(ii) by striking “Secretary, and may” and inserting the following: “Secretary;
(e) National Organic Standards Board.—Section 2119(i) of the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is amended—
(f) Investigations.—Section 2120(b) of the Organic Foods Production Act (7 U.S.C. 6519(b)) is amended by adding at the end the following:
“(3) INFORMATION SHARING DURING ACTIVE INVESTIGATION.—In carrying out this title, all parties conducting an active investigation under this subsection (including certifying agents, State organic certification programs, and the national organic program) shall share confidential business information with Federal and State government officers and employees and certifying agents involved in the investigation as necessary to fully investigate and enforce potential violations of this title.
“(4) EXPEDITED PROCEDURES FOR FOREIGN OPERATIONS.—
“(A) ESTABLISHMENT.—The Secretary shall establish expedited investigative procedures under this subsection to review the accreditation of a certifying agent operating in a foreign country under any of the circumstances described in subparagraph (B).
“(B) EXPEDITED PROCEDURES.—The Secretary shall promptly carry out expedited investigative procedures established under subparagraph (A) to review the accreditation of a certifying agent operating in a foreign country if—
“(ii) the Secretary determines that there is a sudden and substantial increase in the rate and quantity of imports of an individual organically produced agricultural product from the foreign country, in which case the expedited investigative procedures shall be carried out with respect to each certifying agent of that agricultural product in that foreign country.”.
(g) Data organization and access.—Section 2122 of the Organic Foods Production Act of 1990 (7 U.S.C. 6521) is amended by adding at the end the following:
“(c) Data relating to imports of organically produced agricultural products.—
“(1) ACCESS TO DATA DOCUMENTATION SYSTEMS.—The head of each Federal agency that administers a cross-border documentation system shall provide to the head of each other Federal agency that administers such a system access to available data from the system, including—
“(2) DATA COLLECTION AND ORGANIZATION SYSTEM.—
“(A) IN GENERAL.—The Secretary shall establish a new system or modify an existing data collection and organization system to collect and organize in a single system quantitative data on imports of each organically produced agricultural product accepted into the United States.
(h) Organic agricultural product imports interagency working group.—The Organic Foods Production Act of 1990 is amended by inserting after section 2122 (7 U.S.C. 6521) the following:
“SEC. 2122A. Organic agricultural product imports interagency working group.
“(a) Establishment.—
“(1) IN GENERAL.—The Secretary and the Secretary of Homeland Security shall jointly establish a working group to facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection relating to imports of organically produced agricultural products (referred to in this section as the ‘working group’).
“(3) DUTIES.—The working group shall facilitate coordination and information sharing between the Department of Agriculture and U.S. Customs and Border Protection for the purposes of—
“(B) verifying the authenticity of organically produced agricultural product import documentation, such as national organic program import certificates;
“(C) ensuring imported agricultural products represented as organically produced meet the requirements under this title;
“(D) collecting and organizing quantitative data on imports of organically produced agricultural products; and
“(4) DESIGNATED EMPLOYEES AND OFFICIALS.—An employee or official designated to carry out the duties of the Secretary or the Secretary of Homeland Security on the working group under subparagraph (A) or (B) of paragraph (2) shall be an employee or official compensated at a rate of pay not less than the minimum annual rate of basic pay for GS–12 under section 5332 of title 5, United States Code.
“(b) Reports.—On an annual basis, the working group shall submit to Congress and make publically available on the websites of the Department of Agriculture and U.S. Customs and Border Protection the following reports:
“(1) ORGANIC TRADE ENFORCEMENT INTERAGENCY COORDINATION REPORT.—A report—
“(A) identifying existing barriers to cooperation between the agencies involved in agricultural product import inspection, trade data collection and organization, and organically produced agricultural product trade enforcement, including—
“(B) assessing progress toward integrating organic trade enforcement into import inspection procedures of U.S. Customs and Border Protection and the Animal and Plant Health Inspection Service, including an assessment of—
“(C) establishing outcome-based goals for ensuring imports of agricultural products represented as organically produced meet the requirements under this title;
“(D) recommending steps to improve the documentation and traceability of imported organically produced agricultural products;
“(2) REPORT ON ENFORCEMENT ACTIONS TAKEN ON ORGANIC IMPORTS.—A report—
“(A) providing detailed quantitative data (broken down by commodity type, quantity, value, month, and origin) on imports of agricultural products represented as organically produced found to be fraudulent or lacking any documentation required under this title at the port of entry during the report year;
“(B) providing data on domestic enforcement actions taken on imported agricultural products represented as organically produced, including—
“(C) providing data on fumigation of agricultural products represented as organically produced at ports of entry and notifications of fumigation actions to shipment owners, broken down by product variety and country of origin; and
(i) Authorization of appropriations.—Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C. 6522) is amended—
SEC. 10105. National organic certification cost-share program.
(a) Elimination of directed delegation.—Section 10606(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(a)) is amended by striking “(acting through the Agricultural Marketing Service)”.
(b) Funding.—Section 10606 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523) is amended by striking subsection (d) and inserting the following:
SEC. 10106. Food safety education initiatives.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7655a(c)) is amended by striking “2018” and inserting “2023”.
SEC. 10107. Specialty crop block grants.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public Law 108–465) is amended—
(2) in subsection (e)—
(B) in paragraph (1) (as so designated), by striking “plan and indicate” and inserting the following: “plan;
(C) in paragraph (2) (as so designated), by striking “crops.” and inserting “crops at the national, regional, and local levels;”; and
(3) in subsection (f)—
(4) in subsection (h)—
(B) in the second sentence, by striking “Not later than 30 days after the completion of the audit,” and inserting the following:
(C) in the matter preceding paragraph (2) (as so designated), by striking “For each” and inserting the following:
SEC. 10108. Plant variety protection.
Section 42(a) of the Plant Variety Protection Act (7 U.S.C. 2402(a)) is amended in the matter preceding paragraph (1) by striking “or tuber propagated” and inserting “tuber propagated or asexually propagated”.
SEC. 10109. Multiple crop and pesticide use survey.
(a) In general.—The Secretary, acting through the Director of the Office of Pest Management Policy, shall conduct a multiple crop and pesticide use survey of farmers to collect data for risk assessment modeling and mitigation for an active ingredient.
(b) Submission.—The Secretary shall submit to the Administrator of the Environmental Protection Agency and make publically available the survey described in subsection (a).
(c) Authorization of appropriations.—There is authorized to be appropriated to carry out this section $2,500,000, to remain available until expended.
(d) Confidentiality of information.—Section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276) is amended—
SEC. 10110. Clarification of use of funds for technical assistance.
Section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) is amended in the last sentence by inserting after “activities” the following: “but excluding any amounts used to provide technical assistance under title X of the Agriculture Improvement Act of 2018 or an amendment made by that title.”.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following:
“In this subtitle:
“(1) HEMP.—The term ‘hemp’ means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.
“(2) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“SEC. 297B. State and Tribal plans.
“(a) Submission.—
“(1) IN GENERAL.—A State or Indian tribe desiring to have primary regulatory authority over the production of hemp in the State or territory of the Indian tribe shall submit to the Secretary, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, a plan under which the State or Indian tribe monitors and regulates that production as described in paragraph (2).
“(2) CONTENTS.—A State or Tribal plan referred to in paragraph (1)—
“(A) shall only be required to include—
“(i) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
“(ii) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
“(iii) a procedure for the effective disposal of products that are produced in violation of this subtitle;
“(b) Approval.—
“(1) IN GENERAL.—Not later than 60 days after receipt of a State or Tribal plan under subsection (a), the Secretary shall—
“(2) AMENDED PLANS.—If the Secretary disapproves a State or Tribal plan under paragraph (1)(B), the State, through the State department of agriculture (in consultation with the Governor and chief law enforcement officer of the State) or the Tribal government, as applicable, may submit to the Secretary an amended State or Tribal plan that complies with subsection (a).
“(c) Technical assistance.—The Secretary may provide technical assistance to a State or Indian tribe in the development of a State or Tribal plan under subsection (a).
“(d) Violations.—
“(1) IN GENERAL.—A violation of a State or Tribal plan approved under subsection (b) shall be subject to enforcement solely in accordance with this subsection.
“(2) NEGLIGENT VIOLATIONS.—
“(A) IN GENERAL.—A hemp producer in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b) shall be subject to subparagraph (B) of this paragraph if the State department of agriculture or Tribal government, as applicable, determines that the hemp producer has negligently violated the State or Tribal plan, including by negligently—
“(B) CORRECTIVE ACTION PLAN.—A hemp producer described in subparagraph (A) shall comply with a plan established by the State department of agriculture or Tribal government, as applicable, to correct the negligent violation, including—
“(C) RESULT OF NEGLIGENT VIOLATION.—Except as provided in subparagraph (D), a hemp producer that negligently violates a State or Tribal plan under subparagraph (A) shall not as a result of that violation be subject to any criminal or civil enforcement action by the Federal Government or any State government, Tribal government, or local government other than the enforcement action authorized under subparagraph (B).
“(3) OTHER VIOLATIONS.—
“(A) IN GENERAL.—If the State department of agriculture or Tribal government in a State or the territory of an Indian tribe for which a State or Tribal plan is approved under subsection (b), as applicable, determines that a hemp producer in the State or territory has violated the State or Tribal plan with a culpable mental state greater than negligence—
“SEC. 297C. Department of Agriculture.
“(a) Department of Agriculture plan.—
“(1) IN GENERAL.—In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, the production of hemp in that State or the territory of that Indian tribe shall be subject to a plan established by the Secretary to monitor and regulate that production in accordance with paragraph (2).
“(2) CONTENT.—A plan established by the Secretary under paragraph (1) shall include—
“(A) a practice to maintain relevant information regarding land on which hemp is produced in the State or territory of the Indian tribe, including a legal description of the land, for a period of not less than 3 calendar years;
“(B) a procedure for testing, using post-decarboxylation or other similarly reliable methods, delta-9 tetrahydrocannabinol concentration levels of hemp produced in the State or territory of the Indian tribe;
“(C) a procedure for the effective disposal of products that are produced in violation of this subtitle;
“(b) Licensing.—The Secretary shall establish a procedure to issue licenses to hemp producers in accordance with a plan established under subsection (a).
“(c) Violations.—
“(1) IN GENERAL.—In the case of a State or Indian tribe for which a State or Tribal plan is not approved under section 297B, it shall be unlawful to produce hemp in that State or the territory of that Indian tribe without a license issued by the Secretary under subsection (b).
“(2) NEGLIGENT AND OTHER VIOLATIONS.—A violation of a plan established under subsection (a) shall be subject to enforcement in accordance with paragraphs (2) and (3) of section 297B(d), except that the Secretary shall carry out that enforcement instead of a State department of agriculture or Tribal government.
“SEC. 297D. Authority to issue regulations and guidelines; effect on other law.
“(a) Authority.—
“(b) Effect on other law.—Nothing in this subtitle shall affect or modify—
“(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
SEC. 10112. Rule of construction.
Nothing in this title authorizes interference with the interstate commerce of hemp (as defined in section 297A of the Agricultural Marketing Act of 1946, as added by section 10111).
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended—
(1) by redesignating paragraphs (6), (7), (8), (9), (10), and (11) as paragraphs (7), (8), (10), (11), (12), and (13) respectively;
Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C. 1506(h)(2)) is amended—
(2) by adding at the end the following:
“(B) NATIONAL AGRICULTURAL STATISTICS SERVICE.—Data collected by the National Agricultural Statistics Service, whether published or unpublished, shall be—
“(i) provided in an aggregate form to the Corporation for the purpose of providing insurance under this subtitle; and
“(ii) kept confidential by the Corporation in the same manner and to the same extent as is required under—
“(I) section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276); and
“(II) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).
“(C) NONINSURED CROP DISASTER ASSISTANCE PROGRAM.—In collecting data under this subsection, the Secretary shall ensure that—
“(i) appropriate data are collected through the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and
SEC. 11103. Sharing of records.
Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C. 1506(h)(3)) is amended by inserting “applicants who have received payment under section 522(b)(2)(E),” after “divisions,”.
Section 507(f) of the Federal Crop Insurance Act (7 U.S.C. 1507(f)) is amended—
(1) by striking paragraphs (3) and (4) and inserting the following:
“(3) the Farm Service Agency, in assisting the Board in—
“(D) sharing information to support the transition of crops and counties from the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) to insurance under this subtitle; and
(3) by striking “(f) The Board” in the matter preceding paragraph (1) and all that follows through the semicolon at the end of paragraph (1) and inserting the following:
(a) Specialty crops coordinator.—Section 507(g) of the Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended by adding at the end the following:
“(5) WEBSITE.—
“(A) IN GENERAL.—The Specialty Crops Coordinator shall establish a website focused on the efforts of the Corporation to provide and expand crop insurance for specialty crop producers.
“(B) INCLUSIONS.—The website established under subparagraph (A) shall include—
“(ii) a calendar of opportunities to provide comments or feedback at specialty crop events or in other public forums; and
(b) Addition of specialty crops and other value-added crops.—Section 508(a)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(6)) is amended—
(2) by striking subparagraph (A) and inserting the following:
“(A) ANNUAL REVIEW.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, and annually thereafter, the manager of the Corporation shall prepare, to the maximum extent practicable, based on data shared from the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333), written agreements, or other data, and present to the Board not less than 2 of each of the following:
Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(2)) is amended by striking “and sweet potatoes” and inserting “sweet potatoes, and hemp”.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)) is amended—
(1) in paragraph (3)—
(A) in subparagraph (A)(iii), by striking “practices” the first place it appears and all that follows through the period at the end and inserting “practices.”;
(C) by inserting after subparagraph (A) the following:
SEC. 11108. Underserved producers.
Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(a)(7)) is amended—
(2) in subparagraph (A)—
(A) by striking the designation and heading and all that follows through “the term” and inserting the following:
(3) in subparagraph (B)—
(4) by striking subparagraph (C) and inserting the following:
“(C) REPORT.—
“(i) IN GENERAL.—Not later than 30 days after completion of the review under subparagraph (B)(i), and not less frequently than once every 3 years thereafter, the Board shall make publically available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review.
“(ii) RECOMMENDATIONS.—The report under clause (i) shall include recommendations to increase participation in States and among underserved producers that are not adequately served by the policies and plans of insurance, including any plans for administrative action or recommendations for Congressional action.”.
SEC. 11109. Expansion of performance-based discount.
Section 508(d)(3) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(3)) is amended—
(2) by adding at the end the following:
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(5)) is amended by adding at the end the following:
SEC. 11111. Pasture, rangeland, and forage policy for members of Indian tribes.
Section 508(e)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)(7)) is amended by adding at the end the following:
“(D) PASTURE, RANGELAND, AND FORAGE POLICY FOR MEMBERS OF INDIAN TRIBES.—With respect to a policy or plan of insurance established under this subtitle for producers of livestock commodities the source of feedstock of which is pasture, rangeland, and forage, the premium subsidy for a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), as certified to the Secretary by the Chairperson of that Indian tribe (or a designee), shall be 90 percent for the first purchase of that policy or plan of insurance by that member of an Indian tribe.”.
SEC. 11112. Submission of policies and materials to board.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended—
(1) in paragraph (1)(B)—
(A) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately;
(B) in the matter preceding subclause (I) (as so redesignated), by striking “The Corporation shall” and inserting the following:
SEC. 11113. Whole farm revenue agent incentives.
Section 508(k)(4) of the Federal Crop Insurance Act (7 U.S.C. 1508(k)(4)) is amended by adding at the end the following:
“(G) WHOLE FARM REVENUE AGENT INCENTIVES.—
“(i) IN GENERAL.—Beginning with the 2019 reinsurance year, in the case of an agent that sells a Whole Farm Revenue Policy, or a successor policy, the Corporation shall provide to the approved insurance provider, to pay to the agent, an additional reimbursement, determined in accordance with the following:
“(I) If the compensation of the agent authorized under the Standard Reinsurance Agreement for the policy is less than $1,000, the reimbursement shall be an amount equal to the difference between—
“(II) If the producer, or any entity in which the producer had an insurable interest, has never previously obtained coverage under a Whole Farm Revenue Policy, or a successor policy, in addition to any amount authorized under subclause (I), the reimbursement shall be $300 for each Whole Farm Revenue Policy, or successor policy.
SEC. 11114. Crop production on native sod.
Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended—
(1) in paragraph (2), by striking subparagraph (A) and inserting the following:
“(A) IN GENERAL.—
“(i) AGRICULTURAL ACT OF 2014.—Native sod acreage that has been tilled for the production of an insurable crop during the period beginning on February 8, 2014, and ending on the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.
“(ii) SUBSEQUENT YEARS.—
“(I) NON-HAY AND NON-FORAGE CROPS.—As determined by the Secretary, native sod acreage that has been tilled for the production of an insurable crop other than a hay or forage crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.
“(II) HAY AND FORAGE CROPS.—During each crop year of planting, as determined by the Secretary, native sod acreage that has been tilled for the production of an insurable hay or forage crop after the date of enactment of the Agriculture Improvement Act of 2018 shall be subject to 4 cumulative years of a reduction in benefits under this subtitle as described in this paragraph.”;
(3) by inserting after paragraph (2) the following:
“(3) NATIVE SOD CONVERSION CERTIFICATION.—
“(A) CERTIFICATION.—As a condition on the receipt of benefits under this subtitle, a producer that has tilled native sod acreage for the production of an insurable crop as described in paragraph (2)(A) shall certify to the Secretary that acreage using—
“(B) CORRECTIONS.—Beginning on the date on which a producer submits a certification under subparagraph (A), as soon as practicable after the producer discovers a change in tilled native sod acreage described in that subparagraph, the producer shall submit to the Secretary any appropriate corrections to a form or map described in clause (i) or (ii) of that subparagraph.
“(C) ANNUAL REPORTS.—Not later than January 1, 2019, and each January 1 thereafter through January 1, 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the tilled native sod acreage that has been certified under subparagraph (A) in each county and State as of the date of submission of the report.”; and
SEC. 11115. Use of national agricultural statistics service data to combat waste, fraud, and abuse.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended—
SEC. 11116. Submission of information to corporation.
Section 515(g) of the Federal Crop Insurance Act (7 U.S.C. 1515(g)) is amended—
(2) in paragraph (2)—
(B) by adding at the end the following:
“(B) ACTUAL PRODUCTION HISTORY.—The information required to be submitted under paragraph (1)(D) with respect to an applicable policy or plan of insurance shall be submitted so as to ensure receipt by the Corporation not later than the Saturday of the week containing the calendar day that is 30 days after the applicable production reporting date for the crop to be insured.”.
SEC. 11117. Acreage report streamlining initiative.
Section 515(j)(1)(B)(ii) of the Federal Crop Insurance Act (7 U.S.C. 1515(j)(1)(B)(ii)) is amended—
(2) in subclause (I) (as so designated), by striking “information” and inserting “information, electronically (including in the form of geospatial data) or conventionally,” and
(3) by adding at the end the following:
“(II) METHOD FOR DETERMINING COMMON INFORMATION REQUIREMENTS.—Not later than September 30, 2020, the Administrator of the Risk Management Agency and the Administrator of the Farm Service Agency shall implement a consistent method for determining crop acreage, acreage yields, farm acreage, property descriptions, and other common informational requirements, including measures of common land units.
“(III) ACCEPTANCE OF DATA.—The Corporation shall require each approved insurance provider to accept from a producer or an authorized agent of a producer reports of crop acreage, acreage yields, and other information electronically (including in the form of geospatial data) or conventionally, at the option of the producer or the agent of the producer, as applicable.”.
SEC. 11118. Continuing education for loss adjusters and agents.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended—
(2) by inserting after subsection (j) the following:
“(k) Continuing education for loss adjusters and agents.—
“(1) IN GENERAL.—The Corporation shall establish requirements for continuing education for loss adjusters and agents of approved insurance providers.
“(2) REQUIREMENTS.—The requirements for continuing education described in paragraph (1) shall ensure that loss adjusters and agents of approved insurance providers are familiar with appropriate conservation activities and agronomic practices that—
SEC. 11119. Funding for information technology.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is amended in subsection (l)(1)(A) (as redesignated by section 11118(1))—
SEC. 11120. Agricultural commodity.
Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518) is amended by inserting “hemp,” before “aquacultural species”.
SEC. 11121. Reimbursement of research, development, and maintenance costs.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b)) is amended—
SEC. 11122. Research and development authority.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c)) is amended—
(3) in paragraph (7) (as so redesignated) (entitled “Whole farm diversified risk management insurance plan”), by adding at the end the following:
“(E) REVIEW OF MODIFICATIONS TO IMPROVE EFFECTIVENESS.—
“(i) IN GENERAL.—Not later than 2 years after the date of enactment of the Agriculture Improvement Act of 2018, the Corporation shall—
“(ii) FACTORS.—In carrying out subclauses (II) and (III) of clause (i), the Corporation shall consider—
“(IV) implementing an option for producers with less than $1,000,000 in gross revenue that requires significantly less paperwork and recordkeeping;
“(V) developing and using alternative records such as time-stamped photographs or technology applications to document planting and production history;
“(VI) treating the different growth stages of aquaculture species as separate crops to recognize the difference in perils at different phases of growth;
(4) by inserting after paragraph (8) (as so redesignated) the following:
“(9) IRRIGATED GRAIN SORGHUM CROP INSURANCE POLICY.—
“(A) IN GENERAL.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development—
“(10) LIMITED IRRIGATION PRACTICES.—
“(A) AUTHORITY.—The Corporation shall—
“(i) expand the availability of the limited irrigation insurance program to not fewer than 2 neighboring and similarly situated States (such as the States of Colorado and Nebraska), as determined by the Secretary;
“(B) RESEARCH.—In carrying out research under subparagraph (A), a qualified person shall—
“(ii) collaborate with State and Federal officials responsible for the collection of water and the regulation of water use for the purpose of irrigation;
“(C) REPORT.—Not later than 18 months after the date of enactment of the Agriculture Improvement Act of 2018, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes—
“(11) QUALITY LOSS.—
“(A) IN GENERAL.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding the establishment of each of the following alternative methods of adjusting for quality losses:
“(B) REQUIREMENTS.—Notwithstanding subsections (g) and (m) of section 508, any method developed under subparagraph (A) that is used by the Corporation shall be—
“(C) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the research and development carried out under subparagraph (A).
“(12) CITRUS.—
“(A) IN GENERAL.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding the insurance of citrus fruit commodities and commodity types, including research and development of—
“(13) GREENHOUSE POLICY.—
“(A) IN GENERAL.—
“(B) RESEARCH AND DEVELOPMENT DESCRIBED.—Research and development described in subparagraph (A)(i) shall evaluate the effectiveness of policies and plans of insurance for the production of plants in a controlled environment, including policies and plans of insurance that—
“(ii) consider other causes of loss applicable to a controlled environment, such as a loss of electricity due to weather;
“(iv) consider whether to provide coverage for various types of plants under 1 policy or plan of insurance or to provide coverage for 1 species or type of plant per policy or plan of insurance;
“(C) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
“(14) HOPS.—
“(A) IN GENERAL.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure the production of hops or revenue derived from the production of hops.
“(15) LOCAL FOODS.—
“(A) IN GENERAL.—
“(i) RESEARCH AND DEVELOPMENT.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure production—
“(B) RESEARCH AND DEVELOPMENT DESCRIBED.—Research and development described in subparagraph (A)(i) shall evaluate the effectiveness of policies and plans of insurance for production targeted toward local consumers and markets, including policies and plans of insurance that—
“(iii) allow for production in soil and in alternative systems such as vertical systems, greenhouses, rooftops, or hydroponic systems;
“(C) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
“(i) examines whether a version of existing policies such as the whole-farm revenue protection insurance plan may be tailored to provide improved coverage for producers of local foods;
“(16) INSURABLE IRRIGATION PRACTICES FOR RICE.—
“(A) IN GENERAL.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, to include new and innovative irrigation practices under the current rice policy or the development of a distinct plan of insurance or policy endorsement rated for rice produced using—
“(17) HIGH-RISK, HIGHLY PRODUCTIVE BATTURE LAND POLICY.—
“(A) IN GENERAL.—
“(i) RESEARCH AND DEVELOPMENT.—The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure producers of corn, cotton, and soybeans—
“(B) RESEARCH AND DEVELOPMENT DESCRIBED.—Research and development described in subparagraph (A)(i) shall evaluate the feasibility of less cost-prohibitive policies and plans of insurance for batture-land producers in high risk areas, including policies and plans of insurance that—
“(C) REPORT.—Not later than 1 year after the date of enactment of the Agriculture Improvement Act of 2018, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that—
“(i) examines whether a version of existing policies may be tailored to provide improved coverage for batture-land producers;
SEC. 11123. Education assistance.
Section 524(a)(3)(A) of the Federal Crop Insurance Act (7 U.S.C. 1524(a)(3)(A)) is amended by inserting “conservation activities,” after “benchmarking,”.
SEC. 11124. Cropland report annual updates.
Section 11014(c)(2) of the Agricultural Act of 2014 (Public Law 113–79; 128 Stat. 963) is amended in the matter preceding subparagraph (A) by striking “2018” and inserting “2023”.
SEC. 12101. Sheep production and marketing grant program.
Section 209 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627a) is amended by striking subsection (c) and inserting the following:
SEC. 12102. National animal health laboratory network.
Section 10409A(d) of the Animal Health Protection Act (7 U.S.C. 8308a(d)) is amended by striking “$15,000,000 for each of fiscal years 2014 through 2018” and inserting “$30,000,000 for each of fiscal years 2019 through 2023”.
SEC. 12103. National Animal Disease Preparedness, Response, and Recovery Program; National Animal Vaccine and Veterinary Countermeasures Bank.
The Animal Health Protection Act is amended by inserting after section 10409A (7 U.S.C. 8308a) the following:
“SEC. 10409B. National Animal Disease Preparedness, Response, and Recovery Program; National Animal Vaccine and Veterinary Countermeasures Bank.
“(a) National Animal Disease Preparedness, Response, and Recovery Program.—
“(1) IN GENERAL.—To prevent the introduction into or the dissemination within the United States of any pest or disease of animals affecting the economic interests of the livestock and related industries of the United States (including the maintenance and expansion of export market potential), the Secretary shall establish a program to be known as the ‘National Animal Disease Preparedness, Response, and Recovery Program’ (referred to in this subsection as the ‘Program’).
“(2) ELIGIBLE ACTIVITIES.—Under the Program, the Secretary shall support activities to prevent, detect, and rapidly respond to animal pests and diseases, including—
“(F) enhancing emergency preparedness and response capabilities, including training additional emergency response personnel;
“(G) conducting technology development to enhance electronic sharing of animal health data for risk analysis between State and Federal animal health officials;
“(3) COOPERATIVE AGREEMENTS.—
“(A) IN GENERAL.—In carrying out the Program, the Secretary shall offer to enter into cooperative agreements or other legal instruments with entities described in subparagraph (B) to carry out activities described in paragraph (2).
“(B) ELIGIBLE ENTITIES.—The Secretary may enter into a cooperative agreement or other legal instrument under subparagraph (A) with 1 or more of the following entities:
“(iii) A land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
“(iv) A NLGCA Institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
“(vi) A State or national livestock producer organization with a direct and significant economic interest in livestock production.
“(C) SPECIAL FUNDING CONSIDERATIONS.—In entering into cooperative agreements or other legal instruments under subparagraph (A), the Secretary shall give priority to—
“(iii) an eligible entity that shall carry out Program activities in a State or region in which—
“(II) there is potential for the spread of an animal disease or pest, as determined by the Secretary, taking into consideration—
“(D) APPLICATIONS.—
“(i) IN GENERAL.—An entity described in subparagraph (B) desiring to enter into a cooperative agreement or other legal instrument under subparagraph (A) shall submit to the Secretary an application at such time and containing such information as the Secretary may require.
“(ii) NOTIFICATION.—The Secretary shall notify an entity that submits an application under clause (i) of—
“(E) USE OF FUNDS.—
“(i) SUBAGREEMENTS.—Nothing in this section prevents an entity from using funds received under a cooperative agreement or other legal instrument under subparagraph (A) to enter into a subagreement with another organization or a political subdivision of a State that has legal responsibilities relating to animal disease prevention, surveillance, or rapid response.
“(ii) NON-FEDERAL SHARE.—In determining whether to enter into a cooperative agreement or other legal instrument with an entity under subparagraph (A), the Secretary—
“(iii) ADMINISTRATION.—Of amounts made available to carry out the Program, not more than 10 percent may be retained by an entity that receives funds under a cooperative agreement or other legal instrument under subparagraph (A), including a subagreement under clause (i), to pay administrative costs incurred by the entity in carrying out the cooperative agreement or other legal instrument.
“(4) CONSULTATION.—The Secretary shall consult with entities described in paragraph (3)(B) in establishing priorities under the Program.
“(b) National Animal Vaccine and Veterinary Countermeasures Bank.—
“(1) IN GENERAL.—The Secretary shall establish a National Animal Vaccine and Veterinary Countermeasures Bank to benefit the domestic interests of the United States.
“(2) REQUIREMENTS.—Under the National Animal Vaccine and Veterinary Countermeasures Bank, the Secretary shall—
“(A) leverage, as appropriate, the mechanisms and infrastructure that have been developed for the management, storage, and distribution of the National Veterinary Stockpile; and
“(3) FOOT-AND-MOUTH DISEASE PRIORITY.—
“(A) IN GENERAL.—In carrying out paragraph (2), the Secretary shall give priority to the maintenance of a sufficient quantity of foot-and-mouth disease vaccine, as determined by the Secretary, and accompanying diagnostic products, covering, to the maximum extent practicable, an appropriate representation of foot-and-mouth disease serotypes and strains for which appropriate vaccine products are available.
“(B) CONTRACTS.—The Secretary may offer to enter into 1 or more contracts with 1 or more entities that produce foot-and-mouth disease vaccine—
“(c) Use of funds.—
“(1) FEDERAL ADMINISTRATION.—Of amounts made available to carry out this section, not greater than 4 percent may be retained by the Secretary to pay administrative costs incurred by the Secretary in carrying out this section.
“(2) BUILDINGS AND FACILITIES.—None of the amounts made available to carry out this section shall be used for—
SEC. 12104. Study on livestock dealer statutory trust.
(a) In general.—The Secretary shall conduct a study to determine the feasibility of establishing a livestock dealer statutory trust.
(b) Contents.—The study conducted under subsection (a) shall—
(1) analyze how the establishment of a livestock dealer statutory trust would affect buyer and seller behavior in markets for livestock (as defined in section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182));
(2) consider what potential effects a livestock dealer statutory trust would have on credit availability, including impacts on lenders and lending behavior and other industry participants;
(3) examine unique circumstances common to livestock dealers and how those circumstances could impact the functionality of a livestock dealer statutory trust;
(4) study the feasibility of the industry-wide adoption of electronic funds transfer or another expeditious method of payment to provide sellers of livestock protection from nonsufficient funds payments;
(c) Report.—Not later than 540 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings of the study conducted under subsection (a).
SEC. 12105. Definition of livestock.
Section 602(2) of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471(2)) is amended in the matter preceding subparagraph (A) by striking “fish” and all that follows through “that—” and inserting “llamas, alpacas, live fish, crawfish, and other animals that—”.
SEC. 12201. Repeal of Office of Homeland Security.
Section 14111 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8911) is repealed.
SEC. 12202. Office of Homeland Security.
Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6911 et seq.) is amended by adding at the end the following:
“SEC. 221. Office of Homeland Security.
“(a) Definition of agriculture and food defense.—In this section, the term ‘agriculture and food defense’ means any action to prevent, protect against, mitigate the effects of, respond to, or recover from a naturally occurring, unintentional, or intentional threat to the agriculture and food system.
“(b) Authorization.—The Secretary shall establish in the Department the Office of Homeland Security.
“(c) Executive Director.—The Office of Homeland Security shall be headed by an Executive Director, who shall be known as the ‘Executive Director of Homeland Security’.
“(d) Duties.—The Executive Director of Homeland Security shall—
“(1) serve as the principal advisor to the Secretary on homeland security, including emergency management and agriculture and food defense;
“(2) coordinate activities of the Department, including policies, processes, budget needs, and oversight relating to homeland security, including emergency management and agriculture and food defense;
“(3) act as the primary liaison on behalf of the Department with other Federal departments and agencies in activities relating to homeland security, including emergency management and agriculture and food defense, and provide for interagency coordination and data sharing;
“(4) (A) coordinate in the Department the gathering of information relevant to early warning and awareness of threats and risks to the food and agriculture critical infrastructure sector; and
“(B) share that information with, and provide assistance with interpretation and risk characterization of that information to, the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C 3003)), law enforcement agencies, the Secretary of Defense, the Secretary of Homeland Security, and State fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j));
“(5) liaison with the Director of National Intelligence to assist in the development of periodic assessments and intelligence estimates, or other intelligence products, that support the defense of the food and agriculture critical infrastructure sector;
“(6) coordinate the conduct, evaluation, and improvement of exercises to identify and eliminate gaps in preparedness and response;
“(e) Agriculture and food threat awareness partnership program.—
“(1) INTERAGENCY EXCHANGE PROGRAM.—The Secretary, in partnership with the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) and fusion centers (as defined in section 210A(j) of the Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that have analysis and intelligence capabilities relating to the defense of the food and agriculture critical infrastructure sector, shall establish and carry out an interagency exchange program of personnel and information to improve communication and analysis for the defense of the food and agriculture critical infrastructure sector.
“(2) COLLABORATION WITH FEDERAL, STATE, AND LOCAL AUTHORITIES.—To carry out the program established under paragraph (1), the Secretary may—
SEC. 12203. Agriculture and food defense.
(a) Definitions.—In this section:
(1) ANIMAL.—The term “animal” has the meaning given the term in section 10403 of the Animal Health Protection Act (7 U.S.C. 8302).
(2) DISEASE OR PEST OF CONCERN.—The term “disease or pest of concern” means a plant or animal disease or pest that—
(3) ESTABLISHED DISEASE.—The term “established disease” means a plant or animal disease or pest that—
(4) HIGH-CONSEQUENCE PLANT TRANSBOUNDARY DISEASE.—The term “high-consequence plant transboundary disease” means a transboundary disease that is—
(5) PEST.—The term “pest”—
(A) with respect to a plant, has the meaning given the term “plant pest” in section 403 of the Plant Protection Act (7 U.S.C. 7702); and
(B) with respect to an animal, has the meaning given the term in section 10403 of the Animal Health Protection Act (7 U.S.C. 8302).
(6) PLANT.—The term “plant” has the meaning given the term in section 403 of the Plant Protection Act (7 U.S.C. 7702).
(7) PLANT HEALTH MANAGEMENT STRATEGY.—The term “plant health management strategy” means a strategy to timely control and eradicate a plant disease or plant pest outbreak, including through mitigation (such as chemical control), surveillance, the use of diagnostic products and procedures, and the use of existing resistant seed stock.
(b) Disease and pest of concern response planning.—
(1) IN GENERAL.—The Secretary shall—
(2) RESPONSE PLANS.—The Secretary shall provide information to a State or regional authority to assist in developing a comprehensive strategic response plan for that State or region that shall—
(c) National plant diagnostic network.—
(1) IN GENERAL.—The Secretary shall establish in the Department of Agriculture a National Plant Diagnostic Network to monitor and surveil through diagnostics threats to plant health from diseases or pests of concern in the United States.
(2) REQUIREMENTS.—The National Plant Diagnostic Network established under paragraph (1) shall—
(A) provide for increased awareness, early identification, rapid communication, warning, and diagnosis of a threat to plant health from a disease or pest of concern to protect natural and agricultural plant resources;
(B) coordinate and collaborate with agencies of the Department of Agriculture and State agencies and authorities involved in plant health;
(3) HEAD OF NETWORK.—
(A) IN GENERAL.—The Director of the National Institute of Food and Agriculture shall serve as the head of the National Plant Diagnostic Network.
(B) DUTIES.—The head of the National Plant Diagnostic Network shall—
(i) coordinate and collaborate with land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) in carrying out the requirements under paragraph (2), including through cooperative agreements described in paragraph (4); and
(4) COLLABORATION WITH LAND-GRANT COLLEGES AND UNIVERSITIES.—The Secretary shall seek to establish cooperative agreements with land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) that have the appropriate level of skill, experience, and competence with plant diseases or pests of concern.
(d) National plant disease recovery system.—
(1) RECOVERY SYSTEM.—The Secretary shall establish in the Department of Agriculture a National Plant Disease Recovery System to engage in strategic long-range planning to recover from high-consequence plant transboundary diseases.
(2) REQUIREMENTS.—The National Plant Disease Recovery System established under paragraph (1) shall—
(B) make long-range plans for the initiation of future research projects relating to high-consequence plant transboundary diseases;
SEC. 12204. Biological agents and toxins list.
Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended—
SEC. 12205. Authorization of appropriations.
In addition to other amounts made available under this subtitle, there is authorized to be appropriated to carry out this subtitle $5,000,000 for each of fiscal years 2019 through 2023.
SEC. 12301. Farming opportunities training and outreach.
(a) Repeal.—
(1) IN GENERAL.—Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2) CONFORMING AMENDMENTS.—
(A) Section 226B(e)(2)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B)) is amended by striking “the beginning farmer and rancher development program established under section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f).” and inserting “the beginning farmer and rancher development grant program established under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279).”.
(B) Section 251(f)(1)(D) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amended by striking clause (iv) and inserting the following:
“(iv) The beginning farmer and rancher development grant program established under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279).”.
(C) Section 7506(e) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 7614c(e)) is amended—
(i) in paragraph (2)(C)—
(III) by inserting before clause (ii) (as so redesignated) the following:
“(i) each grant awarded under subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279);”;
(ii) in paragraph (4)—
(III) by inserting before subparagraph (B) (as so redesignated) the following:
“(A) subsection (d) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279);”;
(b) Outreach and education for socially disadvantaged farmers and ranchers, veteran farmers and ranchers, and beginning farmers and ranchers.—Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended—
(2) by redesignating subsections (a), (b), (c), (d), (e), (g), (h), and (i) as subsections (c), (j), (o), (k), (a), (l), (m), and (n), respectively, and moving the subsections so as to appear in alphabetical order;
(3) by moving paragraph (5) of subsection (a) (as so redesignated) so as to appear at the end of subsection (c) (as so redesignated);
(4) in subsection (a) (as so redesignated)—
(B) by redesignating paragraphs (1), (2), (3), (4), and (6) as paragraphs (6), (5), (1), (3), and (4), respectively, and moving the paragraphs so as to appear in numerical order;
(C) in paragraphs (1), (5), and (6) (as so redesignated), by striking “As used in this section, the” each place it appears and inserting “The”; and
(5) by inserting after subsection (a) (as so redesignated) the following:
(6) in subsection (c) (as so redesignated and as amended by paragraph (3))—
(B) by redesignating paragraphs (1), (2), (3), and (5) as paragraphs (2), (3), (4), and (1), respectively, and moving the paragraphs so as to appear in numerical order;
(C) in paragraph (1) (as so redesignated)—
(D) in subparagraph (B) of paragraph (2) (as so redesignated), by striking “agricultural” and inserting “agricultural, forestry, and related”;
(E) in paragraph (3) (as so redesignated), by striking “(1)” in the matter preceding subparagraph (A) and inserting “(2)”; and
(F) in paragraph (4) (as so redesignated)—
(iii) in subparagraph (D), by adding at the end the following:
“(v) The number of farms or ranches started, maintained, or improved as a result of funds made available under the program.
(iv) by adding at the end the following:
“(E) MAXIMUM TERM AND AMOUNT OF GRANT, CONTRACT, OR AGREEMENT.—A grant, contract, or agreement entered into under subparagraph (A) shall be—
“(F) PRIORITY.—In making grants and entering into contracts and other agreements under subparagraph (A), the Secretary shall give priority to nongovernmental and community-based organizations with an expertise in working with socially disadvantaged farmers and ranchers or veteran farmers and ranchers.
“(G) REGIONAL BALANCE.—To the maximum extent practicable, the Secretary shall ensure the geographical diversity of eligible entities to which grants are made and contracts and other agreements are entered into under subparagraph (A).
“(H) PROHIBITION.—A grant, contract, or other agreement under subparagraph (A) may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility.
(7) by inserting after subsection (c) (as so redesignated) the following:
“(d) Beginning farmer and rancher development grant program.—
“(1) IN GENERAL.—The Secretary, acting through the Director of the National Institute of Food and Agriculture, shall make competitive grants to support new and established local and regional training, education, outreach, and technical assistance initiatives for beginning farmers and ranchers.
“(2) INCLUDED PROGRAMS AND SERVICES.—Initiatives described in paragraph (1) may include programs or services, as appropriate, relating to—
“(B) innovative farm, ranch, and private, nonindustrial forest land transfer and succession strategies;
“(3) ELIGIBILITY.—
“(A) IN GENERAL.—To be eligible to receive a grant under this subsection, the recipient of the grant shall be a collaborative State, Tribal, local, or regionally-based network or partnership of public or private entities.
“(5) EVALUATION CRITERIA.—In making grants under this subsection, the Secretary shall evaluate, with respect to applications for the grants—
“(E) the consultation of beginning farmers and ranchers in design, implementation, and decisionmaking relating to an initiative described in paragraph (1);
“(6) REGIONAL BALANCE.—To the maximum extent practicable, the Secretary shall ensure the geographical diversity of recipients of grants under this subsection.
“(7) PRIORITY.—In making grants under this subsection, the Secretary shall give priority to partnerships and collaborations that are led by or include nongovernmental, community-based organizations and school-based educational organizations with expertise in new agricultural producer training and outreach.
“(8) PROHIBITION.—A grant made under this subsection may not be used for the planning, repair, rehabilitation, acquisition, or construction of a building or facility.
“(9) COORDINATION PERMITTED.—A recipient of a grant under this subsection may coordinate with a recipient of a grant under section 1680 in addressing the needs of veteran farmers and ranchers with disabilities.
“(10) CONSECUTIVE AWARDS.—A grant under this subsection may be made to a recipient for consecutive years.
“(11) PEER REVIEW.—
“(12) PARTICIPATION BY OTHER FARMERS AND RANCHERS.—Nothing in this subsection prohibits the Secretary from allowing a farmer or rancher who is not a beginning farmer or rancher (including an owner or operator that has ended, or expects to end within 5 years, active labor in a farming or ranching operation as a producer) from participating in a program or service under this subsection, to the extent that the Secretary determines that such participation—
(8) by inserting after subsection (f) the following:
“(g) Education teams.—
“(1) IN GENERAL.—The Secretary shall establish beginning farmer and rancher education teams to develop curricula and conduct educational programs and workshops for beginning farmers and ranchers in diverse geographical areas of the United States.
“(2) CURRICULUM.—In promoting the development of curricula under paragraph (1), the Secretary shall, to the maximum extent practicable, include modules tailored to specific audiences of beginning farmers and ranchers, based on crop diversity or regional diversity.
“(3) COMPOSITION.—In establishing an education team under paragraph (1) for a specific program or workshop, the Secretary shall, to the maximum extent practicable—
“(4) COOPERATION.—
“(A) IN GENERAL.—In carrying out this subsection, the Secretary shall cooperate, to the maximum extent practicable, with—
“(B) COOPERATIVE AGREEMENTS.—Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into a cooperative agreement to reflect the terms of any cooperation under subparagraph (A).
“(h) Curriculum and training clearinghouse.—The Secretary shall establish an online clearinghouse that makes available to beginning farmers and ranchers education curricula and training materials and programs, which may include online courses for direct use by beginning farmers and ranchers.
“(i) Stakeholder input.—In carrying out this section, the Secretary shall seek stakeholder input from—
“(4) national, State, Tribal, and local organizations and other persons with expertise in operating programs for—
“(5) the Advisory Committee on Beginning Farmers and Ranchers established under section 5(b) of the Agricultural Credit Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102–554);
“(6) the Advisory Committee on Minority Farmers established under section 14008 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 2279 note; Public Law 110–246); and
“(7) the Tribal Advisory Committee established under subsection (b) of section 309 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921).”;
(9) in paragraph (3) of subsection (k) (as so redesignated), by inserting “and not later than March 1, 2020,” after “1991,”; and
(10) by adding at the end the following:
“(p) Funding.—
“(1) MANDATORY FUNDING.—Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $50,000,000 for fiscal year 2018 and each fiscal year thereafter.
“(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $50,000,000 for each fiscal years 2018 through 2023.
“(4) ALLOCATION OF FUNDS.—
“(5) INTERAGENCY FUNDING.—Any agency of the Department may participate in any grant, contract, or agreement entered into under this section by contributing funds, if the contributing agency determines that the objectives of the grant, contract, or agreement will further the authorized programs of the contributing agency.
SEC. 12302. Urban agriculture.
(a) Definition of Director.—In this section, the term “Director” means the Director of the Office of Urban Agriculture and Innovative Production established under section 222(a)(1) of the Department of Agriculture Reorganization Act of 1994 (as added by subsection (b)).
(b) Office of Urban Agriculture and Innovative Production.—Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6911 et seq.) (as amended by section 12202) is amended by adding at the end the following:
“SEC. 222. Office of Urban Agriculture and Innovative Production.
“(a) Office.—
“(1) IN GENERAL.—The Secretary shall establish in the Department an Office of Urban Agriculture and Innovative Production.
“(2) DIRECTOR.—The Secretary shall appoint a senior official to serve as the Director of the Office of Urban Agriculture and Innovative Production (referred to in this section as the ‘Director’).
“(3) MISSION.—The mission of the Office of Urban Agriculture and Innovative Production shall be to encourage and promote urban, indoor, and other emerging agricultural practices, including—
“(4) RESPONSIBILITIES.—The Director shall be responsible for engaging in activities to carry out the mission described in paragraph (3), including by—
“(A) managing and facilitating programs, including for community gardens, urban farms, rooftop agriculture, and indoor vertical production;
“(C) advising the Secretary on issues relating to the mission of the Office of Urban Agriculture and Innovative Production;
“(D) ensuring that the programs of the Department are updated to address urban, indoor, and other emerging agricultural production practices, in coordination with the officials in the Department responsible for those programs;
“(E) engaging in external relations with stakeholders and coordinating external partnerships to share best practices, provide mentorship, and offer technical assistance;
“(F) facilitating interagency program coordination and developing interagency tools for the promotion of existing programs and resources;
“(G) creating resources that identify common State and municipal best practices for navigating local policies;
“(H) reviewing and improving farm enterprise development programs that provide information about financial literacy, business planning, and food safety record keeping;
“(b) Urban Agriculture and Innovative Production Advisory Committee.—
“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Secretary shall establish an Urban Agriculture and Innovative Production Advisory Committee (referred to in this subsection as the ‘Committee’) to advise the Secretary on—
“(2) MEMBERSHIP.—
“(A) IN GENERAL.—The Committee shall be composed of 15 members, of whom—
“(i) 5 shall be individuals who are agricultural producers, of whom—
“(iii) 1 shall be an individual who represents a nonprofit organization, which may include a public health, environmental, or community organization;
“(iv) 1 shall be an individual who represents business and economic development, which may include a business development entity, a chamber of commerce, a city government, or a planning organization;
“(3) PERIOD OF APPOINTMENT; VACANCIES.—
“(A) IN GENERAL.—Except as provided in subparagraph (B), a member of the Committee shall be appointed for a term of 3 years.
“(B) INITIAL APPOINTMENTS.—Of the members first appointed to the Committee—
“(5) DUTIES.—
“(A) IN GENERAL.—The Committee shall—
“(i) develop recommendations—
“(ii) advise the Director on policies and initiatives administered by the Office of Urban Agriculture and Innovative Production;
“(iii) evaluate and review ongoing research and extension activities relating to urban, indoor, and other innovative agricultural practices;
“(B) REPORTS.—Not later than 1 year after the date of enactment of this section, and each year thereafter, the Committee shall submit to the Secretary, the Committee on Agriculture of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the recommendations developed under subparagraph (A)(i).
(c) Farm numbers.—The Secretary shall provide for the assignment of a farm number (as defined in section 718.2 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for rooftop farms, indoor farms, and other urban farms, as determined by the Secretary.
(d) Grant authority.—
(2) GRANTS.—The Director may award competitive grants to eligible entities to support the development of urban agriculture and innovative production.
(3) FUNDING PRIORITY.—In awarding grants under this subsection, priority shall be given to an eligible entity that uses and provides an evaluation of a grant received under this subsection—
(C) to educate a community on—
(i) issues relating to food systems, including connections between rural farmers and urban communities;
(e) Pilot projects.—
(1) URBAN AND SUBURBAN COUNTY COMMITTEES.—
(A) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program for not fewer than 5 years that establishes 10 county committees in accordance with section 8(b)(5)(B)(ii)(II) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)(B)) to operate in counties located in urban or suburban areas with a high concentration of urban or suburban farms.
(B) EFFECT.—Nothing in this paragraph requires or precludes the establishment of a Farm Service Agency office in a county in which a county committee is established under subparagraph (A).
(2) INCREASING COMMUNITY COMPOST AND REDUCING FOOD WASTE.—
(A) IN GENERAL.—The Secretary, acting through the Director (referred to in this paragraph as the “Secretary”), shall carry out pilot projects under which the Secretary shall offer to enter into cooperative agreements with local or municipal governments in not fewer than 10 States to develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans.
(B) ELIGIBLE ENTITIES AND PURPOSES OF PILOT PROJECTS.—Under a cooperative agreement entered into under this paragraph, the Secretary shall provide assistance to municipalities, counties, local governments, or city planners, as appropriate, to carry out planning and implementing activities that will—
(C) EVALUATION AND RANKING OF APPLICATIONS.—
(i) CRITERIA.—Not later than 180 days after the date of enactment of this Act, the Secretary shall establish criteria for the selection of pilot projects under this paragraph.
(D) MATCHING REQUIREMENT.—The recipient of assistance for a pilot project under this paragraph shall provide funds, in-kind contributions, or a combination of both from sources other than funds provided through the grant in an amount equal to not less than 25 percent of the amount of the grant.
SEC. 12303. Office of Advocacy and Outreach.
Section 226B(f)(3)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6934(f)(3)(B)) is amended by striking “2018” and inserting “2023”.
SEC. 12304. Tribal Advisory Committee.
Section 309 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is amended—
(2) by adding at the end the following:
“(b) Tribal Advisory Committee.—
“(1) DEFINITIONS.—In this subsection:
“(A) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(C) TRIBAL ORGANIZATION.—The term ‘tribal organization’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
“(2) ESTABLISHMENT OF COMMITTEE.—
“(3) MEMBERSHIP.—
“(C) DIVERSITY.—To the maximum extent feasible, the Secretary shall ensure that the members of the Committee represent a diverse set of expertise on issues relating to geographic regions, Indian tribes, and the agricultural industry.
“(D) LIMITATION.—No member of the Committee shall be an officer or employee of the Federal government.
“(E) PERIOD OF APPOINTMENT; VACANCIES.—
“(F) MEETINGS.—
“(ii) OFFICE OF TRIBAL RELATIONS REPRESENTATIVE.—Not fewer than 1 representative from the Office of Tribal Relations of the Department shall be present at each meeting of the Committee.
“(4) DUTIES OF COMMITTEE.—The Committee shall—
“(D) discuss issues and proposals for changes to the regulations, policies, and procedures of the Department that impact Indian tribes;
“(E) identify priorities and provide advice on appropriate strategies for Tribal consultation on issues at the Tribal, regional, or national level regarding the Department;
“(5) REPORTS.—
“(6) COMPENSATION OF MEMBERS.—Members of the Committee shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Committee.
SEC. 12305. Experienced services program.
(a) In general.—Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is amended—
(2) in subsection (a)—
(A) in the first sentence—
(B) in paragraph (1) (as so designated)—
(i) by striking “Secretary. Such technical services may include” and inserting “Secretary, including”;
(iii) by adding at the end the following:
“(2) technical, professional, and administrative services to support the research, education, and economics mission area of the Department of Agriculture (including the Agricultural Research Service, the Economic Research Service, the National Agricultural Library, the National Agricultural Statistics Service, the Office of the Chief Scientist, and the National Institute of Food and Agriculture), including—
“(D) providing statistical information and research results to farmers, ranchers, agribusiness, and public officials; and
“(E) assisting research, education, and extension programs in land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).”;
(b) Technical amendment.—Title XII of the Food Security Act of 1985 is amended by moving section 1252 (16 U.S.C. 3851) (as amended by subsection (a)) and section 1253 (as added by section 2409) to appear after section 1251 (as added by section 2429).
SEC. 12306. Youth outreach and beginning farmer coordination.
Subtitle D of title VII of the Farm Security and Rural Investment Act of 2002 (as amended by section 12301(a)(1)) is amended by inserting after section 7404 (7 U.S.C. 3101 note; Public Law 107–171) the following:
“SEC. 7405. Youth outreach and beginning farmer coordination.
“(a) Definitions.—In this section:
“(2) NATIONAL COORDINATOR.—The term ‘National Coordinator’ means the National Beginning Farmer and Rancher Coordinator established under subsection (b)(1).
“(b) National beginning farmer and rancher coordinator.—
“(1) ESTABLISHMENT.—The Secretary shall establish in the Department the position of National Beginning Farmer and Rancher Coordinator.
“(2) DUTIES.—
“(A) IN GENERAL.—The National Coordinator shall—
“(3) REPORTS.—Not less frequently than once each year, the National Coordinator shall distribute within the Department and make publicly available a report describing the status of steps taken to carry out the duties described in subparagraphs (A) and (B) of paragraph (2).
“(4) CONTRACTS AND COOPERATIVE AGREEMENTS.—In carrying out the duties under paragraph (2), the National Coordinator may enter into a contract or cooperative agreement with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), cooperative extension services (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103), or a nonprofit organization—
“(c) State beginning farmer and rancher coordinators.—
“(1) IN GENERAL.—
“(2) TRAINING.—The Secretary shall develop a training plan to provide to each State coordinator knowledge of programs and services available from the Department for beginning farmers and ranchers, taking into consideration the needs of all production types and sizes of agricultural operations.
“(3) DUTIES.—A State coordinator shall—
“(A) coordinate technical assistance at the State level to assist beginning farmers and ranchers in accessing programs of the Department;
“(B) develop and submit to the National Coordinator for approval under subsection (b)(2)(A)(ii) a State plan to improve the coordination, delivery, and efficacy of programs of the Department to beginning farmers and ranchers, taking into consideration the needs of all types of production methods and sizes of agricultural operation, at each county and area office in the State;
“(d) Agricultural Youth Coordinator.—
“(1) ESTABLISHMENT.—The Secretary shall establish in the Department the position of Agricultural Youth Coordinator.
“(2) DUTIES.—The Agricultural Youth Coordinator shall—
“(A) promote the role of school-based agricultural education and youth-serving agricultural organizations in motivating and preparing young people to pursue careers in the agriculture, food, and natural resources systems;
“(B) coordinate outreach to programs and agencies within the Department—
“(C) raise awareness among youth about the importance of agriculture in a diversity of fields and disciplines;
“(D) provide information to persons involved in youth, food, and agriculture organizations about the availability of, and eligibility requirements for, agricultural programs, with particular emphasis on—
“(3) CONTRACTS AND COOPERATIVE AGREEMENTS.—For purposes of carrying out the duties described in paragraph (2), the Agricultural Youth Coordinator—
“(A) shall consult with land-grant colleges and universities and cooperative extension services (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and
“(B) may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or nonprofit organizations for—
SEC. 12307. Availability of Department of Agriculture programs for veteran farmers and ranchers.
(a) Definition of veteran farmer or rancher.—Paragraph (7) of subsection (a) (as redesignated by section 12301(b)(3)) of section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended—
(b) Federal crop insurance.—
(1) DEFINITION OF VETERAN FARMER OR RANCHER.—Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) (as amended by section 11101) is amended by adding at the end the following:
(2) CROP INSURANCE.—Section 508 of the Federal Crop Insurance Act (7 U.S.C. 1508) is amended—
(A) in subsection (b)(5)(E)—
(ii) in clause (i) (as so designated), by striking the period at the end and inserting the following: “, and veteran farmers or ranchers.
“(ii) COORDINATION.—The Corporation shall coordinate with other agencies of the Department that provide programs or services to farmers and ranchers described in clause (i) to make available coverage under the waiver under that clause and to share eligibility information to reduce paperwork and avoid duplication.”;
(3) EDUCATION AND RISK MANAGEMENT ASSISTANCE.—Section 524(a)(4) of the Federal Crop Insurance Act (7 U.S.C. 1524(a)(4)) is amended—
(c) Down payment loan program.—Section 310E of the Consolidated Farm and Rural Development Act (7 U.S.C. 1935) is amended—
(1) in subsection (a)(1), by striking “qualified beginning farmers or ranchers and socially disadvantaged farmers or ranchers” and inserting “eligible farmers or ranchers”;
(2) in subsection (d)—
(C) in paragraph (4), by striking “for beginning farmers or ranchers or socially disadvantaged farmers or ranchers” and inserting the following: “for—
“(C) veteran farmers or ranchers, as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))”; and
(3) by striking subsection (e) and inserting the following:
“(e) Definition of eligible farmer or rancher.—In this section, the term ‘eligible farmer or rancher’ means—
“(3) a veteran farmer or rancher, as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).”.
(d) Interest rate reduction program.—Section 351(e)(2)(B) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1999(e)(2)(B)) is amended—
(2) in clause (i), by inserting “or veteran farmers and ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))” before the period at the end; and
(e) National food safety training, education, extension, outreach, and technical assistance program.—Section 405(c) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7625(c)) is amended by inserting “veteran farmers or ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))),” after “socially disadvantaged farmers,”.
(f) Administration and operation of noninsured crop assistance program.—Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) is amended—
(1) in subsection (k)(2), by inserting “, or a veteran farmer or rancher (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))” before the period at the end; and
(2) in subsection (l), in paragraph (3) (as redesignated by section 1601(7)(C))—
(B) by inserting “and veteran farmers or ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))” before “in exchange”.
(g) Funding for transition option for certain farmers or ranchers.—Section 1241(a)(1)(B) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking “beginning farmers or ranchers and socially disadvantaged farmers or ranchers” and inserting “covered farmers or ranchers, as defined in section 1235(f)(1)”.
(h) Supplemental agricultural disaster assistance.—
(1) DEFINITION OF COVERED PRODUCER.—Section 1501(a) of the Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended—
(B) by inserting before paragraph (2) (as so redesignated) the following:
“(1) COVERED PRODUCER.—The term ‘covered producer’ means an eligible producer on a farm that is—
“(B) a veteran farmer or rancher, as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).”.
(2) EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES, AND FARM-RAISED FISH.—Section 1501(d) of the Agricultural Act of 2014 (7 U.S.C. 9081(d)) is amended by adding at the end the following:
SEC. 12401. Office of Congressional Relations and Intergovernmental Affairs.
(a) Assistant secretaries of agriculture.—Section 218(a)(1) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918(a)(1)) is amended by striking “Relations” and inserting “Relations and Intergovernmental Affairs”.
(b) Succession.—Any official who is serving as the Assistant Secretary of Agriculture for Congressional Relations on the date of enactment of this Act and who was appointed by the President, by and with the advice and consent of the Senate, shall not be required to be reappointed as a result of the change made to the name of that position under the amendment made by subsection (a).
SEC. 12402. Military Veterans Agricultural Liaison.
Section 219 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6919) is amended—
(2) by adding at the end the following:
“(d) Website required.—
“(1) IN GENERAL.—The website required under subsection (b)(5) shall include the following:
“(A) Positions identified within the Department of Agriculture that are available to veterans for apprenticeships.
“(B) Apprenticeships, programs of training on the job, and programs of education that are approved for purposes of chapter 36 of title 38, United States Code.
“(C) Employment skills training programs for members of the Armed Forces carried out pursuant to section 1143(e) of title 10, United States Code.
“(D) Information designed to assist businesses, nonprofit entities, educational institutions, and farmers interested in developing apprenticeships, on-the-job training, educational, or entrepreneurial programs for veterans in navigating the process of having a program approved by a State approving agency for purposes of chapter 36 of title 38, United States Code, including—
“(i) contact information for relevant offices in the Department of Defense, Department of Veterans Affairs, Department of Labor, and Small Business Administration;
“(iii) recommendations with respect to training and coursework to be used during apprenticeships or on-the-job training that will enable a veteran to be eligible for agricultural programs; and
“(iv) examples of successful programs and curriculums that have been approved for purposes of chapter 36 of title 38, United States Code (with consent of the organization and without any personally identifiable information).
“(2) REVIEW OF WEBSITE.—
“(A) IN GENERAL.—Not later than 5 years after the date of enactment of this paragraph, and once every 5 years thereafter, the Secretary shall conduct a study to determine if the website required under subsection (b)(5) is effective in providing veterans the information required under paragraph (1).
“(B) INEFFECTIVE WEBSITE.—If the Secretary determines that the website is not effective under subparagraph (A), the Secretary shall—
“(e) Consultation required.—In carrying out this section, the Secretary shall consult with organizations that serve veterans.
“(f) Report.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Military Veterans Agricultural Liaison shall submit a report on beginning farmer training for veterans and agricultural vocational and rehabilitation programs for veterans to—
“(2) CONTENTS OF REPORT.—The report submitted under paragraph (1) shall include—
“(B) a description of the information provided to veterans under paragraphs (1) and (2) of subsection (b);
“(C) recommendations for best informing veterans of the programs described in paragraphs (1) and (2) of subsection (b);
“(G) recommendations for how opportunities for veterans in agriculture should be developed or expanded;
“(g) Public dissemination of information.—
“(1) IN GENERAL.—Not later than 1 year after the date of enactment of this subsection, and annually thereafter, the Military Veterans Agricultural Liaison shall make publicly available and share broadly, including by posting on the website of the Department—
“(2) FURTHER DISSEMINATION.—Not later than the day before the date on which the Military Veterans Agricultural Liaison makes publicly available the information under paragraph (1), the Military Veterans Agricultural Liaison shall provide that information to the Department of Defense, the Department of Veterans Affairs, the Small Business Administration, and the Department of Labor.”.
SEC. 12403. Civil rights analyses.
(a) In general.—Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6911 et seq.) (as amended by section 12302(b)) is amended by adding at the end the following:
“SEC. 223. Civil rights analyses.
“(a) Definition of civil rights analysis.—In this section, the term ‘civil rights analysis’ means a review to analyze and identify actions, policies, and decisions under documents described in subsection (b) that may have an adverse or disproportionate impact on employees, contractors, or beneficiaries (including participants) of any program or activity of the Department based on the membership of the employees, contractors, or beneficiaries in a group that is protected under Federal law from discrimination in employment, contracting, or provision of a program or activity, as applicable.
“(b) Actions, policies, and decisions.—Before implementing any of the following action, policy, or decision documents, the Secretary shall conduct a civil rights analysis of the action, policy, or decision that is the subject of the document:
“(1) New, revised, or interim rules and notices to be published in the Federal Register or the Code of Federal Regulations.
“(2) Charters for advisory committees, councils, or boards managed by any agency of the Department on behalf of the Secretary.
“(3) Any regulations of the Department or new or revised agency-specific instructions, procedures, or other guidance published in an agency directives system.
“(c) Expedited review.—The Assistant Secretary for Civil Rights may grant, on a case-by-case basis, an expedited civil rights analysis if the head of an agency within the Department provides a written justification for the expedited civil rights analysis.
“(d) Waiver.—On petition by the head of any agency within the Department, the Assistant Secretary for Civil Rights may grant, on a case-by-case basis, a waiver of the civil rights analysis if the Assistant Secretary for Civil Rights determines that there is no foreseeable adverse or disproportionate impact described in subsection (a) of the proposed action, policy, or decision document described in subsection (b).”.
(b) Study; report.—
(1) STUDY.—Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States (referred to in this section as the “Comptroller General”) shall conduct a study describing—
(A) the effectiveness of the Department of Agriculture in processing and resolving civil rights complaints;
(B) minority participation rates in farm programs, including a comparison of overall farmer and rancher participation with minority farmer and rancher participation by considering particular aspects of the programs of the Department of Agriculture for producers, such as ownership status, program participation, usage of permits, and waivers;
(C) the realignment the civil rights functions of the Department of Agriculture, as outlined in Secretarial Memorandum 1076–023 (March 9, 2018), including an analysis of whether that realignment has any negative implications on the civil rights functions of the Department;
(D) efforts of the Department of Agriculture to identify actions, programs, or activities of the Department of Agriculture that may adversely affect employees, contractors, or beneficiaries (including participants) of the action, program, or activity based on the membership of the employees, contractors, or beneficiaries in a group that is protected under Federal law from discrimination in employment, contracting, or provision of an action, program, or activity, as applicable; and
SEC. 12404. Farm Service Agency.
(a) In general.—Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is amended—
(b) Conforming amendments.—
(1) Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) is amended—
(2) Section 271(2)(A) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended by striking “Consolidated Farm” each place it appears and inserting “Farm”.
(3) Section 275(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by striking “Consolidated Farm” each place it appears and inserting “Farm”.
SEC. 12405. Under Secretary of Agriculture for Farm Production and Conservation.
(a) Office of Risk Management.—Section 226A(d)(1) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933(d)(1)) is amended by striking “Under Secretary of Agriculture for Farm and Foreign Agricultural Services” and inserting “Under Secretary of Agriculture for Farm Production and Conservation”.
(b) Multiagency task force.—Section 242(b)(3) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6952(b)(3)) is amended by striking “Under Secretary for Farm and Foreign Agricultural Services” and inserting “Under Secretary of Agriculture for Farm Production and Conservation”.
(c) Food Aid Consultative Group.—Section 205(b)(2) of the Food for Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking “Under Secretary of Agriculture for Farm and Foreign Agricultural Services” and inserting “Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs”.
(d) Interagency Committee on Minority Careers in International Affairs.—Section 625(c)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended by striking “Under Secretary” and all that follows through “designee” and inserting “Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs, or the designee of that Under Secretary”.
SEC. 12406. Under Secretary of Agriculture for Rural Development.
Section 231 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6941) is amended—
SEC. 12407. Administrator of the Rural Utilities Service.
(a) In general.—
(1) TECHNICAL CORRECTION.—
(A) IN GENERAL.—Section 232(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) (as in effect on the day before the effective date of the amendments made by section 2(a)(2) of the Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1283, 1295)) is amended—
(B) EFFECTIVE DATE.—The amendments made by subparagraph (A) take effect on the effective date described in section 6(a) of the Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1295).
(2) COMPENSATION.—Section 232(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) (as amended by paragraph (1)) is amended by adding at the end the following:
“(3) COMPENSATION.—The Administrator of the Rural Utilities Service shall receive basic pay at a rate not to exceed the maximum amount of compensation payable to a member of the Senior Executive Service under subsection (b) of section 5382 of title 5, United States Code, except that the certification requirement under that subsection shall not apply to the compensation of the Director.”.
(b) Conforming amendments.—
(1) Section 5315 of title 5, United States Code, is amended by striking “Administrator, Rural Utilities Service, Department of Agriculture.”.
(2) Section 748 of Public Law 107–76 (7 U.S.C. 918b) is amended by striking “the Administrator of the Rural Utilities Service” and inserting “the Secretary of Agriculture”.
(3) Section 379B(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008p(a)) is amended by striking “Secretary” and all that follows through “may” and inserting “Secretary may”.
(4) Section 6407(b)(4) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a(b)(4)) is amended by striking “Agriculture” and all that follows through “Service” and inserting “Agriculture”.
(5) Section 1004 of the Launching our Communities’ Access to Local Television Act of 2000 (47 U.S.C. 1103) is amended—
(6) Section 1005 of the Launching our Communities’ Access to Local Television Act of 2000 (47 U.S.C. 1104) is amended—
SEC. 12408. Rural Health Liaison.
Subtitle C of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended by adding at the end the following:
“SEC. 236. Rural Health Liaison.
“(a) Authorization.—The Secretary shall establish in the Department the position of Rural Health Liaison.
“(b) Duties.—The Rural Health Liaison shall—
“(1) in consultation with the Secretary of Health and Human Services, coordinate the role of the Department with respect to rural health;
“(2) integrate across the Department the strategic planning and activities relating to rural health;
“(3) improve communication relating to rural health within the Department and between Federal agencies;
“(5) provide to stakeholders, potential grant applicants, Federal agencies, State agencies, Indian Tribes, private organizations, and academic institutions relevant data and information, including the eligibility requirements for, and availability and outcomes of, Department programs applicable to the advancement of rural health;
“(6) maintain communication with public health, medical, occupational safety, and telecommunication associations, research entities, and other stakeholders to ensure that the Department is aware of current and upcoming issues relating to rural health;
“(7) consult on programs, pilot projects, research, training, and other affairs relating to rural health at the Department and other Federal agencies;
SEC. 12409. Healthy Food Financing Initiative.
Section 243 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6953) is amended—
SEC. 12410. Natural Resources Conservation Service.
(a) Field offices.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by section 12404(b)(1)) is amended by adding at the end the following:
“(g) Field offices.—
“(1) IN GENERAL.—The Secretary shall not close any field office of the Natural Resources Conservation Service unless, not later than 60 days before the date of the closure, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the closure.
“(2) EMPLOYEES.—The Secretary shall not permanently relocate any field-based employees of the Natural Resources Conservation Service or the rural development mission area if doing so would result in a field office of the Natural Resources Conservation Service or the rural development mission area with 2 or fewer employees, unless, not later than 60 days before the date of the permanent relocation, the Secretary submits to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a notification of the permanent relocation.”.
(b) Technical corrections.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by subsection (a)) is amended—
(2) in subsection (c), in the matter preceding paragraph (1), by striking “paragraphs (1), (2), and (4) of subsection (b) and the program under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837–3837f)” and inserting “paragraphs (1) and (3) of subsection (b)”.
(c) Relocation in Act.—
(1) IN GENERAL.—Section 246 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by subsection (b)) is—
(B) moved so as to appear at the end of subtitle B of title II (7 U.S.C. 6931 et seq.).
(2) CONFORMING AMENDMENTS.—
(A) Section 226 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) (as amended by section 12404(a)) is amended—
(B) Section 271(2)(F) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is amended by striking “section 246(b)” and inserting “section 228(b)”.
SEC. 12411. Office of the Chief Scientist.
(a) In general.—Section 251(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended—
(1) in the subsection heading, by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”;
(2) in paragraph (1), by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”;
(3) in paragraph (2), in the matter preceding subparagraph (A), by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”;
(4) in paragraph (3)(C), by striking “subparagraph (A) shall not exceed 4 years” and inserting “clauses (i) and (iii) of subparagraph (A) shall be for not less than 3 years”;
(6) by inserting after paragraph (3) the following:
“(4) ADDITIONAL LEADERSHIP DUTIES.—In addition to selecting the Division Chiefs under paragraph (3), using available personnel authority under title 5, United States Code, the Under Secretary shall select personnel—
“(A) to oversee implementation, training, and compliance with the scientific integrity policy of the Department;
“(B) (i) to integrate strategic program planning and evaluation functions across the programs of the Department; and
(b) Conforming amendments.—
(1) Section 251(f)(5)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended by striking “Research, Education and Extension Office” and inserting “Office of the Chief Scientist”.
(2) Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by striking “Research, Education, and Extension Office” and inserting “Office of the Chief Scientist”.
SEC. 12412. Trade and foreign agricultural affairs.
The Department of Agriculture Reorganization Act of 1994 is amended—
(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) as subtitle K; and
(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.) the following:
“SEC. 287. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.
“(a) Establishment.—There is established in the Department the position of Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs.
“(b) Appointment.—The Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs shall be appointed by the President, by and with the advice and consent of the Senate.
(a) Department of Agriculture Reorganization Act of 1994.—The following provisions of the Department of Agriculture Reorganization Act of 1994 are repealed:
(1) Section 211 (7 U.S.C. 6911).
(2) Section 213 (7 U.S.C. 6913).
(3) Section 214 (7 U.S.C. 6914).
(4) Section 217 (7 U.S.C. 6917).
(5) Section 247 (7 U.S.C. 6963).
(6) Section 252 (7 U.S.C. 6972).
(7) Section 295 (7 U.S.C. 7013).
(b) Other provision.—Section 3208 of the Agricultural Act of 2014 (7 U.S.C. 6935) is repealed.
SEC. 12414. Technical corrections.
(a) Office of Risk Management.—Section 226A(a) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933(a)) is amended by striking “Subject to subsection (e), the Secretary” and inserting “The Secretary”.
(b) Correction of error.—
(1) ASSISTANT SECRETARIES OF AGRICULTURE.—Section 218 of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6918) (as in effect on the day before the effective date of the amendments made by section 2(a)(1) of the Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1283, 1295)) is amended by striking “Senate.” in subsection (b) and all that follows through “responsibility for—” in the matter preceding paragraph (1) of subsection (d) and inserting the following: “Senate.
(2) EFFECTIVE DATE.—The amendments made by paragraph (1) take effect on the effective date described in section 6(a) of the Presidential Appointment Efficiency and Streamlining Act of 2011 (Public Law 112–166; 126 Stat. 1295).
SEC. 12415. Effect of subtitle.
(a) Effective date.—Except as provided in sections 12407(a)(1)(B) and 12414(b)(2), this subtitle and the amendments made by this subtitle take effect on the date of enactment of this Act.
SEC. 12416. Termination of authority.
Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the following:
SEC. 12501. Acer access and development program.
Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C. 1632c(f)) is amended by striking “2018” and inserting “2023”.
SEC. 12502. South Carolina inclusion in Virginia/Carolina peanut producing region.
Section 1308(c)(2)(B)(iii) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is amended by striking “Virginia and North Carolina” and inserting “Virginia, North Carolina, and South Carolina”.
SEC. 12503. Pet and Women Safety.
(a) Pet involvement in crimes related to domestic violence and stalking.—
(1) INTERSTATE STALKING.—Section 2261A of title 18, United States Code, is amended—
(2) INTERSTATE VIOLATION OF PROTECTION ORDER.—Section 2262 of title 18, United States Code, is amended—
(3) RESTITUTION TO INCLUDE VETERINARY SERVICES.—Section 2264 of title 18, United States Code, is amended in subsection (b)(3)—
(b) Emergency and transitional pet shelter and housing assistance grant program.—
(1) IN GENERAL.—The Secretary, acting in consultation with the Office of the Violence Against Women of the Department of Justice, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall award grants under this subsection to eligible entities to carry out programs to provide the assistance described in paragraph (3) with respect to victims of domestic violence, dating violence, sexual assault, or stalking and the pets of such victims.
(2) APPLICATION.—
(A) IN GENERAL.—An eligible entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including—
(B) ADDITIONAL REQUIREMENTS.—In addition to the requirements of subparagraph (A), each application submitted by an eligible entity under that subparagraph shall—
(i) not include proposals for any activities that may compromise the safety of a domestic violence victim, including—
(3) USE OF FUNDS.—Grants awarded under this subsection may only be used for programs that provide—
(A) emergency and transitional shelter and housing assistance for domestic violence victims with pets, including assistance with respect to any construction or operating expenses of newly developed or existing emergency and transitional pet shelter and housing (regardless of whether such shelter and housing is co-located at a victim service provider or within the community);
(B) short-term shelter and housing assistance for domestic violence victims with pets, including assistance with respect to expenses incurred for the temporary shelter, housing, boarding, or fostering of the pets of domestic violence victims and other expenses that are incidental to securing the safety of such a pet during the sheltering, housing, or relocation of such victims;
(C) support services designed to enable a domestic violence victim who is fleeing a situation of domestic violence, dating violence, sexual assault, or stalking to—
(4) GRANT CONDITIONS.—An eligible entity that receives a grant under this subsection shall, as a condition of such receipt, agree—
(A) to be bound by the nondisclosure of confidential information requirements of section 40002(b)(2) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2)); and
(B) that the entity shall not condition the receipt of support, housing, or other benefits provided pursuant to this subsection on the participation of domestic violence victims in any or all of the support services offered to such victims through a program carried out by the entity using grant funds.
(5) DURATION OF ASSISTANCE PROVIDED TO VICTIMS.—
(A) IN GENERAL.—Subject to subparagraph (B), assistance provided with respect to a pet of a domestic violence victim using grant funds awarded under this subsection shall be provided for a period of not more than 24 months.
(B) EXTENSION.—An eligible entity that receives a grant under this subsection may extend the 24-month period referred to in subparagraph (A) for a period of not more than 6 months in the case of a domestic violence victim who—
(6) REPORT TO THE SECRETARY.—Not later than 1 year after the date on which an eligible entity receives a grant under this subsection and each year thereafter, the entity shall submit to the Secretary a report that contains, with respect to assistance provided by the entity to domestic violence victims with pets using grant funds received under this subsection, information on—
(7) REPORT TO CONGRESS.—
(A) REPORTING REQUIREMENT.—Not later than November 1 of each even-numbered fiscal year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains a compilation of the information contained in the reports submitted under paragraph (6).
(8) AUTHORIZATION OF APPROPRIATIONS.—
(9) DEFINITIONS.—In this subsection:
(A) DOMESTIC VIOLENCE VICTIM DEFINED.—The term “domestic violence victim” means a victim of domestic violence, dating violence, sexual assault, or stalking.
(B) ELIGIBLE ENTITY.—The term “eligible entity” means—
(C) PET.—The term “pet” means a domesticated animal, such as a dog, cat, bird, rodent, fish, turtle, horse, or other animal that is kept for pleasure rather than for commercial purposes.
(D) OTHER TERMS.—Except as otherwise provided in this subsection, terms used in this section shall have the meaning given such terms in section 40002(a) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)).
SEC. 12504. Data on conservation practices.
Subtitle E of title XII of the Food Security Act of 1985 (16 U.S.C. 3841 et seq.) is amended by adding at the end the following:
“SEC. 1247. Data on conservation practices.
“(a) Purpose.—The purpose of this section is to increase the knowledge of how covered conservation practices or suites of covered conservation practices impact farm and ranch profitability (such as crop yields, soil health, and other risk-reducing factors) by using an appropriate collection, review, and analysis of data.
“(b) Definitions.—In this section:
“(1) COVERED CONSERVATION PRACTICE.—The term ‘covered conservation practice’ means a conservation practice—
“(3) PRIVACY AND CONFIDENTIALITY REQUIREMENTS.—
“(A) IN GENERAL.—The term ‘privacy and confidentiality requirements’ means all laws applicable to the Department and the agencies of the Department that protect data provided to, or collected by, the agencies of the Department from being disclosed to the public in any manner except as authorized by those laws.
“(B) INCLUSIONS.—The term ‘privacy and confidentiality requirements’ includes—
“(ii) section 502(c) of the Federal Crop Insurance Act (7 U.S.C. 1502(c));
“(iii) section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276);
“(iv) section 1619 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8791); and
“(v) the Confidential Information Protection and Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347).
“(c) Data collection, review, analysis, and technical assistance.—
“(1) IN GENERAL.—Subject to applicable privacy and confidentiality requirements, the Secretary shall—
“(A) not less frequently than annually, review and publish a summary of existing research of the Department, institutions of higher education, and other organizations relating to the impacts of covered conservation practices that relate to crop yields, soil health, risk, and farm and ranch profitability;
“(B) identify current data pertaining to the impacts of covered conservation practices that relate to crop yields, soil health, risk, and farm and ranch profitability collected by the Department, including—
“(C) collect additional data specifically pertaining to the impacts of covered conservation practices that relate to crop yields, soil health, risk, and farm and ranch profitability necessary to achieve the purpose described in subsection (a), on the condition that a producer shall not be compelled or required to provide that data;
“(D) ensure that data identified or collected under subparagraph (B) or (C), respectively, are collected in a compatible format at the field- and farm-level;
“(E) improve the interoperability of the data collected by the Department for the purposes of this section;
“(F) in carrying out subparagraph (C), use existing authorities and procedures of the National Agricultural Statistics Service to allow producers to voluntarily provide supplemental data that may be useful in analyzing the impacts of covered conservation practices relating to crop yields, soil health, risk, and farm and ranch profitability using the least burdensome means to collect that data, such as through voluntary producer surveys;
“(G) integrate and analyze the data identified or collected under this subsection to consider the impacts of covered conservation practices relating to crop yields, soil health, risk, and farm and ranch profitability;
“(H) acting through the Administrator of the Risk Management Agency, in coordination with the Administrator of the Farm Service Agency and the Chief of the Natural Resources Conservation Service—
“(i) research and analyze how yield variability and risk are affected by different soil types for major crops;
“(I) to the extent practicable, integrate, collate, and link data identified under this subsection with other external data sources that include crop yields, soil health, and conservation practices, ensuring that all privacy and confidentiality requirements are implemented to protect all data subject to the privacy and confidentiality requirements;
“(J) not later than 2 years after the date of enactment of this section—
“(i) establish a conservation and farm productivity data warehouse that contains the data identified or collected under subparagraph (B) or (C), respectively, in a form authorized under the privacy and confidentiality requirements applicable to each agency of the Department that contributes data to the data warehouse; and
“(ii) allow access to the data warehouse established under clause (i) by an academic institution or researcher, if the academic institution or researcher has complied with all requirements of the National Agricultural Statistics Service under section 1770 of the Food Security Act of 1985 (7 U.S.C. 2276) relating to the sharing of data of the Natural Agricultural Statistics Service; and
“(K) not less frequently than annually, and, if practicable, more frequently than annually, disseminate the results of the research and analysis obtained through carrying out this section that demonstrate the impacts of covered conservation practices on crop yields, soil health, risk, and farm and ranch profitability in an aggregate manner that protects individual producer data and makes the results of the research and analysis easily used and implemented by producers and other stakeholders.
“(2) PROCEDURES TO PROTECT INTEGRITY AND CONFIDENTIALITY.—
“(A) IN GENERAL.—Before providing access to any data under paragraph (1), the Secretary shall establish procedures to protect the integrity and confidentiality of any data identified, collected, or warehoused under this section.
“(B) REQUIREMENTS.—Procedures under subparagraph (A) shall—
“(4) EFFECT.—
“(A) COMBINATION OF DATA.—The combination of data protected from disclosure under the privacy and confidentiality requirements with data covered by lesser protections or no protections in the data warehouse established under paragraph (1)(J)(i) shall not modify or otherwise affect the privacy and confidentiality requirements that protect the data.
“(d) Producer tools.—
“(1) IN GENERAL.—Not later than 3 years after the date of enactment of this section, the Secretary shall provide technical assistance, including through internet-based tools, based on the analysis conducted in carrying out this section and other sources of relevant data, to assist producers in improving sustainable production practices that increase yields and enhance environmental outcomes.
“(e) Limitation.—Nothing in this section mandates the submission of information by a producer that is not already required for another purpose under a program of the Department.
“(f) Reporting.—Not later than 1 year after the date of enactment of this section, and each year thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes—
“(2) the number and regions of producers that voluntarily submitted information under subparagraphs (C) and (F) of subsection (c)(1);
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e–1(a)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by inserting “cherries, pecans,” after “walnuts,”.
SEC. 12506. Study on food waste.
(b) Study.—The Secretary shall conduct a study to evaluate and determine—
(4) the cost and volume of food loss of—
(B)imported fresh food products that pass import inspection but do not make it to market in the United States, consistent with article III of the GATT 1994 (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501));
(c) Initial Report.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit a report that describes the results of the study conducted under subsection (b) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(d) Annual report.—Not later than 1 year after the date of submission of the report under subsection (c), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes—
SEC. 12507. Report on business centers.
(a) In general.—Not later than 365 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating each business center established in the Department of Agriculture.
(b) Inclusions.—The report under subsection (a) shall include—
(1) an examination of the effectiveness of each business center in carrying out its mission, including any recommendations to improve the operation of and function of any of those business centers; and
(2) an evaluation of—
(B) the impact on the annual budget for agencies the budget offices of which have been relocated to the business center, and the effectiveness of funds used to support the business centers, including an accounting of all discretionary and mandatory funding provided to the business center for conservation and farm services from—
SEC. 12508. Information technology modernization.
(a) In general.—The Comptroller General of the United States (referred to in this section as the “Comptroller General”) shall examine efforts of the Department of Agriculture —
(1) relating to information technology for the business center established by the Secretary for the farm production and conservation activities of the Department of Agriculture; and
(b) Reports.—
(1) INITIAL REPORT.—Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an initial report or a detailed briefing on the efforts examined under subsection (a), including—
(A) a detailed description of each ongoing or planned information technology modernization project and investment in information technology at the Department of Agriculture described in paragraph (1) or (2) of subsection (a) (referred to in this subsection as a “project or investment”);
(2) UPDATES.—In carrying out paragraph (1), the Comptroller General shall provide to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate regular briefings to give status updates.
(3) COMPREHENSIVE REPORT.—Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a comprehensive report that reviews each project or investment, including—
SEC. 12509. Report on personnel.
For the period of fiscal years 2019 through 2023, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a biannual report describing the number of staff years and employees of each agency of the Department of Agriculture.
SEC. 12510. Report on absent landlords.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the effects of absent landlords on the long-term economic health of agricultural production, including the effect of absent landlords on—
SEC. 12511. Restriction on use of certain poisons for predator control.
(a) Purpose.—The purpose of this section is to restrict the use of sodium cyanide to kill predatory animals given the risks posed by sodium cyanide to—
(b) Prohibition.—The Secretary shall use sodium cyanide in a predator control device described in subsection (c) only in accordance with Wildlife Services Directive Number 2.415 of the Animal and Plant Health Inspection Service, dated February 27, 2018, and the implementation guidelines attached to that Directive.
SEC. 12512. Century farms program.
The Secretary shall establish a program under which the Secretary recognizes any farm that—
(1) a State department of agriculture or similar statewide agricultural organization recognizes as a Century Farm; or
SEC. 12513. Report on the importation of live dogs.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Homeland Security, shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the importation of live dogs into the United States.
(b) Contents.—The Secretaries described in subsection (a) shall provide relevant data to complete the report submitted under subsection (a), which shall include, with respect to the importation of live dogs into the United States:
(3) An estimate of the number of dogs during the period covered by the report for which a request for the importation of live dogs for resale was denied because the proposed importation failed to meet the requirements of section 18 of the Animal Welfare Act (7 U.S.C. 2148).
(4) Any recommendations of the Secretary for any modifications to Federal law relating to the importation of live dogs for resale that the Secretary determines to be necessary to meet the requirements of section 18 of the Animal Welfare Act (7 U.S.C. 2148).
SEC. 12514. Establishment of technical assistance program.
(a) Definition.—In this section, the term “tribally designated housing entity” has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(b) In general.—The Secretary shall establish a technical assistance program to improve access by Tribal entities to rural development programs funded by the Department of Agriculture through available cooperative agreement authorities of the Secretary.
(c) Technical assistance program.—The technical assistance program established under subsection (b) shall address the unique challenge of Tribal governments, Tribal producers, Tribal businesses, Tribal business entities, and tribally designated housing entities in accessing Department of Agriculture-supported rural infrastructure, rural cooperative development, rural business and industry, rural housing, and other rural development activities.
(a) In general.—In this section, the term “Tribal Promise Zone” means an area that—
(1) is nominated by 1 or more Indian tribes (as defined in section 4(13) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for designation as a Tribal Promise Zone (in this section referred to as a “nominated zone”);
(3) the Secretary designates as a Tribal Promise Zone, after consultation with the Secretary of Commerce, the Secretary of Education, the Attorney General, the Secretary of the Interior, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, and other agencies as appropriate.
(b) Authorization and number of designations.—Not later than 1 year after the date of enactment of this Act, the Secretary shall nominate a minimum number of nominated zones, as determined by the Secretary in consultation with Indian tribes, to be designated as Tribal Promise Zones.
(c) Period of designations.—
(1) IN GENERAL.—The Secretary shall designate nominated zones as Tribal Promise Zones before January 1, 2020.
(2) EFFECTIVE DATES OF DESIGNATIONS.—The designation of any Tribal Promise Zone shall take effect—
(3) TERMINATION OF DESIGNATIONS.—The designation of any Tribal Promise Zone shall end on the earlier of—
(4) APPLICATION TO CERTAIN ZONES ALREADY DESIGNATED.—In the case of any area designated as a Tribal Promise Zone by the Secretary before the date of the enactment of this Act, such area shall be deemed a Tribal Promise Zone designated under this section (notwithstanding whether any such designation has been revoked before the date of the enactment of this Act) and shall reduce the number of Tribal Promise Zones remaining to be designated under paragraph (1).
(d) Limitations on designations.—No area may be designated under this section unless—
(1) the entities nominating the area have the authority to nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory to the Secretary that the competitiveness plan described in the application under subsection (e) for such area will be implemented and that such entities will provide the Secretary with such data regarding the economic conditions of the area (before, during, and after the area’s period of designation as a Tribal Promise Zone) as such Secretary may require; and
(e) Application.—No area may be designated under this section unless the application for such designation—
(1) demonstrates that the nominated zone satisfies the eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that—
(A) addresses the need of the nominated zone to attract investment and jobs and improve educational opportunities;
(B) leverages the nominated zone’s economic strengths and outlines targeted investments to develop competitive advantages;
(f) Selection criteria.—
(1) IN GENERAL.—From among the nominated zones eligible for designation under this section, the Secretary shall designate Tribal Promise Zones on the basis of—
(A) the effectiveness of the competitiveness plan submitted under subsection (e) and the assurances made under subsection (d);
(g) Competitive enhancement in federal awards to tribal promise zones.—Notwithstanding any other provision of law, each Federal grant program, technical assistance, and capacity-building competitive funding application opportunity, made available under any appropriations law in effect for a year in which the designation of a Tribal Promise Zones is in effect, shall provide preference points or priority special consideration to each application which advances the specific objectives of a Tribal Promise Zones competitiveness plan described in subsection (e) if the project or activity to be funded includes specific and definable services or benefits that will be delivered to residents of a Tribal Economic Opportunity Area.
SEC. 12516. Precision agriculture connectivity.
(a) Findings.—Congress finds the following:
(1) Precision agriculture technologies and practices allow farmers to significantly increase crop yields, eliminate overlap in operations, and reduce inputs such as seed, fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in real time about their fields, automate field management, and maximize resources.
(3) Studies estimate that precision agriculture technologies can reduce agricultural operation costs by up to 25 dollars per acre and increase farm yields by up to 70 percent by 2050.
(4) The critical cost savings and productivity benefits of precision agriculture cannot be realized without the availability of reliable broadband Internet access service delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to unserved agricultural land is critical to the United States economy and to the continued leadership of the United States in global food production.
(b) Task force.—
(1) DEFINITIONS.—In this subsection—
(2) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act, the Commission shall establish the Task Force for Reviewing the Connectivity and Technology Needs of Precision Agriculture in the United States.
(3) DUTIES.—
(A) IN GENERAL.—The Task Force shall consult with the Secretary, or a designee of the Secretary, and collaborate with public and private stakeholders in the agriculture and technology fields to—
(i) identify and measure current gaps in the availability of broadband Internet access service on agricultural land;
(ii) develop policy recommendations to promote the rapid, expanded deployment of broadband Internet access service on unserved agricultural land, with a goal of achieving reliable capabilities on 95 percent of agricultural land in the United States by 2025;
(iii) promote effective policy and regulatory solutions that encourage the adoption of broadband Internet access service on farms and ranches and promote precision agriculture;
(iv) recommend specific new rules or amendments to existing rules of the Commission that the Commission should issue to achieve the goals and purposes of the policy recommendations described in clause (ii);
(v) recommend specific steps that the Commission should take to obtain reliable and standardized data measurements of the availability of broadband Internet access service as may be necessary to target funding support, from future programs of the Commission dedicated to the deployment of broadband Internet access service, to unserved agricultural land in need of broadband Internet access service; and
(vi) recommend specific steps that the Commission should consider to ensure that the expertise of the Secretary and available farm data are reflected in future programs of the Commission dedicated to the infrastructure deployment of broadband Internet access service and to direct available funding to unserved agricultural land where needed.
(B) NO DUPLICATE DATA REPORTING.—In performing the duties of the Commission under subparagraph (A), the Commission shall ensure that no provider of broadband Internet access service is required to report data to the Commission that is, on the day before the date of enactment of this Act, required to be reported by the provider of broadband Internet access service.
(C) HOLD HARMLESS.—The Task Force and the Commission shall not interpret the phrase “future programs of the Commission”, as used in clauses (v) and (vi) of subparagraph (A), to include the universal service programs of the Commission established under section 254 of the Communications Act of 1934 (47 U.S.C. 254).
(D) CONSULTATION.—The Secretary, or a designee of the Secretary, shall explain and make available to the Task Force the expertise, data mapping information, and resources of the Department that the Department uses to identify cropland, ranchland, and other areas with agricultural operations that may be helpful in developing the recommendations required under subparagraph (A).
(E) LIST OF AVAILABLE FEDERAL PROGRAMS AND RESOURCES.—Not later than 180 days after the date of enactment of this Act, the Secretary and the Commission shall jointly submit to the Task Force a list of all Federal programs or resources available for the expansion of broadband Internet access service on unserved agricultural land to assist the Task Force in carrying out the duties of the Task Force.
(4) MEMBERSHIP.—
(A) IN GENERAL.—The Task Force shall be—
(i) composed of not more than 15 voting members who shall—
(II) include—
(aa) agricultural producers representing diverse geographic regions and farm sizes, including owners and operators of farms of less than 100 acres;
(cc) Internet service providers, including regional or rural fixed and mobile broadband Internet access service providers and telecommunications infrastructure providers;
(5) REPORTS.—Not later than 1 year after the date on which the Commission establishes the Task Force, and annually thereafter, the Task Force shall submit to the Chairman of the Commission a report, which shall be made public not later than 30 days after the date on which the Chairman receives the report, that details—
SEC. 12517. Improved soil moisture and precipitation monitoring.
(a) Improved soil moisture monitoring.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall develop and implement a strategy to improve the accuracy of the United States Drought Monitor through increased geographic resolution of rural in-situ soil moisture profile observation or other soil moisture profile measuring devices, as the Secretary considers appropriate.
(2) IMPLEMENTATION.—
(A) IN GENERAL.—In implementing the strategy required by paragraph (1), the Secretary shall prioritize adding soil moisture profile stations in States described in subparagraph (B) so that the number of drought monitoring stations is increased to an average of 1 soil moisture profile station per 1,250 square miles in each State described in subparagraph (B) or by 50 stations in each State described in subparagraph (B), whichever is less.
(B) STATES DESCRIBED.—A State described in this paragraph is a State that has experienced D3 (extreme drought) or D4 (exceptional drought) (as defined by the United States Drought Monitor) within any 6 months during the period beginning on January 1, 2016, and ending on the date of the enactment of this Act.
(3) COORDINATION.—In carrying out this subsection, the Secretary may coordinate with other Federal agencies, State and local governments, and non-Federal entities that collaborate with the United States Drought Monitor.
(b) Standards for integrating citizen science into drought models.—
(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall—
(A) develop a set of standards for integration of data derived from citizen science (as defined in the Crowdsourcing and Citizen Science Act (15 U.S.C. 3724)) into the United States Drought Monitor models, including data relating to—
(c) Requirement for elements of Department of Agriculture to use the same monitoring data.—
(1) IN GENERAL.—To be consistent with assistance provided under the livestock forage disaster program established under section 1501(c) of the Agricultural Act of 2014 (7 U.S.C. 9081(c)) and a policy or plan of insurance established under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for producers of livestock commodities the source of feedstock of which is pasture, rangeland, and forage, and the annual establishment of grazing rates, as applicable, on Forest Service grasslands and other applicable land, the Secretary shall use the United States Drought Monitor, in-situ soil moisture profile monitoring stations described in subsection (a), data from the Cooperative Observer Program described in subsection (b)(2), and any other applicable data to determine and establish grazing loss assistance and grazing rates, as applicable.
SEC. 12518. Study of marketplace fraud of unique traditional foods.
(a) In general.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on—
(1) the market impact of traditional foods, Tribally produced products, and products that use traditional foods;
SEC. 12601. Expedited exportation of certain species.
(a) In general.—Not later than 180 days after the date of enactment of this Act, the Director of the United States Fish and Wildlife Service (referred to in this section as the “Director”) shall issue a proposed rule to amend section 14.92 of title 50, Code of Federal Regulations, to establish expedited procedures relating to the export permission requirements of section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)) for fish or wildlife described in subsection (c).
(b) Exemptions.—
(1) IN GENERAL.—As part of the rulemaking under subsection (a), subject to paragraph (2), the Director may provide an exemption from the requirement to procure—
(A) permission under section 9(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
SEC. 12602. Baiting of migratory game birds.
(a) Definitions.—In this section:
(1) NORMAL AGRICULTURAL OPERATION.—The term “normal agricultural operation” has the meaning given the term in section 20.11 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act).
(2) POST-DISASTER FLOODING.—The term “post-disaster flooding” means the destruction of a crop through flooding in accordance with practices required by the Federal Crop Insurance Corporation for agricultural producers to obtain crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on land on which a crop was not harvestable due to a natural disaster (including any hurricane, storm, tornado, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, drought, fire, snowstorm, or other catastrophe that is declared a major disaster by the President in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)) in the crop year—
(b) Regulations to exclude rice ratooning and post-disaster flooding.—Not later than 30 days after the date of enactment of this Act, the Secretary of the Interior, in consultation with the Secretary of Agriculture, shall revise part 20 of title 50, Code of Federal Regulations, to clarify that rice ratooning and post-disaster flooding, when carried out as part of a normal agricultural operation, do not constitute baiting.
(c) Reports.—Not less frequently than once each year, the Secretary of Agriculture shall—
(1) submit to the Secretary of the Interior a report that describes any changes to normal agricultural operations across the range of crops grown by agricultural producers in each region of the United States in which the official recommendations described in section 20.11(h) of title 50, Code of Federal Regulations (as in effect on the date of enactment of this Act), are provided to agricultural producers; and
(2) in consultation with the Secretary of the Interior and after seeking input from the heads of State departments of fish and wildlife or the Regional Migratory Bird Flyway Councils of the United States Fish and Wildlife Service, publicly post a report on the impact that rice ratooning and post-disaster flooding have on the behavior of migratory game birds that are hunted in the area in which rice ratooning and post-disaster flooding, respectively, have occurred.
SEC. 12603. Pima agriculture cotton trust fund.
Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101 note; Public Law 113–79) is amended—
(3) in subsection (b)(2)—
(B) in the matter preceding clause (i) (as so redesignated), by striking “(2) Twenty-five” and inserting the following:
(C) in subparagraph (A)(ii) (as so designated), by striking “subparagraph (A)” and inserting “clause (i)”; and
SEC. 12604. Agriculture wool apparel manufacturers trust fund.
Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101 note; Public Law 113–79) is amended—
SEC. 12605. Wool research and promotion.
Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C. 7101 note; Public Law 113–79) is amended by striking “2015 through 2019” and inserting “2019 through 2023”.
SEC. 12606. Emergency Citrus Disease Research and Development Trust Fund.
(a) Definition of citrus.—In this section, the term “citrus” means edible fruit of the family Rutaceae, including any hybrid of that fruit and any product of that hybrid that is produced for commercial purposes in the United States.
(b) Establishment of trust fund.—There is established in the Treasury of the United States a trust fund, to be known as the “Emergency Citrus Disease Research and Development Trust Fund” (referred to in this section as the “Citrus Trust Fund”), consisting of such amounts as shall be transferred to the Citrus Trust Fund pursuant to subsection (d).
(c) Distribution of funds.—
(1) IN GENERAL.—From amounts in the Citrus Trust Fund, the Secretary shall make payments annually beginning in fiscal year 2019 to—
(A) entities engaged in scientific research and extension activities, technical assistance, or development activities to combat domestic or invasive citrus diseases and pests that pose imminent harm to the United States citrus production and threaten the future viability of the citrus industry, including huanglongbing and the Asian Citrus Psyllid; and
(2) PRIORITY.—In making payments under paragraph (1), the Secretary shall give priority to entities that use the payments to address the research and extension priorities established pursuant to section 1408A(g)(4) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(g)(4)).
SEC. 12607. Extension of merchandise processing fees.
Section 503 of the United States–Korea Free Trade Agreement Implementation Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended by striking “February 24, 2027” and inserting “May 26, 2027”.
SEC. 12608. Conforming changes to Controlled Substances Act.
(a) In general.—Section 102(16) of the Controlled Substances Act (21 U.S.C. 802(16)) is amended—
(b) Tetrahydrocannabinol.—Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended in subsection (c)(17) by inserting after “Tetrahydrocannabinols” the following: “, except for tetrahydrocannabinols in hemp (as defined under section 297A of the Agricultural Marketing Act of 1946)”.
Calendar No. 470 | |||||
| |||||
A BILL | |||||
To provide for the reform and continuation of agricultural and other programs of the Department of
Agriculture through fiscal year 2023, and for other purposes. | |||||
June 18, 2018 | |||||
Reported with an amendment |