[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Enrolled Bill (ENR)]
H.R.2
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To provide for the reform and continuation of agricultural and other
programs of the Department of Agriculture through fiscal year 2023, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agriculture
Improvement Act of 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
Sec. 1101. Definition of effective reference price.
Sec. 1102. Base acres.
Sec. 1103. Payment yields.
Sec. 1104. Payment acres.
Sec. 1105. Producer election.
Sec. 1106. Price loss coverage.
Sec. 1107. Agriculture risk coverage.
Sec. 1108. Repeal of transition assistance for producers of upland
cotton.
Subtitle B--Marketing Loans
Sec. 1201. Extensions.
Sec. 1202. Loan rates for nonrecourse marketing assistance loans.
Sec. 1203. Economic adjustment assistance for textile mills.
Sec. 1204. Special competitive provisions for extra long staple cotton.
Sec. 1205. Availability of recourse loans.
Subtitle C--Sugar
Sec. 1301. Sugar policy.
Subtitle D--Dairy Margin Coverage and Other Dairy Related Provisions
Sec. 1401. Dairy margin coverage.
Sec. 1402. Reauthorizations.
Sec. 1403. Class I skim milk price.
Sec. 1404. Dairy product donation.
Subtitle E--Supplemental Agricultural Disaster Assistance
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Noninsured Crop Assistance
Sec. 1601. Noninsured crop assistance program.
Subtitle G--Administration
Sec. 1701. Regulations.
Sec. 1702. Suspension of permanent price support authority.
Sec. 1703. Payment limitations.
Sec. 1704. Adjusted gross income limitations.
Sec. 1705. Farm Service Agency accountability.
Sec. 1706. Implementation.
Sec. 1707. Exemption from certain reporting requirements for certain
producers.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
Sec. 2101. Wetland conversion.
Sec. 2102. Wetland conservation.
Sec. 2103. Mitigation banking.
Subtitle B--Conservation Reserve Program
Sec. 2201. Conservation reserve.
Sec. 2202. Conservation reserve enhancement program.
Sec. 2203. Farmable wetland program.
Sec. 2204. Pilot programs.
Sec. 2205. Duties of owners and operators.
Sec. 2206. Duties of the Secretary.
Sec. 2207. Payments.
Sec. 2208. Contracts.
Sec. 2209. Eligible land; State law requirements.
Subtitle C--Environmental Quality Incentives Program and Conservation
Stewardship Program
Sec. 2301. Repeal of conservation programs.
Sec. 2302. Purposes of environmental quality incentives program.
Sec. 2303. Definitions under environmental quality incentives program.
Sec. 2304. Establishment and administration of environmental quality
incentives program.
Sec. 2305. Environmental quality incentives program plan.
Sec. 2306. Limitation on payments under environmental quality incentives
program.
Sec. 2307. Conservation innovation grants and payments.
Sec. 2308. Conservation stewardship program.
Sec. 2309. Grassland conservation initiative.
Subtitle D--Other Conservation Programs
Sec. 2401. Watershed protection and flood prevention.
Sec. 2402. Soil and water resources conservation.
Sec. 2403. Emergency conservation program.
Sec. 2404. Conservation of private grazing land.
Sec. 2405. Grassroots source water protection program.
Sec. 2406. Voluntary public access and habitat incentive program.
Sec. 2407. Wildlife management.
Sec. 2408. Feral swine eradication and control pilot program.
Sec. 2409. Report on small wetlands.
Sec. 2410. Sense of Congress relating to increased watershed-based
collaboration.
Subtitle E--Funding and Administration
Sec. 2501. Commodity Credit Corporation.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Temporary administration of conservation programs.
Subtitle F--Agricultural Conservation Easement Program
Sec. 2601. Establishment and purposes.
Sec. 2602. Definitions.
Sec. 2603. Agricultural land easements.
Sec. 2604. Wetland reserve easements.
Sec. 2605. Administration.
Subtitle G--Regional Conservation Partnership Program
Sec. 2701. Establishment and purposes.
Sec. 2702. Definitions.
Sec. 2703. Regional conservation partnerships.
Sec. 2704. Assistance to producers.
Sec. 2705. Funding.
Sec. 2706. Administration.
Sec. 2707. Critical conservation areas.
Subtitle H--Repeals and Technical Amendments
PART I--Repeals
Sec. 2811. Repeal of Conservation Corridor Demonstration Program.
Sec. 2812. Repeal of cranberry acreage reserve program.
Sec. 2813. Repeal of National Natural Resources Foundation.
Sec. 2814. Repeal of flood risk reduction.
Sec. 2815. Repeal of study of land use for expiring contracts and
extension of authority.
Sec. 2816. Repeal of Integrated Farm Management Program Option.
Sec. 2817. Repeal of clarification of definition of agricultural lands.
PART II--Technical Amendments
Sec. 2821. Technical amendments.
Sec. 2822. State technical committees.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3101. Labeling requirements.
Sec. 3102. Food aid quality assurance.
Sec. 3103. Local sale and barter of commodities.
Sec. 3104. Minimum levels of assistance.
Sec. 3105. Food aid consultative group.
Sec. 3106. Issuance of regulations.
Sec. 3107. Oversight, monitoring, and evaluation.
Sec. 3108. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged foods.
Sec. 3109. Consideration of impact of provision of agricultural
commodities and other assistance on local farmers and economy.
Sec. 3110. Allowance for distribution costs.
Sec. 3111. Prepositioning of agricultural commodities.
Sec. 3112. Annual report regarding food aid programs and activities.
Sec. 3113. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3114. Minimum level of nonemergency food assistance.
Sec. 3115. Termination date for micronutrient fortification programs.
Sec. 3116. John Ogonowski and Doug Bereuter Farmer-to-Farmer program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3201. Agricultural trade promotion and facilitation.
Subtitle C--Other Agricultural Trade Laws
Sec. 3301. Growing American Food Exports.
Sec. 3302. Food for Progress Act of 1985.
Sec. 3303. Bill Emerson Humanitarian Trust Act.
Sec. 3304. Promotion of agricultural exports to emerging markets.
Sec. 3305. Cochran fellowship program.
Sec. 3306. Borlaug International Agricultural Science and Technology
Fellowship program.
Sec. 3307. International Agricultural Education Fellowship program.
Sec. 3308. International food security technical assistance.
Sec. 3309. McGovern-Dole International Food for Education and Child
Nutrition program.
Sec. 3310. Global Crop Diversity Trust.
Sec. 3311. Local and regional food aid procurement projects.
Sec. 3312. Foreign trade missions.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4001. Requirements for online acceptance of benefits.
Sec. 4002. Re-evaluation of thrifty food plan.
Sec. 4003. Food distribution program on Indian reservations.
Sec. 4004. Simplified homeless housing costs.
Sec. 4005. Employment and training for supplemental nutrition assistance
program.
Sec. 4006. Improvements to electronic benefit transfer system.
Sec. 4007. Review of supplemental nutrition assistance program
operations.
Sec. 4008. Retail incentives.
Sec. 4009. Required action on data match information.
Sec. 4010. Incentivizing technology modernization.
Sec. 4011. Interstate data matching to prevent multiple issuances.
Sec. 4012. Requirement of live-production environments for certain pilot
projects relating to cost sharing for computerization.
Sec. 4013. Quality control improvements.
Sec. 4014. Evaluation of child support enforcement cooperation
requirements.
Sec. 4015. Longitudinal data for research.
Sec. 4016. Authorization of appropriations.
Sec. 4017. Assistance for community food projects.
Sec. 4018. Emergency food assistance program.
Sec. 4019. Nutrition education.
Sec. 4020. Retail food store and recipient trafficking.
Sec. 4021. Public-private partnerships.
Sec. 4022. Technical corrections.
Subtitle B--Commodity Distribution Programs
Sec. 4101. Commodity distribution program.
Sec. 4102. Commodity supplemental food program.
Sec. 4103. Distribution of surplus commodities to special nutrition
projects.
Sec. 4104. Food donation standards.
Subtitle C--Miscellaneous
Sec. 4201. Seniors farmers' market nutrition program.
Sec. 4202. Purchase of fresh fruits and vegetables for distribution to
schools and service institutions.
Sec. 4203. Service of traditional foods in public facilities.
Sec. 4204. Healthy food financing initiative.
Sec. 4205. The Gus Schumacher nutrition incentive program.
Sec. 4206. Micro-grants for food security.
Sec. 4207. Buy American requirements.
Sec. 4208. Healthy fluid milk incentives projects.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience eligibility requirement
for farm ownership loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Limitations on amount of farm ownership loans.
Sec. 5104. Relending program to resolve ownership and succession on
farmland.
Subtitle B--Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Microloans.
Sec. 5203. 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. Use of additional funds for direct operating microloans under
certain conditions.
Sec. 5305. Equitable relief.
Sec. 5306. Socially disadvantaged farmers and ranchers; qualified
beginning farmers and ranchers.
Sec. 5307. Emergency loan eligibility.
Subtitle D--Miscellaneous
Sec. 5401. Technical corrections to the Consolidated Farm and Rural
Development Act.
Sec. 5402. State agricultural mediation programs.
Sec. 5403. Compensation of bank directors.
Sec. 5404. Sharing of privileged and confidential information.
Sec. 5405. Facility headquarters.
Sec. 5406. Removal and prohibition authority; industry-wide prohibition.
Sec. 5407. Jurisdiction over institution-affiliated parties.
Sec. 5408. Definition of institution-affiliated party.
Sec. 5409. Prohibition on use of funds.
Sec. 5410. Expansion of acreage exception to loan amount limitation.
Sec. 5411. Repeal of obsolete provisions; technical corrections.
Sec. 5412. Corporation as conservator or receiver; certain other powers.
Sec. 5413. Reporting.
Sec. 5414. Study on loan risk.
Sec. 5415. GAO report on ability of the Farm Credit System to meet the
agricultural credit needs of Indian tribes and their members.
Sec. 5416. GAO report on credit service to socially disadvantaged
farmers and ranchers.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural America
Sec. 6101. Combating substance use disorder in rural America;
prioritizations.
Sec. 6102. Distance learning and telemedicine.
Sec. 6103. Refinancing of certain rural hospital debt.
Subtitle B--Connecting Rural Americans to High Speed Broadband
Sec. 6201. Access to broadband telecommunications services in rural
areas.
Sec. 6202. Expansion of middle mile infrastructure into rural areas.
Sec. 6203. Modifications to the Rural Gigabit Program.
Sec. 6204. Community Connect Grant Program.
Sec. 6205. Outdated broadband systems.
Sec. 6206. Default and deobligation; deferral.
Sec. 6207. Public notice, assessments, and reporting requirements.
Sec. 6208. Environmental reviews.
Sec. 6209. Use of loan proceeds to refinance loans for deployment of
broadband service.
Sec. 6210. Smart utility authority for broadband.
Sec. 6211. Refinancing of telephone loans.
Sec. 6212. Federal broadband program coordination.
Sec. 6213. Transition rule.
Sec. 6214. Rural broadband integration working group.
Subtitle C--Miscellaneous
Sec. 6301. Exclusion of certain populations from definition of rural
area.
Sec. 6302. Establishment of technical assistance program.
Sec. 6303. Rural energy savings program.
Sec. 6304. Northern Border Regional Commission reauthorization.
Sec. 6305. Definition of rural area for purposes of the Housing Act of
1949.
Sec. 6306. Council on Rural Community Innovation and Economic
Development.
Subtitle D--Additional Amendments to the Consolidated Farm and Rural
Development Act
Sec. 6401. Strategic economic and community development.
Sec. 6402. Expanding access to credit for rural communities.
Sec. 6403. Water, waste disposal, and wastewater facility grants.
Sec. 6404. Rural water and wastewater technical assistance and training
programs.
Sec. 6405. Rural water and wastewater circuit rider program.
Sec. 6406. Tribal college and university essential community facilities.
Sec. 6407. Emergency and imminent community water assistance grant
program.
Sec. 6408. Water systems for rural and native villages in Alaska.
Sec. 6409. Rural decentralized water systems.
Sec. 6410. Solid waste management grants.
Sec. 6411. Rural business development grants.
Sec. 6412. Rural cooperative development grants.
Sec. 6413. Locally or regionally produced agricultural food products.
Sec. 6414. Appropriate technology transfer for rural areas program.
Sec. 6415. Rural economic area partnership zones.
Sec. 6416. Intemediary relending program.
Sec. 6417. Access to information to verify income for participants in
certain rural housing programs.
Sec. 6418. Providing for additional fees for guaranteed loans under the
Consolidated Farm and Rural Development Act.
Sec. 6419. Rural Business-Cooperative Service programs technical
assistance and training.
Sec. 6420. National Rural Development Partnership.
Sec. 6421. Grants for NOAA weather radio transmitters.
Sec. 6422. Rural microentrepreneur assistance program.
Sec. 6423. Health care services.
Sec. 6424. Rural innovation stronger economy grant program.
Sec. 6425. Delta Regional Authority.
Sec. 6426. Rural business investment program.
Sec. 6427. Rural business investment program.
Subtitle E--Additional Amendments to the Rural Electrification Act of
1936
Sec. 6501. Amendments to section 2 of the Rural Electrification Act of
1936.
Sec. 6502. Loans for telephone service.
Sec. 6503. Cushion of credit payments program.
Sec. 6504. Extension of the rural economic development loan and grant
program.
Sec. 6505. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6506. Expansion of 911 access.
Sec. 6507. Cybersecurity and grid security improvements.
Subtitle F--Program Repeals
Sec. 6601. Elimination of unfunded programs.
Sec. 6602. Repeal of Rural Telephone Bank.
Sec. 6603. Amendments to LOCAL TV Act.
Subtitle G--Technical Corrections
Sec. 6701. Corrections relating to the Consolidated Farm and Rural
Development Act.
Sec. 6702. Corrections relating to the Rural Electrification Act of
1936.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Purposes of agricultural research, extension, and education.
Sec. 7102. Matters related to certain school designations and
declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7104. Specialty crop committee.
Sec. 7105. Renewable energy committee discontinued.
Sec. 7106. Veterinary services grant program.
Sec. 7107. Grants and fellowships for food and agriculture sciences
education.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7110. Next generation agriculture technology challenge.
Sec. 7111. Land-grant designation.
Sec. 7112. Nutrition education program.
Sec. 7113. Continuing animal health and disease research programs.
Sec. 7114. Carryover of funds for extension at 1890 land-grant colleges,
including Tuskegee University.
Sec. 7115. Extension and agricultural research at 1890 land-grant
colleges, including Tuskegee University.
Sec. 7116. Reports on disbursement of funds for agricultural research
and extension at 1862 and 1890 land-grant colleges, including
Tuskegee University.
Sec. 7117. Scholarships for students at 1890 institutions.
Sec. 7118. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee University.
Sec. 7119. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant institutions.
Sec. 7120. New Beginning for Tribal Students.
Sec. 7121. Hispanic-serving institutions.
Sec. 7122. Binational agricultural research and development.
Sec. 7123. Partnerships to build capacity in international agricultural
research, extension, and teaching.
Sec. 7124. Competitive grants for international agricultural science and
education programs.
Sec. 7125. Limitation on indirect costs for agricultural research,
education, and extension programs.
Sec. 7126. Research equipment grants.
Sec. 7127. University research.
Sec. 7128. Extension service.
Sec. 7129. Supplemental and alternative crops; hemp.
Sec. 7130. New Era Rural Technology program.
Sec. 7131. Capacity building grants for NLGCA Institutions.
Sec. 7132. Agriculture advanced research and development authority
pilot.
Sec. 7133. Aquaculture assistance programs.
Sec. 7134. Rangeland research programs.
Sec. 7135. Special authorization for biosecurity planning and response.
Sec. 7136. Distance education and resident instruction grants program
for insular area institutions of higher education.
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. Clarification of veteran eligibility for 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--Food, Conservation, and Energy Act of 2008
PART I--Agricultural Security
Sec. 7401. Agricultural biosecurity communication center.
Sec. 7402. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7403. Research and development of agricultural countermeasures.
Sec. 7404. Agricultural biosecurity grant program.
PART II--Miscellaneous
Sec. 7411. Grazinglands research laboratory.
Sec. 7412. Farm and Ranch Stress Assistance Network.
Sec. 7413. Natural products research program.
Sec. 7414. Sun grant program.
Subtitle E--Amendments to Other Laws
Sec. 7501. Critical Agricultural Materials Act.
Sec. 7502. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7503. Research Facilities Act.
Sec. 7504. Agriculture and Food Research Initiative.
Sec. 7505. Extension design and demonstration initiative.
Sec. 7506. Repeal of review of agricultural research service.
Sec. 7507. Biomass research and development.
Sec. 7508. Reinstatement of matching requirement for Federal funds used
in extension work at the University of the District of
Columbia.
Sec. 7509. Renewable Resources Extension Act of 1978.
Sec. 7510. National Aquaculture Act of 1980.
Sec. 7511. Federal agriculture research facilities.
Subtitle F--Other Matters
Sec. 7601. Enhanced use lease authority program.
Sec. 7602. Transfer of administrative jurisdiction over portion of Henry
A. Wallace Beltsville Agricultural Research Center,
Beltsville, Maryland.
Sec. 7603. Foundation for food and agriculture research.
Sec. 7604. Assistance for forestry research under the McIntire-Stennis
Cooperative Forestry Act.
Sec. 7605. Legitimacy of industrial hemp research.
Sec. 7606. Collection of data relating to barley area planted and
harvested.
Sec. 7607. Collection of data relating to the size and location of dairy
farms.
Sec. 7608. Agriculture innovation center demonstration program.
Sec. 7609. Smith-Lever community extension program.
Sec. 7610. Mechanization and automation for specialty crops.
Sec. 7611. Experienced services program.
Sec. 7612. Simplified plan of work.
Sec. 7613. Review of land-grant time and effort reporting requirements.
Sec. 7614. Matching funds requirement.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 8101. Support for State assessments and strategies for forest
resources.
Sec. 8102. 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 relating to biomass.
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 Restoration Act of 2003 amendments.
Sec. 8408. Authorization of appropriations for designation of treatment
areas.
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. Definition of National Forest System.
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. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8626. Tennessee wilderness.
Sec. 8627. Kisatchie National Forest land conveyance.
Sec. 8628. Purchase of Natural Resources Conservation Service property,
Riverside County, California.
Sec. 8629. Collaborative Forest Landscape Restoration Program.
Sec. 8630. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8631. Okhissa Lake rural economic development land conveyance.
Sec. 8632. Remote sensing technologies.
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.
Sec. 8644. Community wood energy and wood innovation program.
Subtitle G--Other Matters
Sec. 8701. Rural revitalization technologies.
Sec. 8702. Resource Advisory Committees.
Sec. 8703. Tribal forest management demonstration project.
Sec. 8704. Technical corrections.
Sec. 8705. Streamlining the Forest Service process for consideration of
communications facility location applications.
Sec. 8706. Report on wildfire, insect infestation, and disease
prevention on Federal land.
Sec. 8707. West Fork Fire Station.
Sec. 8708. Competitive forestry, natural resources, and environmental
grants program.
TITLE IX--ENERGY
Sec. 9001. Definitions.
Sec. 9002. Biobased markets program.
Sec. 9003. Biorefinery assistance.
Sec. 9004. Repowering assistance program.
Sec. 9005. Bioenergy program for advanced biofuels.
Sec. 9006. Biodiesel fuel education program.
Sec. 9007. Rural Energy for America Program.
Sec. 9008. Rural Energy Self-Sufficiency Initiative.
Sec. 9009. Feedstock flexibility.
Sec. 9010. Biomass Crop Assistance Program.
Sec. 9011. Carbon utilization and biogas 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. Amendments to the Plant Variety Protection Act.
Sec. 10109. Multiple crop and pesticide use survey.
Sec. 10110. Report on the arrival in the United States of forest pests
through restrictions on the importation of certain plants for
planting.
Sec. 10111. Report on plant biostimulants.
Sec. 10112. Clarification of use of funds for technical assistance.
Sec. 10113. Hemp production.
Sec. 10114. Interstate commerce.
Sec. 10115. FIFRA interagency working group.
Sec. 10116. Study on methyl bromide use in response to an emergency
event.
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. Treatment of forage and grazing.
Sec. 11110. Administrative basic fee.
Sec. 11111. Enterprise units.
Sec. 11112. Continued authority.
Sec. 11113. Submission of policies and materials to board.
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. Continuing education for loss adjusters and agents.
Sec. 11118. Program administration.
Sec. 11119. Agricultural commodity.
Sec. 11120. Maintenance of policies.
Sec. 11121. Reimbursement of research, development, and maintenance
costs.
Sec. 11122. Research and development authority.
Sec. 11123. Funding for research and development.
Sec. 11124. Technical amendment to pilot programs.
Sec. 11125. Education and risk management assistance.
Sec. 11126. Repeal of cropland report annual updates.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. Animal disease prevention and management.
Sec. 12102. Sheep production and marketing grant program.
Sec. 12103. Feasibility study on livestock dealer statutory trust.
Sec. 12104. Definition of livestock.
Sec. 12105. National Aquatic Animal Health Plan.
Sec. 12106. Veterinary training.
Sec. 12107. Report on FSIS guidance and outreach to small meat
processors.
Sec. 12108. Regional Cattle and Carcass Grading Correlation and Training
Centers.
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. Tribal Advisory Committee.
Sec. 12304. Beginning farmer and rancher coordination.
Sec. 12305. Agricultural youth organization coordinator.
Sec. 12306. 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. Office of Partnerships and Public Engagement.
Sec. 12407. Under Secretary of Agriculture for Rural Development.
Sec. 12408. Administrator of the Rural Utilities Service.
Sec. 12409. Rural Health Liaison.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Appointment of national appeals division hearing officers.
Sec. 12413. Trade and foreign agricultural affairs.
Sec. 12414. Repeals.
Sec. 12415. Technical corrections.
Sec. 12416. Termination of authority.
Subtitle E--Other Miscellaneous Provisions
PART I--Miscellaneous Agriculture Provisions
Sec. 12501. Acer access and development program.
Sec. 12502. Protecting animals with shelter.
Sec. 12503. Marketing orders.
Sec. 12504. Establishment of food loss and waste reduction liaison.
Sec. 12505. Report on business centers.
Sec. 12506. Report on personnel.
Sec. 12507. Report on absent landlords.
Sec. 12508. Century farms program.
Sec. 12509. Report on importation of live dogs.
Sec. 12510. Tribal Promise Zones.
Sec. 12511. Precision agriculture connectivity.
Sec. 12512. Improvements to United States Drought Monitor.
Sec. 12513. Dairy business innovation initiatives.
Sec. 12514. Report on funding for the National Institute of Food and
Agriculture and other extension programs.
Sec. 12515. Prohibition on slaughter of dogs and cats for human
consumption.
Sec. 12516. Labeling exemption for single ingredient foods and products.
Sec. 12517. South Carolina inclusion in Virginia/Carolina peanut
producing region.
Sec. 12518. Forest Service hire authority.
Sec. 12519. Conversion authority.
Sec. 12520. Authorization of protection operations for the Secretary of
Agriculture and others.
PART II--National Oilheat Research Alliance
Sec. 12531. National oilheat research alliance.
Subtitle F--General Provisions
Sec. 12601. Baiting of migratory game birds.
Sec. 12602. Pima agriculture cotton trust fund.
Sec. 12603. Agriculture wool apparel manufacturers trust fund.
Sec. 12604. Wool research and promotion.
Sec. 12605. Emergency Citrus Disease Research and Development Trust
Fund.
Sec. 12606. Extension of merchandise processing fees.
Sec. 12607. Reports on land access and farmland ownership data
collection.
Sec. 12608. Reauthorization of rural emergency medical services training
and equipment assistance program.
Sec. 12609. Commission on Farm Transitions--Needs for 2050.
Sec. 12610. Exceptions under United States Grain Standards Act.
Sec. 12611. Conference report requirement threshold.
Sec. 12612. National agriculture imagery program.
Sec. 12613. Report on inclusion of natural stone products in Commodity
Promotion, Research, and Information Act of 1996.
Sec. 12614. Establishment of food access liaison.
Sec. 12615. Eligibility for operators on heirs property land to obtain a
farm number.
Sec. 12616. Extending prohibition on animal fighting to the territories.
Sec. 12617. Exemption of exportation of certain echinoderms from
permission and licensing requirements.
Sec. 12618. Data on conservation practices.
Sec. 12619. Conforming changes to Controlled Substances Act.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
SEC. 1101. DEFINITION OF EFFECTIVE REFERENCE PRICE.
Section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011) is
amended--
(1) by redesignating paragraphs (8) through (25) as paragraphs
(9) through (26), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) Effective reference price.--The term `effective reference
price', with respect to a covered commodity for a crop year, means
the lesser of the following:
``(A) An amount equal to 115 percent of the reference price
for such covered commodity.
``(B) An amount equal to the greater of--
``(i) the reference price for such covered commodity;
or
``(ii) 85 percent of the average of the marketing year
average price of the covered commodity for the most recent
5 crop years, excluding each of the crop years with the
highest and lowest marketing year average price.''.
SEC. 1102. BASE ACRES.
(a) Technical Corrections.--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) Reduction in Base Acres.--Section 1112(d) of the Agricultural
Act of 2014 (7 U.S.C. 9012(d)) is amended by adding at the end the
following:
``(3) Treatment of base acres on farms entirely planted to
grass or pasture.--
``(A) In general.--In the case of a farm on which all of
the cropland was planted to grass or pasture (including
cropland that was idle or fallow), as determined by the
Secretary, during the period beginning on January 1, 2009, and
ending on December 31, 2017, the Secretary shall maintain all
base acres and payment yields for the covered commodities on
the farm, except that no payment shall be made with respect to
those base acres under section 1116 or 1117 for the 2019
through 2023 crop years.
``(B) Ineligibility.--The producers on a farm for which all
of the base acres are maintained under subparagraph (A) shall
be ineligible for the option to change the election applicable
to the producers on the farm under section 1115(h).
``(4) Prohibition on reconstitution of farm.--The Secretary
shall ensure that producers on a farm do not reconstitute the farm
to void or change the treatment of base acres under this
section.''.
SEC. 1103. PAYMENT YIELDS.
(a) Treatment of Designated Oilseeds.--Section 1113(b) of the
Agricultural Act of 2014 (7 U.S.C. 9013(b)) is amended--
(1) in paragraph (1), by striking ``designated oilseeds'' and
inserting ``oilseeds designated before the date of enactment of the
Agriculture Improvement Act of 2018'';
(2) in paragraphs (2) and (3), by striking ``a designated
oilseed'' each place it appears and inserting ``an oilseed
designated before the date of enactment of the Agriculture
Improvement Act of 2018''; and
(3) by adding at the end the following:
``(4) Treatment of oilseeds designated after certain date.--In
the case of oilseeds designated on or after the date of enactment
of the Agriculture Improvement Act of 2018, the payment yield shall
be equal to 90 percent of the average of the yield per planted acre
for the most recent 5 crop years, as determined by the Secretary,
excluding any crop year in which the acreage planted to the covered
commodity was zero.''.
(b) Single Opportunity to Update Yields.--Section 1113 of the
Agricultural Act of 2014 (7 U.S.C. 9013) is amended by striking
subsection (d) and inserting the following:
``(d) Single Opportunity to Update Yields.--
``(1) Election to update.--At the sole discretion of the owner
of a farm, the owner of a farm shall have a 1-time opportunity to
update, on a covered-commodity-by-covered-commodity basis, the
payment yield that would otherwise be used in calculating any price
loss coverage payment for each covered commodity on the farm for
which the election is made.
``(2) Method of updating yields for covered commodities.--If
the owner of a farm elects to update yields under paragraph (1),
the payment yield for a covered commodity on the farm, for the
purpose of calculating price loss coverage payments only, shall be
equal to the product obtained by multiplying--
``(A) 90 percent;
``(B) the average of the yield per planted acre for the
crop of covered commodities on the farm for the 2013 through
2017 crop years, as determined by the Secretary, excluding any
crop year in which the acreage planted to the covered commodity
was zero; and
``(C) subject to paragraph (3), the ratio obtained by
dividing--
``(i) the average of the 2008 through 2012 national
average yield per planted acre for the covered commodity,
as determined by the Secretary; by
``(ii) the average of the 2013 through 2017 national
average yield per planted acre for the covered commodity,
as determined by the Secretary.
``(3) Limitation.--In no case shall the ratio obtained under
paragraph (2)(C) be less than 90 percent or greater than 100
percent.
``(4) Use of county average yield.--For the purposes of
determining the average yield per planted acre under paragraph
(2)(B), if the yield per planted acre for a crop of a covered
commodity for a farm for any of the crop years described in that
subparagraph was less than 75 percent of the average of county
yields for those crop years for that commodity, the Secretary shall
assign a yield for that crop year equal to 75 percent of the
average of the 2013 through 2017 county yield for the covered
commodity.
``(5) Upland cotton conversion.--In the case of seed cotton,
for purposes of determining the average of the yield per planted
acre under this subsection, the average yield for seed cotton per
planted acre shall be equal to 2.4 times the average yield for
upland cotton per planted acre.
``(6) Time for election.--An election under this subsection
shall be made at a time and manner so as to be in effect beginning
with the 2020 crop year, as determined by the Secretary.''.
SEC. 1104. PAYMENT ACRES.
Section 1114 of the Agricultural Act of 2014 (7 U.S.C. 9014) is
amended--
(1) in subsection (d)--
(A) in paragraph (1), by inserting ``, unless the sum of
the base acres on the farm, when combined with the base acres
of other farms in which the producer has an interest, is more
than 10 acres'' before the period at the end; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``or'' at the end;
(ii) in subparagraph (B), by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following:
``(C) a beginning farmer or rancher (as defined in
subsection (a) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279)); or
``(D) a veteran farmer or rancher (as defined in subsection
(a) of section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279)).''; and
(2) in subsection (e), by adding at the end the following:
``(5) Effect of reduction.--For each crop year for which
fruits, vegetables (other than mung beans and pulse crops), or wild
rice are planted to base acres on a farm for which a reduction in
payment acres is made under this subsection, the Secretary shall
consider such base acres to be planted, or prevented from being
planted, to a covered commodity for purposes of any adjustment or
reduction of base acres for the farm under section 1112.''.
SEC. 1105. PRODUCER ELECTION.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C. 9015) is
amended--
(1) in subsection (a), in the matter preceding paragraph (1),
by striking ``Except as provided in subsection (g), for the 2014
through 2018 crop years'' and inserting ``For the 2014 through 2018
crop years (except as provided in subsection (g)) and for the 2019
through 2023 crop years (subject to subsection (h))'';
(2) in subsection (b), in the matter preceding paragraph (1),
by striking ``subsection (a), the producers on a farm that elect
under paragraph (2) of such subsection to obtain agriculture risk
coverage under section 1117'' and inserting ``subsection (a) or
(h), as applicable, the producers on a farm that elect to obtain
agriculture risk coverage'';
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting
``or the 2019 crop year, as applicable'' after ``2014 crop
year'';
(B) in paragraph (1), by inserting ``or the 2019 crop year,
as applicable,'' after ``2014 crop year''; and
(C) by striking paragraph (2) and inserting the following:
``(2) subject to subsection (h), the producers on the farm
shall be deemed to have elected, as applicable--
``(A) price loss coverage for all covered commodities on
the farm for the 2015 through 2018 crop years; and
``(B) the same coverage for each covered commodity on the
farm for the 2020 through 2023 crop years as was applicable for
the 2015 through 2018 crop years.'';
(4) in subsection (g)(1), by inserting ``for the 2018 crop
year,'' before ``all of the producers''; and
(5) by adding at the end the following:
``(h) Option to Change Election.--
``(1) In general.--For the 2021 crop year and each crop year
thereafter, all of the producers on a farm may change the election
under subsection (a), subsection (c), or this subsection, as
applicable, to price loss coverage or agriculture risk coverage, as
applicable.
``(2) Applicability.--An election change under paragraph (1)
shall apply to--
``(A) the crop year for which the election change is made;
and
``(B) each crop year thereafter until another election
change is made under that paragraph.''.
SEC. 1106. PRICE LOSS COVERAGE.
Section 1116 of the Agricultural Act of 2014 (7 U.S.C. 9016) is
amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) by inserting ``or (h)'' after ``subsection (a)'';
and
(ii) by striking ``determines that, for any of the 2014
through 2018 crop years--'' and inserting ``determines
that--
``(1) for any of the 2014 through 2018 crop years--'';
(C) in paragraph (1)(B) (as so redesignated), by striking
the period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(2) for any of the 2019 through 2023 crop years--
``(A) the effective price for the covered commodity for the
crop year; is less than
``(B) the effective reference price for the covered
commodity for the crop year.'';
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as clauses (i)
and (ii), respectively, and indenting appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``The payment rate'' and inserting
the following:
``(1) In general.--
``(A) 2014 through 2018 crop years.--For the 2014 through
2018 crop years, the payment rate'';
(C) in paragraph (1) (as so designated), by adding at the
end the following:
``(B) 2019 through 2023 crop years.--For the 2019 through
2023 crop years, the payment rate shall be equal to the
difference between--
``(i) the effective reference price for the covered
commodity; and
``(ii) the effective price determined under subsection
(b) for the covered commodity.''; and
(D) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end of
each applicable 12-month marketing year for each covered commodity,
the Secretary shall publish the payment rate determined under
paragraph (1).
``(3) Insufficient data.--In the case of a covered commodity,
such as temperate japonica rice, for which the Secretary cannot
determine the payment rate for the most recent 12-month marketing
year by the date described in paragraph (2) due to insufficient
reporting of timely pricing data by 1 or more nongovernmental
entities, including a marketing cooperative for the covered
commodity, the Secretary shall publish the payment rate as soon as
practicable after the marketing year data are made available.'';
and
(3) by striking subsection (g) and inserting the following:
``(g) Reference Price for Temperate Japonica Rice.--In order to
reflect price premiums, the Secretary shall provide a reference price
with respect to temperate japonica rice in an amount equal to the
amount established under subparagraph (F) of section 1111(19), as
adjusted by paragraph (8) of such section, multiplied by the ratio
obtained by dividing--
``(1) the simple average of the marketing year average price of
medium grain rice from the 2012 through 2016 crop years; by
``(2) the simple average of the marketing year average price of
all rice from the 2012 through 2016 crop years.''.
SEC. 1107. AGRICULTURE RISK COVERAGE.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) is
amended--
(1) in subsection (a), in the matter preceding paragraph (1)--
(A) by inserting ``(beginning with the 2019 crop year,
based on the physical location of the farm)'' after
``payments''; and
(B) by inserting ``or the 2019 through 2023 crop years, as
applicable'' after ``2014 through 2018 crop years'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``paragraph (4)''
and inserting ``paragraphs (4) and (5)''; and
(ii) in subparagraph (B), by striking ``(5)'' and
inserting ``(6)'';
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by striking ``(5)'' and
inserting ``(6)''; and
(ii) in subparagraph (C), by striking ``2018'' and
inserting ``2023'';
(C) in paragraph (4)--
(i) by striking ``If'' and inserting the following:
``(A) 2014 through 2018 crop years.--Effective for the 2014
through 2018 crop years, if''; and
(ii) by adding at the end the following:
``(B) 2019 through 2023 crop years.--Effective for the 2019
through 2023 crop years, if the yield per planted acre for the
covered commodity or historical county yield per planted acre
for the covered commodity for any of the 5 most recent crop
years, as determined by the Secretary, is less than 80 percent
of the transitional yield, as determined by the Secretary, the
amounts used for any of those years in paragraph (2)(A) or
(3)(A)(i) shall be 80 percent of the transitional yield.'';
(D) by redesignating paragraph (5) as paragraph (6);
(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.''; and
(F) in paragraph (6) (as so redesignated)--
(i) by striking ``Reference price.--If the national
average market price'' and inserting the following: ``Low
national average market price.--
``(A) Reference price.--For the 2014 through 2018 crop
years, if the national average market price''; and
(ii) by adding at the end the following:
``(B) Effective reference price.--For the 2019 through 2023
crop years, if the national average market price received by
producers during the 12-month marketing year for any of the 5
most recent crop years is lower than the effective reference
price for the covered commodity, the Secretary shall use the
effective reference price for any of those years for the
amounts in paragraph (2)(B) or (3)(A)(ii).'';
(3) in subsection (d)--
(A) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The payment'' and inserting the
following:
``(1) In general.--The payment''; and
(D) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end of
each applicable 12-month marketing year for each covered commodity,
the Secretary shall publish the payment rate determined under
paragraph (1) for each county.'';
(4) in subsection (e), in the matter preceding paragraph (1),
by striking ``2018'' and inserting ``2023'';
(5) in subsection (g)--
(A) in paragraph (2), by striking ``to the maximum extent
practicable,'';
(B) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by
inserting ``effective for the 2014 through 2018 crop
years,'' before ``in the case of''; and
(ii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(D) by adding at the end the following:
``(5) effective for the 2019 through 2023 crop years, in the
case of county coverage, assign an actual or benchmark county yield
for each planted acre for the crop year for the covered commodity--
``(A) for a county for which county data collected by the
Risk Management Agency are sufficient for the Secretary to
offer a county-wide insurance product, using the actual average
county yield determined by the Risk Management Agency; or
``(B) for a county not described in subparagraph (A),
using--
``(i) other sources of yield information, as determined
by the Secretary; or
``(ii) the yield history of representative farms in the
State, region, or crop reporting district, as determined by
the Secretary.''; and
(6) by adding at the end the following:
``(h) Publications.--
``(1) County guarantee.--
``(A) In general.--For each crop year for a covered
commodity, the Secretary shall publish information describing,
for that crop year for the covered commodity in each county--
``(i) the agriculture risk coverage guarantee for
county coverage determined under subsection (c)(1);
``(ii) the average historical county yield determined
under subsection (c)(2)(A); and
``(iii) the national average market price determined
under subsection (c)(2)(B).
``(B) Timing.--
``(i) In general.--Except as provided in clauses (ii)
and (iii), not later than 30 days after the end of each
applicable 12-month marketing year, the Secretary shall
publish the information described in subparagraph (A).
``(ii) Insufficient data.--In the case of a covered
commodity, such as temperate japonica rice, for which the
Secretary cannot determine the national average market
price for the most recent 12-month marketing year by the
date described in clause (i) due to insufficient reporting
of timely pricing data by 1 or more nongovernmental
entities, including a marketing cooperative for the covered
commodity, as soon as practicable after the pricing data
are made available, the Secretary shall publish information
describing--
``(I) the agriculture risk coverage guarantee under
subparagraph (A)(i); and
``(II) the national average market price under
subparagraph (A)(iii).
``(iii) Transition.--Not later than 60 days after the
date of enactment of the Agriculture Improvement Act of
2018, the Secretary shall publish the information described
in clauses (i) and (ii) of subparagraph (A) for the 2018
crop year.
``(2) Actual average county yield.--As soon as practicable
after each crop year, the Secretary shall determine and publish
each actual average county yield for each covered commodity, as
determined under subsection (b)(1)(A).
``(3) Data sources for county yields.--For the 2018 crop year
and each crop year thereafter, the Secretary shall make publicly
available information describing, for the most recent crop year--
``(A) the sources of data used to calculate county yields
under subsection (c)(2)(A) for each covered commodity--
``(i) by county; and
``(ii) nationally; and
``(B) the number and outcome of occurrences in which the
Farm Service Agency reviewed, changed, or determined not to
change a source of data used to calculate county yields under
subsection (c)(2)(A).
``(i) Administrative Units.--
``(1) In general.--For purposes of agriculture risk coverage
payments in the case of county coverage, a county may be divided
into not greater than 2 administrative units in accordance with
this subsection.
``(2) Eligible counties.--A county that may be divided into
administrative units under this subsection is a county that--
``(A) is larger than 1,400 square miles; and
``(B) contains more than 190,000 base acres.
``(3) Elections.--Before making any agriculture risk coverage
payments for the 2019 crop year, the Farm Service Agency State
committee, in consultation with the Farm Service Agency county or
area committee of a county described in paragraph (2), may make a
1-time election to divide the county into administrative units
under this subsection along a boundary that better reflects
differences in weather patterns, soil types, or other factors.
``(4) Limitation.--The Secretary shall--
``(A) limit the number of counties that may be divided into
administrative units under paragraph (3) to 25 counties; and
``(B) give preference to the division of counties that have
greater variation in climate, soils, and expected productivity
between the proposed administrative units.
``(5) Administration.--For purposes of providing agriculture
risk coverage payments in the case of county coverage, the
Secretary shall consider an administrative unit elected under
paragraph (3) to be a county for the 2019 through 2023 crop
years.''.
SEC. 1108. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF UPLAND
COTTON.
Section 1119 of the Agricultural Act of 2014 (7 U.S.C. 9019) is
repealed.
Subtitle B--Marketing Loans
SEC. 1201. EXTENSIONS.
(a) In General.--Section 1201(b)(1) of the Agricultural Act of 2014
(7 U.S.C. 9031(b)(1)) is amended by striking ``2018'' and inserting
``2023''.
(b) Repayment.--Section 1204 of the Agricultural Act of 2014 (7
U.S.C. 9034) is amended--
(1) in subsection (e)(2)(B), in the matter preceding clause
(i), by striking ``2019''and inserting ``2024''; and
(2) in subsection (g), by striking ``2018'' and inserting
``2023''.
(c) 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''.
SEC. 1202. LOAN RATES FOR NONRECOURSE MARKETING ASSISTANCE LOANS.
(a) In General.--Section 1202 of the Agricultural Act of 2014 (7
U.S.C. 9032) is amended--
(1) in subsection (a), by striking the subsection heading and
inserting ``2014 through 2018 crop years'';
(2) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) 2019 Through 2023 Crop Years.--For purposes of each of the
2019 through 2023 crop years, the loan rate for a marketing assistance
loan under section 1201 for a loan commodity shall be equal to the
following:
``(1) In the case of wheat, $3.38 per bushel.
``(2) In the case of corn, $2.20 per bushel.
``(3) In the case of grain sorghum, $2.20 per bushel.
``(4) In the case of barley, $2.50 per bushel.
``(5) In the case of oats, $2.00 per bushel.
``(6)(A) Subject to subparagraphs (B) and (C), in the case of
base quality of upland cotton, the simple average of the adjusted
prevailing world price for the 2 immediately preceding marketing
years, as determined by the Secretary and announced October 1
preceding the next domestic planting.
``(B) Except as provided in subparagraph (C), the loan rate
determined under subparagraph (A) may not equal less than an amount
equal to 98 percent of the loan rate for base quality of upland
cotton for the preceding year.
``(C) The loan rate determined under subparagraph (A) may not
be equal to an amount--
``(i) less than $0.45 per pound; or
``(ii) more than $0.52 per pound.
``(7) In the case of extra long staple cotton, $0.95 per pound.
``(8) In the case of long grain rice, $7.00 per hundredweight.
``(9) In the case of medium grain rice, $7.00 per
hundredweight.
``(10) In the case of soybeans, $6.20 per bushel.
``(11) In the case of other oilseeds, $10.09 per hundredweight
for each of the following kinds of oilseeds:
``(A) Sunflower seed.
``(B) Rapeseed.
``(C) Canola.
``(D) Safflower.
``(E) Flaxseed.
``(F) Mustard seed.
``(G) Crambe.
``(H) Sesame seed.
``(I) Other oilseeds designated by the Secretary.
``(12) In the case of dry peas, $6.15 per hundredweight.
``(13) In the case of lentils, $13.00 per hundredweight.
``(14) In the case of small chickpeas, $10.00 per
hundredweight.
``(15) In the case of large chickpeas, $14.00 per
hundredweight.
``(16) In the case of graded wool, $1.15 per pound.
``(17) In the case of nongraded wool, $0.40 per pound.
``(18) In the case of mohair, $4.20 per pound.
``(19) In the case of honey, $0.69 per pound.
``(20) In the case of peanuts, $355 per ton.''; and
(4) in subsection (c) (as so redesignated), by striking
``subsection (a)(11)'' and inserting ``subsections (a)(11) and
(b)(11)''.
(b) Conforming Amendment.--Section 1204(h)(1) of the Agricultural
Act of 2014 (7 U.S.C. 9034(h)(1)) is amended by striking ``section
1202(a)(20)'' and inserting ``subsection (a)(20) or (b)(20), as
applicable, of section 1202''.
SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR TEXTILE MILLS.
(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.--Section 1207(c) of the Agricultural Act of
2014 (7 U.S.C. 9037(c)) is amended by striking the subsection heading
and inserting ``Economic Adjustment Assistance for Textile Mills''.
SEC. 1204. SPECIAL COMPETITIVE PROVISIONS FOR EXTRA LONG STAPLE COTTON.
(a) In General.--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''.
(b) Payments Under Program; Trigger.--Section 1208(b)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9038(b)(2)) is amended by striking
``134 percent'' and inserting ``113 percent''.
SEC. 1205. AVAILABILITY OF RECOURSE LOANS.
(a) In General.--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''.
(b) Recourse Loans Available for Contaminated Commodities.--Section
1209 of the Agricultural Act of 2014 (7 U.S.C. 9039) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Recourse Loans Available for Contaminated Commodities.--In
the case of a loan commodity that is ineligible for 100 percent of the
nonrecourse marketing loan rate in the county due to a determination
that the commodity is contaminated yet still merchantable, for each of
the 2019 through 2023 crops of such loan commodity, the Secretary shall
make available recourse commodity loans, at the rate provided under
section 1202, on any production.''.
Subtitle C--Sugar
SEC. 1301. SUGAR POLICY.
(a) Sugar Program.--
(1) Sugarcane.--Section 156(a) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) 19.75 cents per pound for raw cane sugar for each of the
2019 through 2023 crop years.''.
(2) Sugar beets.--Section 156(b)(2) of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272(b)(2)) is amended
by striking ``2018'' and inserting ``2023''.
(3) Effective period.--Section 156(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(i))
is amended by striking ``2018'' and inserting ``2023''.
(b) Flexible Marketing Allotments for Sugar.--
(1) Sugar estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended by
striking ``2018'' and inserting ``2023''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by striking
``2018'' and inserting ``2023''.
Subtitle D--Dairy Margin Coverage and Other Dairy Related Provisions
SEC. 1401. DAIRY MARGIN COVERAGE.
(a) Review of Data Used in Calculation of Average Feed Cost.--Not
later than 60 days after the date of the enactment of this Act, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report evaluating the extent to which the
average cost of feed used by a dairy operation to produce a
hundredweight of milk calculated by the Secretary as required by
section 1402(a) of the Agricultural Act of 2014 (7 U.S.C. 9052(a)) is
representative of actual dairy feed costs.
(b) Corn Silage Report.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report detailing
the costs incurred by dairy operations in the use of corn silage as
feed, and the difference between the feed cost of corn silage and the
feed cost of corn.
(c) Collection of Alfalfa Hay Data.--Not later than 120 days after
the date of the enactment of this Act, the Secretary, acting through
the National Agricultural Statistics Service, shall revise monthly
price survey reports to include prices for high-quality alfalfa hay in
the top five milk producing States, as measured by volume of milk
produced during the previous month.
(d) Registration of Multiproducer Dairy Operations.--Section
1404(b) of the Agricultural Act of 2014 (7 U.S.C. 9054(b)) is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by striking paragraph (3) and inserting the following:
``(3) Election period for 2019 calendar year.--For the 2019
calendar year, the Secretary shall--
``(A) open the election period not later than 60 days after
the effective date described in section 1401(m) of the
Agriculture Improvement Act of 2018; and
``(B) hold that election period open for not less than 90
days.
``(4) Treatment of multiproducer dairy operation.--
``(A) In general.--If a participating dairy operation is
operated by more than 1 dairy producer, the dairy producers of
the dairy operation who elect to participate shall be treated
as a single dairy operation for purposes of participating in
dairy margin coverage.
``(B) Rule of construction.--Subparagraph (A) shall not be
construed to allow a producer to adjust the proportion of their
share covered under tier I or tier II premiums from the
proportion covered for the operation.''.
(e) Relation to Livestock Gross Margin for Dairy Program.--
(1) In general.--Section 1404 of the Agricultural Act of 2014
(7 U.S.C. 9054) is amended by striking subsection (d).
(2) Retroactive program option.--Section 1404(b)(2) of the
Agricultural Act of 2014 (7 U.S.C. 9054(b)(2)) is amended--
(A) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(B) by adding at the end the following:
``(B) Retroactive program option.--In the case of a dairy
operation that, by operation of subsection (d) (as in effect on
the day before the date of enactment of the Agriculture
Improvement Act of 2018), was ineligible to participate in the
margin protection program for any part of calendar year 2018,
the Secretary shall establish a new election period for that
calendar year that ends on a date that is not less than 90 days
after the date of enactment of the Agriculture Improvement Act
of 2018 and the Secretary determines is necessary for dairy
operations to make new elections to participate in the margin
protection program (as in effect on the day before the date of
enactment of the Agriculture Improvement Act of 2018) for that
calendar year, including dairy operations that elected to
participate in the livestock gross margin for dairy program
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
before the date of enactment of the Bipartisan Budget Act of
2018 (Public Law 115-123).''.
(f) Production History of Participating Dairy Operators.--
(1) Adjustment.--Section 1405 of the Agricultural Act of 2014
(7 U.S.C. 9055) is amended--
(A) in subsection (a)--
(i) in paragraph (2), by striking ``In subsequent
years'' and inserting ``In the subsequent calendar years
ending before January 1, 2019''; and
(ii) in paragraph (3), by inserting ``, as applicable''
after ``paragraph (2)''; and
(B) in subsection (b)--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(ii) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``In the case'' and inserting
the following:
``(1) Dairy operations with less than 1 year of production
history.--In the case''; and
(iii) by adding at the end the following:
``(2) Dairy operations with 1 year or more of production
history.--In the case of a participating dairy operation that was
not in operation prior to January 1, 2014, that has not established
a production history, and that has been in operation for equal to
or longer than 1 year, the participating dairy operation shall
elect the annual milk marketings during any 1 calendar year to
determine the production history of the participating dairy
operation.
``(3) Adjustment.--The Secretary shall adjust the production
history of a participating dairy operation determined under
paragraph (1) or (2) to reflect any increase or decrease in the
national average milk production relative to calendar year 2017.''.
(2) Limitation on changes to business structure.--Section 1405
of the Agricultural Act of 2014 (7 U.S.C. 9055) is amended by
adding at the end the following new subsection:
``(d) Limitation on Changes to Business Structure.--The Secretary
may not make dairy margin coverage payments to a participating dairy
operation if the Secretary determines that the participating dairy
operation has reorganized the structure of such operation solely for
the purpose of qualifying as a new operation under subsection (b).''.
(g) Coverage Level Threshold and Coverage Percentage.--Section 1406
of the Agricultural Act of 2014 (7 U.S.C. 9056) is amended by striking
subsection (a) and inserting the following:
``(a) Coverage Level Threshold and Coverage Percentage.--
``(1) Coverage level threshold.--
``(A) In general.--For purposes of receiving dairy margin
coverage payments for a month, a participating dairy operation
shall annually elect a coverage level threshold that is equal
to $4.00, $4.50, $5.00, $5.50, $6.00, $6.50, $7.00, $7.50,
$8.00, $8.50, $9.00, or $9.50.
``(B) Applicability.--Except as provided in subparagraph
(C), the coverage level threshold elected under subparagraph
(A) shall apply to the covered production elected by the
participating dairy operation under paragraph (2).
``(C) Second coverage election for tier ii.--In the case of
a participating dairy operation that elects a coverage level
threshold of $8.50, $9.00, or $9.50 under subparagraph (A)--
``(i) that coverage level threshold shall apply to the
first 5,000,000 pounds of milk marketings included in the
covered production elected by the participating dairy
operation; and
``(ii) the participating dairy operation shall elect a
coverage level threshold that is equal to $4.00, $4.50,
$5.00, $5.50, $6.00, $6.50, $7.00, $7.50, or $8.00 to apply
to milk marketings in excess of 5,000,000 pounds included
in the covered production elected by the participating
dairy operation.
``(2) Coverage percentage.--For purposes of receiving dairy
margin coverage payments for a month, a participating dairy
operation shall annually elect a percentage of coverage, in 5-
percent increments, not exceeding 95 percent of the production
history of the participating dairy operation.''.
(h) Producer Premiums.--Section 1407 of the Agricultural Act of
2014 (7 U.S.C. 9057) is amended--
(1) in subsection (b), by striking paragraphs (2) and (3) and
inserting the following:
``(2) Producer premiums.--Except as provided in subsection (g),
the following annual premiums apply:
----------------------------------------------------------------------------------------------------------------
``Coverage Level Premium per Cwt.
----------------------------------------------------------------------------------------------------------------
$4.00 None
$4.50 $0.0025
$5.00 $0.005
$5.50 $0.030
$6.00 $0.050
$6.50 $0.070
$7.00 $0.080
$7.50 $0.090
$8.00 $0.100
$8.50 $0.105
$9.00 $0.110
$9.50 $0.150''; and
----------------------------------------------------------------------------------------------------------------
''; and (2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Producer premiums.--Except as provided in subsection (g),
the following annual premiums apply:
----------------------------------------------------------------------------------------------------------------
``Coverage Level Premium per Cwt.
----------------------------------------------------------------------------------------------------------------
$4.00 None
$4.50 $0.0025
$5.00 $0.005
$5.50 $0.100
$6.00 $0.310
$6.50 $0.650
$7.00 $1.107
$7.50 $1.413
$8.00 $1.813''.
----------------------------------------------------------------------------------------------------------------
''. (i) Repayment of Premiums.--Section 1407 of the Agricultural Act
of 2014 (7 U.S.C. 9057) is amended by adding at the end the following:
``(f) Repayment of Premiums.--
``(1) In general.--Each dairy operation described in paragraph
(2) shall be eligible to receive a repayment from the Secretary in
an amount equal to the difference between--
``(A) the total amount of premiums paid by the
participating dairy operation under this section for each
applicable calendar year; and
``(B) the total amount of payments made to the
participating dairy operation under section 1406 for that
calendar year.
``(2) Eligibility.--A dairy operation that is eligible to
receive a repayment under paragraph (1) is a dairy operation that--
``(A) participated in the margin protection program, as in
effect for any of calendar years 2014 through 2017; and
``(B) submits to the Secretary an application for the
repayment at such time, in such manner, and containing such
information as the Secretary may require.
``(3) Method of repayment.--A dairy operation that is eligible
to receive a repayment under paragraph (1) shall elect to receive
the repayment--
``(A) in an amount equal to 75 percent of the repayment
calculated under that paragraph as credit that may be used by
the dairy operation for dairy margin coverage premiums; or
``(B) in an amount equal to 50 percent of the repayment
calculated under that paragraph as a direct cash repayment.
``(4) Applicability.--Paragraph (1) shall only apply to a
calendar year during the period of calendar years 2014 through 2017
for which the amount described in subparagraph (A) of that
paragraph is greater than the amount described in subparagraph (B)
of that paragraph.''.
(j) Premium Discount.--Section 1407 of the Agricultural Act of 2014
(7 U.S.C. 9057) (as amended by subsection (i)) is amended by adding at
the end the following:
``(g) Premium Discount.--The premium per hundredweight specified in
the tables contained in subsections (b) and (c) for each coverage level
shall be reduced by 25 percent in accordance with the following:
``(1) In general.--For each of calendar years 2019 through
2023, for a participating dairy operation that makes a 1-time
election of coverage level in a tier and of a percentage of
coverage under section 1406(a) for the 5-year period beginning in
January 2019.
``(2) New dairy operations.--For each applicable calendar year
through 2023, for a participating dairy operation that--
``(A) establishes a production history pursuant to section
1405(b); and
``(B) makes a 1-time election of coverage level in a tier
and of a percentage of coverage under section 1406(a) for the
period beginning with the first available calendar year and
ending in December 2023.
``(3) Full participation required.--Notwithstanding the annual
elections under section 1406(a)--
``(A) a 1-time enrollment under this subsection shall
remain in effect for the full duration applicable to a
participating dairy operation in accordance with paragraph (1)
or (2)(B), as applicable; and
``(B) a participating dairy operation that makes a 1-time
enrollment under this subsection and is noncompliant under
section 1408 shall be subject to that section.''.
(k) Conforming Amendments Related to Program Name.--
(1) Heading.--The heading of part I of subtitle D of title I of
the Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 688) is
amended to read as follows:
``PART I--DAIRY MARGIN COVERAGE''.
(2) Definitions.--Section 1401 of the Agricultural Act of 2014
(7 U.S.C. 9051) is amended--
(A) by striking paragraphs (5) and (6) and inserting the
following new paragraphs:
``(5) Dairy margin coverage.--The term `dairy margin coverage'
means the dairy margin coverage program required by section 1403.
``(6) Dairy margin coverage payment.--The term `dairy margin
coverage payment' means a payment made to a participating dairy
operation under dairy margin coverage pursuant to section 1406.'';
and
(B) in paragraphs (7) and (8), by striking ``the margin
protection program'' both places it appears and inserting
``dairy margin coverage''.
(3) Calculation of actual dairy production margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9052(b)(1)) is
amended in the matter preceding subparagraph (A) by striking ``the
margin protection program'' and inserting ``dairy margin
coverage''.
(4) Program operation.--Section 1403 of the Agricultural Act of
2014 (7 U.S.C. 9053) is amended--
(A) by striking the section heading and inserting ``dairy
margin coverage'';
(B) by striking ``Not later than September 1, 2014, the
Secretary shall establish and administer a margin protection
program'' and inserting the following:
``(a) In General.--The Secretary shall continue to administer a
dairy margin coverage program'';
(C) in subsection (a) (as so designated), by striking
``margin protection payment'' both places it appears and
inserting ``dairy margin coverage payment''; and
(D) by adding at the end the following:
``(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
margin coverage beginning with the 2019 calendar year, except to the
extent that the regulations are inconsistent with any provision of this
Act.''.
(5) Participation.--Section 1404 of the Agricultural Act of
2014 (7 U.S.C. 9054) is amended--
(A) in the section heading, by striking ``margin protection
program'' and inserting ``dairy margin coverage'';
(B) in subsection (a), by striking ``the margin protection
program to receive margin protection payments'' and inserting
``dairy margin coverage to receive dairy margin coverage
payments''; and
(C) in subsections (b) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy margin coverage''.
(6) Production history.--Section 1405 of the Agricultural Act
of 2014 (7 U.S.C. 9055) is amended in subsections (a)(1) and (c) by
striking ``the margin protection program'' each place it appears
and inserting ``dairy margin coverage''.
(7) Payments.--Section 1406 of the Agricultural Act of 2014 (7
U.S.C. 9056) is amended--
(A) in the section heading, by striking ``margin
protection'' and inserting ``dairy margin coverage'';
(B) by striking ``margin protection'' each place it appears
and inserting ``dairy margin coverage''; and
(C) in the heading of subsection (c), by striking ``Margin
Protection''.
(8) Premiums.--Section 1407 of the Agricultural Act of 2014 (7
U.S.C. 9057) is amended--
(A) in the section heading, by striking ``margin protection
program'' and inserting ``dairy margin coverage'';
(B) in subsection (a), in the matter preceding paragraph
(1), by striking ``the margin protection program'' and
inserting ``dairy margin coverage'';
(C) in subsection (d), by striking ``program'' and
inserting ``dairy margin coverage''; and
(D) in subsection (e)--
(i) by striking ``the margin protection program'' both
places it appears and inserting ``dairy margin coverage'';
and
(ii) in paragraph (2), by striking ``integrity of the
program'' and inserting ``integrity of dairy margin
coverage''.
(9) Failure to pay administrative fees or premiums.--Section
1408 of the Agricultural Act of 2014 (7 U.S.C. 9058) is amended--
(A) in subsection (a)(2), by striking ``margin protection''
and inserting ``dairy margin coverage''; and
(B) in subsection (b), by striking ``the margin protection
program'' and inserting ``dairy margin coverage''.
(10) Administration and enforcement.--Section 1410 of the
Agricultural Act of 2014 (7 U.S.C. 9060) is amended--
(A) in subsections (a) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy margin coverage''; and
(B) in subsection (b), by striking ``margin protection''
and inserting ``dairy margin coverage''.
(l) Duration.--Section 1409 of the Agricultural Act of 2014 (7
U.S.C. 9059) is amended--
(1) by striking ``The margin protection program'' and inserting
``Dairy margin coverage''; and
(2) by striking ``2018'' and inserting ``2023''.
(m) Effective Date.--The amendments made by this section shall take
effect on January 1, 2019.
SEC. 1402. REAUTHORIZATIONS.
(a) Forward Pricing.--Section 1502(e) of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 8772(e)) is amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2), by striking ``2021'' and inserting
``2026''.
(b) Indemnity Program.--Section 3 of Public Law 90-484 (7 U.S.C.
4553) is amended by striking ``2018'' and inserting ``2023''.
(c) Promotion and Research.--Section 113(e)(2) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is amended
by striking ``2018'' and inserting ``2023''.
SEC. 1403. CLASS I SKIM MILK PRICE.
(a) Class I Skim Milk Price.--Section 8c(5)(A) of the Agricultural
Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted with amendments by the
Agricultural Marketing Agreement Act of 1937, is amended by striking
``Throughout'' in the third sentence and all that follows through the
period at the end of the fourth sentence and inserting ``Throughout the
2-year period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment to the
order involved), for purposes of determining prices for milk of the
highest use classification, the Class I skim milk price per
hundredweight specified in section 1000.50(b) of title 7, Code of
Federal Regulations (or successor regulations), shall be the sum of the
adjusted Class I differential specified in section 1000.52 of such
title 7 (or successor regulations), plus the adjustment to Class I
prices specified in sections 1005.51(b), 1006.51(b), and 1007.51(b) of
such title 7 (or successor regulations), plus the simple average of the
advanced pricing factors computed in sections 1000.50(q)(1) and
1000.50(q)(2) of such title 7 (or successor regulations), plus
$0.74.''.
(b) Effective Date and Implementation.--
(1) Effective date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than
120 days after the date of enactment of this Act.
(2) Implementation.--Implementation of the amendment made by
subsection (a) shall not be subject to any of the following:
(A) The notice and comment provisions of section 553 of
title 5, United States Code.
(B) The notice and hearing requirements of section 8c(3) of
the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted
with amendments by the Agricultural Marketing Agreement Act of
1937.
(C) The order amendment requirements of section 8c(17) of
that Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of that Act (7 U.S.C.
608c(19)).
SEC. 1404. DAIRY PRODUCT DONATION.
(a) Repeal of Dairy Product Donation Program.--Section 1431 of the
Agricultural Act of 2014 (7 U.S.C. 9071) is repealed.
(b) Milk Donation Program.--
(1) In general.--Part III of subtitle D of title I of the
Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 695) is
amended to read as follows:
``PART III--MILK DONATION PROGRAM
``SEC. 1431. MILK DONATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible dairy organization.--The term `eligible dairy
organization' means a dairy farmer (either individually or as part
of a cooperative), or a dairy processor, who--
``(A) accounts to a Federal milk marketing order marketwide
pool; and
``(B) incurs qualified expenses under subsection (e).
``(2) Eligible distributor.--The term `eligible distributor'
means a public or private nonprofit organization that distributes
donated eligible milk.
``(3) Eligible milk.--The term `eligible milk' means Class I
fluid milk products produced and processed in the United States.
``(4) Eligible partnership.--The term `eligible partnership'
means a partnership between an eligible dairy organization and an
eligible distributor.
``(5) Participating partnership.--The term `participating
partnership' means an eligible partnership for which the Secretary
has approved a donation and distribution plan for eligible milk
under subsection (c)(2).
``(b) Program Required; Purposes.--Not later than 180 days after
the date of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall establish and administer a milk donation program for
the purposes of--
``(1) encouraging the donation of eligible milk;
``(2) providing nutrition assistance to individuals in low-
income groups; and
``(3) reducing food waste.
``(c) Donation and Distribution Plans.--
``(1) In general.--To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to the
Secretary a donation and distribution plan that--
``(A) describes the process that the eligible partnership
will use for the donation, processing, transportation,
temporary storage, and distribution of eligible milk;
``(B) includes an estimate of the quantity of eligible milk
that the eligible partnership will donate each year, based on--
``(i) preplanned donations; and
``(ii) contingency plans to address unanticipated
donations; and
``(C) describes the rate at which the eligible partnership
will be reimbursed, which shall be based on a percentage of the
limitation described in subsection (e)(2), not to exceed 100
percent.
``(2) Review and approval.--Not less frequently than annually,
the Secretary shall--
``(A) review donation and distribution plans submitted
under paragraph (1); and
``(B) determine whether to approve or disapprove each of
those donation and distribution plans.
``(d) Reimbursement.--
``(1) In general.--On receipt of appropriate documentation
under paragraph (2), the Secretary shall reimburse an eligible
dairy organization that is a member of a participating partnership
on a regular basis for qualified expenses described in subsection
(e).
``(2) Documentation.--
``(A) In general.--An eligible dairy organization shall
submit to the Secretary such documentation as the Secretary may
require to demonstrate the qualified expenses described in
subsection (e) of the eligible dairy organization.
``(B) Verification.--The Secretary may verify the accuracy
of documentation submitted under subparagraph (A) by spot
checks and audits.
``(3) Retroactive reimbursement.--In providing reimbursements
under paragraph (1), the Secretary may provide reimbursements for
qualified expenses incurred before the date on which the donation
and distribution plan for the applicable participating partnership
was approved by the Secretary.
``(e) Qualified Expenses.--
``(1) In general.--The amount of a reimbursement under
subsection (d) shall be an amount equal to the product of--
``(A) the quantity of eligible milk donated by the eligible
dairy organization under a donation and distribution plan
approved by the Secretary under subsection (c); and
``(B) subject to the limitation under paragraph (2), the
rate described in that donation and distribution plan under
subsection (c)(1)(C).
``(2) Limitation.--Expenses eligible for reimbursement under
subsection (d) shall not exceed the value that an eligible dairy
organization incurred by accounting to the Federal milk marketing
order pool at the difference in the Class I milk value and the
lowest classified price for the applicable month (either Class III
milk or Class IV milk).
``(f) Preapproval.--
``(1) In general.--The Secretary shall--
``(A) establish a process for an eligible partnership to
apply for preapproval of donation and distribution plans under
subsection (c); and
``(B) not less frequently than annually, preapprove an
amount for qualified expenses described in subsection (e) that
the Secretary will allocate for reimbursement under each
donation and distribution plan preapproved under subparagraph
(A), based on an assessment of--
``(i) the feasibility of the plan; and
``(ii) the extent to which the plan advances the
purposes described in subsection (b).
``(2) Preference.--In preapproving amounts for reimbursement
under paragraph (1)(B), the Secretary shall give preference to
eligible partnerships that will provide funding and in-kind
contributions in addition to the reimbursements.
``(3) Adjustments.--
``(A) In general.--The Secretary shall adjust or increase
amounts preapproved for reimbursement under paragraph (1)(B)
based on performance and demand.
``(B) Requests for increase.--
``(i) In general.--The Secretary shall establish a
procedure for a participating partnership to request an
increase in the amount preapproved for reimbursement under
paragraph (1)(B) based on changes in conditions.
``(ii) Interim approval; incremental increase.--The
Secretary may provide an interim approval of an increase
requested under clause (i) and an incremental increase in
the amount of reimbursement to the applicable participating
partnership to allow time for the Secretary to review the
request without interfering with the donation and
distribution of eligible milk by the participating
partnership.
``(g) Prohibition on Resale of Products.--
``(1) In general.--An eligible distributor that receives
eligible milk donated under this section may not sell the products
back into commercial markets.
``(2) Prohibition on future participation.--An eligible
distributor that the Secretary determines has violated paragraph
(1) shall not be eligible for any future participation in the
program established under this section.
``(h) Administration.--The Secretary shall publicize opportunities
to participate in the program established under this section.
``(i) Reviews.--The Secretary shall conduct appropriate reviews or
audits to ensure the integrity of the program established under this
section.
``(j) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section $9,000,000 for fiscal
year 2019, and $5,000,000 for each fiscal year thereafter, to remain
available until expended.''.
(2) Conforming amendment.--Section 1401 of the Agricultural Act
of 2014 (7 U.S.C. 9051) is amended, in the matter preceding
paragraph (1), by striking ``and part III''.
Subtitle E--Supplemental Agricultural Disaster Assistance
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) Members of Indian Tribes.--Section 1501(a)(1)(B) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv) and
(v), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) an Indian tribe or tribal organization (as
those terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304));''.
(b) Covered Livestock Losses for Livestock Indemnity Payments.--
Section 1501(b) of the Agricultural Act of 2014 (7 U.S.C. 9081(b)) is
amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph (A);
(B) in subparagraph (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; or''; and
(C) by adding at the end the following new subparagraph:
``(C) disease that, as determined by the Secretary--
``(i) is caused or transmitted by a vector; and
``(ii) is not susceptible to control by vaccination or
acceptable management practices.''; and
(2) in paragraph (4), by striking ``A payment'' and inserting
``Payment reductions.--A payment''.
(c) Emergency Assistance for Livestock, Honey Bees, and Farm-raised
Fish.--
(1) In general.--Section 1501(d)(2) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)(2)) is amended by inserting ``, including
inspections of cattle tick fever'' before the period at the end.
(2) Effective date.--The amendment made by paragraph (1) shall
apply to inspections of cattle tick fever conducted on or after the
date of enactment of this Act.
(d) 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 subsection (a) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279)) 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).''.
(e) Payment Limitation.--Section 1501(f)(2) of the Agricultural Act
of 2014 (7 U.S.C. 9081(f)(2)) is amended by striking ``this section
(excluding payments received under subsections (b) and (e))'' and
inserting ``subsection (c)''.
Subtitle F--Noninsured Crop Assistance
SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the following:
``(C) Data collection and sharing.--The Secretary shall
coordinate with the Administrator of the Risk Management Agency
on the type and format of data received under the noninsured
crop disaster assistance program that--
``(i) best facilitates the use of that data in
developing policies or plans of insurance offered under the
Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and
``(ii) ensures the availability of that data on a
regular basis.
``(D) Coordination.--The Secretary shall coordinate between
the agencies of the Department that provide programs or
services to farmers and ranchers that are potentially eligible
for the noninsured crop disaster assistance program under this
section--
``(i) to make available coverage under--
``(I) the fee waiver under subsection (k)(2); or
``(II) the premium discount under subsection
(l)(3); and
``(ii) to share eligibility information to reduce
paperwork and avoid duplication.'';
(B) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--Subject to subparagraph (B), in this
section, the term `eligible crop' means each commercial crop or
other agricultural commodity that is produced for food or fiber
(except livestock) for which catastrophic risk protection under
subsection (b) of section 508 of the Federal Crop Insurance Act
(7 U.S.C. 1508) and additional coverage under subsections (c)
and (h) of such section are not available or, if such coverage
is available, it is only available under a policy that provides
coverage for specific intervals based on weather indexes or
under a whole farm plan of insurance.''; and
(C) in paragraph (4)(B)--
(i) by striking clause (i) and inserting the following:
``(i) In general.--
``(I) Agricultural act of 2014.--During the first 4
crop years of planting, as determined by the Secretary,
native sod acreage that has been tilled for the
production of an annual 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 a reduction in benefits under this
section as described in this subparagraph.
``(II) Subsequent years.--Native sod acreage that
has been tilled for the production of an eligible crop
after the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to a reduction
in benefits under this section as described in this
subparagraph for not more than any 4 crop years--
``(aa) during the first 10 crop years after the
initial tillage; and
``(bb) during which a crop on that acreage is
enrolled under subsection (l)(2) or (k).''; and
(ii) in clause (iii)(I), by striking ``transitional
yield of the producer'' and inserting ``county expected
yield'';
(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 diverse production
systems such as those typical of urban production systems, other
small-scale production systems, and direct-to-consumer production
systems.'';
(3) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) the producer's share of the total acres devoted to the
eligible crop; by''; and
(C) in paragraph (2) (as so redesignated), by striking
``established yield for the crop'' and inserting ``approved
yield for the crop, as determined by the Secretary'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``farm'' and inserting
``approved'';
(B) in paragraph (2)--
(i) in the second sentence--
(I) by inserting ``approved'' before ``yield''; and
(II) by striking ``Subject'' and inserting the
following:
``(B) Calculation.--Subject''; and
(ii) in the matter preceding subparagraph (B) (as so
designated)--
(I) by striking ``yield coverage'' and inserting
``an approved yield''; and
(II) by striking ``The Secretary'' and inserting
the following:
``(A) In general.--The Secretary''; and
(C) in paragraph (3), by striking ``transitional yield of
the producer'' and inserting ``county expected yield'';
(5) in subsection (i)(2), by striking ``exceed $125,000'' and
inserting the following: ``exceed--
``(A) in the case of catastrophic coverage under subsection
(c), $125,000; and
``(B) in the case of additional coverage under subsection
(l), $300,000'';
(6) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and inserting
``$325''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting ``$825''; and
(ii) by striking ``$1,875'' and inserting ``$1,950'';
and
(7) in subsection (l)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(ii) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) the producer's share of the total acres devoted to
the crop;''; and
(iii) in subparagraph (C) (as so redesignated), by
inserting ``, contract price, or other premium price (such
as a local, organic, or direct market price, as elected by
the producer)'' after ``price'';
(B) in paragraph (2)(B)(i)--
(i) in subclause (IV), by striking ``and'' at the end;
(ii) in subclause (V), by striking ``or'' at the end
and inserting ``and''; and
(iii) by adding at the end the following:
``(VI) the producer's share of the crop; or'';
(C) by striking paragraphs (3) and (5); and
(D) by redesignating paragraph (4) as paragraph (3).
Subtitle G--Administration
SEC. 1701. REGULATIONS.
Section 1601(c)(2) of the Agricultural Act of 2014 (7 U.S.C.
9091(c)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``title and sections 11003 and 11017'' and inserting ``title,
sections 11003 and 11017, title I of the Agriculture Improvement
Act of 2018 and the amendments made by that title, and section
10109 of that Act'';
(2) in subparagraph (A), by adding ``and'' at the end;
(3) in subparagraph (B), by striking ``; and'' and inserting a
period; and
(4) by striking subparagraph (C).
SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
Section 1602 of the Agricultural Act of 2014 (7 U.S.C. 9092) is
amended by striking ``2018'' each place it appears and inserting
``2023''.
SEC. 1703. PAYMENT LIMITATIONS.
(a) In General.--Section 1001 of the Food Security Act of 1985 (7
U.S.C. 1308) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``section 1001 of the
Food, Conservation, and Energy Act of 2008'' and inserting
``section 1111 of the Agricultural Act of 2014 (7 U.S.C.
9011)''; and
(B) in paragraph (2), by inserting ``first cousin, niece,
nephew,'' after ``sibling,'';
(2) in subsections (b) and (c), by striking ``and as marketing
loan gains or loan deficiency payments under subtitle B of title I
of the Agricultural Act of 2014'' each place it appears and
inserting ``of the Agricultural Act of 2014 (7 U.S.C. 9016,
9017)''; and
(3) in subsection (f), by adding at the end the following:
``(9) Administration of reduction.--The Secretary shall apply
any order described in section 1614(d)(1) of the Agricultural Act
of 2014 (7 U.S.C. 9097(d)(1)) to payments under sections 1116 and
1117 of that Act (7 U.S.C. 9016, 9017) prior to applying payment
limitations under this section.''.
(b) Application.--The amendments made by this section shall apply
beginning with the 2019 crop year.
SEC. 1704. ADJUSTED GROSS INCOME LIMITATIONS.
(a) Waiver.--Section 1001D(b) of the Food Security Act of 1985 (7
U.S.C. 1308-3a(b)) is amended--
(1) in paragraph (2)(C), by inserting ``title II of the
Agriculture Improvement Act of 2018,'' after ``under''; and
(2) by adding at the end the following:
``(3) Waiver.--The Secretary may waive the limitation
established by paragraph (1) with respect to a payment pursuant to
a covered benefit described in paragraph (2)(C), on a case-by-case
basis, if the Secretary determines that environmentally sensitive
land of special significance would be protected as a result of such
waiver.''.
(b) Conforming Amendment.--Section 1001D(b)(1) of the Food Security
Act of 1985 (7 U.S.C. 1308-3a(b)(1)) is amended by inserting ``subject
to paragraph (3),'' after ``of law,''.
(c) Transition.--Section 1001D of the Food Security Act of 1985 (7
U.S.C. 1308-3a), as in effect on the day before the date of enactment
of this Act, shall apply with respect to the 2018 crop, fiscal, or
program year, as appropriate, for each program described in subsection
(b)(2) of that section (as so in effect on that day).
SEC. 1705. FARM SERVICE AGENCY ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary 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 3 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 progress
and results of the activities conducted under subsection (a).
SEC. 1706. IMPLEMENTATION.
(a) Maintenance of Base Acres and Payment Yields.--Section 1614(a)
of the Agricultural Act of 2014 (7 U.S.C. 9097(a)) is amended by
inserting ``, and as adjusted pursuant to sections 1112 and 1113''
before the period at the end.
(b) Streamlining.--Section 1614 of the Agricultural Act of 2014 (7
U.S.C. 9097) is amended by striking subsection (b) and inserting the
following:
``(b) Streamlining.--In implementing this title and the amendments
made by this title, the Secretary shall--
``(1) continue to reduce administrative burdens and costs to
producers by streamlining and reducing paperwork, forms, and other
administrative requirements, to 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, subject to
the Secretary--
``(i) establishing reasonable levels of tolerance that
reflect the differences in accuracy between measures of
common land units and geospatial data; and
``(ii) ensuring that discrepancies that occur within
the levels of tolerance established under clause (i) shall
not be used to penalize a producer (or an agent of a
producer) under any program administered by the Department
of Agriculture;
``(B) on the request of a producer (or an agent of a
producer), 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 of Agriculture-wide
login;
``(C) 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;
``(D) except in the case of misrepresentation, fraud, or
scheme and device, no crop insurance agent, approved insurance
provider, or employee or contractor of a crop insurance agency
or approved insurance provider bears responsibility or
liability under the Acreage Crop Reporting and Streamlining
Initiative (or any successor or similar initiative) for the
eligibility of a producer for a program administered by the
Department of Agriculture, not including a policy or plan of
insurance offered under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.); and
``(E) on request of a crop insurance agent or approved
insurance provider required to deliver policies and plans of
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501
et seq.) the crop insurance agent or approved insurance
provider receives, in a timely manner, any information held by
the Farm Service Agency that is necessary to ensure effective
crop insurance coverage for farmer customers;
``(2) continue to improve coordination, information sharing,
and administrative work among the Farm Service Agency, Risk
Management Agency, Natural Resources Conservation Service, and
other agencies, as determined by the Secretary;
``(3) continue to take advantage of new technologies to enhance
the efficiency and effectiveness of the delivery of Department of
Agriculture programs to producers, including by developing and
making publicly available data standards and security procedures to
allow third-party providers to develop applications that use or
feed data (including geospatial and precision agriculture data)
into the datasets and analyses of the Department of Agriculture;
and
``(4) reduce administrative burdens on producers participating
in price loss coverage or agriculture risk coverage by offering--
``(A) those producers an option to remotely and
electronically sign annual contracts for that coverage; and
``(B) to the maximum extent practicable, an option to sign
a multiyear contract for that coverage.''.
(c) Implementation.--Section 1614(c) of the Agricultural Act of
2014 (7 U.S.C. 9097(c)) is amended by adding at the end the following:
``(4) Agriculture improvement act of 2018.--The Secretary shall
make available to the Farm Service Agency to carry out title I of
the Agriculture Improvement Act of 2018 and the amendments made by
that title $15,500,000.''.
(d) Loan Implementation.--Section 1614(d)(1) of the Agricultural
Act of 2014 (7 U.S.C. 9097(d)(1)) is amended by striking ``under
subtitles'' and all that follows through ``except'' and inserting
``under subtitle B or C, under the amendments made by subtitle B or C,
or under the amendments made by subtitle B or C of the Agriculture
Improvement Act of 2018, except''.
(e) Deobligation of Unliquidated Obligations.--Section 1614 of the
Agricultural Act of 2014 (7 U.S.C. 9097) is amended by adding at the
end the following:
``(e) Deobligation of Unliquidated Obligations.--
``(1) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Secretary under this
title on or after the date of enactment of the Agriculture
Improvement Act of 2018 that is not disbursed to the recipient by
the date that is 5 years after the date on which the payment is
obligated or otherwise made available shall--
``(A) be deobligated; and
``(B) revert to the Treasury.
``(2) Outstanding payments.--
``(A) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Farm Service
Agency (or any predecessor agency of the Department of
Agriculture) under the laws described in subparagraph (B)
before the date of enactment of the Agriculture Improvement Act
of 2018, that is not disbursed by the date that is 5 years
after the date on which the payment is obligated or otherwise
made available shall--
``(i) be deobligated; and
``(ii) revert to the Treasury.
``(B) Laws described.--The laws referred to in subparagraph
(A) are any of the following:
``(i) This title.
``(ii) Title I of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8702 et seq.).
``(iii) Title I of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7901 et seq.).
``(iv) The Agricultural Market Transition Act (7 U.S.C.
7201 et seq.).
``(v) Titles I through XI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624;
104 Stat. 3374) and the amendments made by those titles.
``(vi) Titles I through X of the Food Security Act of
1985 (Public Law 99-198; 99 Stat. 1362) and the amendments
made by those titles.
``(vii) Titles I through XI of the Agriculture and Food
Act of 1981 (Public Law 97-98; 95 Stat. 1218) and the
amendments made by those titles.
``(viii) Titles I through X of the Food and Agriculture
Act of 1977 (Public Law 95-113; 91 Stat. 917) and the
amendments made by those titles.
``(3) Waiver.--The Secretary may delay the date of the
deobligation and reversion under paragraph (1) or (2) of any
payment--
``(A) that is the subject of--
``(i) ongoing administrative review or appeal;
``(ii) litigation; or
``(iii) the settlement of an estate; or
``(B) for which the Secretary otherwise determines that the
circumstances are such that the delay is equitable.''.
(f) Report.--Section 1614 of the Agricultural Act of 2014 (7 U.S.C.
9097) (as amended by subsection (e)) is amended by adding at the end
the following:
``(f) Report.--Not later than January 1, 2020, 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 was subject to
a reduction in benefits under section 196(a)(4)(B) of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(4)(B)
and section 508(o)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(o)(2))--
``(1) as of the date of submission of the report; and
``(2) by State and county, relative to the total acres of
cropland in the State or county.''.
SEC. 1707. EXEMPTION FROM CERTAIN REPORTING REQUIREMENTS FOR CERTAIN
PRODUCERS.
(a) Definition of Exempted Producer.--In this section, the term
``exempted producer'' means an individual or entity that is eligible to
participate in--
(1) a conservation program under title II or a law amended by
title II;
(2) an indemnity or disease control program under the Animal
Health Protection Act (7 U.S.C. 8301 et seq.) or the Plant
Protection Act (7 U.S.C. 7701 et seq.); or
(3) a commodity program under title I of the Agricultural Act
of 2014 (7 U.S.C. 9011 et seq.), excluding the assistance provided
to users of cotton under sections 1207(c) and 1208 of that Act (7
U.S.C. 9037(c), 9038).
(b) Exemption.--Notwithstanding the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note),
the requirements of parts 25 and 170 of title 2, Code of Federal
Regulations (or successor regulations), shall not apply with respect to
assistance received by an exempted producer from the Secretary, acting
through the Chief of the Natural Resources Conservation Service, the
Administrator of the Animal and Plant Health Inspection Service, or the
Administrator of the Farm Service Agency.
TITLE II--CONSERVATION
Subtitle A--Wetland Conservation
SEC. 2101. WETLAND CONVERSION.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C.
3821(d)) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Duty of the secretary.--No person shall become ineligible
under paragraph (1) if the Secretary determines that an exemption
under section 1222(b) applies to that person.''.
SEC. 2102. WETLAND CONSERVATION.
Section 1222(c) of the Food Security Act of 1985 (16 U.S.C.
3822(c)) is amended--
(1) by striking ``No program'' and inserting the following:
``(1) In general.--No program'';
(2) in paragraph (1) (as so designated), by inserting ``,
which, except as provided in paragraph (2), shall be conducted in
the presence of the affected person'' before the period at the end;
and
(3) by adding at the end the following:
``(2) Exception.--The Secretary may conduct an on-site visit
under paragraph (1) without the affected person present if the
Secretary has made a reasonable effort to include the presence of
the affected person at the on-site visit.''.
SEC. 2103. MITIGATION BANKING.
Section 1222(k)(1)(B) of the Food Security Act of 1985 (16 U.S.C.
3822(k)(1)(B)) is amended to read as follows:
``(B) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this paragraph
$5,000,000 for each of fiscal years 2019 through 2023.''.
Subtitle B--Conservation Reserve Program
SEC. 2201. CONSERVATION RESERVE.
(a) In General.--Section 1231(a) of the Food Security Act of 1985
(16 U.S.C. 3831(a)) is amended by striking ``2018'' and inserting
``2023''.
(b) Eligible Land.--Section 1231(b) of the Food Security Act of
1985 (16 U.S.C. 3831(b)) is amended--
(1) in paragraph (1)(B), by striking ``Agricultural Act of 2014
(except for land enrolled in the conservation reserve program as of
that date)'' and inserting ``Agriculture Improvement Act of 2018,
on the condition that the Secretary shall consider to be planted
cropland enrolled in the conservation reserve program'';
(2) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively;
(3) by inserting after paragraph (3) the following:
``(4) cropland, marginal pasture land, and grasslands that will
have a positive impact on water quality and will be devoted to--
``(A) a grass sod waterway;
``(B) a contour grass sod strip;
``(C) a prairie strip;
``(D) a filterstrip;
``(E) a riparian buffer;
``(F) a wetland or a wetland buffer;
``(G) a saturated buffer;
``(H) a bioreactor; or
``(I) another similar water quality practice, as determined
by the Secretary;'';
(4) in paragraph (5) (as so redesignated)--
(A) in subparagraph (C), by striking ``or filterstrips or
riparian buffers devoted to trees, shrubs, or grasses'' and
inserting ``salt tolerant vegetation, field borders, or
practices to benefit State or federally identified wellhead
protection areas''; and
(B) in subparagraph (E), by striking ``or'' after the
semicolon;
(5) in paragraph (6) (as so redesignated), in subparagraph
(B)(ii), by striking the period at the end and inserting ``; or'';
and
(6) by adding at the end the following:
``(7) as determined by the Secretary, land--
``(A) that was enrolled in the conservation reserve program
under a 15-year contract that expired on September 30, 2017, or
September 30, 2018;
``(B) for which there was no opportunity for additional
enrollment in that program; and
``(C) on which the conservation practice under the expired
contract under subparagraph (A) is maintained.''.
(c) Enrollment.--Section 1231(d) of the Food Security Act of 1985
(16 U.S.C. 3831(d)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through (E)
and inserting the following:
``(A) fiscal year 2019, not more than 24,000,000 acres;
``(B) fiscal year 2020, not more than 24,500,000 acres;
``(C) fiscal year 2021, not more than 25,000,000 acres;
``(D) fiscal year 2022, not more than 25,500,000 acres; and
``(E) fiscal year 2023, not more than 27,000,000 acres.'';
(2) in paragraph (2)--
(A) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) Limitation.--For purposes of applying the limitations
in paragraph (1)--
``(i) the Secretary shall enroll and maintain in the
conservation reserve not fewer than 2,000,000 acres of the
land described in subsection (b)(3) by September 30, 2023;
and
``(ii) in carrying out clause (i), to the maximum
extent practicable, the Secretary shall maintain in the
conservation reserve at any one time during--
``(I) fiscal year 2019, 1,000,000 acres;
``(II) fiscal year 2020, 1,500,000 acres; and
``(III) fiscal years 2021 through 2023, 2,000,000
acres.
``(B) Priority.--In enrolling acres under subparagraph (A),
the Secretary may give priority to land, as determined by the
Secretary--
``(i) with expiring conservation reserve contracts;
``(ii) at risk of conversion or development; or
``(iii) of ecological significance, including land
that--
``(I) may assist in the restoration of threatened
or endangered species under the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.);
``(II) may assist in preventing a species from
being listed as a threatened or endangered species
under the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.); or
``(III) improves or creates wildlife habitat
corridors.'';
(B) in subparagraph (C)--
(i) by striking ``In enrolling'' and inserting the
following:
``(i) In general.--In enrolling'';
(ii) in clause (i) (as so designated), by striking ``a
continuous'' and inserting ``an annual''; and
(iii) by adding at the end the following:
``(ii) Timing of grassland ranking period.--For
purposes of grasslands described in subsection (b)(3), the
Secretary shall announce at least 1 ranking period
subsequent to the announcement of general enrollment
offers.''; and
(C) by adding at the end the following:
``(D) Reservation of unenrolled acres.--If the Secretary is
unable in a fiscal year to enroll enough acres of land
described in subsection (b)(3) to meet the number of acres
described in clause (ii) or (iii) of subparagraph (A) for the
fiscal year--
``(i) the Secretary shall reserve the remaining number
of acres for that fiscal year for the enrollment of land
described in subsection (b)(3); and
``(ii) that number of acres shall not be available for
the enrollment of any other type of eligible land.''; and
(3) by adding at the end the following:
``(3) Water quality practices to foster clean lakes, estuaries,
and rivers (clear initiative).--
``(A) In general.--The Secretary shall give priority within
continuous enrollment under paragraph (6) to the enrollment of
land described in subsection (b)(4).
``(B) Sediment and nutrient loadings.--In carrying out
subparagraph (A), the Secretary shall give priority to the
implementation of practices on land that, if enrolled, will
help reduce sediment loadings, nutrient loadings, and harmful
algal blooms, as determined by the Secretary.
``(C) Acreage.--
``(i) In general.--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
enrollment under paragraph (6) shall be of land described
in subsection (b)(4).
``(ii) Limitation.--The acres described in clause (i)
shall not include grasslands described in subsection
(b)(3).
``(D) Report.--The Secretary shall--
``(i) in the monthly publication of the Secretary
describing conservation reserve program statistics, include
a description of enrollments through the priority under
this paragraph; and
``(ii) publish on the website of the Farm Service
Agency an annual report describing a summary of, with
respect to the enrollment priority under this paragraph--
``(I) new enrollments;
``(II) expirations;
``(III) geographic distribution; and
``(IV) estimated water quality benefits.
``(4) State enrollment rates.--At the beginning of each of
fiscal years 2019 through 2023, to the maximum extent practicable,
the Secretary shall allocate to the States proportionately 60
percent of the available number of acres each year for enrollment
in the conservation reserve, in accordance with historical State
enrollment rates, taking into consideration--
``(A) the average number of acres of all land enrolled in
the conservation reserve in each State during each of fiscal
years 2007 through 2016;
``(B) the average number of acres of all land enrolled in
the conservation reserve nationally during each of fiscal years
2007 through 2016; and
``(C) the acres available for enrollment during each of
fiscal years 2019 through 2023, excluding acres described in
paragraph (2).
``(5) Frequency.--In carrying out this subchapter, for
contracts that are not available on a continuous enrollment basis,
the Secretary shall hold a signup and enrollment not less often
than once each year.
``(6) Continuous enrollment procedure.--
``(A) In general.--To the maximum extent practicable, the
Secretary shall allow producers to submit applications on a
continuous basis for enrollment in--
``(i) the conservation reserve of--
``(I) marginal pasture land described in subsection
(b)(2);
``(II) land described in subsection (b)(4); and
``(III) cropland described in subsection (b)(5);
and
``(ii) the conservation reserve enhancement program
under section 1231A.
``(B) Limitation.--For purposes of applying the limitations
in paragraph (1)--
``(i) the Secretary shall, to the maximum extent
practicable, enroll and maintain not fewer than 8,600,000
acres of land under subparagraph (A) by September 30, 2023;
and
``(ii) in carrying out clause (i), to the maximum
extent practicable, the Secretary shall maintain in the
conservation reserve at any one time during--
``(I) fiscal year 2019, 8,000,000 acres;
``(II) fiscal year 2020, 8,250,000 acres;
``(III) fiscal year 2021, 8,500,000 acres; and
``(IV) fiscal years 2022 and 2023, 8,600,000
acres.''.
(d) Eligibility for Consideration.--Section 1231(h) of the Food
Security Act of 1985 (16 U.S.C. 3831(h)) is amended--
(1) by striking ``On the expiration'' and inserting the
following:
``(1) In general.--On the expiration''; and
(2) by adding at the end the following:
``(2) Reenrollment limitation for certain land.--
``(A) In general.--Except as provided in subparagraph (B),
land subject to a contract entered into under this subchapter
shall be eligible for only one reenrollment in the conservation
reserve under paragraph (1) if the land is devoted to hardwood
trees.
``(B) Exclusions.--Subparagraph (A) shall not apply to--
``(i) riparian forested buffers;
``(ii) forested wetlands enrolled under subsection
(d)(3) or the conservation reserve enhancement program
under section 1231A; and
``(iii) shelterbelts.''.
SEC. 2202. 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) CREP.--The term `CREP' means a conservation reserve
enhancement program carried out under subsection (b)(1).
``(2) Eligible land.--The term `eligible land' means land that
is eligible to be included in the program established under this
subchapter.
``(3) Eligible partner.--The term `eligible partner' means--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)); or
``(D) a nongovernmental organization.
``(4) Management.--The term `management' means an activity
conducted by an owner or operator under a contract entered into
under this subchapter after the establishment of a conservation
practice on eligible land, to regularly maintain or enhance the
vegetative cover established by the conservation practice--
``(A) throughout the term of the contract; and
``(B) consistent with the conservation plan that covers the
eligible land.
``(b) Agreements.--
``(1) In general.--The Secretary may enter into an agreement
with an eligible partner to carry out a conservation reserve
enhancement program--
``(A) to assist in enrolling eligible land in the program
established under this subchapter; and
``(B) that the Secretary determines will advance the
purposes of this subchapter.
``(2) Contents.--An agreement entered into under paragraph (1)
shall--
``(A) describe--
``(i) 1 or more specific State or nationally
significant conservation concerns to be addressed by the
agreement;
``(ii) quantifiable environmental goals for addressing
the concerns under clause (i);
``(iii) a suitable acreage goal for enrollment of
eligible land under the agreement, as determined by the
Secretary;
``(iv) the location of eligible land to be enrolled in
the project area identified under the agreement;
``(v) the payments to be offered by the Secretary and
eligible partner to an owner or operator; and
``(vi) an appropriate list of conservation reserve
program conservation practices that are appropriate to
meeting the concerns described under clause (i), as
determined by the Secretary in consultation with eligible
partners;
``(B) subject to subparagraph (C), require the eligible
partner to provide matching funds--
``(i) in an amount determined during a negotiation
between the Secretary and 1 or more eligible partners, if
the majority of the matching funds to carry out the
agreement are provided by 1 or more eligible partners that
are not nongovernmental organizations; or
``(ii) in an amount not less than 30 percent of the
cost required to carry out the conservation measures and
practices described in the agreement, if a majority of the
matching funds to carry out the agreement are provided by 1
or more nongovernmental organizations; and
``(C) include procedures to allow for a temporary waiver of
the matching requirements under subparagraph (B), or continued
enrollment with a temporary suspension of incentives or
eligible partner contributions for new agreements, during a
period when an eligible partner loses the authority or ability
to provide matching contributions, if the Secretary determines
that the temporary waiver or continued enrollment with a
temporary suspension will advance the purposes of this
subchapter.
``(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) Matching requirement.--Funds provided by an eligible
partner may be in cash, in-kind contributions, or technical
assistance, as determined by the Secretary.
``(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 CREP reflect the fair
market value of the cost of installation.
``(3) Cost-share and practice incentive payments.--
``(A) In general.--On request of an owner or operator, the
Secretary shall provide cost-share payments when a major
component of a conservation practice is completed under a CREP,
as determined by the Secretary.
``(B) Exemption.--For purposes of implementing conservation
practices on land enrolled under a CREP, the Secretary may
waive the contribution limitation described in section
1234(b)(2)(A).
``(4) Riparian buffer management payments.--
``(A) In general.--In the case of an agreement under
subsection (b)(1) that includes riparian buffers as an eligible
practice, the Secretary shall make cost-share payments to
encourage the regular management of the riparian buffer
throughout the term of the agreement, consistent with the
conservation plan that covers the eligible land.
``(B) Limitation.--The amount of payments received by an
owner or operator under subparagraph (A) shall not be greater
than 100 percent of the normal and customary projected
management cost, as determined by the Secretary, in
consultation with the applicable State technical committee
established under section 1261(a).
``(d) Forested Riparian Buffer Practice.--
``(1) Food-producing woody plants.--In the case of an agreement
under subsection (b)(1) that includes forested riparian buffers as
an eligible practice, the Secretary shall allow an owner or
operator--
``(A) to plant food-producing woody plants in the forested
riparian buffers, on the conditions that--
``(i) the plants shall contribute to the conservation
of soil, water quality, and wildlife habitat; and
``(ii) the planting shall be consistent with--
``(I) recommendations of the applicable State
technical committee established under section 1261(a);
and
``(II) technical guide standards of the applicable
field office of the Natural Resources Conservation
Service; and
``(B) to harvest from plants described in subparagraph (A),
on the conditions that--
``(i) the harvesting shall not damage the conserving
cover or otherwise have a negative impact on the
conservation concerns targeted by the CREP;
``(ii) only native plant species appropriate to the
region shall be used within 35 feet of the watercourse; and
``(iii) the producer shall be subject to a reduction in
the rental rate commensurate to the value of the crop
harvested.
``(2) Technical assistance.--For the purpose of enrolling
forested riparian buffers in a CREP, the Administrator of the Farm
Service Agency shall coordinate with the applicable State forestry
agency.
``(e) Drought and Water Conservation Agreements.--In the case of an
agreement under subsection (b)(1) to address regional drought concerns,
in accordance with the conservation purposes of the CREP, the
Secretary, in consultation with the applicable State technical
committee established under section 1261(a), may--
``(1) notwithstanding subsection (a)(2), enroll other
agricultural land on which the resource concerns identified in the
agreement can be addressed if the enrollment of the land is
critical to the accomplishment of the purposes of the agreement;
``(2) permit dryland agricultural uses with the adoption of
best management practices on enrolled land if the agreement
involves the significant long-term reduction of consumptive water
use and dryland production is compatible with the agreement; and
``(3) calculate annual rental payments consistent with existing
administrative practice for similar drought and water conservation
agreements under this subtitle and ensure regional consistency in
those rates.
``(f) Status Report.--Not later than 180 days after the end of each
fiscal year, the Secretary shall submit to Congress a report that
describes, with respect to each agreement entered into under subsection
(b)(1)--
``(1) the status of the agreement;
``(2) the purposes and objectives of the agreement;
``(3) the Federal and eligible partner commitments made under
the agreement; and
``(4) the progress made in fulfilling those commitments.''.
(b) Conforming Amendments.--
(1) Section 1240R(c)(3) of the Food Security Act of 1985 (16
U.S.C. 3839bb-5(c)(3)) is amended by striking ``a special
conservation reserve enhancement program described in section
1234(f)(4)'' and inserting ``a 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''.
SEC. 2203. FARMABLE WETLAND PROGRAM.
Section 1231B of the Food Security Act of 1985 (16 U.S.C. 3831b) is
amended--
(1) in subsection (a)(1), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (f)(2), by striking ``1234(d)(2)(A)(ii)'' and
inserting ``1234(d)''.
SEC. 2204. PILOT PROGRAMS.
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. PILOT PROGRAMS.
``(a) CLEAR 30.--
``(1) In general.--
``(A) Enrollment.--The Secretary shall establish a pilot
program to enroll land in the conservation reserve program
through a 30-year conservation reserve contract (referred to in
this subsection as a `CLEAR 30 contract') in accordance with
this subsection.
``(B) Inclusion of acreage limitation.--For purposes of
applying the limitations in section 1231(d)(1), the Secretary
shall include acres of land enrolled under this subsection.
``(2) Expired conservation contract election.--
``(A) Definition of covered contract.--In this paragraph,
the term `covered contract' means a contract entered into under
this subchapter that--
``(i) expires on or after the date of enactment of the
Agriculture Improvement Act of 2018; and
``(ii) covers land enrolled in the conservation reserve
program under the clean lakes, estuaries, and rivers
priority described in section 1231(d)(3) (or the
predecessor practices that constitute the priority, as
determined by the Secretary).
``(B) Election.--On the expiration of a covered contract,
an owner or operator party to the covered contract shall
elect--
``(i) not to reenroll the land under the contract;
``(ii) to offer to reenroll the land under the contract
if the land remains eligible under the terms in effect as
of the date of expiration; or
``(iii) not to reenroll the land under the contract and
to enroll that land through a CLEAR 30 contract under this
subsection.
``(3) Eligible land.--Only land that is subject to an expired
covered contract shall be eligible for enrollment through a CLEAR
30 contract under this subsection.
``(4) Term.--The term of a CLEAR 30 contract shall be 30 years.
``(5) Agreements.--To be eligible to enroll land in the
conservation reserve program through a CLEAR 30 contract, the owner
of the land shall enter into an agreement with the Secretary--
``(A) to implement a conservation reserve plan developed
for the land;
``(B) to comply with the terms and conditions of the
contract and any related agreements; and
``(C) to temporarily suspend the base history for the land
covered by the contract.
``(6) Terms and conditions of clear 30 contracts.--
``(A) In general.--A CLEAR 30 contract shall include terms
and conditions that--
``(i) permit--
``(I) repairs, improvements, and inspections on the
land that are necessary to maintain existing public
drainage systems; and
``(II) owners to control public access on the land
while identifying access routes to be used for
restoration activities and management and contract
monitoring;
``(ii) 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 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--
``(aa) to comply with Federal or State noxious
weed control laws;
``(bb) to comply with a Federal or State
emergency pest treatment program; or
``(cc) to meet habitat needs of specific
wildlife species;
``(III) any activity to be carried out on the land
of the owner or successor that is immediately adjacent
to, and functionally related to, the land that is
subject to the contract if the activity will alter,
degrade, or otherwise diminish the functional value of
the land; and
``(IV) the adoption of any other practice that
would tend to defeat the purposes of the conservation
reserve program, as determined by the Secretary; and
``(iii) include any additional provision that the
Secretary determines is appropriate to carry out this
section or facilitate the practical administration of this
section.
``(B) Violation.--On the violation of a term or condition
of a CLEAR 30 contract, the Secretary may require the owner to
refund all or part of any payments received by the owner under
the conservation reserve program, with interest on the
payments, as determined appropriate by the Secretary.
``(C) Compatible uses.--Land subject to a CLEAR 30 contract
may be used for compatible economic uses, including hunting and
fishing, managed timber harvest, or periodic haying or grazing,
if the use--
``(i) is specifically permitted by the conservation
reserve plan developed for the land; and
``(ii) is consistent with the long-term protection and
enhancement of the conservation resources for which the
contract was established.
``(7) Compensation.--
``(A) Amount of payments.--The Secretary shall provide
payment under this subsection to an owner of land enrolled
through a CLEAR 30 contract using 30 annual payments in an
amount equal to the amount that would be used if the land were
to be enrolled in the conservation reserve program under
section 1231(d)(3).
``(B) Form of payment.--Compensation for a CLEAR 30
contract shall be provided by the Secretary in the form of a
cash payment in an amount determined under subparagraph (A).
``(C) Timing.--The Secretary shall provide any annual
payment obligation under subparagraph (A) as early as
practicable in each fiscal year.
``(D) Payments to others.--The Secretary shall make a
payment, in accordance with regulations prescribed by the
Secretary, in a manner as the Secretary determines is fair and
reasonable under the circumstances, if an owner who is entitled
to a payment under this section--
``(i) dies;
``(ii) becomes incompetent;
``(iii) is succeeded by another person or entity who
renders or completes the required performance; or
``(iv) is otherwise unable to receive the payment.
``(8) Technical assistance.--
``(A) In general.--The Secretary shall assist owners in
complying with the terms and conditions of a CLEAR 30 contract.
``(B) 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 CLEAR 30 contract if the
Secretary determines that the contract or agreement will
advance the purposes of the conservation reserve program.
``(9) Administration.--
``(A) Conservation reserve plan.--The Secretary shall
develop a conservation reserve plan for any land subject to a
CLEAR 30 contract, which shall include practices and activities
necessary to maintain, protect, and enhance the conservation
value of the enrolled land.
``(B) Delegation of contract administration.--
``(i) Federal, state, or local government agencies.--
The Secretary may delegate any of the management,
monitoring, and enforcement responsibilities of the
Secretary under this subsection to other Federal, State, or
local government agencies that have the appropriate
authority, expertise, and resources necessary to carry out
those delegated responsibilities.
``(ii) Conservation organizations.--The Secretary may
delegate any management responsibilities of the Secretary
under this subsection to conservation organizations if the
Secretary determines the conservation organization has
similar expertise and resources.
``(b) Soil Health and Income Protection Pilot Program.--
``(1) Definition of eligible land.--In this subsection:
``(A) In general.--The term `eligible land' means cropland
that--
``(i) is selected by the owner or operator of the land
for proposed enrollment in the pilot program under this
subsection; and
``(ii) as determined by the Secretary--
``(I) is located within 1 or more States that are
part of the prairie pothole region, as selected by the
Secretary based on consultation with State Committees
of the Farm Service Agency and State technical
committees established under section 1261(a) from that
region;
``(II) had a cropping history or was considered to
be planted during each of the 3 crop years preceding
enrollment; and
``(III) is verified to be less-productive land, as
compared to other land on the applicable farm.
``(B) Exclusion.--The term `eligible land' does not include
any land that was enrolled in a conservation reserve program
contract in any of the 3 crop years preceding enrollment in the
pilot program under this subsection.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish a
voluntary soil health and income protection pilot program under
which eligible land is enrolled through the use of contracts to
assist owners and operators of eligible land to conserve and
improve the soil, water, and wildlife resources of the eligible
land.
``(B) Deadline for participation.--Eligible land may be
enrolled in the program under this section through December 31,
2020.
``(3) Contracts.--
``(A) Requirements.--A contract described in paragraph (2)
shall--
``(i) be entered into by the Secretary, the owner of
the eligible land, and (if applicable) the operator of the
eligible land; and
``(ii) provide that, during the term of the contract--
``(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 subparagraph (E), the
owner or operator of the eligible land shall pay the
cost of planting the conserving use cover crop under
subclause (I);
``(III) subject to subparagraph (F), the eligible
land may be harvested for seed, hayed, or grazed
outside the primary nesting season established for the
applicable county;
``(IV) the eligible land may be eligible for a
walk-in access program of the applicable State, if any;
and
``(V) a nonprofit wildlife organization may provide
to the owner or operator of the eligible land a payment
in exchange for an agreement by the owner or operator
not to harvest the conserving use cover.
``(B) Payments.--Except as provided in subparagraphs (E)
and (F)(ii)(II), the annual rental rate for a payment under a
contract described in paragraph (2) shall be equal to 50
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(C) Limitation on enrolled land.--Not more than 15
percent of the eligible land on a farm may be enrolled in the
pilot program under this subsection.
``(D) Term.--
``(i) In general.--Except as provided in clause (ii),
each contract described in paragraph (2) shall be for a
term of 3, 4, or 5 years, as determined by the parties to
the contract.
``(ii) Early termination.--
``(I) Secretary.--The Secretary may terminate a
contract described in paragraph (2) before the end of
the term described in clause (i) if the Secretary
determines that the early termination of the contract
is necessary.
``(II) Owners and operators.--An owner and (if
applicable) an operator of eligible land enrolled in
the pilot program under this subsection may terminate a
contract described in paragraph (2) before the end of
the term described in clause (i) if the owner and (if
applicable) the operator pay to the Secretary an amount
equal to the amount of rental payments received under
the contract.
``(E) Beginning, limited resource, socially disadvantaged,
or veteran farmers and ranchers.--With respect to a beginning,
limited resource, socially disadvantaged, or veteran farmer or
rancher, as determined by the Secretary--
``(i) a contract described in paragraph (2) shall
provide that, during the term of the contract, of the
actual cost of establishment of the conserving use cover
crop under subparagraph (A)(ii)(I)--
``(I) using the funds of the Commodity Credit
Corporation, the Secretary shall pay 50 percent; and
``(II) the beginning, limited resource, socially
disadvantaged, or veteran farmer or rancher shall pay
50 percent; and
``(ii) the annual rental rate for a payment under a
contract described in paragraph (2) shall be equal to 75
percent of the average rental rate for the applicable
county under section 1234(d), as determined by the
Secretary.
``(F) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under subparagraph (A)(ii)(III) outside of the
primary nesting season established for the applicable county
shall be subject to the conditions that--
``(i) 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
``(ii) with respect to eligible land that is so
harvested for seed--
``(I) the eligible land shall not be eligible to be
insured or reinsured under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.); and
``(II) the rental payment otherwise applicable to
the eligible land under this subsection shall be
reduced by 25 percent.
``(4) Acreage limitation.--Of the number of acres available for
enrollment in the conservation reserve under section 1231(d)(1),
not more than 50,000 total acres of eligible land may be enrolled
under the pilot program under this subsection.
``(5) Report.--The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an annual report
describing the eligible land enrolled in the pilot program under
this subsection, including--
``(A) the estimated conservation value of the land; and
``(B) estimated savings from reduced commodity payments,
crop insurance indemnities, and crop insurance premium
subsidies.''.
SEC. 2205. DUTIES OF OWNERS AND OPERATORS.
Section 1232(a) of the Food Security Act of 1985 (16 U.S.C.
3832(a)) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (9) the following:
``(10) on land devoted to hardwood or other trees, excluding
windbreaks and shelterbelts, to carry out proper thinning and other
practices--
``(A) to enhance the conservation benefits and wildlife
habitat resources addressed by the conservation practice under
which the land is enrolled; and
``(B) to promote forest management;''.
SEC. 2206. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a) of the Food
Security Act of 1985 (16 U.S.C. 3833(a)) is amended--
(1) in paragraph (1), by inserting ``, including the cost of
fencing and other water distribution practices, if applicable''
after ``interest''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``in an amount necessary to compensate'' and inserting ``, in
accordance with section 1234(d),'';
(B) in subparagraph (A)--
(i) by inserting ``, marginal pastureland,'' after
``cropland''; and
(ii) by adding ``or'' at the end;
(C) by striking subparagraph (B); and
(D) by redesignating subparagraph (C) as subparagraph (B).
(b) Specified Activities Permitted.--Section 1233 of the Food
Security Act of 1985 (16 U.S.C. 3833) is amended by striking subsection
(b) and inserting the following:
``(b) Specified Activities Permitted.--
``(1) In general.--The Secretary, in coordination with the
applicable State technical committee established under section
1261(a), shall permit certain activities or commercial uses of
established cover on land that is subject to a contract under the
conservation reserve program if--
``(A) those activities or uses--
``(i) are consistent with the conservation of soil,
water quality, and wildlife habitat;
``(ii) are subject to appropriate restrictions during
the primary nesting season for birds in the local area that
are economically significant, in significant decline, or
conserved in accordance with Federal or State law;
``(iii) contribute to the health and vigor of the
established cover; and
``(iv) are consistent with a site-specific plan,
including vegetative management requirements, stocking
rates, and frequency and duration of activity, taking into
consideration regional differences, such as climate, soil
type, and natural resources; and
``(B) the Secretary, in coordination with the State
technical committee, includes contract modifications--
``(i) without any reduction in the rental rate for--
``(I) emergency haying, emergency grazing, or other
emergency use of the forage in response to a localized
or regional drought, flooding, wildfire, or other
emergency, on all practices, outside the primary
nesting season, when--
``(aa) the county is designated as D2 (severe
drought) or greater according to the United States
Drought Monitor;
``(bb) there is at least a 40 percent loss in
forage production in the county; or
``(cc) the Secretary, in coordination with the
State technical committee, determines that the
program can assist in the response to a natural
disaster event without permanent damage to the
established cover;
``(II) emergency grazing on all practices during
the primary nesting season if payments are authorized
for a county under the livestock forage disaster
program under clause (ii) of section 1501(c)(3)(D) of
the Agricultural Act of 2014 (7 U.S.C. 9081(c)(3)(D)),
at 50 percent of the normal carrying capacity
determined under clause (i) of that section, adjusted
to the site-specific plan;
``(III) emergency haying on certain practices,
outside the primary nesting season, if payments are
authorized for a county under the livestock forage
disaster program under clause (ii) of section
1501(c)(3)(D) of the Agricultural Act of 2014 (7 U.S.C.
9081(c)(3)(D)), on not more than 50 percent of contract
acres, as identified in the site-specific plan;
``(IV) grazing of all practices, outside the
primary nesting season, if included as a mid-contract
management practice under section 1232(a)(5);
``(V) the intermittent and seasonal use of
vegetative buffer established under paragraphs (4) and
(5) of section 1231(b) that are incidental to
agricultural production on land adjacent to the buffer
such that the permitted use--
``(aa) does not destroy the permanent
vegetative cover; and
``(bb) retains suitable vegetative structure
for wildlife cover and shelter outside the primary
nesting season; or
``(VI) grazing on all practices, outside the
primary nesting season, if conducted by a beginning
farmer or rancher; or
``(ii) with a 25 percent reduction in the annual rental
rate for the acres covered by the authorized activity,
including--
``(I) grazing not more frequently than every other
year on the same land, except that during the primary
nesting season, grazing shall be subject to a 50
percent reduction in the stocking rate specified in the
site-specific plan;
``(II) grazing of all practices during the primary
nesting season, with a 50 percent reduction in the
stocking rate specified in the site-specific plan;
``(III) haying and other commercial use (including
the managed harvesting of biomass and excluding the
harvesting of vegetative cover), on the condition that
the activity--
``(aa) is completed outside the primary nesting
season;
``(bb) occurs not more than once every 3 years;
and
``(cc) maintains 25 percent of the total
contract acres unharvested, in accordance with a
site-specific plan that provides for wildlife cover
and shelter;
``(IV) annual grazing outside the primary nesting
season if consistent with a site-specific plan that is
authorized for the control of invasive species; and
``(V) the installation of wind turbines and
associated access, except that in permitting the
installation of wind turbines, the Secretary shall
determine the number and location of wind turbines that
may be installed, taking into account--
``(aa) the location, size, and other physical
characteristics of the land;
``(bb) the extent to which the land contains
threatened or endangered wildlife and wildlife
habitat; and
``(cc) the purposes of the conservation reserve
program under this subchapter.
``(2) Conditions on haying and grazing.--
``(A) In general.--The Secretary may permit haying or
grazing in accordance with paragraph (1) on any land or
practice subject to a contract under the conservation reserve
program.
``(B) Exceptions.--
``(i) Damage to vegetative cover.--Haying or grazing
described in paragraph (1) shall not be permitted on land
subject to a contract under the conservation reserve
program, or under a particular practice, if haying or
grazing for that year under that practice, as applicable,
would cause long-term damage to vegetative cover on that
land.
``(ii) Special agreements.--
``(I) In general.--Except as provided in subclause
(II), haying or grazing described in paragraph (1)
shall not be permitted on--
``(aa) land covered by a contract enrolled
under the State acres for wildlife enhancement
program established by the Secretary; or
``(bb) land covered by a contract enrolled
under a conservation reserve enhancement program
established under section 1231A or the Conservation
Reserve Enhancement Program established by the
Secretary under this subchapter.
``(II) Exception.--Subclause (I) shall not apply to
land on which haying or grazing is specifically
permitted under the applicable conservation reserve
enhancement program agreement or other partnership
agreement entered into under this subchapter.''.
(c) Natural Disaster or Adverse Weather as Mid-contract
Management.--Section 1233 of the Food Security Act of 1985 (16 U.S.C.
3833) is amended by adding at the end the following:
``(e) Natural Disaster or Adverse Weather as Mid-contract
Management.--In the case of a natural disaster or adverse weather event
that has the effect of a management practice consistent with the
conservation plan, the Secretary shall not require further management
practices pursuant to section 1232(a)(5) that are intended to achieve
the same effect.''.
SEC. 2207. PAYMENTS.
(a) Cost Sharing Payments.--Section 1234(b) of the Food Security
Act of 1985 (16 U.S.C. 3834(b)) is amended--
(1) by striking paragraphs (2) through (4) and inserting the
following:
``(2) Limitations.--
``(A) In general.--The Secretary shall ensure, to the
maximum extent practicable, that cost sharing payments to an
owner or operator under this subchapter, when combined with the
sum of payments from all other funding sources for measures and
practices described in paragraph (1), do not exceed 100 percent
of the total actual cost of establishing those measures and
practices, as determined by the Secretary.
``(B) Mid-contract management grazing.--The Secretary may
not make any cost sharing payment to an owner or operator under
this subchapter pursuant to section 1232(a)(5).
``(C) Seed cost.--In the case of seed costs related to the
establishment of cover, cost sharing payments under this
subchapter shall not exceed 50 percent of the actual cost of
the seed mixture, as determined by the Secretary.'';
(2) by redesignating paragraph (5) as paragraph (3);
(3) in paragraph (3) (as so redesignated), by striking ``An
owner'' and inserting ``Except in the case of incentive payments
that are related to the cost of the establishment of a practice and
received from eligible partners under the conservation reserve
enhancement program under section 1231A, an owner''; and
(4) by adding at the end the following:
``(4) Practice incentives for continuous practices.--In
addition to the cost sharing payment described in this subsection,
the Secretary shall make an incentive payment to an owner or
operator of land enrolled under section 1231(d)(6) in an amount not
to exceed 50 percent of the actual cost of establishing all
measures and practices described in paragraph (1), including seed
costs related to the establishment of cover, as determined by the
Secretary.''.
(b) Incentive Payments.--Section 1234(c) of the Food Security Act
of 1985 (16 U.S.C. 3834(c)) is amended--
(1) in the subsection heading, by striking ``Incentive'' and
inserting ``Forest Management Incentive'';
(2) in paragraph (1), by striking ``The Secretary'' and
inserting ``Using funds made available under section 1241(a)(1)(A),
the Secretary''; and
(3) in paragraph (2), by striking ``150 percent'' and inserting
``100 percent''.
(c) Annual Rental Payments.--Section 1234(d) of the Food Security
Act of 1985 (16 U.S.C. 3834(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``the Secretary may consider, among other
things, the amount'' and inserting the following: ``the
Secretary shall consider--
``(A) the amount'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(B) the impact on the local farmland rental market; and
``(C) such other factors as the Secretary determines to be
appropriate.'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``; or'' and inserting a
period;
(ii) by striking clause (ii); and
(iii) by striking ``determined through--'' in the
matter preceding clause (i) and all that follows through
``the submission of bids'' in clause (i) and inserting
``determined through the submission of applications'';
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following:
``(B) Multiple enrollments.--
``(i) In general.--Subject to clause (ii), if land
subject to a contract entered into under this subchapter is
reenrolled under section 1231(h)(1) or has been previously
enrolled in the conservation reserve, the annual rental
payment shall be in an amount that is not more than 85
percent in the case of general enrollment contacts, or 90
percent in the case of continuous enrollment contracts, of
the applicable estimated average county rental rate
published pursuant to paragraph (4) for the year in which
the reenrollment occurs.
``(ii) Conservation reserve enhancement program.--The
reduction in annual rental payments under clause (i) may be
waived as part of the negotiation between the Secretary and
an eligible partner to enter into a conservation reserve
enhancement program agreement under section 1231A.'';
(D) in subparagraph (C) (as so redesignated), by striking
``In the case'' and inserting ``Notwithstanding subparagraph
(A), in the case''; and
(E) by adding at the end the following:
``(D) Continuous sign-up incentives.--The Secretary shall
make an incentive payment to the owner or operator of land
enrolled under section 1231(d)(6) at the time of initial
enrollment in an amount equal to 32.5 percent of the amount of
the first annual rental payment under subparagraph (A).'';
(3) by striking paragraph (4);
(4) by redesignating paragraph (5) as paragraph (4); and
(5) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A)--
(i) by striking ``, not less frequently than once every
other year,'' and inserting ``annually''; and
(ii) by inserting ``, and shall publish the estimates
derived from the survey not later than September 15 of each
year'' before the period at the end;
(B) in subparagraph (B), by inserting ``and the average
current and previous soil rental rates for each county'' after
``subparagraph (A)'';
(C) in subparagraph (C), by striking ``may use'' and
inserting ``shall consider''; and
(D) by adding at the end the following:
``(D) Submission of additional information by state fsa
offices and crep partners.--
``(i) In general.--The Secretary shall provide an
opportunity for State Committees of the Farm Service Agency
or eligible partners (as defined in section 1231A(a)) in
conservation reserve enhancement programs under section
1231A to propose an alternative soil rental rate prior to
finalizing new rates, on the condition that documentation
described in clause (ii) is provided to support the
proposed alternative.
``(ii) Acceptable documentation.--Documentation
referred to in clause (i) includes--
``(I) an average of cash rents from a random sample
of lease agreements;
``(II) cash rent estimates from a published survey;
``(III) neighboring county estimate comparisons
from the National Agricultural Statistics Service;
``(IV) an average of cash rents from Farm Service
Agency farm business plans;
``(V) models that estimate cash rents, such as
models that use returns to estimate crop production or
land value data; or
``(VI) other documentation, as determined by the
Secretary.
``(iii) Notification.--Not less than 14 days prior to
the announcement of new or revised soil rental rates, the
Secretary shall offer a briefing to the Chairman and
Ranking Member of the Committee on Agriculture of the House
of Representatives and the Chairman and Ranking Member of
the Committee on Agriculture, Nutrition, and Forestry of
the Senate, including information on and the rationale for
the alternative rates proposed under clause (i) that were
accepted or rejected.
``(E) Rental rate limitation.--Notwithstanding forest
management incentive payments described in subsection (c), the
county average soil rental rate (before any adjustments
relating to specific practices, wellhead protection, or soil
productivity) shall not exceed--
``(i) 85 percent of the estimated rental rate
determined under this paragraph for general enrollment; or
``(ii) 90 percent of the estimated rental rate
determined under this paragraph for continuous
enrollment.''.
(d) Payment Limitation for Rental Payments.--Section 1234(g) of the
Food Security Act of 1985 (16 U.S.C. 3834(g)) is amended--
(1) in paragraph (1), by striking ``The total'' and inserting
``Except as provided in paragraph (2), the total''; and
(2) by striking paragraph (2) and inserting the following:
``(2) Wellhead protection.--Paragraph (1) and section 1001D(b)
shall not apply to rental payments received by a rural water
district or association for land that is enrolled under this
subchapter for the purpose of protecting a wellhead.''.
SEC. 2208. CONTRACTS.
(a) Transition Option for Certain Farmers or Ranchers.--Section
1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``retired farmer or rancher'' and inserting ``contract
holder'';
(B) by striking ``retired or retiring owner or operator''
each place it appears and inserting ``contract holder'';
(C) in subparagraph (A), in the matter preceding clause
(i), by striking ``1 year'' and inserting ``2 years'';
(D) in subparagraph (B), by inserting ``, including a lease
with a term of less than 5 years and an option to purchase''
after ``option to purchase'';
(E) in subparagraph (D), by striking ``; and'' and
inserting a semicolon;
(F) by redesignating subparagraph (E) as subparagraph (F);
and
(G) by inserting after subparagraph (D) the following:
``(E) give priority to the enrollment of the land covered
by the contract in--
``(i) the environmental quality incentives program
established under subchapter A of chapter 4;
``(ii) the conservation stewardship program established
under subchapter B of chapter 4; or
``(iii) the agricultural conservation easement program
established under subtitle H; and''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``The Secretary'' and inserting ``To the extent that the
maximum number of acres permitted to be enrolled under the
conservation reserve program has not been met, the Secretary'';
and
(B) by striking subparagraph (A) and inserting the
following:
``(A)(i) is carried out on land described in paragraph (4)
or (5) of section 1231(b); and
``(ii) is eligible for continuous enrollment under section
1231(d)(6); and''.
(b) End of Contract Considerations.--Section 1235(g) of the Food
Security Act of 1985 (16 U.S.C. 3835(g)) is amended to read as follows:
``(g) End of Contract Considerations.--The Secretary shall not
consider an owner or operator to be in violation of a term or condition
of the conservation reserve contract if--
``(1) during the year prior to expiration of the contract, the
owner or operator--
``(A)(i) enters into a contract under the environmental
quality incentives program established under subchapter A of
chapter 4; and
``(ii) begins the establishment of a practice under that
contract; or
``(B)(i) enters into a contract under the conservation
stewardship program established under subchapter B of chapter
4; and
``(ii) begins the establishment of a practice under that
contract; or
``(2) during the 3 years prior to the expiration of the
contract, the owner or operator begins the certification process
under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et
seq.).''.
SEC. 2209. 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 enrolled
under a Conservation Reserve Enhancement Program agreement initially
established before January 1, 2014 (including an amended or successor
Conservation Reserve Enhancement Program agreement, as determined by
the Secretary), 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)), on recommendation from and 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 not contrary to the purposes of that
program.
Subtitle C--Environmental Quality Incentives Program and Conservation
Stewardship Program
SEC. 2301. REPEAL OF CONSERVATION PROGRAMS.
(a) In General.--Chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq.) is amended--
(1) by striking the chapter designation and heading and
inserting the following:
``CHAPTER 4--ENVIRONMENTAL QUALITY INCENTIVES PROGRAM AND CONSERVATION
STEWARDSHIP PROGRAM
``Subchapter A--Environmental Quality Incentives Program''; and
(2) by inserting after section 1240H the following:
``Subchapter B--Conservation Stewardship Program''.
(b) Conservation Stewardship Program.--Subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C.
3838d et seq.) is amended--
(1) by redesignating sections 1238D through 1238G as sections
1240I through 1240L, respectively; and
(2) by moving sections 1240I through 1240L (as so redesignated)
so as to appear after the subchapter heading for subchapter B of
chapter 4 of subtitle D of title XII of that Act (as added by
subsection (a)(2)).
(c) Repeal.--
(1) In general.--Chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838 et seq.) (as amended by
subsection (b)) is repealed.
(2) Termination of conservation stewardship program.--Effective
on the date of enactment of this Act, the conservation stewardship
program under subchapter B of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in
effect on the day before the date of enactment of this Act) shall
cease to be effective.
(3) Transitional provisions.--
(A) Effect on existing contracts and agreements.--The
cessation of effectiveness under paragraph (2) shall not
affect--
(i) the validity or terms of any contract entered into
by the Secretary under subchapter B of chapter 2 of
subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3838d et seq.) before the date of enactment of
this Act, or any payments, modifications, or technical
assistance required to be made in connection with the
contract; or
(ii) subject to subparagraph (D), any agreement entered
into by the Secretary under the regional conservation
partnership program under subtitle I of title XII of the
Food Security Act of 1985 (16 U.S.C. 3871 et seq.) on or
before September 30, 2018, under which conservation
stewardship program acres and associated funding have been
allocated to the agreement for the purpose of entering into
a contract under subchapter B of chapter 2 of subtitle D of
title XII of that Act (16 U.S.C. 3838d et seq.) (as in
effect on the day before the date of enactment of this
Act).
(B) Extension permitted.--Notwithstanding paragraph (2),
the Secretary may extend for 1 year a contract described in
subparagraph (A)(i) if that contract expires on or before
December 31, 2019, under the terms and payment rate of the
existing contract and in accordance with subchapter B of
chapter 2 of subtitle D of title XII of the Food Security Act
of 1985 (16 U.S.C. 3838d et seq.) (as in effect on the day
before the date of enactment of this Act).
(C) Renewal not permitted.--
(i) In general.--Notwithstanding subparagraph (A), and
subject to clause (ii), the Secretary may not renew a
contract or agreement described in that subparagraph.
(ii) Exception.--The Secretary may renew a contract
described in subparagraph (A)(i)--
(I) if that contract expires on or after December
31, 2019;
(II) under the terms of the conservation
stewardship program under subchapter B of chapter 4 of
subtitle D of title XII of the Food Security Act of
1985 (as added by subsections (a)(2) and (b)); and
(III) subject to the limitation on funding for that
subchapter under section 1241 of the Food Security Act
of 1985 (16 U.S.C. 3841).
(D) RCPP contracts.--
(i) Treatment of acreage.--In the case of an agreement
described in subparagraph (A)(ii), the Secretary may
provide an amount of funding that is equivalent to the
value of any acres covered by the agreement.
(ii) Funds and acres not obligated.--In the case of an
agreement described in subparagraph (A)(ii) to which
program acres and associated funding have been allocated
but not yet obligated to enter into a contract under
subchapter B of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in
effect on the day before the date of enactment of this
Act)--
(I) the Secretary shall modify the agreement to
authorize the entrance into a contract under subchapter
B of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (as added by subsections (a)(2)
and (b)); and
(II) the funds associated with the conservation
stewardship program acres allocated under that
agreement, on modification under subclause (I), may be
used to enter into conservation stewardship program
contracts with producers under subchapter B of chapter
4 of subtitle D of title XII of the Food Security Act
of 1985 (as added by subsections (a)(2) and (b)).
(4) Contract administration.--Subject to paragraphs (3)(C) and
(3)(D)(ii)(II), the Secretary shall administer each contract and
agreement described in clauses (i) and (ii) of paragraph (3)(A)
until the expiration of the contract or agreement in accordance
with the regulations to carry out the conservation stewardship
program under subchapter B of chapter 2 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3838d et seq.) (as in
effect on the day before the date of enactment of this Act) that
are in effect on the day before that date of enactment.
(5) Funding.--Notwithstanding paragraphs (1) and (2), any funds
made available from the Commodity Credit Corporation under section
1241(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(4))
for fiscal years 2014 through 2018 shall be available to carry
out--
(A) any contract or agreement described in paragraph
(3)(A)(i) for fiscal year 2019;
(B) any contract or agreement described in paragraph
(3)(A)(ii);
(C) any contract extended under paragraph (3)(B); and
(D) any contract or agreement under subchapter B of chapter
4 of subtitle D of title XII of the Food Security Act of 1985
(as added by subsections (a)(2) and (b)).
(d) Conforming Amendments.--
(1) Food security act of 1985.--
(A) Section 1211(a)(3)(A) of the Food Security Act of 1985
(16 U.S.C. 3811(a)(3)(A)) is amended by inserting ``subchapter
A of'' before ``chapter 4''.
(B) Section 1221(b)(3)(A) of the Food Security Act of 1985
(16 U.S.C. 3821(b)(3)(A)) is amended by inserting ``subchapter
A of'' before ``chapter 4''.
(C) Section 1240J(b)(1) of the Food Security Act of 1985
(as redesignated by subsection (b)(1)) is amended by striking
subparagraph (C).
(D) Section 1240 of the Food Security Act of 1985 (16
U.S.C. 3839aa) is amended in the matter preceding paragraph (1)
by striking ``chapter'' and inserting ``subchapter''.
(E) Section 1240A of the Food Security Act of 1985 (16
U.S.C. 3839aa-1) is amended by striking ``chapter'' each place
it appears and inserting ``subchapter''.
(F) Section 1240B(i)(2)(B) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(i)(2)(B)) is amended by striking
``chapter'' and inserting ``subchapter''.
(G) Section 1240C(b) of the Food Security Act of 1985 (16
U.S.C. 3839aa-3(b)) is amended in the matter preceding
paragraph (1) by striking ``chapter'' and inserting
``subchapter''.
(H) Section 1240E(b)(2) of the Food Security Act of 1985
(16 U.S.C. 3839aa-5(b)(2)) is amended by striking ``chapter''
and inserting ``subchapter''.
(I) Section 1240G of the Food Security Act of 1985 (16
U.S.C. 3839aa-7) is amended by striking ``chapter'' each place
it appears and inserting ``subchapter''.
(J) Section 1240H of the Food Security Act of 1985 (16
U.S.C. 3839aa-8) is amended by striking ``chapter'' each place
it appears and inserting ``subchapter''.
(K) Section 1244(c)(3) of the Food Security Act of 1985 (16
U.S.C. 3844(c)(3)) is amended by inserting ``subchapter A of''
before ``chapter 4''.
(L) Section 1244(l) of the Food Security Act of 1985 (16
U.S.C. 3844(l)) is amended--
(i) by striking ``chapter 2'' and inserting ``chapter
4''; and
(ii) by inserting ``subchapter A of'' after
``incentives program under''.
(2) Other laws.--
(A) Section 344(f)(8) of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1344(f)(8)) is amended by inserting ``subchapter
A of'' before ``chapter 4''.
(B) Section 377 of the Agricultural Adjustment Act of 1938
(7 U.S.C. 1377) is amended by inserting ``subchapter A of''
before ``chapter 4''.
(C) Paragraph (1) of the last proviso of the matter under
the heading ``conservation reserve program'' under the heading
``Soil Bank Programs'' of title I of the Department of
Agriculture and Farm Credit Administration Appropriation Act,
1959 (7 U.S.C. 1831a), is amended by inserting ``subchapter A
of'' before ``chapter 4''.
(D) Section 8(b)(1) of the Soil Conservation and Domestic
Allotment Act (16 U.S.C. 590h(b)(1)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
(E) Section 1271(c)(3)(C) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (16 U.S.C. 2106a(c)(3)(C))
is amended by inserting ``subchapter A of'' before ``chapter
4''.
(F) Section 304(a)(1) of the Lake Champlain Special
Designation Act of 1990 (33 U.S.C. 1270 note; Public Law 101-
596) is amended by inserting ``subchapter A of'' before
``chapter 4''.
(G) Section 202(c) of the Colorado River Basin Salinity
Control Act (43 U.S.C. 1592(c)) is amended by inserting
``subchapter A of'' before ``chapter 4''.
SEC. 2302. PURPOSES OF ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240 of the Food Security Act of 1985 (16 U.S.C. 3839aa) is
amended by striking paragraph (4) and inserting the following:
``(4) assisting producers to make beneficial, cost-effective
changes to production systems, including addressing identified,
new, or expected resource concerns related to organic production,
grazing management, fuels management, forest management, nutrient
management associated with crops and livestock, pest management,
irrigation management, adapting to, and mitigating against,
increasing weather volatility, drought resiliency measures, or
other practices on agricultural and forested land.''.
SEC. 2303. DEFINITIONS UNDER ENVIRONMENTAL QUALITY INCENTIVES PROGRAM.
Section 1240A of the Food Security Act of 1985 (16 U.S.C. 3839aa-1)
is amended--
(1) by redesignating paragraphs (1), (2), (3), (4) and (5) as
paragraphs (2), (4), (5), (6), and (8), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the
following:
``(1) Conservation planning assessment.--The term `conservation
planning assessment' means a report, as determined by the
Secretary, that--
``(A) is developed by--
``(i) a State or unit of local government (including a
conservation district);
``(ii) a Federal agency; or
``(iii) a third-party provider certified under section
1242(e) (including a certified rangeland professional);
``(B) assesses rangeland or cropland function and describes
conservation activities to enhance the economic and ecological
management of that land; and
``(C) can be incorporated into a comprehensive planning
document required by the Secretary for enrollment in a
conservation program of the Department of Agriculture.'';
(3) in paragraph (2) (as so redesignated), in subparagraph
(B)(vi)--
(A) by inserting ``environmentally sensitive areas,'' after
``marshes,''; and
(B) by inserting ``identified or expected'' before
``resource concerns'';
(4) by inserting after paragraph (2) (as so redesignated) the
following:
``(3) Incentive practice.--The term `incentive practice' means
a practice or set of practices approved by the Secretary that, when
implemented and maintained on eligible land, address 1 or more
priority resource concerns.'';
(5) in paragraph (6) (as so redesignated)--
(A) in subparagraph (A)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) by redesignating clause (v) as clause (vii); and
(iii) by inserting after clause (iv) the following:
``(v) soil testing;
``(vi) soil remediation to be carried out by the
producer; and''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) by redesignating clause (ii) as clause (vi); and
(iii) by inserting after clause (i) the following:
``(ii) planning for resource-conserving crop rotations
(as defined in section 1240L(d)(1));
``(iii) soil health planning, including increasing soil
organic matter and the use of cover crops;
``(iv) a conservation planning assessment;
``(v) precision conservation management planning;
and'';
(6) by inserting after paragraph (6) (as so redesignated) the
following:
``(7) Priority resource concern.--The term `priority resource
concern' means a natural resource concern or problem, as determined
by the Secretary, that--
``(A) is identified at the national, State, or local level
as a priority for a particular area of a State; and
``(B) represents a significant concern in a State or
region.''; and
(7) by adding at the end the following:
``(9) Soil remediation.--The term `soil remediation' means
scientifically based practices that--
``(A) ensure the safety of producers from contaminants in
soil;
``(B) limit contaminants in soil from entering agricultural
products for human or animal consumption; and
``(C) regenerate and sustain the soil.
``(10) Soil testing.--The term `soil testing' means the
evaluation of soil health, including testing for--
``(A) the optimal level of constituents in the soil, such
as organic matter, nutrients, and the potential presence of
soil contaminants, including heavy metals, volatile organic
compounds, polycyclic aromatic hydrocarbons, or other
contaminants; and
``(B) the biological and physical characteristics
indicative of proper soil functioning.''.
SEC. 2304. ESTABLISHMENT AND ADMINISTRATION OF ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
(a) Establishment.--Section 1240B(a) of the Food Security Act of
1985 (16 U.S.C. 3839aa-2(a)) is amended by striking ``2019'' and
inserting ``2023''.
(b) Payments.--Section 1240B(d) of the Food Security Act of 1985
(16 U.S.C. 3839aa-2(d)) is amended--
(1) in paragraph (4)(B)--
(A) in clause (i)--
(i) by striking ``Not more than'' and inserting ``On an
election by a producer described in subparagraph (A), the
Secretary shall provide at least'';
(ii) by striking ``may be provided''; and
(iii) by striking ``the purpose of'' and inserting
``all costs related to''; and
(B) by adding at the end the following:
``(iii) Notification and documentation.--The Secretary
shall--
``(I) notify each producer described in
subparagraph (A), at the time of enrollment in the
program, of the option to receive advance payments
under clause (i); and
``(II) document the election of each producer
described in subparagraph (A) to receive advance
payments under clause (i) with respect to each practice
that has costs described in that clause.''; and
(2) by adding at the end the following:
``(7) 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 not more than 10 practices
to be eligible for increased payments under subparagraph (B),
on the condition that the practice, as determined by the
Secretary--
``(i) addresses specific causes of impairment relating
to excessive nutrients in groundwater or surface water;
``(ii) addresses the conservation of water to advance
drought mitigation and declining aquifers;
``(iii) meets other environmental priorities and other
priority resource concerns identified in habitat or other
area restoration plans; or
``(iv) is geographically targeted to address a natural
resource concern in a specific watershed.
``(B) Increased payments.--Notwithstanding paragraph (2),
in the case of a practice designated under subparagraph (A),
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.''.
(c) Allocation of Funding.--Section 1240B(f) of the Food Security
Act of 1985 (16 U.S.C. 3839aa-2(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``2014 through 2018'' and inserting ``2019
through 2023'';
(B) by striking ``60'' and inserting ``50''; and
(C) by striking ``production.'' and inserting ``production,
including grazing management practices.''; and
(2) in paragraph (2)--
(A) by striking ``For each'' and inserting the following:
``(A) Fiscal years 2014 through 2018.--For each''; and
(B) by adding at the end the following:
``(B) Fiscal years 2019 through 2023.--For each of fiscal
years 2019 through 2023, at least 10 percent of the funds made
available for payments under the program shall be targeted at
practices benefitting wildlife habitat under subsection (g).''.
(d) Wildlife Habitat Incentive Program.--Section 1240B(g) of the
Food Security Act of 1985 (16 U.S.C. 3839aa-2(g)) is amended by adding
at the end the following:
``(3) Maximum term.--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 as
described in paragraph (1), notwithstanding any maximum contract
term established by the Secretary, the contract shall have a term
that does not exceed 10 years.
``(4) Included practices.--For the purpose of providing
seasonal wetland habitat for waterfowl and migratory birds, a
practice that is eligible for payment under paragraph (1) and
targeted for funding under subsection (f) may include--
``(A) a practice to carry out postharvest flooding; or
``(B) a practice to maintain the hydrology of temporary and
seasonal wetlands of not more than 2 acres to maintain
waterfowl and migratory bird habitat on working cropland.''.
(e) Water Conservation or Irrigation Efficiency Practice.--Section
1240B(h) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(h)) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Availability of payments.--The Secretary may provide
water conservation and system efficiency payments under this
subsection to an entity described in paragraph (2) or a producer
for--
``(A) water conservation scheduling, water distribution
efficiency, soil moisture monitoring, or an appropriate
combination thereof;
``(B) irrigation-related structural or other measures that
conserve surface water or groundwater, including managed
aquifer recovery practices; or
``(C) a transition to water-conserving crops, water-
conserving crop rotations, or deficit irrigation.'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2) Eligibility of certain entities.--
``(A) In general.--Notwithstanding section 1001(f)(6), the
Secretary may enter into a contract under this subsection with
a State, irrigation district, groundwater management district,
acequia, land-grant mercedes, or similar entity under a
streamlined contracting process to implement water conservation
or irrigation practices under a watershed-wide project that
will effectively conserve water, provide fish and wildlife
habitat, or provide for drought-related environmental
mitigation, as determined by the Secretary.
``(B) Implementation.--Water conservation or irrigation
practices that are the subject of a contract entered into under
subparagraph (A) shall be implemented on--
``(i) eligible land of a producer; or
``(ii) land that is--
``(I) under the control of an irrigation district,
groundwater management district, acequia, land-grant
mercedes, or similar entity; and
``(II) adjacent to eligible land described in
clause (i), as determined by the Secretary.
``(C) 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 entered into under
this paragraph if the Secretary determines that the waiver is
necessary to fulfill the objectives of the project.
``(D) Contract limitations.--If the Secretary grants a
waiver under subparagraph (C), the Secretary may impose a
separate payment limitation for the contract with respect to
which the waiver applies.'';
(4) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``to a producer'' and inserting ``under this subsection'';
(B) in subparagraph (A), by striking ``the eligible land of
the producer is located, there is a reduction in water use in
the operation of the producer'' and inserting ``the land on
which the practices will be implemented is located, there is a
reduction in water use in the operation on that land''; and
(C) in subparagraph (B), by inserting ``except in the case
of an application under paragraph (2),'' before ``the producer
agrees''; and
(5) by adding at the end the following:
``(4) Effect.--Nothing in this subsection authorizes the
Secretary to modify the process for determining the annual
allocation of funding to States under the program.''.
(f) Payments for Conservation Practices Related to Organic
Production.--Section 1240B(i)(3) of the Food Security Act of 1985 (16
U.S.C. 3839aa-2(i)(3)) is amended--
(1) in the first sentence, by striking ``Payments'' and
inserting the following:
``(A) In general.--Payments'';
(2) in the second sentence, by striking ``In applying these
limitations'' and inserting the following:
``(B) Technical assistance.--In applying the limitations
under subparagraph (A)''; and
(3) in subparagraph (A) (as so designated)--
(A) by striking ``aggregate, $20,000 per year or $80,000
during any 6-year period.'' and inserting the following:
``aggregate--
``(i) through fiscal year 2018--
``(I) $20,000 per year; or
``(II) $80,000 during any 6-year period; and''; and
(B) by adding at the end the following:
``(ii) during the period of fiscal years 2019 through
2023, $140,000.''.
(g) Conservation Incentive Contracts.--Section 1240B of the Food
Security Act of 1985 (16 U.S.C. 3839aa-2) is amended by adding at the
end the following:
``(j) Conservation Incentive Contracts.--
``(1) Identification of eligible priority resource concerns for
states.--
``(A) In general.--The Secretary, in consultation with the
applicable State technical committee established under section
1261(a), shall identify watersheds (or other appropriate
regions or areas within a State) and the corresponding priority
resource concerns for those watersheds or other regions or
areas that are eligible to be the subject of an incentive
contract under this subsection.
``(B) Limitation.--For each of the relevant land uses
within the watersheds, regions, or other areas identified under
subparagraph (A), the Secretary shall identify not more than 3
eligible priority resource concerns.
``(2) Contracts.--
``(A) Authority.--
``(i) In general.--The Secretary shall enter into
contracts with producers under this subsection that require
the implementation, adoption, management, and maintenance
of incentive practices that effectively address at least 1
eligible priority resource concern identified under
paragraph (1) for the term of the contract.
``(ii) Inclusions.--Through a contract entered into
under clause (i), the Secretary may provide--
``(I) funding, through annual payments, for certain
incentive practices to attain increased levels of
conservation on eligible land; or
``(II) assistance, through a practice payment, to
implement an incentive practice.
``(B) Term.--A contract under this subsection shall have a
term of not less than 5, and not more than 10, years.
``(C) Prioritization.--Notwithstanding section 1240C, the
Secretary shall develop criteria for evaluating incentive
practice applications that--
``(i) give priority to applications that address
eligible priority resource concerns identified under
paragraph (1); and
``(ii) evaluate applications relative to other
applications for similar agriculture and forest operations.
``(3) Incentive practice payments.--
``(A) In general.--The Secretary shall provide payments to
producers through contracts entered into under paragraph (2)
for--
``(i) adopting and installing incentive practices; and
``(ii) managing, maintaining, and improving the
incentive practices for the duration of the contract, as
determined appropriate by the Secretary.
``(B) Payment amounts.--In determining the amount of
payments under subparagraph (A), the Secretary shall consider,
to the extent practicable--
``(i) the level and extent of the incentive practice to
be installed, adopted, completed, maintained, managed, or
improved;
``(ii) the cost of the installation, adoption,
completion, management, maintenance, or improvement of the
incentive practice;
``(iii) income foregone by the producer, including
payments, as appropriate, to address--
``(I) increased economic risk;
``(II) loss in revenue due to anticipated
reductions in yield; and
``(III) economic losses during transition to a
resource-conserving cropping system or resource-
conserving land use; and
``(iv) the extent to which compensation would ensure
long-term continued maintenance, management, and
improvement of the incentive practice.
``(C) Delivery of payments.--In making payments under
subparagraph (A), the Secretary shall, to the extent
practicable--
``(i) in the case of annual payments under paragraph
(2)(A)(ii)(I), make those payments as soon as practicable
after October 1 of each fiscal year for which increased
levels of conservation are maintained during the term of
the contract; and
``(ii) in the case of practice payments under paragraph
(2)(A)(ii)(II), make those payments as soon as practicable
on the implementation of an incentive practice.''.
SEC. 2305. 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. 2306. LIMITATION ON PAYMENTS UNDER ENVIRONMENTAL QUALITY
INCENTIVES PROGRAM.
Section 1240G of the Food Security Act of 1985 (16 U.S.C. 3839aa-7)
is amended--
(1) by striking ``A person'' and inserting ``Not including
payments made under section 1240B(j), a person''; and
(2) by inserting ``or the period of fiscal years 2019 through
2023,'' after ``2018,''.
SEC. 2307. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
(a) Competitive Grants for Innovative Conservation Approaches.--
Section 1240H(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-
8(a)(2)) is amended--
(1) in subparagraph (A), by striking ``program;'' and inserting
``program or community colleges (as defined in section 1473E(a) of
the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3319e(a))) carrying out demonstration
projects on land of the community college;'';
(2) by redesignating subparagraphs (E) and (F) as subparagraphs
(G) and (H), respectively; and
(3) by inserting after subparagraph (D) the following:
``(E) partner with farmers to develop innovative practices
for urban, indoor, or other emerging agricultural operations;
``(F) utilize edge-of-field and other monitoring practices
on farms--
``(i) to quantify the impacts of practices implemented
under the program; and
``(ii) to assist producers in making the best
conservation investments for the operations of the
producers;''.
(b) Air Quality Concerns From Agricultural Operations.--Section
1240H(b)(2) of the Food Security Act of 1985 (16 U.S.C. 3839aa-8(b)(2))
is amended by striking ``$25,000,000 for each of fiscal years 2009
through 2018'' and inserting ``$37,500,000 for each of fiscal years
2019 through 2023''.
(c) On-Farm Conservation Innovation Trials; Reporting and
Database.--Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8) is amended by striking subsection (c) and inserting the
following:
``(c) On-Farm Conservation Innovation Trials.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means,
as determined by the Secretary--
``(i) a third-party private entity the primary business
of which is related to agriculture;
``(ii) a nongovernmental organization with experience
working with agricultural producers; or
``(iii) a governmental organization.
``(B) New or innovative conservation approach.--The term
`new or innovative conservation approach' means--
``(i) new or innovative--
``(I) precision agriculture technologies;
``(II) enhanced nutrient management plans, nutrient
recovery systems, and fertilization systems;
``(III) soil health management systems, including
systems to increase soil carbon levels;
``(IV) water management systems;
``(V) resource-conserving crop rotations (as
defined in section 1240L(d)(1));
``(VI) cover crops; and
``(VII) irrigation systems; and
``(ii) any other conservation approach approved by the
Secretary as new or innovative.
``(2) Testing new or innovative conservation approaches.--Using
$25,000,000 of the funds made available to carry out this
subchapter for each of fiscal years 2019 through 2023, the
Secretary shall carry out on-farm conservation innovation trials,
on eligible land of producers, to test new or innovative
conservation approaches--
``(A) directly with producers; or
``(B) through eligible entities.
``(3) Incentive payments.--
``(A) Agreements.--In carrying out paragraph (2), the
Secretary shall enter into agreements with producers (either
directly or through eligible entities) on whose land an on-farm
conservation innovation trial is being carried out to provide
payments (including payments to compensate for foregone income,
as appropriate to address the increased economic risk
potentially associated with new or innovative conservation
approaches) to the producers to assist with adopting and
evaluating new or innovative conservation approaches to achieve
conservation benefits.
``(B) Adjusted gross income requirements.--
``(i) In general.--Adjusted gross income requirements
under section 1001D(b)(1) shall--
``(I) apply to producers receiving payments under
this subsection; and
``(II) be enforced by the Secretary.
``(ii) Reporting.--An eligible entity participating in
an on-farm conservation innovation trial under this
subsection shall report annually to the Secretary on the
amount of payments made to individual farm operations under
this subsection.
``(C) Limitation on administrative expenses.--None of the
funds made available to carry out this subsection may be used
to pay for the administrative expenses of an eligible entity.
``(D) Length of agreements.--An agreement entered into
under subparagraph (A) shall be for a period determined by the
Secretary that is--
``(i) not less than 3 years; and
``(ii) if appropriate, more than 3 years, including if
such a period is appropriate to support--
``(I) adaptive management over multiple crop years;
and
``(II) adequate data collection and analysis by a
producer or eligible entity to report the natural
resource and agricultural production benefits of the
new or innovative conservation approaches to the
Secretary.
``(4) Flexible adoption.--The scale of adoption of a new or
innovative conservation approach under an on-farm conservation
innovation trial under an agreement under paragraph (2) may include
multiple scales on an operation, including whole farm, field-level,
or sub-field scales.
``(5) Technical assistance.--The Secretary shall provide
technical assistance--
``(A) to each producer or eligible entity participating in
an on-farm conservation innovation trial under paragraph (2)
with respect to the design, installation, and management of the
new or innovative conservation approaches; and
``(B) to each eligible entity participating in an on-farm
conservation innovation trial under paragraph (2) with respect
to data analyses of the on-farm conservation innovation trial.
``(6) Geographic scope.--The Secretary shall identify a
diversity of geographic regions of the United States in which to
establish on-farm conservation innovation trials under paragraph
(2), taking into account factors such as soil type, cropping
history, and water availability.
``(7) Soil health demonstration trial.--Using funds made
available to carry out this subsection, the Secretary shall carry
out a soil health demonstration trial under which the Secretary
coordinates with eligible entities--
``(A) to provide incentives to producers to implement
conservation practices that--
``(i) improve soil health;
``(ii) increase carbon levels in the soil; or
``(iii) meet the goals described in clauses (i) and
(ii);
``(B) to establish protocols for measuring carbon levels in
the soil and testing carbon levels on land where conservation
practices described in subparagraph (A) were applied to
evaluate gains in soil health as a result of the practices
implemented by the producers in the soil health demonstration
trial; and
``(C)(i) not later than September 30, 2020, to initiate a
study regarding changes in soil health and, if feasible,
economic outcomes, generated as a result of the conservation
practices described in subparagraph (A) that were applied by
producers through the soil health demonstration trial; and
``(ii) to submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate annual reports on the
progress and results of the study under clause (i).
``(d) Reporting and Database.--
``(1) Report required.--Not later than September 30, 2019, and
every 2 years 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 on the status of activities funded under this section,
including--
``(A) funding awarded;
``(B) results of the activities, including, if feasible,
economic outcomes;
``(C) incorporation of findings from the activities, such
as new technology and innovative approaches, into the
conservation efforts implemented by the Secretary; and
``(D) on completion of the study required under subsection
(c)(7)(C), the findings of the study.
``(2) Conservation practice database.--
``(A) In general.--The Secretary shall use the data
reported under paragraph (1) to establish and maintain a
publicly available conservation practice database that
provides--
``(i) a compilation and analysis of effective
conservation practices for soil health, nutrient
management, and source water protection in varying soil
compositions, cropping systems, slopes, and landscapes; and
``(ii) a list of recommended new and effective
conservation practices.
``(B) Privacy.--Information provided under subparagraph (A)
shall be transformed into a statistical or aggregate form so as
to not include any identifiable or personal information of
individual producers.''.
SEC. 2308. CONSERVATION STEWARDSHIP PROGRAM.
(a) Definitions.--Section 1240I of the Food Security Act of 1985
(as redesignated by section 2301(b)) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(iii) development of a comprehensive conservation
plan, as defined in section 1240L(e)(1);
``(iv) soil health planning, including planning to
increase soil organic matter; and
``(v) activities that will assist a producer to adapt
to, or mitigate against, increasing weather volatility.'';
and
(2) in paragraph (7), by striking the period at the end and
inserting the following: ``through the use of--
``(A) quality criteria under a resource management system;
``(B) predictive analytics tools or models developed or
approved by the Natural Resources Conservation Service;
``(C) data from past and current enrollment in the program;
and
``(D) other methods that measure conservation and
improvement in priority resource concerns, as determined by the
Secretary.''.
(b) Conservation Stewardship Program.--
(1) Establishment.--Subsection (a) of section 1240J of the Food
Security Act of 1985 (as redesignated by section 2301(b)) is
amended in the matter preceding paragraph (1) by striking ``2014
through 2018'' and inserting ``2019 through 2023''.
(2) Exclusions.--Subsection (b)(2) of section 1240J of the Food
Security Act of 1985 (as redesignated by section 2301(b)) is
amended in the matter preceding paragraph (1) by striking ``the
Agricultural Act of 2014'' and inserting the ``Agriculture
Improvement Act of 2018''.
(c) Stewardship Contracts.--Section 1240K of the Food Security Act
of 1985 (as redesignated by section 2301(b)) 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) and contract renewals under subsection
(e), the Secretary shall rank applications based on--
``(i) the natural resource conservation and
environmental benefits that result from the conservation
treatment on all applicable priority resource concerns at
the time of submission of the application;
``(ii) the degree to which the proposed conservation
activities increase natural resource conservation and
environmental benefits; and
``(iii) other consistent criteria, as determined by the
Secretary.
``(B) Additional criterion.--If 2 or more applications
receive the same ranking under subparagraph (A), the Secretary
shall rank those contracts based on the extent to which the
actual and anticipated conservation benefits from each contract
are provided at the lowest cost relative to other similarly
beneficial contract offers.'';
(2) in subsection (c)--
(A) by striking ``the program under subsection (a)'' and
inserting ``a contract or contract renewal under this
section'';
(B) by inserting ``or contract renewal'' before ``offer
ranks'';
(C) by inserting ``or contract renewal'' after
``stewardship contract''; and
(D) by adding ``or contract renewal'' before the period at
the end;
(3) in subsection (d)(2)(A), by striking ``1238G(d)'' and
inserting ``1240L(c)''; and
(4) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``At
the end'' and all that follows through ``period'' the second
place it appears and inserting the following: ``The Secretary
may provide the producer an opportunity to renew an existing
contract in the first half of the fifth year of the contract
period'';
(B) in paragraph (1), by striking ``initial'' and inserting
``existing'';
(C) in paragraph (2)--
(i) by inserting ``new or improved'' after
``integrate''; and
(ii) by inserting ``demonstrating continued improvement
during the additional 5-year period,'' after
``operation,''; and
(D) in paragraph (3)(B), by striking ``to exceed the
stewardship threshold of'' and inserting ``to adopt or improve
conservation activities, as determined by the Secretary, to
achieve higher levels of performance with respect to not less
than''.
(d) Duties of Secretary.--Section 1240L of the Food Security Act of
1985 (as redesignated by section 2301(b)) is amended--
(1) in subsection (b), in the matter preceding paragraph (1),
by striking ``acres'' and inserting ``funding'';
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively;
(4) in subsection (c) (as so redesignated), by adding at the
end the following:
``(5) Payment for cover crop activities.--The amount of a
payment under this subsection for cover crop activities shall be
not less than 125 percent of the annual payment amount determined
by the Secretary under paragraph (2).'';
(5) in subsection (d) (as so redesignated)--
(A) in the subsection heading, by inserting ``and Advanced
Grazing Management'' after ``Rotations'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (1) and (4) as paragraphs
(2) and (1), respectively, and moving the paragraphs so as to
appear in numerical order;
(D) in paragraph (1) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (D) and
(E) as clauses (i) through (iv) and (vi), respectively, and
indenting appropriately;
(ii) by striking the paragraph designation and all that
follows through ``the term'' in the matter preceding clause
(i) (as so redesignated) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Advanced grazing management.--The term `advanced
grazing management' means the use of a combination of grazing
practices (as determined by the Secretary), which may include
management-intensive rotational grazing, that provide for--
``(i) improved soil health and carbon sequestration;
``(ii) drought resilience;
``(iii) wildlife habitat;
``(iv) wildfire mitigation;
``(v) control of invasive plants; and
``(vi) water quality improvement.
``(B) Management-intensive rotational grazing.--The term
`management-intensive rotational grazing' means a strategic,
adaptively managed multipasture grazing system in which animals
are regularly and systematically moved to fresh pasture in a
manner that--
``(i) maximizes the quantity and quality of forage
growth;
``(ii) improves manure distribution and nutrient
cycling;
``(iii) increases carbon sequestration from greater
forage harvest;
``(iv) improves the quality and quantity of cover for
wildlife;
``(v) provides permanent cover to protect the soil from
erosion; and
``(vi) improves water quality.
``(C) Resource-conserving crop rotation.--The term''; and
(iii) in subparagraph (C) (as so designated)--
(I) in clause (iv) (as so redesignated), by
striking ``and'' at the end; and
(II) by inserting after clause (iv) (as so
redesignated) the following:
``(v) builds soil organic matter; and'';
(E) in paragraph (2) (as so redesignated), by striking
``improve resource-conserving'' and all that follows through
the period at the end and inserting the following: ``improve,
manage, and maintain--
``(A) resource-conserving crop rotations; or
``(B) advanced grazing management.'';
(F) in paragraph (3)--
(i) by striking ``paragraph (1)'' and inserting
``paragraph (2)''; and
(ii) by striking ``and maintain'' and all that follows
through the period at the end and inserting ``or improve,
manage, and maintain resource-conserving crop rotations or
advanced grazing management for the term of the
contract.''; and
(G) by adding at the end the following:
``(4) Amount of payment.--An additional payment provided under
paragraph (2) shall be not less than 150 percent of the annual
payment amount determined by the Secretary under subsection
(c)(2).'';
(6) by inserting after subsection (d) (as so redesignated) the
following:
``(e) Payment for Comprehensive Conservation Plan.--
``(1) Definition of comprehensive conservation plan.--In this
subsection, the term `comprehensive conservation plan' means a
conservation plan that meets or exceeds the stewardship threshold
for each priority resource concern identified by the Secretary
under subsection (a)(2).
``(2) Payment for comprehensive conservation plan.--The
Secretary shall provide a 1-time payment to a producer that
develops a comprehensive conservation plan.
``(3) Amount of payment.--The Secretary shall determine the
amount of payment under paragraph (2) based on--
``(A) the number of priority resource concerns addressed in
the comprehensive conservation plan; and
``(B) the number of types of land uses included in the
comprehensive conservation plan.'';
(7) in subsection (f), by striking ``2014 through 2018'' and
inserting ``2019 through 2023'';
(8) in subsection (h)--
(A) by striking the subsection designation and heading and
all that follows through ``The Secretary'' and inserting the
following:
``(h) Organic Certification.--
``(1) Coordination.--The Secretary''; and
(B) by adding at the end the following:
``(2) Allocation.--
``(A) In general.--Using funds made available for the
program for each of fiscal years 2019 through 2023, the
Secretary shall allocate funding to States to support organic
production and transition to organic production through
paragraph (1).
``(B) Determination.--The Secretary shall determine the
allocation to a State under subparagraph (A) based on--
``(i) the number of certified and transitioning organic
operations within the State; and
``(ii) the number of acres of certified and
transitioning organic production within the State.''; and
(9) by adding at the end the following:
``(j) 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 subchapter A, including applications, contracting,
conservation planning, conservation practices, and related
administrative procedures.
``(k) Soil Health.--To the maximum extent feasible, the Secretary
shall manage the program to enhance soil health.
``(l) 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 the payment rates for conservation activities offered
to producers under the program and an analysis of whether payment rates
can be reduced for the most expensive conservation activities.''.
SEC. 2309. GRASSLAND CONSERVATION INITIATIVE.
Subchapter B of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (as added by subsections (a)(2) and (b) of section
2301) is amended by adding at the end the following:
``SEC. 1240L-1. GRASSLAND CONSERVATION INITIATIVE.
``(a) Definitions.--In this section:
``(1) Eligible land.--Notwithstanding sections 1240I(4) and
1240J(b)(2), the term `eligible land' means cropland on a farm for
which base acres have been maintained by the Secretary under
section 1112(d)(3) of the Agricultural Act of 2014 (7 U.S.C.
9012(d)(3)).
``(2) Initiative.--The term `initiative' means the grassland
conservation initiative established under subsection (b).
``(b) Establishment and Purpose.--The Secretary shall establish
within the program a grassland conservation initiative for the purpose
of assisting producers in protecting grazing uses, conserving and
improving soil, water, and wildlife resources, and achieving related
conservation values by conserving eligible land through grassland
conservation contracts under subsection (e).
``(c) Election.--Beginning in fiscal year 2019, the Secretary shall
provide a 1-time election to enroll eligible land in the initiative
under a contract described in subsection (e).
``(d) Method of Enrollment.--The Secretary shall--
``(1) notwithstanding subsection (b) of section 1240K,
determine under subsection (c) of that section that eligible land
ranks sufficiently high under the evaluation criteria described in
subsection (b) of that section; and
``(2) enroll the eligible land in the initiative under a
contract described in subsection (e).
``(e) Grassland Conservation Contract.--
``(1) In general.--Notwithstanding section 1240K(a)(1), to
enroll eligible land in the initiative under a grassland
conservation contract, a producer shall agree--
``(A) to meet or exceed the stewardship threshold for not
less than 1 priority resource concern by the date on which the
contract expires; and
``(B) to comply with the terms and conditions of the
contract.
``(2) Terms.--A grassland conservation contract entered into
under this section shall--
``(A)(i) be for a single 5-year term; and
``(ii) not be subject to renewal or reenrollment under
section 1240K(e); and
``(B) be subject to section 1240K(d).
``(3) Early termination.--The Secretary shall allow a producer
that enters into a grassland conservation contract under this
section--
``(A) to terminate the contract at any time; and
``(B) to retain payments already received under the
contract.
``(f) Grassland Conservation Plan.--The grassland conservation plan
developed for eligible land shall be limited to--
``(1) eligible land; and
``(2) resource concerns and activities relating to grassland.
``(g) Payments.--
``(1) In general.--Beginning in fiscal year 2019, of the funds
made available for this subchapter under section 1241(a)(3)(B), and
notwithstanding any payment under title I of the Agriculture
Improvement Act of 2018, an amendment made by that title, or
section 1240L(c), the Secretary shall make annual grassland
conservation contract payments to the producer of any eligible land
that is the subject of a grassland conservation contract under this
section.
``(2) Payment noneligibility.--A grassland conservation
contract under this section shall not be--
``(A) eligible for payments under section 1240L(d); or
``(B) subject to the payment limitations under this
subchapter.
``(3) Limitation.--The amount of an annual payment under this
subsection shall be $18 per acre, not to exceed the number of base
acres on a farm.
``(h) Considered Planted.--The Secretary shall consider land
enrolled under a grassland conservation contract under this section
during a crop year to be planted or considered planted to a covered
commodity (as defined in section 1111 of the Agricultural Act of 2014
(7 U.S.C. 9011)) during that crop year.
``(i) Other Contracts.--A producer with an agricultural operation
that contains land eligible under this section and land eligible under
section 1240K--
``(1) may enroll the land eligible under this section through a
contract under this section or under section 1240K; and
``(2) shall not be prohibited from enrolling the land eligible
under section 1240K through a contract under section 1240K.''.
Subtitle D--Other Conservation Programs
SEC. 2401. WATERSHED PROTECTION AND FLOOD PREVENTION.
(a) Assistance to Local Organizations.--Section 3 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1003) is amended--
(1) by striking the section designation and all that follows
through ``In order to assist'' and inserting the following:
``SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.
``(a) In General.--In order to assist''; and
(2) by adding at the end the following:
``(b) Waiver.--The Secretary may waive the watershed plan for works
of improvement if the Secretary determines that--
``(1) the watershed plan is unnecessary or duplicative; and
``(2) the works of improvement are otherwise consistent with
applicable requirements under section 4.''.
(b) Authorization of Appropriations.--Section 14(h)(2)(E) of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(2)(E))
is amended by striking ``2018'' and inserting ``2023''.
(c) Funds of Commodity Credit Corporation.--The Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.) is amended
by adding at the end the following:
``SEC. 15. FUNDING.
``In addition to any other funds made available by this Act, of the
funds of the Commodity Credit Corporation, the Secretary shall make
available to carry out this Act $50,000,000 for fiscal year 2019 and
each fiscal year thereafter.''.
SEC. 2402. SOIL AND WATER RESOURCES CONSERVATION.
The Soil and Water Resources Conservation Act of 1977 (16 U.S.C.
2001 et seq.) is amended--
(1) in section 5(e) (16 U.S.C. 2004(e)), by striking ``and
December 31, 2015'' and inserting ``December 31, 2015, and December
31, 2022'';
(2) in section 6(d) (16 U.S.C. 2005(d)), by striking ``,
respectively'' and inserting ``, and a program update shall be
completed by December 31, 2023'';
(3) in section 7 (16 U.S.C. 2006)--
(A) in subsection (a), by striking ``and 2016'' and
inserting ``, 2016, and 2022''; and
(B) in subsection (b), in the matter preceding paragraph
(1), by striking ``and 2017'' and inserting ``, 2017, and
2023''; and
(4) in section 10 (16 U.S.C. 2009), by striking ``2018'' and
inserting ``2023''.
SEC. 2403. EMERGENCY CONSERVATION PROGRAM.
(a) Repair or Replacement of Fencing.--
(1) In general.--Section 401 of the Agricultural Credit Act of
1978 (16 U.S.C. 2201) is amended--
(A) by inserting ``wildfires,'' after ``hurricanes,'';
(B) by striking the section designation and all that
follows through ``The Secretary of Agriculture'' and inserting
the following:
``SEC. 401. EMERGENCY CONSERVATION PROGRAM.
``(a) In General.--The Secretary of Agriculture (referred to in
this title as the `Secretary')''; and
(C) by adding at the end the following:
``(b) Repair or Replacement of Fencing.--
``(1) In general.--With respect to a payment to an agricultural
producer under subsection (a) for the repair or replacement of
fencing, the Secretary shall give the agricultural producer the
option of receiving not more than 25 percent of the payment,
determined by the Secretary based on the applicable percentage of
the fair market value of the cost of the repair or replacement,
before the agricultural producer carries out the repair or
replacement.
``(2) Return of funds.--If the funds provided under paragraph
(1) are not expended by the end of the 60-day period beginning on
the date on which the agricultural producer receives those funds,
the funds shall be returned within a reasonable timeframe, as
determined by the Secretary.''.
(2) Conforming amendments.--
(A) Sections 402, 403, 404, and 405 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are
amended by striking ``Secretary of Agriculture'' each place it
appears and inserting ``Secretary''.
(B) Section 407(a) of the Agricultural Credit Act of 1978
(16 U.S.C. 2206(a)) is amended by striking paragraph (4).
(b) Cost Share Payments.--Title IV of the Agricultural Credit Act
of 1978 is amended by inserting after section 402 (16 U.S.C. 2202) the
following:
``SEC. 402A. COST-SHARE REQUIREMENT.
``(a) Cost-share Rate.--Subject to subsections (b) and (c), the
maximum cost-share payment under sections 401 and 402 shall not exceed
75 percent of the total allowable cost, as determined by the Secretary.
``(b) Exception.--Notwithstanding subsection (a), a payment to a
limited resource farmer or rancher, a socially disadvantaged farmer or
rancher (as defined in subsection (a) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), or a
beginning farmer or rancher under section 401 or 402 shall not exceed
90 percent of the total allowable cost, as determined by the Secretary.
``(c) Limitation.--The total payment under sections 401 and 402 for
a single event may not exceed 50 percent of the agriculture value of
the land, as determined by the Secretary.''.
(c) Payment Limitations.--Title IV of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201 et seq.) is amended by inserting after section
402A (as added by subsection (b)) the following:
``SEC. 402B. PAYMENT LIMITATION.
``The maximum payment made under the emergency conservation program
to an agricultural producer under sections 401 and 402 shall not exceed
$500,000.''.
(d) Watershed Protection Program.--Section 403 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2203) is amended--
(1) by striking the section heading and inserting ``emergency
watershed program''; and
(2) in subsection (a), by inserting ``watershed protection''
after ``emergency''.
(e) Funding and Administration.--Section 404 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2204) is amended--
(1) in the fourth sentence, by striking ``The Corporation'' and
inserting the following:
``(d) Limitation.--The Commodity Credit Corporation'';
(2) in the third sentence (as amended by subsection (a)(2)(A)),
by striking ``In implementing the provisions of'' and inserting the
following:
``(c) Use of Commodity Credit Corporation.--In implementing'';
(3) by striking the second sentence;
(4) by striking the section designation and all that follows
through ``There are authorized'' in the first sentence and
inserting the following:
``SEC. 404. FUNDING AND ADMINISTRATION.
``(a) Authorization of Appropriations.--There are authorized'';
(5) in subsection (a) (as so designated), by inserting ``, to
remain available until expended'' before the period at the end; and
(6) by inserting after subsection (a) (as so designated) the
following:
``(b) Set-aside for Fencing.--Of the amounts made available under
subsection (a) for a fiscal year, 25 percent shall be set aside until
April 1 of that fiscal year for the repair or replacement of
fencing.''.
SEC. 2404. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M of the Food Security Act of 1985 (16 U.S.C. 3839bb)
is amended--
(1) in subsection (c)(2), by adding at the end the following:
``(C) Partnerships.--In carrying out the program under this
section, the Secretary shall provide education and outreach
activities through partnerships with--
``(i) land-grant colleges and universities (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)); and
``(ii) nongovernmental organizations.''; and
(2) in subsection (e), by striking ``2018'' and inserting
``2023''.
SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
(a) Authorization of Appropriations.--Section 1240O(b)(1) of the
Food Security Act of 1985 (16 U.S.C. 3839bb-2(b)(1)) is amended by
striking ``2018'' and inserting ``2023''.
(b) Availability of Funds.--Section 1240O(b) of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2(b)) is amended by adding at the end the
following:
``(3) Additional funding.--In addition to any other funds made
available under this subsection, of the funds of the Commodity
Credit Corporation, the Secretary shall use $5,000,000 beginning in
fiscal year 2019, to remain available until expended.''.
SEC. 2406. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE PROGRAM.
Section 1240R of the Food Security Act of 1985 (16 U.S.C. 3839bb-5)
is amended--
(1) in subsections (a) and (c), by striking ``grants'' each
place it appears and inserting ``funding'';
(2) in subsections (b) and (d)(2), by striking ``a grant'' each
place it appears and inserting ``funding'';
(3) in subsection (c)(3) (as amended by section 2202(b)(1)), by
inserting ``or on land covered by a wetland reserve easement under
section 1265C'' before ``by providing''; and
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``2012 and'' and inserting ``2012,'';
and
(ii) by inserting ``, and $50,000,000 for the period of
fiscal years 2019 through 2023'' before the period at the
end;
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Enhanced public access to wetland reserve easements.--To
the maximum extent practicable, of the funds made available under
paragraph (1), the Secretary shall use $3,000,000 for the period of
fiscal years 2019 through 2023 to encourage public access to land
covered by wetland reserve easements under section 1265C through
agreements with States and tribal governments under this
section.''.
SEC. 2407. 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-3A7516-937, and
formalized by the Chief of the Natural Resources Conservation
Service on September 15, 2016, and by the Director of the United
States Fish and Wildlife Service on August 4, 2016, as in effect on
September 15, 2016; and
(2) United States Fish and Wildlife Service Director's Order
No. 217, dated August 9, 2016, as in effect on August 9, 2016.
(b) Expansion of Model.--The Secretary and the Secretary of the
Interior may expand the conservation model described in subsection (a)
through a new partnership agreement between the Farm Service Agency and
the United States Fish and Wildlife Service for the purpose of carrying
out conservation activities for species conservation.
(c) Extension of Period of Regulatory Predictability.--
(1) Definition of period of regulatory predictability.--In this
subsection, the term ``period of regulatory predictability'' means
the period of regulatory predictability under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) initially determined
in accordance with the document and order described in paragraphs
(1) and (2), respectively, of subsection (a).
(2) Extension.--After the period of regulatory predictability,
on request of the Secretary, the Secretary of the Interior, acting
through the Director of the United States Fish and Wildlife
Service, may provide additional consultation under section 7(a)(2)
of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), or
additional conference under section 7(a)(4) of that Act (16 U.S.C.
1536(a)(4)), as applicable, with the Chief of the Natural Resources
Conservation Service or the Administrator of the Farm Service
Agency, as applicable, to extend the period of regulatory
predictability.
SEC. 2408. FERAL SWINE ERADICATION AND CONTROL PILOT PROGRAM.
(a) In General.--The Secretary shall establish a feral swine
eradication and control pilot program to respond to the threat feral
swine pose to agriculture, native ecosystems, and human and animal
health.
(b) Duties of the Secretary.--In carrying out the pilot program,
the Secretary shall--
(1) study and assess the nature and extent of damage to the
pilot areas caused by feral swine;
(2) develop methods to eradicate or control feral swine in the
pilot areas;
(3) develop methods to restore damage caused by feral swine;
and
(4) provide financial assistance to agricultural producers in
pilot areas.
(c) Assistance.--The Secretary may provide financial assistance to
agricultural producers under the pilot program to implement methods
to--
(1) eradicate or control feral swine in the pilot areas; and
(2) restore damage caused by feral swine.
(d) Coordination.--The Secretary shall ensure that the Natural
Resources Conservation Service and the Animal and Plant Health
Inspection Service coordinate for purposes of this section through
State technical committees established under section 1261(a) of the
Food Security Act of 1985 (16 U.S.C. 3861(a)).
(e) Pilot Areas.--The Secretary shall carry out the pilot program
in areas of States in which feral swine have been identified as a
threat to agriculture, native ecosystems, or human or animal health, as
determined by the Secretary.
(f) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of
activities under the pilot program may not exceed 75 percent of the
total costs of such activities.
(2) In-kind contributions.--The non-Federal share of the costs
of activities under the pilot program may be provided in the form
of in-kind contributions of materials or services.
(g) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$75,000,000 for the period of fiscal years 2019 through 2023.
(2) Distribution of funds.--Of the funds made available under
paragraph (1)--
(A) 50 percent shall be allocated to the Natural Resources
Conservation Service to carry out the pilot program, including
the provision of financial assistance to producers for on-farm
trapping and technology related to capturing and confining
feral swine; and
(B) 50 percent shall be allocated to the Animal and Plant
Health Inspection Service to carry out the pilot program,
including the use of established, and testing of innovative,
population reduction methods.
(3) Limitation on administrative expenses.--Not more than 10
percent of funds made available under this section may be used for
administrative expenses of the pilot program.
SEC. 2409. REPORT ON SMALL WETLANDS.
(a) In General.--The Secretary, acting through the Chief of the
Natural Resources Conservation Service, 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 number of wetlands with an area not more than 1 acre that have been
delineated in each of the States of North Dakota, South Dakota,
Minnesota, and Iowa during fiscal years 2014 through 2018.
(b) Requirement.--In the report under subsection (a), the
Secretary, acting through the Chief of the Natural Resources
Conservation Service, shall list the number of wetlands acres in each
State described in the report by tenths of an acre, and ensure the
report is based on the best available science.
SEC. 2410. 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.
Subtitle E--Funding and Administration
SEC. 2501. COMMODITY CREDIT CORPORATION.
(a) Annual Funding.--Section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``2018
(and fiscal year 2019 in the case of the program specified in
paragraph (5))'' and inserting ``2023'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``$10,000,000 for the
period of fiscal years 2014 through 2018'' and inserting
``$12,000,000 for the period of fiscal years 2019 through
2023''; and
(B) in subparagraph (B)--
(i) by striking ``$33,000,000 for the period of fiscal
years 2014 through 2018'' and inserting ``$50,000,000 for
the period of fiscal years 2019 through 2023, including not
more than $5,000,000 to provide outreach and technical
assistance,''; and
(ii) by striking ``retired or retiring owners and
operators'' and inserting ``contract holders'';
(3) in paragraph (2)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $450,000,000 for each of fiscal years 2019 through
2023.'';
(4) by striking paragraph (3) and inserting the following:
``(3) The programs under chapter 4, using, to the maximum
extent practicable--
``(A) for the environmental quality incentives program
under subchapter A of that chapter--
``(i) $1,750,000,000 for fiscal year 2019;
``(ii) $1,750,000,000 for fiscal year 2020;
``(iii) $1,800,000,000 for fiscal year 2021;
``(iv) $1,850,000,000 for fiscal year 2022; and
``(v) $2,025,000,000 for fiscal year 2023; and
``(B) for the conservation stewardship program under
subchapter B of that chapter--
``(i) $700,000,000 for fiscal year 2019;
``(ii) $725,000,000 for fiscal year 2020;
``(iii) $750,000,000 for fiscal year 2021;
``(iv) $800,000,000 for fiscal year 2022; and
``(v) $1,000,000,000 for fiscal year 2023.'';
(5) in paragraph (4), by inserting ``(as in effect on the day
before the date of enactment of the Agriculture Improvement Act of
2018), using such sums as are necessary to administer contracts
entered into before that date of enactment'' before the period at
the end; and
(6) by striking paragraph (5).
(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) Report on Program Enrollments and Assistance.--Section 1241(i)
of the Food Security Act of 1985 (16 U.S.C. 3841(i)) is amended to read
as follows:
``(i) Report on Program Enrollments and Assistance.--Not later than
December 15 of each of calendar 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 an annual report containing statistics by State
related to enrollments in conservation programs under this title, as
follows:
``(1) The annual and current cumulative activity reflecting
active agreement and contract enrollment statistics.
``(2) Secretarial exceptions, waivers, and significant
payments, including--
``(A) payments made under the agricultural conservation
easement program for easements valued at $250,000 or greater;
``(B) payments made under the regional conservation
partnership program subject to the waiver of adjusted gross
income limitations pursuant to section 1271C(c)(3);
``(C) waivers granted by the Secretary under section
1001D(b)(3);
``(D) exceptions and activity associated with section
1240B(h)(2); and
``(E) exceptions provided by the Secretary under section
1265B(b)(2)(B)(ii).''.
(d) Allocations Review and Update.--Section 1241(g) of the Food
Security Act of 1985 (16 U.S.C. 3841(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``January'' and all that follows through
``shall'' and inserting ``1 year after the date of enactment of
the Agriculture Improvement Act of 2018, the Secretary, acting
through the Chief of the Natural Resources Conservation Service
and the Administrator of the Farm Service Agency, shall'';
(B) by inserting ``annual'' after ``utilize''; and
(C) by inserting ``relevant data on local natural resource
concerns, resource inventories, evaluations and reports,
recommendations from State technical committees established
under section 1261(a),'' after ``accounting for''; and
(2) in paragraph (2)--
(A) by striking ``that the formulas'' and inserting the
following: ``that--
``(A) the formulas'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting a semicolon; and
(C) by adding at the end the following:
``(B) to the maximum extent practicable, local natural
resource concerns are considered a leading factor in
determining annual funding allocation to States;
``(C) the process used at the national level to evaluate
State budget proposals and to allocate funds is reviewed
annually to assess the effect of allocations in addressing
identified natural resource priorities and objectives; and
``(D) the allocation of funds to States addresses priority
natural resource concerns and objectives.''.
(e) Assistance to Certain Farmers or Ranchers for Conservation
Access.--Section 1241(h) of the Food Security Act of 1985 (16 U.S.C.
3841(h)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and indenting appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``Of the funds'' and inserting the
following:
``(A) Fiscal years 2009 through 2018.--Of the funds''; and
(C) by adding at the end the following:
``(B) Fiscal years 2019 through 2023.--Of the funds made
available for each of fiscal years 2019 through 2023 to carry
out the environmental quality incentives program under
subchapter A of chapter 4 of subtitle D and the conservation
stewardship program under subchapter B of chapter 4 of subtitle
D, the Secretary shall use, to the maximum extent practicable--
``(i) 5 percent to assist beginning farmers or
ranchers; and
``(ii) 5 percent to assist socially disadvantaged
farmers or ranchers.'';
(2) in paragraph (2), by inserting ``and, in the case of fiscal
years 2019 through 2023, under the conservation stewardship program
under subchapter B of chapter 4 of subtitle D'' before the period
at the end;
(3) in paragraph (3), by striking ``year, acres not obligated
under paragraph (1)'' and inserting ``year through fiscal year
2018, acres not obligated under paragraph (1)(A)''; and
(4) in paragraph (4), by striking ``subparagraph (A) or (B) of
paragraph (1)'' and inserting ``, as applicable, clause (i) or (ii)
of paragraph (1)(A) or clause (i) or (ii) of paragraph (1)(B)''.
(f) Conservation Standards and Requirements.--Section 1241 of the
Food Security Act of 1985 (16 U.S.C. 3841) is amended by adding at the
end the following:
``(j) Conservation Standards and Requirements.--
``(1) In general.--Subject to the requirements of this title,
the Natural Resources Conservation Service shall serve as the lead
agency in developing and establishing technical standards and
requirements for conservation programs carried out under this
title, including--
``(A) standards for conservation practices under this
title;
``(B) technical guidelines for implementing conservation
practices under this title, including the location of the
conservation practices; and
``(C) standards for conservation plans.
``(2) Consistency of farm service agency technical standards
and payment rates.--The Administrator of the Farm Service Agency
shall ensure that--
``(A) technical standards of programs administered by the
Farm Service Agency are consistent with the technical standards
established by the Natural Resources Conservation Service under
paragraph (1); and
``(B) payment rates, to the extent practicable, are
consistent between the Farm Service Agency and the Natural
Resources Conservation Service.''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
(a) Definitions.--Section 1242(a) of the Food Security Act of 1985
(16 U.S.C. 3842(a)) is amended to read as follows:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term `eligible participant'
means a producer, landowner, or entity that is participating in, or
seeking to participate in, programs in which the producer,
landowner, or entity is otherwise eligible to participate under
this title or the agricultural management assistance program under
section 524(b) of the Federal Crop Insurance Act (7 U.S.C.
1524(b)).
``(2) Third-party provider.--The term `third-party provider'
means a commercial entity (including a farmer cooperative,
agriculture retailer, or other commercial entity (as defined by the
Secretary)), a nonprofit entity, a State or local government
(including a conservation district), or a Federal agency, that has
expertise in the technical aspect of conservation planning,
including nutrient management planning, watershed planning, or
environmental engineering.''.
(b) Certification Process.--Section 1242(e) of the Food Security
Act of 1985 (16 U.S.C. 3842(e)) is amended by adding at the end the
following:
``(4) Certification process.--The Secretary shall certify a
third-party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service; or
``(B) a non-Federal entity approved by the Secretary to
perform the certification.
``(5) Streamlined certification.--The Secretary shall provide a
streamlined certification process for a third-party provider that
has an appropriate specialty certification, including a
sustainability certification.''.
(c) Expedited Revision of Standards.--Section 1242(h) of the Food
Security Act of 1985 (16 U.S.C. 3842(h)) is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) not later than 1 year after the date of enactment of
the Agriculture Improvement Act of 2018, complete a review of
each conservation practice standard, including engineering
design specifications, in effect on the day before the date of
enactment of that Act;'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(D) evaluate opportunities to increase flexibility in
conservation practice standards in a manner that ensures
equivalent natural resource benefits.'';
(2) in paragraph (2), by inserting ``State technical committees
established under section 1261(a),'' before ``crop consultants'';
and
(3) 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 for the programs under this title
an administrative process for--
``(A) expediting the establishment and revision of
conservation practice standards;
``(B) considering conservation innovations and scientific
and technological advancements with respect to any
establishment or revision under subparagraph (A);
``(C) allowing local flexibility in the creation of--
``(i) interim practice standards and supplements to
existing practice standards to address the considerations
described in subparagraph (B); and
``(ii) partnership-led proposals for new and innovative
techniques to facilitate implementing agreements and grants
under this title; and
``(D) soliciting regular input from State technical
committees established under section 1261(a) for
recommendations that identify innovations or advancements
described in subparagraph (B).
``(4) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, and every 2
years thereafter, the Secretary shall submit to Congress a report
on--
``(A) the administrative process developed under paragraph
(3);
``(B) conservation practice standards that were established
or revised under that process; and
``(C) conservation innovations that were considered under
that process.''.
SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS.
(a) Acreage Limitations.--Section 1244(f) of the Food Security Act
of 1985 (16 U.S.C. 3844(f)) is amended--
(1) in paragraph (1)(B), by striking ``10'' and inserting
``15''; and
(2) in paragraph (5), by striking ``the Agricultural Act of
2014'' and inserting ``the Agriculture Improvement Act of 2018''.
(b) Requirements for Conservation Programs.--Section 1244 of the
Food Security Act of 1985 (16 U.S.C. 3844) is amended--
(1) by striking subsection (m);
(2) by redesignating subsections (j) through (l) as subsections
(k) through (m), respectively; and
(3) by inserting after subsection (i) the following:
``(j) Review and Guidance for Practice Costs and Payment Rates.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, and not later
than October 1 of each year thereafter, the Secretary shall--
``(A) review the estimates for practice costs and rates of
payments made to producers for practices on eligible land under
this title; and
``(B) evaluate whether those costs and rates reflect a
payment that--
``(i) encourages participation in a conservation
program administered by the Secretary;
``(ii) encourages implementation of the most effective
practices to address local natural resource concerns on
eligible land; and
``(iii) accounts for regional, State, and local
variability relating to the complexity, implementation, and
adoption of practices on eligible land.
``(2) Guidance; review.--The Secretary shall--
``(A) issue guidance to States to annually review and
adjust the estimates for practice costs and rates of payments
made to producers to reflect the evaluation factors described
in paragraph (1)(B); and
``(B) determine the appropriate practice costs and rates of
payments for each State by--
``(i) annually reviewing each conservation program
payment schedule and payment rate used in the State; and
``(ii) consulting with the State technical committee
established under section 1261(a) in that State.''.
(c) Funding for Indian Tribes.--Section 1244(m) of the Food
Security Act of 1985 (as redesignated by subsection (b)(2)) is
amended--
(1) by striking ``may'' and inserting ``shall'';
(2) by striking ``that the goals'' and inserting the following:
``that--
``(1) the goals'';
(3) in paragraph (1) (as so designated), by striking
``arrangements, and that statutory'' and inserting the following:
``arrangements;
``(2) a sufficient number of eligible participants will be
aggregated under the alternative funding arrangement to accomplish
the underlying purposes and objectives of the applicable program;
and
``(3) statutory''; and
(4) in paragraph (3) (as so designated), by striking the period
at the end and inserting ``, except that the Secretary may approve
a waiver if the Secretary is authorized to approve a waiver under
the statutory authority of the applicable program.''.
(d) Source Water Protection Through Targeting of Agricultural
Practices.--Section 1244 of the Food Security Act of 1985 (16 U.S.C.
3844) (as amended by subsection (b)) is amended by adding at the end
the following:
``(n) Source Water Protection Through Targeting of Agricultural
Practices.--
``(1) In general.--In carrying out any conservation program
administered by the Secretary, the Secretary shall encourage
practices that relate to water quality and water quantity that
protect source water for drinking water (including protecting
against public health threats) while also benefitting agricultural
producers.
``(2) Collaboration with water systems and increased
incentives.--
``(A) In general.--In encouraging practices under paragraph
(1), the Secretary shall--
``(i) work collaboratively with community water systems
and State technical committees established under section
1261(a) to identify, in each State, local priority areas
for the protection of source waters for drinking water; and
``(ii) subject to subparagraph (B), for practices
described in paragraph (1), offer to producers increased
incentives and higher payment rates than are otherwise
statutorily authorized by the applicable conservation
program administered by the Secretary.
``(B) Limitation.--An increased payment under subparagraph
(A)(ii) shall not exceed 90 percent of practice costs
associated with planning, design, materials, equipment,
installation, labor, management, maintenance, or training.
``(3) Reservation of funds.--
``(A) In general.--In each of fiscal years 2019 through
2023, the Secretary shall use to carry out this subsection not
less than 10 percent of any funds available for conservation
programs administered by the Secretary under this title (other
than the conservation reserve program established under
subchapter B of chapter 1 of subtitle D).
``(B) Limitation.--Funds available for a specific
conservation program shall not be transferred to fund a
different conservation program under this title.''.
(e) Environmental Services Market.--Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) (as amended by subsection (d)) is
amended by adding at the end the following:
``(o) Environmental Services Market.--The Secretary may not
prohibit, through a contract, easement, or agreement under this title,
a participant in a conservation program administered by the Secretary
under this title from participating in, and receiving compensation
from, an environmental services market if 1 of the purposes of the
market is the facilitation of additional conservation benefits that are
consistent with the purposes of the conservation program administered
by the Secretary.''.
(f) Regulatory Certainty.--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) Regulatory Certainty.--
``(1) In general.--In addition to technical and programmatic
information that the Secretary is otherwise authorized to provide,
on request of a Federal agency, a State, an Indian tribe, or a unit
of local government, the Secretary may provide technical and
programmatic information--
``(A) subject to paragraph (2), to the Federal agency,
State, Indian tribe, or unit of local government to support
specifically the development of mechanisms that would provide
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurances to a farmer,
rancher, or private nonindustrial forest landowner under a
regulatory requirement--
``(i) that relates to soil, water, or wildlife; and
``(ii) over which that Federal agency, State, Indian
tribe, or unit of local government has authority; and
``(B) relating to conservation practices or activities that
could be implemented by a farmer, rancher, or private
nonindustrial forest landowner to address a targeted soil,
water, or wildlife resource concern that is the direct subject
of a regulatory requirement enforced by that Federal agency,
State, Indian tribe, or unit of local government, as
applicable.
``(2) Mechanisms.--The Secretary shall only provide additional
technical and programmatic information under paragraph (1) if the
mechanisms to be developed by the Federal agency, State, Indian
tribe, or unit of local government, as applicable, under paragraph
(1)(A) are anticipated to include, at a minimum--
``(A) the implementation of 1 or more conservation
practices or activities that effectively addresses the soil,
water, or wildlife resource concern identified under paragraph
(1);
``(B) the on-site confirmation that the applicable
conservation practices or activities identified under
subparagraph (A) have been implemented;
``(C) a plan for a periodic audit, as appropriate, of the
continued implementation or maintenance of each of the
conservation practices or activities identified under
subparagraph (A); and
``(D) notification to a farmer, rancher, or private
nonindustrial forest landowner of, and an opportunity to
correct, any noncompliance with a requirement to obtain
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurance.
``(3) Continuing current collaboration on soil, water, or
wildlife conservation practices.--The Secretary shall--
``(A) continue collaboration with Federal agencies, States,
Indian tribes, or local units of government on existing
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurances in
accordance with paragraph (2); and
``(B) continue collaboration with the Secretary of the
Interior on consultation under section 7(a)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or
conference under section 7(a)(4) of that Act (16 U.S.C.
1536(a)(4)), as applicable, for wildlife conservation efforts,
including the Working Lands for Wildlife model of conservation
on working landscapes, as implemented on the day before the
date of enactment of the Agriculture Improvement Act of 2018,
in accordance with--
``(i) the document entitled `Partnership Agreement
Between the United States Department of Agriculture Natural
Resources Conservation Service and the United States
Department of the Interior Fish and Wildlife Service',
numbered A-3A75-16-937, and formalized by the Chief of the
Natural Resources Conservation Service on September 15,
2016, and by the Director of the United States Fish and
Wildlife Service on August 4, 2016, as in effect on
September 15, 2016; and
``(ii) United States Fish and Wildlife Service
Director's Order No. 217, dated August 9, 2016, as in
effect on August 9, 2016.
``(4) Savings clause.--Nothing in this subsection--
``(A) preempts, displaces, or supplants any authority or
right of a Federal agency, a State, an Indian tribe, or a unit
of local government;
``(B) modifies or otherwise affects, preempts, or
displaces--
``(i) any cause of action; or
``(ii) a provision of Federal or State law establishing
a remedy for a civil or criminal cause of action; or
``(C) applies to a case in which the Department of
Agriculture is the originating agency requesting a consultation
or other technical and programmatic information or assistance
from another Federal agency in assisting farmers, ranchers, or
nonindustrial private forest landowners participating in a
conservation program administered by the Secretary.''.
SEC. 2504. TEMPORARY ADMINISTRATION OF CONSERVATION PROGRAMS.
(a) Interim Administration.--Subject to subsection (d), the
Secretary shall use the applicable regulations in effect on the day
before the date of enactment of this Act, to the extent that the terms
and conditions of those regulations are consistent with the amendments
made by this title, to carry out the programs under laws as amended by
this title, including--
(1) the conservation reserve program 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.) (as amended by subtitle B);
(2) the environmental quality incentives program under
subchapter A of chapter 4 of subtitle D of title XII of the Food
Security Act of 1985 (16 U.S.C. 3839aa et seq) (as added by section
2301(a)(1) and amended by subtitle C);
(3) the conservation stewardship program under subchapter B of
chapter 4 of subtitle D of title XII of the Food Security Act of
1985 (as added by subsections (a)(2) and (b) of section 2301 and
amended by subtitle C); and
(4) the agricultural conservation easement program established
under subtitle H of title XII of the Food Security Act of 1985 (16
U.S.C. 3865 et seq.) (as amended by subtitle F).
(b) Regional Conservation Partnership Program.--Notwithstanding
subsection (e) of section 1271E of the Food Security Act of 1985 (16
U.S.C. 3871e) (as amended by section 2706), and subject to subsection
(d), for fiscal year 2019, the Secretary may use an availability of
program funding announcement consistent with the amendments made by
subtitle G to carry out the regional conservation partnership program
under subtitle I of title XII of the Food Security Act of 1985 (16
U.S.C. 3871 et seq.) without issuing a regulation.
(c) Funding.--The Secretary may only use funds authorized to be
made available by this title or the amendments made by this title for
the specific programs described in paragraphs (1) through (4) of
subsection (a) and subsection (b), in accordance with any restrictions
on the use of those funds, for the purposes described in subsections
(a) and (b).
(d) Termination of Authority.--The authority of the Secretary to
carry out subsections (a) and (b) shall terminate on September 30,
2019.
(e) Permanent Administration.--Effective beginning on the
termination date described in subsection (d), the Secretary shall carry
out this title and the amendments made by this title in accordance with
such final regulations as the Secretary considers necessary to carry
out this title and the amendments made by this title.
Subtitle F--Agricultural Conservation Easement Program
SEC. 2601. ESTABLISHMENT AND PURPOSES.
Section 1265(b) of the Food Security Act of 1985 (16 U.S.C.
3865(b)) is amended--
(1) in paragraph (3), by inserting ``that negatively affect the
agricultural uses and conservation values'' after ``that land'';
and
(2) in paragraph (4), by striking ``restoring and'' and
inserting ``restoring or''.
SEC. 2602. DEFINITIONS.
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) by redesignating paragraphs (2), (3), (4), and (5) as
paragraphs (3), (4), (6), and (7), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Buy-protect-sell transaction.--
``(A) In general.--The term `buy-protect-sell transaction'
means a legal arrangement--
``(i) between an eligible entity and the Secretary
relating to land that an eligible entity owns or is going
to purchase prior to acquisition of an agricultural land
easement;
``(ii) under which the eligible entity certifies to the
Secretary that the eligible entity shall--
``(I)(aa) hold an agricultural land easement on
that land, but transfer ownership of the land to a
farmer or rancher that is not an eligible entity prior
to or on acquisition of the agricultural land easement;
or
``(bb) hold an agricultural land easement on that
land, but transfer ownership of the land to a farmer or
rancher that is not an eligible entity in a timely
manner and, subject to subparagraph (B), not later than
3 years after the date of acquisition of the
agricultural land easement; and
``(II) make an initial sale of the land subject to
the agricultural land easement to a farmer or rancher
at not more than agricultural value, plus any
reasonable holding and transaction costs incurred by
the eligible entity, as determined by the Secretary;
and
``(iii) under which the Secretary shall be reimbursed
for the entirety of the Federal share of the cost of the
agricultural land easement by the eligible entity if the
eligible entity fails to transfer ownership under item (aa)
or (bb), as applicable, of clause (ii)(I).
``(B) Time extension.--Under subparagraph (A)(ii)(I)(bb),
an eligible entity may transfer land later than 3 years after
the date of acquisition of the agricultural land easement if
the Secretary determines an extension of time is justified.'';
(4) in paragraph (4) (as so redesignated)--
(A) in subparagraph (A)(i)--
(i) by striking ``to a'' and inserting the following:
``to--
``(I) a'';
(ii) in subclause (I) (as so designated), by adding
``or'' at the end; and
(iii) by adding at the end the following:
``(II) a buy-protect-sell transaction;''; and
(B) in subparagraph (B)(i)(II), by striking ``, as
determined by the Secretary in consultation with the Secretary
of the Interior at the local level''; and
(5) by inserting after paragraph (4) (as so redesignated) the
following:
``(5) Monitoring report.--The term `monitoring report' means a
report, the contents of which are formulated and prepared by the
holder of an agricultural land easement, that accurately documents
whether the land subject to the agricultural land easement is in
compliance with the terms and conditions of the agricultural land
easement.''.
SEC. 2603. AGRICULTURAL LAND EASEMENTS.
(a) Availability of Assistance.--Section 1265B(a) of the Food
Security Act of 1985 (16 U.S.C. 3865b(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking ``provide for the
conservation of natural resources pursuant to an agricultural land
easement plan.'' and inserting ``implement the program, including
technical assistance for the development of a conservation plan
under subsection (b)(4)(C)(iv); and''; and
(3) by adding at the end the following:
``(3) buy-protect-sell transactions.''.
(b) Cost-share Assistance.--
(1) Scope of assistance available.--Section 1265B(b)(2) of the
Food Security Act of 1985 (16 U.S.C. 3865b(b)(2)) is amended--
(A) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) Grasslands exception.--In the case of grassland
of special environmental significance, as determined by the
Secretary, the Secretary may provide an amount not to
exceed 75 percent of the fair market value of the
agricultural land easement.
``(iii) Permissible forms.--The non-Federal share
provided by an eligible entity under this subparagraph may
comprise--
``(I) cash resources;
``(II) 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;
``(III) costs associated with securing a deed to
the agricultural land easement, including the cost of
appraisal, survey, inspection, and title; and
``(IV) other costs, as determined by the
Secretary.''; and
(B) by striking subparagraph (C).
(2) Evaluation and ranking of applications.--Section
1265B(b)(3) of the Food Security Act of 1985 (16 U.S.C.
3865b(b)(3)) is amended--
(A) by redesignating subparagraph (C) as subparagraph (E);
and
(B) by inserting after subparagraph (B) the following:
``(C) Accounting for geographic differences.--The Secretary
may adjust the criteria established under subparagraph (A) to
account for geographic differences, if the adjustments--
``(i) meet the purposes of the program; and
``(ii) continue to maximize the benefit of the Federal
investment under the program.
``(D) Priority.--In evaluating applications under the
program, the Secretary may give priority to an application for
the purchase of an agricultural land easement that, as
determined by the Secretary, maintains agricultural
viability.''.
(3) Agreements with eligible entities.--Section 1265B(b)(4) of
the Food Security Act of 1985 (16 U.S.C. 3865b(b)(4)) is amended--
(A) in subparagraph (C), by striking clauses (iii) and (iv)
and inserting the following:
``(iii) include a right of enforcement for the
Secretary that--
``(I) may be used only if the terms and conditions
of the easement are not enforced by the eligible
entity; and
``(II) does not extend to a right of inspection
unless--
``(aa)(AA) the holder of the easement fails to
provide monitoring reports in a timely manner; or
``(BB) the Secretary has a reasonable and
articulable belief that the terms and conditions of
the easement have been violated; and
``(bb) prior to the inspection, the Secretary
notifies the eligible entity and the landowner of
the inspection and provides a reasonable
opportunity for the eligible entity and the
landowner to participate in the inspection;
``(iv) include a conservation plan only for any portion
of the land subject to the agricultural land easement that
is highly erodible cropland; and'';
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(C) by inserting after subparagraph (C) the following:
``(D) Additional permitted terms and conditions.--An
eligible entity may include terms and conditions for an
agricultural land easement that--
``(i) are intended to keep the land subject to the
agricultural land easement under the ownership of a farmer
or rancher, as determined by the Secretary;
``(ii) allow subsurface mineral development on the land
subject to the agricultural land easement and in accordance
with applicable State law if, as determined by the
Secretary--
``(I) the subsurface mineral development--
``(aa) has a limited and localized impact;
``(bb) does not harm the agricultural use and
conservation values of the land subject to the
easement;
``(cc) does not materially alter or affect the
existing topography;
``(dd) shall comply with a subsurface mineral
development plan that--
``(AA) includes a plan for the remediation
of impacts to the agricultural use and
conservation values of the land subject to the
easement; and
``(BB) is approved by the Secretary prior
to the initiation of mineral development
activity;
``(ee) is not accomplished by any surface
mining method;
``(ff) is within the impervious surface limits
of the easement under subparagraph (C)(v); and
``(gg) uses practices and technologies that
minimize the duration and intensity of impacts to
the agricultural use and conservation values of the
land subject to the easement; and
``(II) each area impacted by the subsurface mineral
development shall be reclaimed and restored by the
holder of the mineral rights at cessation of operation;
and
``(iii) include other relevant activities relating to
the agricultural land easement, as determined by the
Secretary.''.
(4) Certification of eligible entities.--Section 1265B(b)(5) of
the Food Security Act of 1985 (16 U.S.C. 3865b(b)(5)) is amended--
(A) in subparagraph (A)--
(i) in clause (ii), by striking ``; and'' and inserting
a semicolon;
(ii) in clause (iii), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) allow a certified eligible entity to use its own
terms and conditions, notwithstanding paragraph (4)(C), as
long as the terms and conditions are consistent with the
purposes of the program.''; and
(B) in subparagraph (B)--
(i) in clause (iii), by redesignating subclauses (I)
through (III) as items (aa) through (cc), respectively, and
indenting appropriately;
(ii) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(iii) in the matter preceding subclause (I) (as so
redesignated), by striking ``entity will'' and inserting
the following: ``eligible entity--
``(i) will'';
(iv) in clause (i)(III)(cc) (as so redesignated), by
striking the period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(ii) has--
``(I) been accredited by the Land Trust
Accreditation Commission, or by an equivalent
accrediting body, as determined by the Secretary;
``(II) acquired not fewer than 10 agricultural land
easements under the program or any predecessor program;
and
``(III) successfully met the responsibilities of
the eligible entity under the applicable agreements
with the Secretary, as determined by the Secretary,
relating to agricultural land easements that the
eligible entity has acquired under the program or any
predecessor program; or
``(iii) is a State department of agriculture or other
State agency with statutory authority for farm and
ranchland protection that has--
``(I) acquired not fewer than 10 agricultural land
easements under the program or any predecessor program;
and
``(II) successfully met the responsibilities of the
eligible entity under the applicable agreements with
the Secretary, as determined by the Secretary, relating
to agricultural land easements that the eligible entity
has acquired under the program or any predecessor
program.''.
(5) Technical assistance.--Section 1265B of the Food Security
Act of 1985 (16 U.S.C. 3865b) is amended by striking subsection (d)
and inserting the following:
``(d) Technical Assistance.--The Secretary may provide technical
assistance, if requested, to assist in compliance with the terms and
conditions of easements.''.
SEC. 2604. WETLAND RESERVE EASEMENTS.
Section 1265C of the Food Security Act of 1985 (16 U.S.C. 3865c) is
amended--
(1) in subsection (b)--
(A) in paragraph (3)(C), by inserting ``or improving water
quality'' before the period at the end; and
(B) in paragraph (5)--
(i) in subparagraph (C)--
(I) by striking ``Land subject'' and inserting the
following:
``(i) In general.--Land subject'';
(II) in clause (i) (as so designated), by inserting
``water management,'' after ``timber harvest,''; and
(III) by adding at the end the following:
``(ii) Compatible use authorization.--In evaluating and
authorizing a compatible economic use under clause (i), the
Secretary shall--
``(I) request and consider the advice of the
applicable State technical committee established under
section 1261(a) about the 1 or more types of uses that
may be authorized to be conducted on land subject to a
wetland reserve easement, including the frequency,
timing, and intensity of those uses;
``(II) consider the ability of an authorized use to
facilitate the practical administration and management
of that land; and
``(III) ensure that an authorized use furthers the
functions and values for which the wetland reserve
easement was established.''; and
(ii) in subparagraph (D)(i)(III), by inserting after
``under subsection (f)'' the following: ``or a grazing
management plan that is consistent with the wetland reserve
easement plan and has been reviewed, and modified as
necessary, at least every 5 years''; and
(2) in subsection (f)--
(A) by striking paragraph (1) and inserting the following:
``(1) Wetland reserve easement plan.--
``(A) In general.--The Secretary shall develop a wetland
reserve easement plan--
``(i) for any eligible land subject to a wetland
reserve easement; and
``(ii) that restores, protects, enhances, manages,
maintains, and monitors the eligible land subject to the
wetland reserve easements acquired under this section.
``(B) Practices and activities.--A wetland reserve easement
plan under subparagraph (A) shall include practices and
activities, including repair or replacement, that are necessary
to restore and maintain the enrolled land and the functions and
values of the wetland subject to a wetland reserve easement.'';
(B) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(C) by inserting after paragraph (1) the following:
``(2) Alternative plant communities.--The Secretary, in
coordination with State technical committees established under
section 1261(a) and pursuant to State-specific criteria and
guidelines, may authorize the establishment or restoration of a
hydrologically appropriate native community or alternative
naturalized vegetative community as part of a wetland reserve
easement plan on land subject to a wetland reserve easement if that
hydrologically appropriate native or alternative naturalized
vegetative community shall--
``(A) substantially support or benefit migratory waterfowl
or other wetland wildlife; or
``(B) meet local resource concerns or needs (including as
an element of a regional, State, or local wildlife initiative
or plan).''.
SEC. 2605. ADMINISTRATION.
Section 1265D of the Food Security Act of 1985 (16 U.S.C. 3865d) is
amended--
(1) in paragraph (a)(4), by striking ``proposed'' and inserting
``permitted'';
(2) by striking subsection (c) and inserting the following:
``(c) Subordination, Exchange, Modification, and Termination.--
``(1) Subordination.--The Secretary may subordinate any
interest in land, or portion of such interest, administered by the
Secretary (including for the purposes of utilities and energy
transmission services) either directly or on behalf of the
Commodity Credit Corporation under the program if the Secretary
determines that the subordination--
``(A) increases conservation values or has a limited
negative effect on conservation values;
``(B) minimally affects the acreage subject to the interest
in land; and
``(C) is in the public interest or furthers the practical
administration of the program.
``(2) Modification and exchange.--
``(A) Authority.--The Secretary may approve a modification
or exchange of any interest in land, or portion of such
interest, administered by the Secretary, either directly or on
behalf of the Commodity Credit Corporation under the program if
the Secretary determines that--
``(i) no reasonable alternative exists and the effect
on the interest in land is avoided or minimized to the
extent practicable; and
``(ii) the modification or exchange--
``(I) results in equal or increased conservation
values;
``(II) results in equal or greater economic value
to the United States;
``(III) is consistent with the original intent of
the easement;
``(IV) is consistent with the purposes of the
program; and
``(V) is in the public interest or furthers the
practical administration of the program.
``(B) Limitation.--In modifying or exchanging an interest
in land, or portion of such interest, under this paragraph, the
Secretary may not increase any payment to an eligible entity.
``(3) Termination.--The Secretary may approve a termination of
any interest in land, or portion of such interest, administered by
the Secretary, directly or on behalf of the Commodity Credit
Corporation under the program if the Secretary determines that--
``(A) termination is in the interest of the Federal
Government;
``(B) the United States will be fully compensated for--
``(i) the fair market value of the interest in land;
``(ii) any costs relating to the termination; and
``(iii) any damages determined appropriate by the
Secretary; and
``(C) the termination will--
``(i) address a compelling public need for which there
is no practicable alternative even with avoidance and
minimization; and
``(ii) further the practical administration of the
program.
``(4) Consent.--The Secretary shall obtain consent from the
landowner and eligible entity, if applicable, for any
subordination, exchange, modification, or termination of interest
in land, or portion of such interest, under this subsection.
``(5) Notice.--At least 90 days before taking any termination
action described in paragraph (3), the Secretary shall provide
written notice of such action to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.''; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``transferred into the
program'' and inserting ``enrolled in an easement under section
1265C(b)''; and
(B) by adding at the end the following:
``(3) Agricultural land easements.--A farmer or rancher who
owns eligible land subject to an agricultural land easement may
enter into a contract under subchapter B of chapter 1 of subtitle
D.''.
Subtitle G--Regional Conservation Partnership Program
SEC. 2701. ESTABLISHMENT AND PURPOSES.
Section 1271 of the Food Security Act of 1985 (16 U.S.C. 3871) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including
partnership agreements funded through alternative funding
arrangements or grant agreements under section 1271C(d),''
after ``partnership agreements''; and
(B) in paragraph (2), by striking ``contracts with
producers'' and inserting ``program contracts with producers'';
and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``use covered programs'' and inserting ``carry
out eligible activities'';
(B) by striking paragraph (2) and inserting the following:
``(2) To further the conservation, protection, restoration, and
sustainable use of soil, water (including sources of drinking water
and groundwater), wildlife, agricultural land, and related natural
resources on eligible land on a regional or watershed scale.'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting ``, including
through alignment of partnership projects with other
national, State, and local agencies and programs addressing
similar natural resource or environmental concerns'' after
``eligible land''; and
(ii) in subparagraph (B), by striking ``installation''
and inserting ``adoption, installation,''; and
(D) by adding at the end the following:
``(4) To encourage the flexible and streamlined delivery of
conservation assistance to producers through partnership
agreements.
``(5) To engage producers and eligible partners in conservation
projects to achieve greater conservation outcomes and benefits for
producers than would otherwise be achieved.''.
SEC. 2702. DEFINITIONS.
Section 1271A of the Food Security Act of 1985 (16 U.S.C. 3871a) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by inserting ``, not including the
grassland conservation initiative under section 1240L-1''
before the period at the end; and
(B) by adding at the end the following:
``(E) The conservation reserve program established under
subchapter B of chapter 1 of subtitle D.
``(F) The programs established by the Secretary to carry
out the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001 et seq.), except for any program established by the
Secretary to carry out section 14 (16 U.S.C. 1012) of that
Act.'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Eligible activity.--The term `eligible activity' means a
practice, activity, agreement, easement, or related conservation
measure that is available under the statutory authority for a
covered program.
``(3) Eligible land.--The term `eligible land' means any
agricultural or nonindustrial private forest land or associated
land on which the Secretary determines an eligible activity would
help achieve conservation benefits.'';
(3) in paragraph (4)--
(A) in subparagraph (E), by inserting ``acequia,'' after
``irrigation district,''; and
(B) by adding at the end the following:
``(I) An organization described in section 1265A(3)(B).
``(J) A conservation district.'';
(4) by striking paragraph (5) and inserting the following:
``(5) Partnership agreement.--The term `partnership agreement'
means the programmatic agreement entered into between the Secretary
and an eligible partner, subject to the terms and conditions under
section 1271B.''; and
(5) by adding at the end the following:
``(7) Program contract.--
``(A) In general.--The term `program contract' means the
contract between the Secretary and a producer entered into
under this subtitle.
``(B) Exclusion.--The term `program contract' does not
include a contract under a covered program.''.
SEC. 2703. REGIONAL CONSERVATION PARTNERSHIPS.
Section 1271B of the Food Security Act of 1985 (16 U.S.C. 3871b) is
amended--
(1) by striking subsection (b) and inserting the following:
``(b) Length.--
``(1) In general.--A partnership agreement shall be--
``(A) for a period not to exceed 5 years; or
``(B) for a period that is longer than 5 years, if the
longer period is necessary to meet the objectives of the
program, as determined by the Secretary.
``(2) Renewal.--A partnership agreement may be renewed under
subsection (e)(5) for a period not to exceed 5 years.
``(3) Extension.--A partnership agreement, or any renewal of a
partnership agreement, may each be extended 1 time for a period not
longer than 12 months, as determined by the Secretary.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by redesignating clauses (iii) and (iv) as
clauses (iv) and (v), respectively; and
(II) by striking clauses (i) and (ii) and inserting
the following:
``(i) 1 or more conservation benefits that the project
shall achieve;
``(ii) the eligible activities on eligible land to be
conducted under the project to achieve conservation
benefits;
``(iii) the implementation timeline for carrying out
the project, including any interim milestones;'';
(ii) in subparagraph (D), by striking ``funds'' and
inserting ``contributions''; and
(iii) in subparagraph (E), by striking ``of the
project's effects; and'' and inserting the following:
``of--
``(i) the progress made by the project in achieving
each conservation benefit defined in the partnership
agreement, including in a quantified form to the extent
practicable; and
``(ii) as appropriate, other outcomes of the project;
and''; and
(B) in paragraph (2)--
(i) by striking ``An eligible'' and inserting the
following:
``(A) In general.--An eligible''; and
(ii) by adding at the end the following:
``(B) Form.--A contribution of an eligible partner under
this paragraph may be in the form of--
``(i) direct funding;
``(ii) in-kind support; or
``(iii) a combination of direct funding and in-kind
support.
``(C) Treatment.--Any amounts expended during the period
beginning on the date on which the Secretary announces the
approval of an application under subsection (e) and ending on
the day before the effective date of the partnership agreement
by an eligible partner for staff salaries or development of the
partnership agreement may be considered to be a part of the
contribution of the eligible partner under this paragraph.'';
(3) by redesignating subsection (d) as subsection (e);
(4) by inserting after subsection (c) the following:
``(d) Duties of Secretary.--The Secretary shall--
``(1) establish a timeline for carrying out the duties of the
Secretary under a partnership agreement, including--
``(A) entering into program contracts with producers;
``(B) providing financial assistance to producers; and
``(C) in the case of a partnership agreement that is funded
through an alternative funding arrangement or grant agreement
under section 1271C(d), providing the payments to the eligible
partner for carrying out eligible activities;
``(2) identify in each State a program coordinator for the
State, who shall be responsible for providing assistance to
eligible partners 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 that is not funded through an alternative
funding arrangement or grant agreement under section 1271C(d)--
``(A) a semiannual report describing the status of each
pending and obligated contract under the project of the
eligible partner; and
``(B) an annual report describing how the Secretary used
amounts reserved by the Secretary for that year for technical
assistance under section 1271D(f); and
``(5) ensure that any eligible activity effectively achieves
the conservation benefits identified in the partnership agreement
under subsection (c)(1)(A)(i).'';
(5) in subsection (e) (as redesignated by paragraph (3))--
(A) in paragraph (1), by inserting ``simplified'' after
``conduct a'';
(B) in paragraph (3)--
(i) by striking the paragraph designation and heading
and all that follows through ``description of--'' and
inserting the following:
``(3) Contents.--The Secretary shall develop a simplified
application that includes a description of--'';
(ii) in subparagraph (C), by striking ``, including the
covered programs to be used''; and
(iii) in subparagraph (D), by striking ``financial'';
(C) in paragraph (4)--
(i) by striking subparagraph (D);
(ii) by redesignating subparagraphs (E) and (F) as
subparagraphs (G) and (H), respectively; and
(iii) by inserting after subparagraph (C) the
following:
``(D) build new partnerships with local, State, and private
entities to include a diversity of stakeholders in the project;
``(E) deliver a high percentage of applied conservation--
``(i) to achieve conservation benefits; or
``(ii) in the case of a project in a critical
conservation area under section 1271F, to address the
priority resource concern for that critical conservation
area;
``(F) implement the project consistent with existing
watershed, habitat, or other area restoration plans;''; and
(D) by adding at the end the following:
``(5) Renewals.--If the Secretary determines that a project
that is the subject of a partnership agreement has met or exceeded
the objectives of the project, the Secretary may renew the
partnership agreement through an expedited noncompetitive process
if the 1 or more eligible partners that are parties to the
partnership agreement request the renewal in order--
``(A) to continue to implement the project under a renewal
of the partnership agreement; or
``(B) to expand the scope of the project under a renewal of
the partnership agreement, as long as the expansion is within
the objectives and purposes of the original partnership
agreement.''; and
(6) by adding at the end the following:
``(f) Nonapplicability of Adjusted Gross Income Limitation.--The
adjusted gross income limitation described in section 1001D(b)(1) shall
not apply to an eligible partner under the program.''.
SEC. 2704. ASSISTANCE TO PRODUCERS.
Section 1271C of the Food Security Act of 1985 (16 U.S.C. 3871c) is
amended--
(1) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--A 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 a producer to conduct eligible
activities on eligible land, subject to such terms and conditions
as the Secretary may establish.
``(2) Application bundles.--
``(A) In general.--An eligible partner may submit to the
Secretary, on behalf of producers, a bundle of applications for
assistance under the program through program contracts to
address a substantial portion of the conservation benefits to
be achieved by the project, as defined in the partnership
agreement.
``(B) Priority.--The Secretary may give priority to
applications described in subparagraph (A).'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``In accordance with
statutory requirements of the covered programs involved, the
Secretary may make payments to a producer'' and inserting
``Subject to section 1271D, the Secretary may make payments to
a producer''; and
(B) in paragraph (3), by striking ``participating''; and
(3) by adding at the end the following:
``(d) Funding Through Alternative Funding Arrangements or Grant
Agreements.--
``(1) In general.--A partnership agreement entered into with an
eligible partner may be funded through an alternative funding
arrangement or grant in accordance with this subsection.
``(2) Duties of the secretary.--The Secretary shall--
``(A) under a funding agreement under paragraph (1)--
``(i) use funding made available to carry out this
subtitle to provide funding directly to the eligible
partner; and
``(ii) provide technical and administrative assistance,
as mutually agreed by the parties; and
``(B) enter into not more than 15 alternative funding
arrangements or grant agreements with 1 or more eligible
partners each fiscal year.
``(3) Duties of eligible partners.--Under a funding agreement
under paragraph (1), the eligible partner shall--
``(A) carry out eligible activities on eligible land in
agreement with producers to achieve conservation benefits on a
regional or watershed scale, such as--
``(i) infrastructure investments relating to
agricultural or nonindustrial private forest production
that would--
``(I) benefit multiple producers; and
``(II) address natural resource concerns such as
drought, wildfire, or water quality impairment on the
land covered by the project;
``(ii) projects addressing natural resources concerns
in coordination with producers, including the development
and implementation of watershed, habitat, or other area
restoration plans;
``(iii) projects that use innovative approaches to
leveraging the Federal investment in conservation with
private financial mechanisms, in conjunction with
agricultural production or forest resource management, such
as--
``(I) the provision of performance-based payments
to producers; and
``(II) support for an environmental market; or
``(iv) other projects for which the Secretary
determines that the goals and objectives of the program
would be easier to achieve through the funding agreement
under paragraph (1); and
``(B) submit to the Secretary, in addition to any
information that the Secretary requires to prepare the report
under section 1271E(b), an annual report that describes the
status of the project, including a description of--
``(i) the use of the funds awarded under paragraph (1);
``(ii) any subcontracts awarded;
``(iii) the producers receiving funding through the
funding agreement under paragraph (1);
``(iv)(I) the progress made by the project in
addressing each natural resource concern defined in the
funding agreement under paragraph (1), including in a
quantified form to the extent practicable; and
``(II) as appropriate, other outcomes of the project;
and
``(v) any other reporting data the Secretary determines
are necessary to ensure compliance with the program
rules.''.
SEC. 2705. FUNDING.
Section 1271D of the Food Security Act of 1985 (16 U.S.C. 3871d) is
amended--
(1) in subsection (a)--
(A) by striking ``$100,000,000'' and inserting
``$300,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2019
through 2023'';
(2) by striking subsection (c);
(3) by redesignating subsections (d) and (e) as subsections (c)
and (d), respectively;
(4) in subsection (c) (as so redesignated)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``and acres''; and
(ii) by striking ``and reserved for the program under
subsection (c)'';
(B) in paragraph (1)--
(i) 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 ``50 percent of the
funds 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''; and
(ii) by adding ``and'' after the semicolon;
(C) by striking paragraph (2);
(D) by redesignating paragraph (3) as paragraph (2); and
(E) in paragraph (2) (as so redesignated), by striking ``35
percent of the funds and acres'' and inserting ``50 percent of
the funds'';
(5) in subsection (d) (as so redesignated)--
(A) by striking ``None of the funds made available or
reserved for the program'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2), none of
the funds made available for the program, including for a
partnership agreement funded through an alternative funding
arrangement or grant agreement under section 1271C(d),''; and
(B) by adding at the end the following:
``(2) Project development and outreach.--Under a partnership
agreement that is not funded through an alternative funding
arrangement or grant agreement under section 1271C(d), the
Secretary may advance reasonable amounts of funding for not longer
than 90 days for technical assistance to eligible partners to
conduct project development and outreach activities in a project
area, including--
``(A) providing outreach and education to producers for
potential participation in the project;
``(B) establishing baseline metrics to support the
development of the assessment required under section
1271B(c)(1)(E); or
``(C) providing technical assistance to producers.''; and
(6) by adding at the end the following:
``(e) Technical Assistance.--
``(1) In general.--At the time of project selection, the
Secretary shall identify and make publicly available the amount
that the Secretary shall use to provide technical assistance under
the terms of the partnership agreement.
``(2) Limitation.--The Secretary shall limit costs of the
Secretary for technical assistance to costs specific and necessary
to carry out the objectives of the program.
``(3) Third-party providers.--The Secretary shall develop and
implement strategies to encourage third-party technical service
providers to provide technical assistance to eligible partners
pursuant to a partnership agreement.''.
SEC. 2706. ADMINISTRATION.
Section 1271E of the Food Security Act of 1985 (16 U.S.C. 3871e) is
amended--
(1) in subsection (a), by striking ``1271B(d)'' each place it
appears and inserting ``1271B(e)'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``December 31, 2014'' and inserting ``December 31, 2019'';
(B) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(C) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) a summary of--
``(A) the progress made towards achieving the conservation
benefits defined for the projects; and
``(B) any other related outcomes of the projects;'';
(D) in paragraph (4) (as so redesignated), by striking
``and'' at the end;
(E) in paragraph (5) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``1271C(b)(2)'' and inserting ``1271C(d)''; and
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(F) by adding at the end the following:
``(6) in the case of a project within a critical conservation
area under section 1271F, the status of each priority resource
concern for each designated critical conservation area, including--
``(A) the priority resource concerns for which each
critical conservation area is designated;
``(B) conservation goals and outcomes sufficient to
demonstrate that progress is being made to address the priority
resource concerns;
``(C) the partnership agreements selected to address each
conservation goal and outcome; and
``(D) the extent to which each conservation goal and
outcome is being addressed by the partnership agreements.'';
and
(3) by adding at the end the following:
``(c) Compliance With Certain Requirements.--The Secretary may not
provide assistance under the program to a producer unless the producer
agrees, during the program year for which the assistance is provided--
``(1) to comply with applicable conservation requirements under
subtitle B; and
``(2) to comply with applicable wetland protection requirements
under subtitle C.
``(d) Historically Underserved Producers.--To the maximum extent
practicable, in carrying out the program, the Secretary and eligible
partners shall conduct outreach to beginning farmers and ranchers,
veteran farmers and ranchers, socially disadvantaged farmers and
ranchers, and limited resource farmers and ranchers to encourage
participation by those producers in a project subject to a partnership
agreement or funding agreement under 1271C(d).
``(e) Regulations.--The Secretary shall issue regulations to carry
out the program.''.
SEC. 2707. CRITICAL CONSERVATION AREAS.
Section 1271F of the Food Security Act of 1985 (16 U.S.C. 3871f) is
amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated) the
following:
``(a) Definitions.--In this section:
``(1) Critical conservation area.--The term `critical
conservation area' means a geographical area that contains a
critical conservation condition that can be addressed through the
program.
``(2) Priority resource concern.--The term `priority resource
concern' means a natural resource concern located in a critical
conservation area that can be addressed through--
``(A) water quality improvement, including through reducing
erosion, promoting sediment control, and addressing nutrient
management activities affecting large bodies of water of
regional, national, or international significance;
``(B) water quantity improvement, including improvement
relating to--
``(i) drought;
``(ii) groundwater, surface water, aquifer, or other
water sources; or
``(iii) water retention and flood prevention;
``(C) wildlife habitat restoration to address species of
concern at a Federal, State, or local level; and
``(D) other natural resource improvements, as determined by
the Secretary, within the critical conservation area.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking ``(b) In General.--'' and inserting the
following:
``(b) Applications.--'';
(B) by striking ``1271D(d)(3)'' and inserting
``1271D(d)(2)'';
(C) by striking ``producer'' and inserting ``program''; and
(D) by inserting ``that address 1 or more priority resource
concerns for which the critical conservation area is
designated'' before the period at the end;
(4) in subsection (c) (as so redesignated)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) In general.--The Secretary shall identify 1 or more
priority resource concerns 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 priority
resource concern.'';
(C) in paragraph (2) (as so redesignated)--
(i) by striking subparagraphs (C) and (D) and inserting
the following:
``(C) contains 1 or more priority resource concerns; or'';
and
(ii) by redesignating subparagraph (E) as subparagraph
(D); and
(D) by striking paragraph (3) (as so redesignated) and
inserting the following:
``(3) Review and withdrawal.--The Secretary may--
``(A) review designations of critical conservation areas
under this section not more frequently than once every 5 years;
and
``(B) withdraw designation of a critical conservation area
only if the Secretary determines that the area is no longer a
critical conservation area.'';
(5) by inserting after subsection (c) (as so redesignated) the
following:
``(d) Outreach to Eligible Partners and Producers.--The Secretary
shall provide outreach and education to eligible partners and producers
in critical conservation areas designated under this section to
encourage the development of projects to address each priority resource
concern identified by the Secretary for that critical conservation
area.''; and
(6) in subsection (e) (as so redesignated)--
(A) in paragraph (1), by striking ``producer'' and
inserting ``program''; and
(B) by striking paragraph (3).
Subtitle H--Repeals and Technical Amendments
PART I--REPEALS
SEC. 2811. 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. 2812. 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. 2813. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION.
Subtitle F of title III of the Federal Agriculture Improvement and
Reform Act of 1996 (16 U.S.C. 5801 et seq.) is repealed.
SEC. 2814. 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. 2815. 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. 2816. 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. 2817. 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.
PART II--TECHNICAL AMENDMENTS
SEC. 2821. TECHNICAL AMENDMENTS.
(a) Watershed Protection and Flood Prevention Act.--Section 5(4) of
the Watershed Protection and Flood Prevention Act (16 U.S.C. 1005(4))
is amended--
(1) by striking ``goodwater'' and inserting ``floodwater''; and
(2) by striking ``Secretary of Health, Education, and Welfare''
each place it appears and inserting ``Secretary of Health and Human
Services''.
(b) Delineation of Wetlands; Exemptions.--Section 1222(j) of the
Food Security Act of 1985 (16 U.S.C. 3822(j)) is amended by striking
``National Resources Conservation Service'' and inserting ``Natural
Resources Conservation Service''.
(c) 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.
(d) Terminal Lakes Assistance.--Section 2507 of the Farm Security
and Rural Investment Act of 2002 (16 U.S.C. 3839bb-6) is amended--
(1) in subsection (e)--
(A) by striking paragraph (1);
(B) by redesignating paragraph (2) as paragraph (1); and
(C) by adding at the end the following:
``(2) No additional funds.--
``(A) In general.--Nothing in this section authorizes any
additional funds to carry out this section.
``(B) Availability of funds.--Any funds made available to
carry out this section before the date of enactment of the
Agriculture Improvement Act of 2018 may remain available until
expended.''; and
(2) by adding at the end the following:
``(f) Termination of Authority.--The authority provided by this
section shall terminate on October 1, 2023.''.
(e) Delivery of Technical Assistance.--Section 1242 of the Food
Security Act of 1985 (16 U.S.C. 3842) is amended by striking ``third
party'' each place it appears and inserting ``third-party''.
(f) Administrative Requirements for Conservation Programs.--Section
1244(b)(4)(B) of the Food Security Act of 1985 (16 U.S.C.
3844(b)(4)(B)) is amended by striking ``General Accounting Office'' and
inserting ``Government Accountability Office''.
SEC. 2822. STATE TECHNICAL COMMITTEES.
(a) Standards.--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)''.
(b) Composition.--Section 1261(c) of the Food Security Act of 1985
(16 U.S.C. 3861(c)) is amended by adding at the end the following:
``(14) The State Cooperative Extension Service and land grant
university in the State.''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3101. LABELING REQUIREMENTS.
Section 202(g) of the Food for Peace Act (7 U.S.C. 1722(g)) is
amended to read as follows:
``(g) Labeling of Assistance.--Agricultural commodities and other
assistance provided under this title shall, to the extent practicable,
be clearly identified with appropriate markings on the package or
container of such agricultural commodities or food procured outside of
the United States, or on printed material that accompanies other
assistance, in the language of the locality in which such commodities
and other assistance are distributed, as being furnished by the people
of the United States of America.''.
SEC. 3102. FOOD AID QUALITY ASSURANCE.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C. 1722(h)(3))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 3103. LOCAL SALE AND BARTER OF COMMODITIES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is amended--
(1) in subsection (a), by inserting ``to generate proceeds to
be used as provided in this section'' before the period at the end;
(2) by striking subsection (b); and
(3) by redesignating subsections (c) and (d) as subsections (b)
and (c), respectively.
SEC. 3104. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is
amended in paragraphs (1) and (2) by striking ``2018'' both places it
appears and inserting ``2023''.
SEC. 3105. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is amended--
(1) in subsection (d)(1), in the first sentence, by striking
``45'' and inserting ``30''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3106. ISSUANCE OF REGULATIONS.
Section 207(c)(1) of the Food for Peace Act (7 U.S.C. 1726a(c)(1))
is amended by striking ``the Agricultural Act of 2014''and inserting
``the Agriculture Improvement Act of 2018''.
SEC. 3107. OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C. 1726a(f)(4))
is amended--
(1) in subparagraph (A)--
(A) by striking ``$17,000,000'' and inserting ``1.5
percent, but not less than $17,000,000,''; and
(B) by striking ``2018'' each place it appears and
inserting ``2023''; and
(2) in subparagraph (B)--
(A) in clause (i), by striking ``2018'' and inserting
``2023''; and
(B) in clause (ii), by striking ``chapter 1 of part I of''.
SEC. 3108. ASSISTANCE FOR STOCKPILING AND RAPID TRANSPORTATION,
DELIVERY, AND DISTRIBUTION OF SHELF-STABLE PREPACKAGED FOODS.
Section 208 of the Food for Peace Act (7 U.S.C. 1726b) is amended--
(1) by amending the section heading to read as follows:
``international food relief partnership.''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3109. CONSIDERATION OF IMPACT OF PROVISION OF AGRICULTURAL
COMMODITIES AND OTHER ASSISTANCE ON LOCAL FARMERS AND ECONOMY.
(a) Inclusion of All Modalities.--Section 403(a) of the Food for
Peace Act (7 U.S.C. 1733(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
food procured outside of the United States, food voucher, or cash
transfer for food'' after ``agricultural commodity'';
(2) in paragraph (1), by inserting ``in the case of the
provision of an agricultural commodity,'' before ``adequate''; and
(3) in paragraph (2), by striking ``commodity'' and inserting
``agricultural commodity or use of the food procured outside of the
United States, food voucher, or cash transfer for food''.
(b) Avoidance of Disruptive Impact.--Section 403(b) of the Food for
Peace Act (7 U.S.C. 1733(b)) is amended--
(1) in the first sentence, by inserting ``, the use of food
procured outside of the United States, food vouchers, and cash
transfers for food,'' after ``agricultural commodities''; and
(2) in the second sentence, by striking ``of sales of
agricultural commodities''.
SEC. 3110. ALLOWANCE FOR DISTRIBUTION COSTS.
Section 406(b)(6) of the Food for Peace Act (7 U.S.C. 1736(b)(6))
is amended by striking ``and distribution costs'' and inserting ``,
distribution, and program implementation costs to use the
commodities''.
SEC. 3111. 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. 3112. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND ACTIVITIES.
(a) In General.--Section 407(f) of the Food for Peace Act (7 U.S.C.
1736a(f)) is amended to read as follows:
``(f) Annual Report Regarding Food Aid Programs and Activities.--
``(1) Annual report.--Not later than April 1 of each fiscal
year, the Administrator and the Secretary shall jointly, or each
separately, prepare and submit to the appropriate committees of
Congress a report regarding each program and activity carried out
under this Act by the Administrator, the Secretary, or both, as
applicable, during the prior fiscal year.
``(2) Contents.--An annual report described in paragraph (1)
shall include, with respect to the prior fiscal year, the
following:
``(A) A list that contains a description of each country
and organization that receives food and other assistance under
this Act (including the quantity of food and assistance
provided to each country and organization).
``(B) A general description of each project and activity
implemented under this Act (including each activity funded
through the use of local currencies) and the total number of
beneficiaries of the project.
``(C) A statement describing the quantity of agricultural
commodities made available to, and the total number of
beneficiaries in, each country pursuant to--
``(i) this Act;
``(ii) section 416(b) of the Agricultural Act of 1949
(7 U.S.C. 1431(b));
``(iii) the Food for Progress Act of 1985 (7 U.S.C.
1736o); and
``(iv) the McGovern-Dole International Food for
Education and Child Nutrition Program established by
section 3107 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1736o-1).
``(D) An assessment of the progress made through programs
under this Act towards reducing food insecurity in the
populations receiving food assistance from the United States.
``(E) A description of efforts undertaken by the Food Aid
Consultative Group under section 205 to achieve an integrated
and effective food assistance program.
``(F) An assessment of--
``(i) each program oversight, monitoring, and
evaluation system implemented under section 207(f); and
``(ii) the impact of each program oversight,
monitoring, and evaluation system on the effectiveness and
efficiency of assistance provided under this title.
``(G) An assessment of the progress made by the
Administrator in addressing issues relating to quality with
respect to the provision of food assistance.
``(H) A statement of the amount of funds (including funds
for administrative costs, indirect cost recovery, internal
transportation, storage and handling, and associated
distribution costs) provided to each eligible organization that
received assistance under this Act, that further describes the
following:
``(i) How such funds were used by the eligible
organization.
``(ii) The actual rate of return for each commodity
made available under this Act, including factors that
influenced the rate of return, and, for the commodity, the
costs of bagging or further processing, ocean
transportation, inland transportation in the recipient
country, storage costs, and any other information that the
Administrator and the Secretary determine to be necessary.
``(iii) For each instance in which a commodity was made
available under this Act at a rate of return less than 70
percent, the reasons for the rate of return realized.
``(I) For funds expended for purposes of section 202(e),
406(b)(6), and 407(c)(1)(B), a detailed accounting of the
expenditures and purposes of such expenditures with respect to
each such section.
``(3) Rate of return described.--For purposes of applying
subparagraph (H) of paragraph (2), the rate of return for a
commodity shall be equal to the proportion that--
``(A) the proceeds the implementing partners generate
through monetization; bears to
``(B) the cost to the Federal Government to procure and
ship the commodity to a recipient country for monetization.''.
(b) Conforming Repeal.--Subsection (m) of section 403 of the Food
for Peace Act (7 U.S.C. 1733) is repealed.
SEC. 3113. 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. 3114. MINIMUM LEVEL OF NONEMERGENCY FOOD ASSISTANCE.
Section 412(e) of the Food for Peace Act (7 U.S.C. 1736f(e)) is
amended to read as follows:
``(e) Minimum Level of Nonemergency Food Assistance.--
``(1) In general.--For each of fiscal years 2019 through 2023,
not less than $365,000,000 of the amounts made available to carry
out emergency and nonemergency food assistance programs under title
II, nor more than 30 percent of such amounts, shall be expended for
nonemergency food assistance programs under such title.
``(2) Community development funds.--Funds appropriated each
year to carry out part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq.) that are made available through grants or
cooperative agreements to strengthen food security in developing
countries and that are consistent with section 202(e)(1)(C) may be
considered amounts expended for nonemergency food assistance
programs for purposes of paragraph (1).
``(3) Farmer-to-farmer program.--In determining the amount
expended for a fiscal year for nonemergency food assistance
programs under paragraph (1), amounts expended for that year to
carry out programs under section 501 may be considered amounts
expended for nonemergency food assistance programs.''.
SEC. 3115. TERMINATION DATE FOR MICRONUTRIENT FORTIFICATION PROGRAMS.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g-2(c)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3116. 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'';
(B) in paragraph (1) by inserting ``technical'' before
``assistance''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
inserting ``employees or staff of a State cooperative
institution (as such term is defined in paragraph 18 of
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103),
except that subparagraphs (E), (F), and (G) of such
paragraph shall not apply),'' after ``private
corporations,''; and
(ii) in subparagraph (A)--
(I) by striking ``; and'' at the end of clause
(viii); and
(II) by striking clause (ix) and inserting the
following:
``(ix) agricultural education and extension;
``(x) selection of seed varieties and plant stocks;
``(xi) knowledge of insecticide and sanitation
procedures to prevent crop destruction;
``(xii) use and maintenance of agricultural equipment
and irrigation systems; and
``(xiii) selection of fertilizers and methods of soils
treatment; and'';
(2) in subsection (d), in the matter preceding paragraph (1),
by striking ``2018'' and inserting ``2023'';
(3) in subsection (e)(1), in the matter preceding subparagraph
(A), by striking ``2018'' and inserting ``2023''; and
(4) by adding at the end the following:
``(f) Grant Program to Create New Partners and Innovation.--
``(1) In general.--The Administrator of the Agency for
International Development shall develop a grant program to be
carried out in fiscal years 2019 through 2023 to facilitate new and
innovative partnerships and activities under this title.
``(2) Use of funds.--A grant recipient under this subsection
shall use funds received under this subsection to--
``(A) prioritize new implementing partners;
``(B) develop innovative volunteer models;
``(C) develop, improve, or maintain strategic partnerships
with other United States development programs; and
``(D) expand the footprint and impact of the programs and
activities under this title, and diversity among program
participants, including land-grant colleges and universities
and cooperative extension services (as such terms are defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3201. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
(a) In General.--Section 203 of the Agricultural Trade Act of 1978
(7 U.S.C. 5623) is amended to read as follows:
``SEC. 203. AGRICULTURAL TRADE PROMOTION AND FACILITATION.
``(a) Establishment.--The Secretary shall carry out activities
under this section--
``(1) to access, develop, maintain, and expand markets for
United States agricultural commodities; and
``(2) to promote cooperation and the exchange of information.
``(b) Market Access Program.--
``(1) Definition of eligible trade organization.--In this
subsection, the term `eligible trade organization' means--
``(A) a United States agricultural trade organization or
regional State-related organization that promotes the export
and sale of United States agricultural commodities and that
does not stand to profit directly from specific sales of United
States agricultural commodities;
``(B) a cooperative organization or State agency that
promotes the sale of United States agricultural commodities; or
``(C) a private organization that promotes the export and
sale of United States agricultural commodities if the Secretary
determines that such organization would significantly
contribute to United States export market development.
``(2) In general.--The Commodity Credit Corporation shall
establish and carry out a program, to be known as the `Market
Access Program', to encourage the development, maintenance, and
expansion of commercial export markets for United States
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.
``(3) Participation requirements.--
``(A) Marketing plan and other requirements.--To be
eligible for cost-share assistance under this subsection, an
eligible trade organization shall--
``(i) prepare and submit a marketing plan to the
Secretary that meets the guidelines governing such a
marketing plan specified in this paragraph or otherwise
established by the Secretary;
``(ii) meet any other requirements established by the
Secretary; and
``(iii) enter into an agreement with the Secretary.
``(B) Purpose of marketing plan.--A marketing plan
submitted under this paragraph shall describe the advertising
or other market oriented export promotion activities to be
carried out by the eligible trade organization with respect to
which assistance under this subsection is being requested.
``(C) Specific elements.--To be approved by the Secretary,
a marketing plan submitted under this paragraph shall--
``(i) specifically describe the manner in which
assistance received by the eligible trade organization, in
conjunction with funds and services provided by the
eligible trade organization, will be expended in
implementing the marketing plan;
``(ii) establish specific market goals to be achieved
under the marketing plan; and
``(iii) contain whatever additional requirements are
determined by the Secretary to be necessary.
``(D) Branded promotion.--A marketing plan approved by the
Secretary may provide for the use of branded advertising to
promote the sale of United States agricultural commodities in a
foreign country under such terms and conditions as may be
established by the Secretary.
``(E) Amendments.--An approved marketing plan may be
amended by the eligible trade organization at any time, subject
to the approval of the amendment by the Secretary.
``(4) Level of assistance and cost-share requirements.--
``(A) In general.--The Secretary shall justify in writing
the level of assistance to be provided to an eligible trade
organization under this subsection and the level of cost
sharing required of the organization.
``(B) Limitation on branded promotion.--Assistance provided
under this subsection for activities described in paragraph
(3)(D) shall not exceed 50 percent of the cost of implementing
the marketing plan, except that the Secretary may determine not
to apply such limitation in the case of United States
agricultural commodities with respect to which there has been a
favorable decision by the United States Trade Representative
under section 301 of the Trade Act of 1974 (19 U.S.C. 2411).
Criteria used by the Secretary for determining that the
limitation shall not apply shall be consistent and documented.
``(5) Other terms and conditions.--
``(A) Multiyear basis.--The Secretary may provide
assistance under this subsection on a multiyear basis, subject
to annual review by the Secretary for compliance with the
approved marketing plan.
``(B) Termination of assistance.--The Secretary may
terminate any assistance made, or to be made, available under
this subsection if the Secretary determines that--
``(i) the eligible trade organization is not adhering
to the terms and conditions applicable to the provision of
the assistance;
``(ii) the eligible trade organization is not
implementing the approved marketing plan or is not
adequately meeting the established goals of the plan;
``(iii) the eligible trade organization is not
adequately contributing its own resources to the
implementation of the plan; or
``(iv) the Secretary determines that termination of
assistance in a particular instance is in the best
interests of the Market Access Program.
``(C) Evaluations.--Beginning not later than 15 months
after the initial provision of assistance under this subsection
to an eligible trade organization, the Secretary shall monitor
the expenditures by the eligible trade organization of such
assistance, including the following:
``(i) An evaluation of the effectiveness of the
marketing plan of the eligible trade organization in
developing or maintaining markets for United States
agricultural commodities.
``(ii) An evaluation of whether assistance provided
under this subsection is necessary to maintain such
markets.
``(iii) A thorough accounting of the expenditure by the
eligible trade organization of the assistance provided
under this subsection.
``(6) Restrictions on use of funds.--Assistance provided under
this subsection to an eligible trade organization may not be used--
``(A) to provide direct assistance to any foreign for-
profit corporation for the corporation's use in promoting
foreign-produced products; or
``(B) to provide direct assistance to any for-profit
corporation that is not recognized as a small business concern
(as described in section 3(a) of the Small Business Act (15
U.S.C. 632(a))), excluding--
``(i) a cooperative;
``(ii) an association described in the first section of
the Act entitled `An Act To authorize association of
producers of agricultural products', approved February 18,
1922 (7 U.S.C. 291); or
``(iii) a nonprofit trade association.
``(7) Permissive use of funds.--Assistance provided under this
subsection to a United States agricultural trade association,
cooperative, or small business may be used for individual branded
promotional activity related to a United States branded product, if
the beneficiaries of the activity have provided funds for the
activity in an amount that is at least equivalent to the amount of
such assistance.
``(8) Priority.--In providing assistance for branded promotion,
the Secretary should give priority to small-sized entities.
``(9) Contribution level.--
``(A) In general.--The Secretary should require a minimum
contribution level of 10 percent from an eligible trade
organization that receives assistance for nonbranded promotion.
``(B) Increases in contribution level.--The Secretary may
increase the contribution level in any subsequent year that an
eligible trade organization receives assistance for nonbranded
promotion.
``(10) Additionality.--The Secretary should require each
participant in the Market Access Program to certify that any
Federal funds received supplement, but do not supplant, private or
third party participant funds or other contributions to Program
activities.
``(11) Independent audits.--If as a result of an evaluation or
audit of activities of a participant under the Market Access
Program, the Secretary determines that a further review is
justified in order to ensure compliance with the requirements of
the Program, the Secretary should require the participant to
contract for an independent audit of the Program activities,
including activities of any subcontractor.
``(12) Tobacco.--No funds made available under the Market
Access Program may be used for activities to develop, maintain, or
expand foreign markets for tobacco.
``(c) Foreign Market Development Cooperator Program.--
``(1) Definition of eligible trade organization.--In this
subsection, the term `eligible trade organization' means a United
States trade organization that--
``(A) promotes the export of 1 or more United States
agricultural commodities; and
``(B) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities.
``(2) Establishment.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a program
to be known as the `Foreign Market Development Cooperator Program'
to maintain and develop foreign markets for United States
agricultural commodities.
``(3) Use of funds.--Funds made available to carry out this
subsection shall be used only to provide--
``(A) cost-share assistance to an eligible trade
organization under a contract or agreement with the eligible
trade organization; and
``(B) assistance for other costs that are appropriate to
carry out the Foreign Market Development Cooperator Program,
including contingent liabilities that are not otherwise funded.
``(d) E (Kika) De La Garza Emerging Markets Program.--
``(1) Definition of emerging market.--In this subsection, the
term `emerging market' means any country, foreign territory,
customs union, or other economic market that the Secretary
determines--
``(A) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of its
economy; and
``(B) has the potential to provide a viable and significant
market for United States agricultural commodities.
``(2) Establishment.--The Secretary shall establish and carry
out a program, to be known as the `E (Kika) de la Garza Emerging
Markets Program'--
``(A) to develop agricultural markets in emerging markets;
and
``(B) to promote cooperation and exchange of information
between agricultural institutions and agribusinesses in the
United States and emerging markets.
``(3) Development of agricultural systems.--
``(A) In general.--
``(i) Implementation.--To develop, maintain, or expand
markets for exports of United States agricultural
commodities, the Secretary shall make available to emerging
markets the expertise of the United States--
``(I) to make assessments of food and rural
business systems needs;
``(II) to make recommendations on measures
necessary to enhance the effectiveness of the food and
rural business systems described in subclause (I),
including potential reductions in trade barriers; and
``(III) to identify and carry out specific
opportunities and projects to enhance the effectiveness
of the food and rural business systems described in
subclause (I).
``(ii) Extent of program.--The Secretary shall
implement this subparagraph with respect to at least 3
emerging markets in each fiscal year.
``(B) Experts from the united states.--The Secretary may
implement subparagraph (A) by providing--
``(i) 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 subparagraph (A)(i)
in emerging markets;
``(ii) for necessary subsistence and transportation
expenses of--
``(I) United States food and rural business system
experts, including United States agricultural producers
and other United States individuals knowledgeable in
agricultural and agribusiness matters, to enable such
United States food and rural business system experts to
assist in transferring knowledge and expertise to
entities from emerging markets; and
``(II) individuals designated by emerging markets
to enable such designated individuals to consult with
such United States experts to enhance food and rural
business systems of such emerging markets and to
transfer knowledge and expertise to such emerging
markets.
``(C) Cost-sharing.--The Secretary shall encourage the
nongovernmental experts described in subparagraph (B) to share
the costs of, and otherwise assist in, the participation of
those experts in the E (Kika) de la Garza Emerging Markets
Program.
``(D) 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
subclauses (II) and (III) of subparagraph (A)(i).
``(E) Reports to secretary.--A team that receives
assistance under subparagraph (B)(i) shall prepare and submit
to the Secretary such reports as the Secretary may require.
``(F) Advisory committee.--To provide the Secretary with
information that may be useful to the Secretary in carrying out
this subsection, the Secretary may establish an advisory
committee composed of representatives of the various sectors of
the food and rural business systems of the United States.
``(G) Effect.--The authority provided under this subsection
shall be in addition to and not in place of any other authority
of the Secretary or the Commodity Credit Corporation.
``(e) Technical Assistance for Specialty Crops.--
``(1) Establishment.--The Secretary of Agriculture shall
establish an export assistance program, in this subsection referred
to as the `program', to address existing or potential unique
barriers that prohibit or threaten the export of United States
specialty crops.
``(2) 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, phytosanitary, and technical barriers to trade.
``(3) Priority.--The program shall address time sensitive and
strategic market access projects based on--
``(A) trade effect on market retention, market access, and
market expansion; and
``(B) trade impact.
``(4) 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 described in paragraph (2).
``(5) Outreach and technical assistance.--The Secretary shall--
``(A) conduct outreach to inform eligible organizations of
the requirements of the program and the process by which such
organizations may submit proposals for funding;
``(B) provide technical assistance to eligible
organizations to assist in developing proposals and complying
with the requirements of the program; and
``(C) solicit input from eligible organizations on
improvements to streamline and facilitate the provision of
assistance under this subsection.
``(6) Regulations and procedures.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall review program regulations, procedures, and
guidelines for assistance under this subsection and make
revisions to streamline, improve, and clarify the application,
approval and compliance processes for such assistance,
including revisions to implement the requirements of paragraph
(5).
``(B) Considerations.--In reviewing and making revisions
under subparagraph (A), the Secretary shall consider--
``(i) establishing accountability standards that are
appropriate for the size and scope of a project; and
``(ii) establishing streamlined application and
approval processes, including for smaller-scale projects or
projects to address time-sensitive trade barriers.
``(7) Annual report.--Each year, the Secretary shall submit to
the appropriate committees of Congress a report that contains, for
the period covered by the report, a description of--
``(A) each factor that affects the export of specialty
crops, including each factor relating to any--
``(i) significant sanitary or phytosanitary issue;
``(ii) trade barrier; or
``(iii) emerging sanitary or phytosanitary issue or
trade barrier; and
``(B)(i) any funds provided under subsection (f)(3)(A)(iv)
that were not obligated in a fiscal year; and
``(ii) the reason such funds were not obligated.
``(f) Funding and Administration.--
``(1) Commodity credit corporation.--The Secretary shall use
the funds, facilities, and authorities of the Commodity Credit
Corporation to carry out this section.
``(2) 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 section $255,000,000, to remain available until expended.
``(3) Allocation.--
``(A) In general.--For each of fiscal years 2019 through
2023, the Secretary shall allocate funds to carry out this
section in accordance with the following:
``(i) Market access program.--For market access
activities authorized under subsection (b), 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.
``(ii) Foreign market development cooperator program.--
To carry out subsection (c), 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.
``(iii) E (kika) de la garza emerging markets
program.--To provide assistance under subsection (d), of
the funds of, or an equal value of commodities owned by,
the Commodity Credit Corporation, not more than $8,000,000
for each fiscal year.
``(iv) Technical assistance for specialty crops.--To
carry out subsection (e), of the funds of, or an equal
value of the commodities owned by, the Commodity Credit
Corporation, $9,000,000 for each fiscal year.
``(v) Priority trade fund.--
``(I) In general.--In addition to the amounts
allocated under clauses (i) through (iv), and
notwithstanding any limitations in those clauses, as
determined by the Secretary, for 1 or more programs
under this section for authorized activities to access,
develop, maintain, and expand markets for United States
agricultural commodities, $3,500,000 for each fiscal
year.
``(II) Considerations.--In allocating funds made
available under subclause (I), the Secretary may
consider providing a greater allocation to 1 or more
programs under this section for which the amounts
requested under applications exceed available funding
for the 1 or more programs.
``(B) Reallocation.--Any funds allocated under clauses (i)
through (iv) of subparagraph (A) that remain unobligated one
year after the end of the fiscal year in which they are first
made available shall be reallocated to the priority trade fund
under subparagraph (A)(v). To the maximum extent practicable,
the Secretary shall allocate such reallocated funds to support
exports of those types of United States agricultural
commodities eligible for assistance under the program for which
the funds were originally allocated under subparagraph (A).
``(4) 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 subsections (b)
and (c) in Cuba. Funds may not be used as described in the previous
sentence in contravention with directives set forth under the
National Security Presidential Memorandum entitled `Strengthening
the Policy of the United States Toward Cuba' issued by the
President on June 16, 2017, during the period in which that
memorandum is in effect.
``(5) Authorization of appropriations.--In addition to any
other amounts provided under this subsection, there are authorized
to be appropriated such sums as are necessary to carry out the
programs and authorities under paragraph (3)(A)(v) and subsections
(b) through (e).''.
(b) Conforming Amendments.--
(1) Market access program.--
(A) Section 211 of the Agricultural Trade Act of 1978 (7
U.S.C. 5641) is amended by striking subsection (c).
(B) 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 ``203(b)''.
(C) 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 203(b) of the Agricultural
Trade Act of 1978 (7 U.S.C. 5623(b))''.
(D) 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 203(b) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5623(b)''.
(E) Section 1302 of the Omnibus Budget Reconciliation Act
of 1993 is repealed.
(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 emerging markets program.--
(A) Section 1542 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101-624)
is amended--
(i) by striking subsection (d);
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively; and
(iii) in subsection (e) (as so redesignated)--
(I) in the matter preceding paragraph (1), by
striking ``country'' and inserting ``country, foreign
territory, customs union, or other economic market'';
and
(II) in paragraph (1), by striking ``the economy of
the country'' and inserting ``its economy''.
(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 203(d) of the Agricultural
Trade Act of 1978'' after ``section 1542''.
(4) Technical assistance for specialty crops.--Section 3205 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 5680)
is repealed.
Subtitle C--Other Agricultural Trade Laws
SEC. 3301. GROWING AMERICAN FOOD EXPORTS.
Section 1543A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5679) is amended--
(1) in subsection (b)(1)(A), by inserting ``or new agricultural
production technologies'' after ``biotechnology''; and
(2) in subsection (d), by striking ``$6,000,000'' and all that
follows through the period at the end and inserting ``$2,000,000
for each of fiscal years 2019 through 2023.''.
SEC. 3302. FOOD FOR PROGRESS ACT OF 1985.
Section 1110 of the Food Security Act of 1985 (also known as the
Food for Progress Act of 1985 (7 U.S.C. 1736o)) is amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) by striking ``and'' at the end of subparagraph (E);
(ii) by redesignating subparagraph (F) as subparagraph
(G); and
(iii) by inserting after subparagraph (E) the following
new subparagraph:
``(F) a college or university (as such terms are defined in
section 1404(4) of the Food and Agriculture Act of 1977 (7
U.S.C. 3103(4)); and''; and
(B) by adding at the end the following new paragraphs:
``(10) Rate of return.--For purposes of applying subsection
(j)(3), the rate of return for an eligible commodity shall be equal
to the proportion that--
``(A) the proceeds eligible entities generate through
monetization of such commodity, bears to
``(B) the cost to the Federal Government to procure and
ship the commodity to the country where it is monetized.
``(11) Secretary.--The term `Secretary' means the Secretary of
Agriculture.'';
(3) in subsection (f)(3), by striking ``2018'' and inserting
``2023'';
(4) in subsection (g), by striking ``2018'' and inserting
``2023'';
(5) in subsection (j)(3)--
(A) by striking ``December 1'' and inserting ``April 1'';
(B) by striking ``of the Senate a list of programs'' and
inserting ``of the Senate--
``(A) a list of programs'';
(C) by striking ``approved to date for the fiscal year''
and inserting ``approved during the prior fiscal year'';
(D) by striking the period at the end and inserting a
semicolon; and
(E) by adding at the end the following new subparagraphs:
``(B) a description of the actual rate of return for each
commodity made available under this section for the previous
fiscal year including--
``(i) factors that influenced the rate of return; and
``(ii) with respect to the commodity, the costs of
bagging or further processing, ocean transportation, inland
transportation, storage costs, and any other information
that the Secretary determines to be necessary; and
``(C) for each instance in which a commodity was made
available under this section at a rate of return less than 70
percent, an explanation for the rate of return realized.''.
(6) in subsection (k), by striking ``2018'' and inserting
``2023'';
(7) in subsection (l)(1), by striking ``2018'' and inserting
``2023'';
(8) in the heading of subsection (m), by striking
``Presidential'' and inserting ``Secretarial'';
(9) in subsection (o), by striking ``(acting through the
Secretary)'';
(10) in subsection (o)(1), by striking ``subparagraphs (C) and
(F)'' and inserting ``subparagraphs (C) and (G)''; and
(11) by adding at the end the following new subsection:.
``(p) Pilot Agreements.--
``(1) In general.--For each of fiscal years 2019 through 2023,
subject to the availability of appropriations pursuant to the
authorization in paragraph (3), the Secretary shall enter into 1 or
more pilot agreements with 1 or more eligible entities through
which the Secretary shall provide financial assistance to the
eligible entities to carry out activities consistent with
subsection (l)(4)(A).
``(2) Report required.--In each of fiscal years 2020 through
2024, the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing, with
respect to the previous fiscal year--
``(A) the amount provided to eligible entities under each
pilot agreement pursuant to paragraph (1) and how the funds
were used;
``(B) the activities carried out under each pilot
agreement;
``(C) the number of direct and indirect beneficiaries of
those activities; and
``(D) the effectiveness of the pilot agreements, including
as applicable the impact on food security and agricultural
productivity.
``(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out pilot agreements pursuant to this
subsection $10,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 3303. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2018'' each place
it appears and inserting ``2023''; and
(2) in subsection (h), by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3304. 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. 3305. COCHRAN FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 3293) is amended--
(1) in subsection (a), by striking ``for study in the United
States.'' and inserting the following: ``for study--
``(1) in the United States; or
``(2) at a college or university located in an eligible country
that the Secretary determines--
``(A) has sufficient scientific and technical facilities;
``(B) has established a partnership with at least one
college or university in the United States; and
``(C) has substantial participation by faculty members of
the United States college or university in the design of the
fellowship curriculum and classroom instruction under the
fellowship.'';
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``(which may include
agricultural extension services)'' after ``systems''; and
(B) in paragraph (2)--
(i) by striking ``enhance trade'' and inserting the
following: ``enhance--
``(A) trade'';
(ii) in subparagraph (A) (as so designated) by striking
the period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(B) linkages between agricultural interests in the United
States and regulatory systems governing sanitary and
phytosanitary standards for agricultural products that--
``(i) may enter the United States; and
``(ii) may pose risks to human, animal, or plant life
or health.''; and
(3) in subsection (f)--
(A) in paragraph (1), by striking ``$3,000,000'' and
inserting ``$4,000,000'';
(B) in paragraph (2), by striking ``$2,000,000'' and
inserting ``$3,000,000''; and
(C) in paragraph (3), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 3306. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND TECHNOLOGY
FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319j) is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by striking
``shall support'' and inserting ``support'';
(B) in subparagraph (C), by striking ``and'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(E) the development of agricultural extension services in
eligible countries.''; and
(2) in subsection (f)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Leveraging alumni engagement.--In carrying out the
purposes and programs under this section, the Secretary shall
encourage ongoing engagement with fellowship recipients who have
completed training under the program to provide advice regarding,
and participate in, new or ongoing agricultural development
projects, with a priority for capacity-building projects.''.
SEC. 3307. INTERNATIONAL AGRICULTURAL EDUCATION FELLOWSHIP PROGRAM.
(a) Fellowship Program Establishment.--The Secretary shall
establish a fellowship program to be known as the International
Agricultural Education Fellowship Program to provide fellowships to
citizens of the United States to assist eligible countries in
developing school-based agricultural education and youth extension
programs.
(b) Eligible Country Described.--For purposes of this section, an
eligible country is a developing country, as determined by the
Secretary using a gross national income per capita test selected by the
Secretary.
(c) Purpose of Fellowships.--The goals of providing a fellowship
under this section are to--
(1) develop globally minded United States agriculturists with
experience living abroad;
(2) focus on meeting the food and fiber needs of the domestic
population of eligible countries; and
(3) strengthen and enhance trade linkages between eligible
countries and the United States agricultural industry.
(d) Eligible Candidates.--The Secretary may provide fellowships to
citizens of the United States who--
(1) hold at least a bachelors degree in an agricultural related
field of study; and
(2) have an understanding of United States school-based
agricultural education and youth extension programs, as determined
by the Secretary.
(e) Candidate Identification.--The Secretary shall consult with the
National FFA Organization, the National 4-H Council, and other entities
as the Secretary determines are appropriate to identify candidates for
fellowships.
(f) Program Implementation.--The Secretary shall provide for the
management, coordination, evaluation, and monitoring of the Fellowship
Program, except that the Secretary may contract out the management of
the fellowship program to an outside organization with experience in
implementing fellowship programs focused on building capacity for
school-based agricultural education and youth extension programs in
developing countries.
(g) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$5,000,000 to carry out this section for each of fiscal years 2019
through 2023.
(2) Duration.--Any funds made available under this subsection
shall remain available until expended.
SEC. 3308. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
The Food, Agriculture, Conservation, and Trade Act of 1990 is
amended by inserting after section 1543A (7 U.S.C. 5679) the following:
``SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
``(a) Definition of International Food Security.--In this section,
the term `international food security' means access by any person at
any time to food and nutrition that is sufficient for a healthy and
productive life.
``(b) Collection of Information.--The Secretary of Agriculture
(referred to in this section as the `Secretary') shall compile
information from appropriate mission areas of the Department of
Agriculture (including the Food, Nutrition, and Consumer Services
mission area) relating to the improvement of international food
security.
``(c) Public Availability.--To benefit programs for the improvement
of international food security, the Secretary shall organize the
information described in subsection (b) and make the information
available in a format suitable for--
``(1) public education; and
``(2) use by--
``(A) a Federal, State, or local agency;
``(B) an agency or instrumentality of the government of a
foreign country;
``(C) a domestic or international organization, including a
domestic or international nongovernmental organization; and
``(D) an intergovernmental organization.
``(d) Technical Assistance.--On request by an entity described in
subsection (c)(2), the Secretary may provide technical assistance to
the entity to implement a program for the improvement of international
food security.
``(e) Program Priority.--In carrying out this section, the
Secretary shall give priority to programs relating to the development
of food and nutrition safety net systems with a focus on food insecure
countries.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 3309. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM.
Section 3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o-1) is amended--
(1) in subsection (a)--
(A) by striking ``that is'' and inserting the following:
``that--
``(1) is'';
(B) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(2)(A) is produced in and procured from--
``(i) a developing country that is a recipient country; or
``(ii) a developing country in the same region as a
recipient country; and
``(B) at a minimum, meets each nutritional, quality, and
labeling standard of the recipient country, as determined by the
Secretary.'';
(2) in subsection (c)(2)(A)--
(A) in clause (v)(IV), by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the costs associated with transporting the
commodities described in subsection (a)(2) from a
developing country described in subparagraph (A)(ii) of
that subsection to any designated point of entry within the
recipient country; and'';
(3) in subsection (f)(1)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) ensure to the maximum extent practicable that
assistance--
``(i) is provided under this section in a timely
manner; and
``(ii) is available when needed throughout the
applicable school year;''; and
(4) in subsection (l)--
(A) in paragraph (2), by striking ``2018'' and inserting
``2023''; and
(B) by adding at the end the following:
``(4) Purchase of commodities.--Of the funds made available to
carry out this section, not more than 10 percent shall be used to
purchase agricultural commodities described in subsection
(a)(2).''.
SEC. 3310. GLOBAL CROP DIVERSITY TRUST.
Section 3202 of the Food, Conservation, and Energy Act of 2008 (22
U.S.C. 2220a note; Public Law 110-246) is amended--
(1) by amending subsection (b) to read as follows:
``(b) United States Contribution Limit.--
``(1) In general.--The aggregate contributions of funds of the
Federal Government provided to the Trust shall not exceed--
``(A) for the period of fiscal years 2014 through 2018, 25
percent of the total amount of funds contributed to the Trust
from all sources; and
``(B) subject to paragraph (2), effective beginning with
fiscal year 2019, 33 percent of the total amount of funds
contributed to the Trust from all sources.
``(2) Annual limitation.--The contributions of funds of the
Federal Government provided to the Trust shall not exceed
$5,500,000 for each of fiscal years 2019 through 2023.''; and
(2) in subsection (c), by striking ``2018'' and inserting
``2023''.
SEC. 3311. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
Section 3206(e)(1) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 1726c(e)(1)) is amended--
(1) by inserting ``to the Secretary'' after ``appropriated'';
and
(2) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 3312. 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 Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6921(b)(2)) (as
added by section 12303(2)) (referred to in this section as the
``Advisory Committee''), shall seek--
(A) to support the greater inclusion of Tribal agricultural
and food products in Federal trade-related activities; and
(B) to increase the collaboration between Federal trade
promotion efforts and other Federal trade-related activities in
support of the greater inclusion sought under subparagraph (A).
(2) Interdepartmental coordination.--In carrying out activities
to increase the collaboration described in paragraph (1)(B), the
Secretary shall coordinate with--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal agencies.
(b) Report; Goals.--
(1) Report.--Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit a report describing the
efforts of the Department of Agriculture and other Federal agencies
under this section to--
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of
Representatives;
(C) the Committee on Energy and Commerce of the House of
Representatives;
(D) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(E) the Committee on Commerce, Science, and Transportation
of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Goals.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall establish goals for measuring, in
an objective and quantifiable format, the extent to which Indian
Tribes and Tribal agricultural and food products are included in
the trade-related activities of the Department of Agriculture.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4001. REQUIREMENTS FOR ONLINE ACCEPTANCE OF BENEFITS.
(a) Definition.--Section 3(o)(1) of the Food and Nutrition Act of
2008 (7 U.S.C. 2012(o)(1)) is amended by striking ``or house-to-house
trade route'' and inserting ``, house-to-house trade route, or online
entity''.
(b) Acceptance of Benefits.--Section 7(k) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(k)) is amended--
(1) by striking the heading and inserting ``Acceptance of
Program Benefits Through Online Transactions'',
(2) in paragraph (4) by striking subparagraph (C), and
(3) by striking paragraph (5).
SEC. 4002. RE-EVALUATION OF THRIFTY FOOD PLAN.
Section 3(u) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(u)) is amended by inserting after the 1st sentence the following:
``By 2022 and at 5-year intervals thereafter, the Secretary shall re-
evaluate and publish the market baskets of the thrifty food plan based
on current food prices, food composition data, consumption patterns,
and dietary guidance.''.
SEC. 4003. 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.--Subject to subparagraph (B), the
Secretary shall pay not less than 80 percent of administrative
costs and distribution costs on Indian reservations as the
Secretary determines necessary for effective administration of
such distribution by a State agency or tribal organization.
``(B) Waiver.--The Secretary shall waive up to 100 percent
of the non-Federal share of the costs described in subparagraph
(A) if the Secretary determines that--
``(i) the tribal organization is financially unable to
provide a greater non-Federal share of the costs; or
``(ii) providing a greater non-Federal share of the
costs would be a substantial burden for the tribal
organization.
``(C) Limitation.--The Secretary may not reduce any
benefits or services under the food distribution program on
Indian reservations under this subsection to any tribal
organization that is granted a waiver under subparagraph (B).
``(D) Tribal contribution.--The Secretary may allow a
tribal organization to use funds provided to the tribal
organization through a Federal agency or other Federal benefit
to satisfy all or part of the non-Federal share of the costs
described in subparagraph (A) if that use is otherwise
consistent with the purpose of the funds.'',
(2) in paragraph (6)--
(A) in the heading by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(B) in subparagraph (A) by striking ``locally-grown'' and
inserting ``locally- and regionally-grown'',
(C) in subparagraph (C)--
(i) in the heading by striking ``locally grown'' and
inserting ``locally- and regionally-grown'', and
(ii) by striking ``locally-grown'' and inserting
``locally- and regionally-grown'',
(D) by amending subparagraph (D) to read as follows:
``(D) Purchase of foods.--In carrying out this paragraph,
the Secretary shall purchase or offer to purchase those
traditional foods that may be procured cost-effectively.'',
(E) by striking subparagraph (E), and
(F) in subparagraph (F)--
(i) by striking ``(F)'' and inserting ``(E)'', and
(ii) by striking ``2018'' and inserting ``2023'', and
(3) by adding at the end the following:
``(7) Availability of funds.--
``(A) In general.--Funds made available for a fiscal year
to carry out this subsection shall remain available for
obligation for a period of 2 fiscal years.
``(B) Administrative costs.--Funds made available for a
fiscal year to carry out paragraph (4) shall remain available
for obligation by the State agency or tribal organization for a
period of 2 fiscal years.''.
(b) Demonstration Project for Tribal Organizations.--
(1) Definitions.--In this subsection:
(A) Demonstration project.--The term ``demonstration
project'' means the demonstration project established under
paragraph (2).
(B) Food distribution program.--The term ``food
distribution program'' means the food distribution program on
Indian reservations carried out under section 4(b) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
(C) Indian reservation.--The term ``Indian reservation''
has the meaning given the term ``reservation'' in section 3 of
the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(D) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(E) Self-determination contract.--The term ``self-
determination contract'' has the meaning given the term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(F) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012).
(2) Establishment.--Subject to the availability of
appropriations, the Secretary shall establish a demonstration
project under which 1 or more tribal organizations may enter into
self-determination contracts to purchase agricultural commodities
under the food distribution program for the Indian reservation of
that tribal organization.
(3) Eligibility.--
(A) Consultation.--The Secretary shall consult with the
Secretary of the Interior and Indian tribes to determine the
process and criteria under which a tribal organization may
participate in the demonstration project.
(B) Criteria.--The Secretary shall select for participation
in the demonstration project tribal organizations that--
(i) are successfully administering the food
distribution program of the tribal organization under
section 4(b)(2)(B) of the Food and Nutrition Act of 2008 (7
U.S.C. 2013(b)(2)(B)),
(ii) have the capacity to purchase agricultural
commodities in accordance with paragraph (4) for the food
distribution program of the tribal organization, and
(iii) meet any other criteria determined by the
Secretary, in consultation with the Secretary of the
Interior and Indian tribes.
(4) Procurement of agricultural commodities.--Any agricultural
commodities purchased by a tribal organization under the
demonstration project shall--
(A) be domestically produced,
(B) supplant, not supplement, the type of agricultural
commodities in existing food packages for that tribal
organization,
(C) be of similar or higher nutritional value as the type
of agricultural commodities that would be supplanted in the
existing food package for that tribal organization, and
(D) meet any other criteria determined by the Secretary.
(5) Report.--Not later than 1 year after the date on which
funds are appropriated under paragraph (6) and annually thereafter,
the Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report describing the
activities carried out under the demonstration project during the
preceding year.
(6) Funding.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $5,000,000, to remain available until expended.
(B) Appropriations in advance.--Only funds appropriated
under subparagraph (A) in advance specifically to carry out
this subsection shall be available to carry out this
subsection.
(c) Conforming Amendment.--Section 3(v) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(v)) is amended by striking ``the Indian
Self-Determination Act (25 U.S.C. 450b(b))'' and inserting ``section 4
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)''.
SEC. 4004. SIMPLIFIED HOMELESS HOUSING COSTS.
Section 5(e)(6)(D) of the Food and Nutrition Act of 2008 (7 U.S.C.
2014(e)(6)(D)) is amended--
(1) by redesignating clause (ii) as clause (iii), and
(2) by striking clause (i) and inserting the following:
``(i) Alternative deduction.--The State agency shall
allow a deduction of $143 a month for households--
``(I) in which all members are homeless
individuals;
``(II) that are not receiving free shelter
throughout the month; and
``(III) that do not opt to claim an excess shelter
expense deduction under subparagraph (A).
``(ii) Adjustment.--For fiscal year 2019 and each
subsequent fiscal year the amount of the homeless shelter
deduction specified in clause (i) shall be adjusted to
reflect changes for the 12-month period ending the
preceding November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of Labor Statistics
of the Department of Labor.''.
SEC. 4005. EMPLOYMENT AND TRAINING FOR SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM.
(a) Employment and Training Programs That Meet State and Local
Workforce Needs.--Section 6(d)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(d)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``, in consultation with the State
workforce development board, or, if the State demonstrates
that consultation with private employers or employer
organizations would be more effective or efficient, in
consultation with private employers or employer
organizations,'' after ``designed by the State agency'',
and
(ii) by striking ``that will increase their ability to
obtain regular employment.'' and inserting the following:
``that will--
``(I) increase the ability of the household members
to obtain regular employment; and
``(II) meet State or local workforce needs.'', and
(B) in clause (ii) by inserting ``and implemented to meet
the purposes of clause (i)'' after ``under this paragraph'',
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by inserting ``case
management services such as comprehensive intake assessments,
individualized service plans, progress monitoring, or
coordination with service providers and'' after ``contains'',
(B) in clause (iv) by redesignating subclauses (I) and (II)
as items (aa) and (bb), respectively, and indenting
appropriately,
(C) by redesignating clauses (i) through (vii) and clause
(viii) as subclauses (I) through (VII) and subclause (IX),
respectively, and indenting appropriately,
(D) by striking subclause (I), as so redesignated, and
inserting the following:
``(I) Supervised job search programs that occur at
State-approved locations at which the activities of
participants shall be directly supervised and the
timing and activities of participants tracked in
accordance with guidelines issued by the State.'',
(E) in subclause (II), as so redesignated, by striking
``jobs skills assessments, job finding clubs, training in
techniques for'' and inserting ``employability assessments,
training in techniques to increase'',
(F) in subclause (IV), as so redesignated, in the first
sentence, by inserting ``, including subsidized employment and
apprenticeships'' before the period at the end,
(G) in subclause (VII), as so redesignated, by inserting
``not less than 30 days but'' after ``period of'',
(H) by inserting after subclause (VII), as so redesignated,
the following:
``(VIII) Programs and activities under clause (iv)
of section 16(h)(1)(F) that the Secretary determines,
based on results from the independent evaluations
conducted under clause (vii)(I) of such section, have
the most demonstrable impact on the ability of
participants to find and retain employment that leads
to increased household income and reduced reliance on
public assistance.'',
(I) in the matter preceding subclause (I), as so
redesignated--
(i) by striking ``this subparagraph'' and inserting
``this clause'', and
(ii) by striking ``(B) For purposes of this Act, an''
and inserting the following:
``(B) Definitions.--In this Act:
``(i) Employment and training program.--The term'', and
(J) 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--
``(AA) a private employer, an organization
representing private employers, or a nonprofit
organization providing services relating to
workforce development; or
``(BB) an entity identified as an eligible
provider of training services under section
122(d) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3152(d));
``(bb) the Secretary certifies, or the State
agency certifies to the Secretary--
``(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 less 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 or subsection (o);
``(EE) would be willing to serve as a
reference for participants who are members of
households participating in the supplemental
nutrition assistance program for future
employment or work-related programs; and
``(FF) meets any other criteria established
by the Secretary, on the condition that the
Secretary shall not establish any additional
criteria that would impose significant
paperwork burdens on the workforce partnership;
and
``(cc) is in compliance with the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.), if
applicable.
``(II) Inclusion.--The term `workforce partnership'
includes a multistate program.'',
(3) in subparagraph (E)--
(A) in the second sentence, by striking ``Such
requirements'' and inserting the following:
``(ii) Variation.--The requirements under clause (i)'',
(B) by striking ``(E) Each State'' and inserting the
following:
``(E) Requirements for participation for certain
individuals.--
``(i) In general.--Each State'', and
(C) by adding at the end the following:
``(iii) Application to workforce partnerships.--To the
extent that a State agency requires an individual to
participate in an employment and training program, the
State agency shall consider an individual participating in
a workforce partnership to be in compliance with the
employment and training requirements.'',
(4) in subparagraph (H), by striking ``(B)(v)'' and inserting
``(B)(i)(V)'', and
(5) by adding at the end the following:
``(N) Workforce partnerships.--
``(i) Certification.--In certifying that a program
meets the requirements of subitems (AA) and (BB) of
subparagraph (B)(ii)(I)(bb) to be certified as a workforce
partnership, the Secretary or the State agency shall
require that the program submit to the Secretary or State
agency sufficient information that describes--
``(I) the services and activities of the program
that would provide participants with not less than 20
hours per week of training, work, or experience under
those subitems; and
``(II) how the program would provide services and
activities described in subclause (I) that would
directly enhance the employability or job readiness of
the participant.
``(ii) 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.
``(iii) Participation.--A State agency--
``(I) shall--
``(aa) maintain a list of workforce
partnerships certified under subparagraph
(B)(ii)(I)(bb); and
``(bb) not less frequently than at
certification and recertification, provide to a
household member subject to work requirements under
subsection (d)(1) or subsection (o), electronically
or by other means, the list described in item (aa);
but
``(II) may not require any member of a household
participating in the supplemental nutrition assistance
program to participate in a workforce partnership.
``(iv) Effect.--
``(I) In general.--A workforce partnership shall
not replace the employment or training of an individual
not participating in the workforce partnership.
``(II) Selection.--Nothing in this subsection or
subsection (o) affects the criteria or screening
process for selecting participants by a workforce
partnership.
``(v) Limitation on reporting requirements.--In
carrying out this subparagraph, the Secretary and each
applicable State agency shall limit the reporting
requirements of a workforce partnership to--
``(I) on notification that an individual is
receiving supplemental nutrition assistance program
benefits, notifying the applicable State agency that
the individual is participating in the workforce
partnership;
``(II) identifying participants who have completed
or are no longer participating in the workforce
partnership;
``(III) identifying changes to the workforce
partnership that result in the workforce partnership no
longer meeting the certification requirements of the
Secretary or the State agency under subparagraph
(B)(ii)(I)(bb); and
``(IV) providing sufficient information, on request
by the State agency, for the State agency to verify
that a participant is fulfilling any applicable work
requirements under this subsection or subsection (o).
``(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 (2) and who is determined by the operator of an
employment and training program component to be ill-suited
to participate in that employment and training program
component, the State agency shall--
``(I) refer the individual to an appropriate
employment and training program component;
``(II) refer the individual to an appropriate
workforce partnership, if available;
``(III) reassess the physical and mental fitness of
the individual under paragraph (1)(A); or
``(IV) to the maximum extent practicable,
coordinate with other Federal, State, or local
workforce or assistance programs to identify work
opportunities or assistance for the individual.
``(ii) Process.--In carrying out clause (i), the State
agency shall ensure that an individual undergoing and
complying with the process established under that clause
shall not be found to have refused without good cause to
participate in an employment and training program.''.
(b) Work Requirements.--Section 6(o) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2015(o)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B) by striking ``and'' at the end,
(B) in subparagraph (C) by striking ``job search program or
a job search training program.'' and inserting ``supervised job
search program or job search training program;'', and
(C) by adding at the end the following:
``(D) a program of employment and training for veterans
operated by the Department of Labor or the Department of
Veterans Affairs, and approved by the Secretary; and
``(E) a workforce partnership under subsection
(d)(4)(N).'',
(2) in paragraph (4)(A) by inserting ``and with the support of
the chief executive officer of the State'' after ``agency'', and
(3) in paragraph (6)--
(A) in the heading by striking ``15-percent exemption'' and
inserting ``Exemptions'',
(B) in subparagraph (B) by striking ``(G)'' and inserting
``(H)'',
(C) in subparagraph (C) by striking ``(E) and (G)'' and
inserting ``(F) and (H)'' ,
(D) in subparagraph (D)--
(i) in the heading by striking ``Subsequent fiscal
years'' and inserting ``Fiscal years 1999 through 2019'',
(ii) by striking ``(E) through (G)'' and inserting
``(F) through (H)'', and
(iii) by striking ``year,'' and inserting ``year
through fiscal year 2019,'',
(E) in subparagraph (E) by striking ``or (D)'' and
inserting ``, (D), or (E)'',
(F) by redesignating subparagraphs (E), (F), and (G) as
subparagraphs (F), (G), and (H), respectively, and
(G) by inserting after subparagraph (D) the following:
``(E) Subsequent fiscal years.--Subject to subparagraphs
(F) through (H), for fiscal year 2020 and each subsequent
fiscal year, a State agency may provide a number of exemptions
such that the average monthly number of exemptions in effect
during the fiscal year does not exceed 12 percent of the number
of covered individuals in the State, as estimated by the
Secretary under subparagraph (C), 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 paragraph (4).''.
(c) State Plans.--Section 11 of the Food and Nutrition Act of 2008
(7 U.S.C. 2020) is amended--
(1) in subsection (e)(19) by inserting ``the extent to which
such programs will be carried out in coordination with the
activities carried out under title I of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111 et seq.),'' before ``and the
basis,'', and
(2) by adding at the end the following:
``(w) For households containing at least one adult, with no elderly
or disabled members and with no earned income at their last
certification or required report, a State agency shall, at the time of
recertification, be required to advise members of the household not
exempt under section 6(d)(2) regarding available employment and
training services.''.
(d) Funding of Employment and Training Programs.--Section 16(h) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A) by striking ``$90,000,000'' and
inserting ``$103,900,000'',
(B) in subparagraph (C)--
(i) in clause (i) by inserting ``, subject to clauses
(ii) through (v),'' after ``(B), the Secretary'', and
(ii) by adding at the end the following:
``(iv) Priority.--The Secretary shall reallocate funds
under this subparagraph as follows:
``(I)(aa) Subject to items (bb) and (cc), not less
than 50 percent shall be reallocated to State agencies
requesting such funds to conduct employment and
training programs and activities for which such State
agencies had previously received funding under
subparagraph (F)(viii) that the Secretary determines
have the most demonstrable impact on the ability of
participants to find and retain employment that leads
to increased household income and reduced reliance on
public assistance.
``(bb) The Secretary shall base the determination
under item (aa) on--
``(AA) project results from the independent
evaluations conducted under subparagraph
(F)(vii)(I); or
``(BB) if the project results from the
independent evaluations conducted under
subparagraph (F)(vii)(I) are not yet available, the
reports under subparagraph (F)(vii)(II) or other
information relating to performance of the programs
and activities funded under subparagraph (F)(viii).
``(cc) Employment and training activities funded
under this subclause are not subject to subparagraph
(F)(vii), but are subject to monitoring under paragraph
(h)(5).
``(II) Not less than 30 percent shall be
reallocated to State agencies requesting such funds to
implement or continue employment and training programs
and activities under section 6(d)(4)(B)(i) that the
Secretary determines have the most demonstrable impact
on the ability of participants to find and retain
employment that leads to increased household income and
reduced reliance on public assistance, including
programs and activities that 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;
``(ff) other individuals with substantial
barriers to employment; or
``(gg) households facing multi-generational
poverty, to support employment and workforce
participation through an integrated and family-
focused approach in providing supportive services.
``(III) The Secretary shall reallocate any
remaining funds available under this subparagraph, to
State agencies requesting such funds to use for
employment and training programs and activities that
the Secretary determines have the most demonstrable
impact on the ability of participants to find and
retain employment that leads to increased household
income and reduced reliance on public assistance under
section 6(d)(4)(B)(i).
``(v) Consideration.--In reallocating funds under this
subparagraph, a State agency that receives reallocated
funds under clause (iv)(I) may also be considered for
reallocated funding under clause (iv)(II).'', and
(C) in subparagraph (D) by striking ``$50,000'' and
inserting ``$100,000'', and
(2) in paragraph (5)(B) by adding at the end the following:
``(v) State option.--The State agency may report
relevant data from a workforce partnership carried out
under section 6(d)(4)(N) to demonstrate the number of
program participants served by the workforce
partnership.''.
(e) Expired Authority.--Section 17(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2026(b)) is amended--
(1) by striking paragraph (2), and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 4006. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER SYSTEM.
(a) 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.''.
(b) Modernization of Electronic Benefit Transfer Regulations.--The
1st sentence of section 7(h)(2) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(h)(2)) is amended by inserting ``and shall periodically
review such regulations and modify such regulations to take into
account evolving technology and comparable industry standards'' before
the period at the end.
(c) Benefit Recovery.--Section 7(h)(12) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016(h)(12)) is amended--
(1) in subparagraph (A) by inserting ``, or due to the death of
all members of the household'' after ``inactivity'', and
(2) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Benefit storage.--
``(i) In general.--A State agency may store recovered
electronic benefits off-line in accordance with clause
(ii), if the household has not accessed the account after 3
months.
``(ii) Notice of benefit storage.--A State agency
shall--
``(I) send notice to a household the benefits of
which are stored under clause (i); and
``(II) not later than 48 hours after request by the
household, make the stored benefits available to the
household.
``(C) Benefit expunging.--
``(i) In general.--Subject to clause (ii), a State
agency shall expunge benefits that have not been accessed
by a household after a period of 9 months, or upon
verification that all members of the household are
deceased.
``(ii) Notice of benefit expunging.--Not later than 30
days before benefits are to be expunged under clause (i), a
State agency shall--
``(I) provide sufficient notice to the household
that benefits will be expunged due to inactivity, and
the date upon which benefits will be expunged;
``(II) for benefits stored off-line in accordance
with subparagraph (B), provide the household an
opportunity to request that such benefits be restored
to the household; and
``(III) not later than 48 hours after request by
the household, make the benefits available to the
household.''.
(d) Prohibited Fees.--Section 7 of the Food and Nutrition Act of
2008 (7 U.S.C. 2016) is amended--
(1) by amending subsection (h)(13) to read as follows:
``(13) Fees.--
``(A) Interchange fees.--No interchange fees shall apply to
electronic benefit transfer transactions under this subsection.
``(B) Other fees.--Effective through fiscal year 2023,
neither a State, nor any agent, contractor, or subcontractor of
a State who facilitates the provision of supplemental nutrition
assistance program benefits in such State may impose a fee for
switching (as defined in subsection (j)(1)(H)) or routing such
benefits.'', and
(2) by amending subsection (j)(1)(H) to read as follows:
``(H) Switching.--The term `switching' means the routing of
an intrastate or interstate transaction that consists of
transmitting the details of a transaction electronically
recorded through the use of an electronic benefit transfer card
in one State to the issuer of the card that may be in the same
or different State.''.
(e) Mobile Technologies.--Section 7(h)(14) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(h)(14)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) In general.--Subject to subparagraph (B), the
Secretary shall authorize the use of mobile technologies for
the purpose of accessing supplemental nutrition assistance
program benefits.'',
(2) in subparagraph (B)--
(A) by striking the heading and inserting ``Demonstration
projects on access of benefits through mobile technologies'',
(B) by amending clause (i) to read as follows:
``(i) Demonstration projects.--Before authorizing
implementation of subparagraph (A) in all States, the
Secretary shall approve not more than 5 demonstration
project proposals submitted by State agencies that will
pilot the use of mobile technologies for supplemental
nutrition assistance program benefits access.'',
(C) in clause (ii)--
(i) in the heading by striking ``Demonstration
projects'' and inserting ``Project requirements'',
(ii) by striking ``retail food store'' the first place
it appears and inserting ``State agency'',
(iii) by striking ``includes'',
(iv) by striking subclauses (I), (II), (III), and (IV),
and inserting the following:
``(I) provides recipient protections regarding
privacy, ease of use, household access to benefits, and
support similar to the protections provided under
existing methods;
``(II) ensures that all recipients, including those
without access to mobile payment technology and those
who shop across State borders, have a means of benefit
access;
``(III) requires retail food stores, unless exempt
under section 7(f)(2)(B), to bear the costs of
acquiring and arranging for the implementation of
point-of-sale equipment and supplies for the redemption
of benefits that are accessed through mobile
technologies;
``(IV) requires that foods purchased with benefits
issued under this section through mobile technologies
are purchased at a price not higher than the price of
the same food purchased by other methods used by the
retail food store, as determined by the Secretary;
``(V) ensures adequate documentation for each
authorized transaction, adequate security measures to
deter fraud, and adequate access to retail food stores
that accept benefits accessed through mobile
technologies, as determined by the Secretary;
``(VI) provides for an evaluation of the
demonstration project, including, but not limited to,
an evaluation of household access to benefits;
``(VII) requires that the State demonstration
projects are voluntary for all retail food stores and
that all recipients are able to use benefits in non-
participating retail food stores; and
``(VIII) meets other criteria as established by the
Secretary.'',
(D) by amending clause (iii) to read as follows:
``(iv) Date of project approval.--The Secretary shall
solicit and approve the qualifying demonstration projects
required under subparagraph (B)(i) not later than January
1, 2021.'', and
(E) by inserting after clause (ii) the following:
``(iii) Priority.--The Secretary may prioritize
demonstration project proposals that would--
``(I) reduce fraud;
``(II) encourage positive nutritional outcomes; and
``(III) meet such other criteria as determined by
the Secretary.'', and
(3) in subparagraph (C)(i)--
(A) by striking ``2017'' and inserting ``2022'', and
(B) by inserting ``requires further study by way of an
extended pilot period or'' after ``States'' the 2d place it
appears.
(f) Approval of Retail Food Stores.--Section 9 of the Food and
Nutrition Act (7 U.S.C. 2018) is amended--
(1) in subsection (a)(1)--
(A) in the 4th sentence by striking ``No retail food
store'' and inserting the following:
``(D) Visit required.--No retail food store'',
(B) in the 3d sentence by striking ``Approval'' and
inserting the following:
``(C) Certificate.--Approval'',
(C) in the 2d sentence--
(i) by striking ``food; and (D) the'' and inserting the
following: ``food;
``(iv) any information, if available, about the ability
of the anticipated or existing electronic benefit transfer
equipment and service provider of the applicant to provide
sufficient information through the electronic benefit
transfer system to minimize the risk of fraudulent
transactions; and
``(v) the'',
(ii) by striking ``concern; (C) whether'' and inserting
the following: ``concern;
``(iii) whether'',
(iii) by striking ``applicant; (B) the'' and inserting
the following: ``applicant;
``(ii) the'',
(iv) by striking ``following: (A) the nature'' and
inserting the following: ``following:
``(i) the nature'', and
(v) in the matter preceding clause (i), as so
designated, by striking ``In determining'' and inserting
the following:
``(B) Factors for consideration.--In determining'', and
(D) in the 1st sentence by striking ``(a)(1) Regulations''
and inserting the following:
``(a) Authorization to Accept and Redeem Benefits.--
``(1) Applications.--
``(A) In general.--Regulations'',
(2) in subsection (a) by adding at the end the following:
``(4) Electronic benefit transfer equipment and service
providers.--Before implementing clause (iv) of paragraph (1)(B),
the Secretary shall issue guidance for retail food stores on how to
select electronic benefit transfer equipment and service providers
that are able to meet the requirements of that clause.'', and
(3) in the 1st sentence of subsection (c) by inserting
``records relating to electronic benefit transfer equipment and
related services, transaction and redemption data provided through
the electronic benefit transfer system,'' after ``purchase
invoices,''.
SEC. 4007. REVIEW OF SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
OPERATIONS.
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) Review of Program Operations.--
``(1) Review by the secretary.--The Secretary--
``(A) shall review a representative sample of currently
authorized facilities referred to in section 3(k)(3) to
determine whether benefits are properly used by or on behalf of
participating households residing in such facilities and
whether such facilities are using more than 1 source of Federal
or State funding to meet the food needs of residents;
``(B) may carry out similar reviews for currently
participating residential drug and alcohol treatment and
rehabilitation programs, and group living arrangements for the
blind and disabled, referred to in section 3(k);
``(C) shall gather information, and such facilities,
programs, and arrangements shall be required to submit
information deemed necessary for a full and thorough review;
and
``(D) shall report the results of these reviews to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate not later than 18 months after the date of the enactment
of the Agriculture Improvement Act of 2018, along with
recommendations regarding--
``(i) any additional requirements or oversight that
would be appropriate for such facilities, programs, and
arrangements; and
``(ii) whether such facilities, programs, and
arrangements should continue to be authorized to
participate in the supplemental nutrition assistance
program.
``(2) Limitation.--Nothing in this subsection shall authorize
the Secretary to deny any application for continued authorization,
any application for authorization, or any request to withdraw the
authorization of any such facility, program, or arrangement based
on a determination that residents of any such facility or entity
are residents of an institution for a period of 18 months from the
date of enactment of the Agriculture Improvement Act of 2018.''.
SEC. 4008. RETAIL INCENTIVES.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018), as
amended by section 4007, is amended by adding at the end the following:
``(j) Incentives.--
``(1) Definition of eligible incentive food.--In this
subsection, the term `eligible incentive food' means--
``(A) a staple food that is identified for increased
consumption, consistent with the most recent dietary
recommendations; and
``(B) a fruit, vegetable, dairy, whole grain, or product
thereof.
``(2) Guidance.--
``(A) In general.--The Secretary shall issue guidance to
clarify the process by which an approved retail food store may
seek a waiver to offer an incentive, which may be used only for
the purchase of an eligible incentive food at the point of
purchase, to a household purchasing food with benefits issued
under this Act.
``(B) Guidance.--The guidance under subparagraph (A) shall
establish a process under which an approved retail food store,
prior to carrying out an incentive program under this
subsection, shall provide to the Secretary information
describing the incentive program, including--
``(i) the types of incentives that will be offered;
``(ii) the types of foods that will be incentivized for
purchase; and
``(iii) an explanation of how the incentive program
intends to support meeting dietary intake goals.
``(3) No limitation on benefits.--A waiver granted under this
subsection shall not be used to carry out any activity that limits
the use of benefits under this Act or any other Federal nutrition
law.
``(4) Effect.--Guidance provided 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), including the
eligibility of a retail food store to participate in a project
funded under such section.
``(5) Report.--The Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate an annual report
describing the types of incentives approved under this
subsection.''.
SEC. 4009. REQUIRED ACTION ON DATA MATCH INFORMATION.
Section 11(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(e)) is amended--
(1) in paragraph (24) by striking ``and'' after the semicolon,
(2) in paragraph (25) by striking the period at the end and
inserting ``; and'', and
(3) by adding at the end the following:
``(26) that for a household participating in the supplemental
nutrition assistance program, the State agency shall pursue
clarification and verification, if applicable, of information
relating to the circumstances of the household received from data
matches for the purpose of ensuring an accurate eligibility and
benefit determination, only if the information--
``(A) appears to present significantly conflicting
information from the information that was used by the State
agency at the time of certification of the household;
``(B) is obtained from data matches carried out under
subsection (q), (r), or (x); or
``(C)(i) is less than 60 days old relative to the current
month of participation of the household; and
``(ii) if accurate, would have been required to be reported
by the household based on the reporting requirements assigned
to the household by the State agency under section 6(c).''.
SEC. 4010. INCENTIVIZING TECHNOLOGY MODERNIZATION.
Section 11(t) of the Food and Nutrition Act of 2008 (7 U.S.C.
2020(t)) is amended--
(1) by striking the heading and inserting ``Grants for
Simplified Application and Eligibility Determination Systems and
Improved Access to Benefits'',
(2) in paragraph (1) by striking ``implement--'' and all that
follows through the period at the end, and inserting ``implement
supplemental nutrition assistance program simplified application
and eligibility determination systems.'', and
(3) in paragraph (2)--
(A) by amending subparagraph (B) to read as follows:
``(B) establishing enhanced technological methods that
improve the administrative infrastructure used in processing
applications and determining eligibility; or'',
(B) by striking subparagraphs (C) and (D), and
(C) by redesignating subparagraph (E) as subparagraph (C).
SEC. 4011. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE ISSUANCES.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C. 2020),
as amended by section 4005(c), is amended by adding at the end the
following:
``(x) 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 supplemental nutrition
assistance program benefits are being issued to an individual by
more than 1 State agency simultaneously.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish an
interstate data system, to be known as the `National Accuracy
Clearinghouse', to prevent multiple issuances of supplemental
nutrition assistance program benefits to an individual by more
than 1 State agency simultaneously.
``(B) Data matching.--The Secretary shall require that
State agencies make available to the National Accuracy
Clearinghouse only such information as is necessary for the
purpose described in subparagraph (A).
``(C) Data protection.--The information made available by
State agencies under subparagraph (B)--
``(i) shall be used only for the purpose described in
subparagraph (A);
``(ii) shall be exempt from the disclosure requirements
of section 552(a) of title 5 of the United States Code
pursuant to section 552(b)(3) of title 5 of the United
States Code, to the extent such information is obtained or
received by the Secretary;
``(iii) shall not be retained for longer than is
necessary to accomplish the purpose in subparagraph (A);
``(iv) shall be used in a manner that protects the
identity and location of a vulnerable individual (including
a victim of domestic violence) that is an applicant for, or
recipient of, supplemental nutrition assistance program
benefits; and
``(v) shall meet security standards as determined by
the Secretary.
``(3) Issuance of interim final regulations.--Not later than 18
months after the date of enactment of the Agriculture Improvement
Act of 2018, 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 agency to take appropriate action, as
determined by the Secretary, with respect to each indication of
multiple issuance of supplemental nutrition assistance program
benefits, or each indication that an individual receiving such
benefits in 1 State has applied to receive such benefits in
another State, while ensuring timely and fair service to
applicants for, and recipients of, such benefits;
``(C) establish standards to limit and protect the
information submitted through or retained by the National
Accuracy Clearinghouse consistent with paragraph (2)(C);
``(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
consistent with subsection (e)(8); and
``(E) include such other rules and standards the Secretary
determines appropriate to carry out this subsection.
``(4) Timing.--The initial match and corresponding actions
required by paragraph (3)(B) shall occur within 3 years after the
date of the enactment of the Agriculture Improvement Act of
2018.''.
SEC. 4012. 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)) 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 (F) as clauses
(i) through (vi), respectively, and indenting appropriately;
(3) in the matter preceding clause (i), as so redesignated--
(A) by striking ``paragraphs (2) and (3)'' and inserting
``paragraph (2)''; and
(B) by striking ``in the planning'' and inserting the
following: ``in the--
``(A) planning'',
(4) in clause (v), as so redesignated, of subparagraph (A), as
so designated, by striking ``implementation, including through
pilot projects in limited areas for major systems changes as
determined under rules promulgated by the Secretary, data from
which'' and inserting the following: ``implementation, including a
requirement that--
``(I) such testing shall be accomplished through
pilot projects in limited areas for major systems
changes (as determined under rules promulgated by the
Secretary);
``(II) each pilot project described in subclause
(I) that is carried out before the implementation of a
system shall be conducted in a live-production
environment; and
``(III) the data resulting from each pilot project
carried out under this clause'';
(5) in clause (vi), as so redesignated, by striking the period
at end and inserting ``; and'', and
(6) by adding at the end the following:
``(B) operation of 1 or more automatic data processing and
information retrieval systems that the Secretary determines may
continue to be operated in accordance with clauses (i) through
(vii) of subparagraph (A).''.
SEC. 4013. QUALITY CONTROL IMPROVEMENTS.
(a) Records.--Section 11(a)(3)(B) of the Food and Nutrition Act of
2008 (7 U.S.C. 2020(a)(3)(B)) is amended--
(1) by striking ``Records described'' and inserting ``All
records, and the entire information systems in which records are
contained, that are covered'', and
(2) by amending clause (i) to read as follows:
``(i) be made available for inspection and audit by the
Secretary, subject to data and security protocols agreed to
by the State agency and Secretary;''.
(b) Quality Control System.--Section 16(c)(1)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)(B)) is amended to read as
follows:
``(B) Quality control system integrity.--
``(i) In general.--Not later than 180 days after the
date of enactment of the Agriculture Improvement Act of
2018, the Secretary shall issue interim final regulations
that--
``(I) ensure that the quality control system
established under this subsection produces valid
statistical results;
``(II) provide for oversight of contracts entered
into by a State agency for the purpose of improving
payment accuracy;
``(III) ensure the accuracy of data collected under
the quality control system established under this
subsection; and
``(IV) for each fiscal year, to the maximum extent
practicable, provide for the evaluation of the
integrity of the quality control process of not fewer
than 2 State agencies, selected in accordance with
criteria determined by the Secretary.
``(ii) Debarment.--In accordance with the
nonprocurement debarment procedures under part 417 of title
2, Code of Federal Regulations, or successor regulations,
the Secretary shall debar 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) Reporting Requirements.--The 1st sentence of section 16(c)(4)
of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(4)) is amended
by inserting ``, including providing access to applicable State records
and the entire information systems in which the records are
contained,'' after ``necessary''.
(d) State Performance Indicators.--Section 16(d) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(d)) is amended--
(1) by striking the heading and inserting ``State Performance
Indicators'',
(2) in paragraph (2)--
(A) in the heading by striking ``and thereafter'' and
inserting ``through 2017'',
(B) in subparagraph (A) by striking ``and each fiscal year
thereafter'' and inserting ``through fiscal year 2017'', and
(C) in subparagraph (B) by striking ``and each fiscal year
thereafter'' and inserting ``through fiscal year 2017'', and
(3) by adding at the end the following:
``(6) Fiscal year 2018 and fiscal years thereafter.--
``(A) With respect to fiscal year 2018 and each fiscal year
thereafter, the Secretary shall establish, by regulation,
performance criteria relating to--
``(i) actions taken to correct errors, reduce rates of
error, and improve eligibility determinations; and
``(ii) other indicators of effective administration
determined by the Secretary.
``(B) The Secretary shall not award performance bonus
payments to State agencies in fiscal year 2019 for fiscal year
2018 performance.''.
(e) Cost Sharing for Computerization.--Section 16(g)(1)(A) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)(A)), as amended by
section 4012, is amended--
(1) in clause (v)(III) by striking ``and'', and
(2) by adding at the end the following:
``(vii) would be accessible by the Secretary for
inspection and audit under section 11(a)(3)(B); and''.
SEC. 4014. EVALUATION OF CHILD SUPPORT ENFORCEMENT COOPERATION
REQUIREMENTS.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended by adding at the end the following:
``(m) Evaluation of Child Support Enforcement Cooperation
Requirements.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Health and Human Services, shall conduct an
independent evaluation of a representative sample of States--
``(A) to assess the implementation and impact of the
eligibility requirements described in subsections (l) through
(n) of section 6 in States that have formerly implemented or
continue to implement those requirements, and the feasibility
of implementing those requirements in other States;
``(B) to assess the factors that contributed to the
decision of States that formerly implemented the eligibility
requirements described in each of subsections (l) through (n)
of section 6 to cease such implementation;
``(C) to review alternatives to the eligibility
requirements described in each of subsections (l) through (n)
of section 6 that are used by other States to assist
participants in the supplemental nutrition assistance program
to make or receive child support payments and the effectiveness
of those alternatives; and
``(D) to evaluate the costs and benefits to households and
to State agencies, of requiring State agencies to implement
each of the eligibility requirements described in subsections
(l) through (n) of section 6.
``(2) Evaluation.--The evaluation under paragraph (1) shall
include, to the maximum extent practicable, an assessment of--
``(A) the manner in which applicable State agencies
implement and enforce the eligibility requirements described in
subparagraph (A) of such paragraph, including--
``(i) the procedures used by each State to determine
cooperation, to sanction participants for failure to
cooperate, and to determine good cause for noncooperation
under each of subsections (l) through (n) of section 6; and
``(ii) the manner in which each State aligns the
procedures for implementing those eligibility requirements
with procedures for implementing other Federal programs
that require cooperation with child support enforcement,
including the program of block grants to States for
temporary assistance for needy families established under
part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.), the Medicaid program under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.), and programs
carried out under the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9857 et seq.);
``(B) the Federal, State, and local costs associated with
implementing those eligibility requirements, including costs
incurred under this Act and by child support enforcement
agencies for personnel, technology upgrades, and other costs;
``(C) the effect of those eligibility requirements on the
establishment of new child support orders, the establishment of
paternity, changes in child support payments to custodial
households, and changes in arrears owed on child support
orders;
``(D) with respect to the eligibility requirements under
each of subsections (l) through (n) of section 6--
``(i) the number of individuals subject to those
requirements;
``(ii) the number of individuals in each State who meet
those requirements; and
``(iii) the number of individuals in each State who
fail to meet those requirements;
``(E) the number of individuals in each State for whom good
cause for noncooperation has been found under section 6(l)(2);
``(F) the impact of those eligibility requirements on the
supplemental nutrition assistance program eligibility, benefit
levels, food security, income, and economic stability of--
``(i) individuals subject to those requirements;
``(ii) the household members of those individuals,
including children; and
``(iii) households with nontraditional family
structures, including a household in which a grandparent is
the primary caretaker of a grandchild of the grandparent.
``(3) State agency cooperation.--Each State agency selected
under paragraph (1) shall provide information to the Secretary
necessary to conduct the evaluation under such paragraph.
``(4) Report.--Not later than 3 years after the date of
enactment of the Agriculture Improvement Act of 2018, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the findings from the
evaluation conducted under paragraph (1).''.
SEC. 4015. LONGITUDINAL DATA FOR RESEARCH.
(a) Longitudinal Data.--Section 17 of the Food and Nutrition Act of
2008 (7 U.S.C. 2026), as amended by section 4014, is amended by adding
at the end the following:
``(n) Longitudinal Data for Research.--
``(1) In general.--Subject to paragraphs (3) through (5), a
State agency may, on approval by the Secretary, establish a
longitudinal database that contains information about households
and members of households that receive benefits under the
supplemental nutrition assistance program in the State.
``(2) Purpose.--Each longitudinal database established under
paragraph (1) shall be used solely to conduct research on
participation in and the operation of the supplemental nutrition
assistance program, including duration of participation in the
program.
``(3) Requirements for databases.--Prior to the approval of
State agencies to establish longitudinal databases under paragraph
(1), the Secretary shall--
``(A) identify features that shall be standard across
States such as database format to facilitate use of
longitudinal databases established under paragraph (1) for
research purposes;
``(B) identify features of longitudinal databases
established under paragraph (1) that may vary across States;
``(C) identify a procedure for States operating
longitudinal databases under paragraph (1) to use a unique
identifier to provide relevant information on household members
who receive benefits under the supplemental nutrition
assistance program for the purpose of comparing participation
data in multiple participating States over time while
protecting participant privacy;
``(D) establish the manner in which data security and
privacy protections, as required by Federal law and consistent
with other appropriate practices, shall be implemented and
maintained;
``(E) provide direction to State agencies on the
responsibilities of and funding arrangements for State agencies
and any State contractors (including entities providing
technical assistance) relating to the establishment and
operation of a longitudinal database;
``(F) provide a description of the documentation that
States shall submit to the Secretary prior to allowing
researchers access to a longitudinal database;
``(G) consult with other Federal research agencies,
including the Bureau of the Census;
``(H) consult with States that have already established
databases used for purposes similar to the purposes outlined in
this subsection; and
``(I) identify any other requirements determined
appropriate by the Secretary.
``(4) Included data.--
``(A) In general.--Subject to subparagraph (B), each
longitudinal database established under paragraph (1)--
``(i) shall include monthly information about
households and members of households that receive benefits
under the supplemental nutrition assistance program in the
participating State taken from existing information
collected by the State agency including, if available,--
``(I) demographic characteristics;
``(II) income and financial resources (as described
in section 5(g));
``(III) employment status;
``(IV) household circumstances, such as deductible
expenses; and
``(V) the amount of the monthly allotment received
under the supplemental nutrition assistance program;
and
``(ii) may include information from other State data
sources such as--
``(I) earnings and employment data from the State
department of labor;
``(II) health insurance program data; or
``(III) data from participation in other programs
administered by the State.
``(B) Data protection.--Any State that establishes a
longitudinal database under paragraph (1) shall, in accordance
with all applicable Federal and State privacy standards and
requirements--
``(i) protect the privacy of information about each
member of each household that receives benefits under the
supplemental nutrition assistance program in such State by
ensuring that no personally identifiable information
(including social security number, home address, or contact
information) is included in the longitudinal database; and
``(ii) make the data under this paragraph available to
researchers and the Secretary.
``(5) Approval.--The Secretary shall approve the establishment
of longitudinal databases under paragraph (1) in States that--
``(A) meet the requirements for databases under paragraph
(3) and (4)(B);
``(B) reflect a range of participant numbers, demographics,
operational structures, and geographic regions; and
``(C) have the capacity to provide on a periodic and
ongoing basis household and participant data derived from the
eligibility system and other data sources of the State.
``(6) Grants.--
``(A) In general.--In carrying out this subsection, the
Secretary may provide grants to States that have been approved
by the Secretary in accordance with paragraph (5) out of funds
made available under paragraph (9).
``(B) Method of awarding grants.--Grants awarded under this
paragraph shall be made in such amounts and under such terms
and conditions as the Secretary determines necessary to carry
out the purposes of this subsection.
``(7) Report.--
``(A) In general.--Not later than 4 years after the
effective date 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 on the feasibility of expanding
implementation of longitudinal databases to every State.
``(B) Contents.--The report required under subparagraph (A)
shall describe--
``(i) the cost of expanding implementation of
longitudinal databases with consistent data to every State;
``(ii) the challenges and benefits of using State
longitudinal databases with consistent data; and
``(iii) alternatives to expanding implementation of
longitudinal databases with consistent data to every State
that may achieve similar research outcomes and the
advantages and disadvantages of those alternatives.
``(8) Effect.--Nothing in this subsection shall be construed to
prevent or limit the ability of State agencies to establish or
continue operating databases used for purposes similar to the
purposes outlined in this subsection.
``(9) Funding.--Of the funds made available under section 18,
the Secretary shall use to carry out this subsection--
``(A) $20,000,000 for fiscal year 2019 to remain available
through fiscal year 2021; and
``(B) $5,000,000 for fiscal year 2022 and each fiscal year
thereafter.''.
(b) Conforming Amendment.--The 1st sentence of section 16(a) of the
Food and Nutrition Act of 2008 is amended--
(1) by striking ``and (8)'' and inserting ``(8)''; and
(2) by inserting ``, and (9) establishing and operating a
longitudinal database in accordance with section 17(n)'' before ``:
Provided''.
SEC. 4016. AUTHORIZATION OF APPROPRIATIONS.
The 1st sentence of section 18(a)(1) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2027(a)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 4017. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7 U.S.C.
2034(b)(2)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end,
(2) in subparagraph (C) by striking ``fiscal year 2015 and each
fiscal year thereafter.'' and inserting ``each of fiscal years 2015
through 2018; and'', and
(3) by adding at the end the following:
``(D) $5,000,000 for fiscal year 2019 and each fiscal year
thereafter.''.
SEC. 4018. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) State Plan.--Section 202A(b) of the Emergency Food Assistance
Act of 1983 (7 U.S.C. 7503(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) at the option of the State agency, describe a plan of
operation for 1 or more projects in partnership with 1 or more
emergency feeding organizations located in the State to harvest,
process, package, or transport 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, Package, or Transport Donated
Commodities.--
``(1) Definition of project.--In this subsection, the term
`project' means the harvesting, processing, packaging, or
transportation 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 the funds made available under subparagraph
(A), based on a formula determined by the Secretary, to
States that have submitted a State plan describing a plan
of operation for a project under section 202A(b)(5).
``(ii) Reallocation.--If the Secretary determines that
a State will not expend all of the funds allocated to the
State for a fiscal year under clause (i), the Secretary
shall reallocate the unexpended funds to other States that
have submitted under section 202A(b)(5) a State plan
describing a plan of operation for a project during that
fiscal year or the subsequent fiscal year, as the Secretary
determines appropriate.
``(iii) Reports.--Each State to which funds are
allocated for a fiscal year under this subparagraph shall,
on a regular basis, submit to the Secretary financial
reports describing the use of the funds.
``(3) Project purposes.--A State may only use Federal funds
received under paragraph (2) for a project the purposes of which
are--
``(A) to reduce food waste at the agricultural production,
processing, or distribution level through the donation of food;
``(B) to provide food to individuals in need; and
``(C) to build relationships between agricultural
producers, processors, and distributors and emergency feeding
organizations through the donation of food.
``(4) Cooperative agreements.--The Secretary may encourage a
State agency that carries out a project using Federal funds
received under paragraph (2) to enter into cooperative agreements
with State agencies of other States under section 203B(d) to
maximize the use of commodities donated under the project.
``(5) Funding.--Out of funds not otherwise appropriated, the
Secretary of the Treasury shall transfer to the Secretary to carry
out this subsection $4,000,000 for each of fiscal years 2019
through 2023, to remain available until the end of the subsequent
fiscal year.''.
(c) Food Waste.--Section 203D of the Emergency Food Assistance Act
of 1983 (7 U.S.C. 7507), as amended by subsection (b), is amended by
adding at the end the following:
``(e) Food Waste.--The Secretary shall issue guidance outlining
best practices to minimize the food waste of the commodities donated
under subsection (a).''.
(d) Emergency Food Program Infrastructure Grants.--Section 209(d)
of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7511a(d)) is
amended by striking ``2018'' and inserting ``2023''.
(e) Availability of Commodities for the Emergency Food Assistance
Program.--Section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036(a)) is amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``2018'' and inserting
``2023'';
(B) in subparagraph (D)--
(i) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023'';
(ii) in clause (iii), by striking ``and'' after the
semicolon;
(iii) in clause (iv), by striking ``and'' after the
semicolon;
(iv) by adding at the end the following:
``(v) for fiscal year 2019, $23,000,000;
``(vi) for fiscal year 2020, $35,000,000;
``(vii) for fiscal year 2021, $35,000,000;
``(viii) for fiscal year 2022, $35,000,000; and
``(ix) for fiscal year 2023, $35,000,000; and''; and
(C) in subparagraph (E)--
(i) by striking ``2019'' and inserting ``2024'';
(ii) by striking ``(D)(iv)'' and inserting ``(D)(ix)'';
and
(iii) by striking ``June 30, 2017'' and inserting
``June 30, 2023''.
SEC. 4019. NUTRITION EDUCATION.
Section 28(c) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036a(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``Except as provided in subparagraph (C), a'' and inserting
``A'',
(ii) in clause (ii) by striking ``and'' after the
semicolon,
(iii) by redesignating clause (iii) as clause (iv), and
(iv) by inserting after clause (ii) the following:
``(iii) describe how the State agency shall use an
electronic reporting system to--
``(I) measure and evaluate the projects; and
``(II) account for the allowable State agency
administrative costs including for--
``(aa) salaries and benefits of State agency
personnel;
``(bb) office supplies and equipment;
``(cc) travel costs;
``(dd) development and production of nutrition
education materials;
``(ee) memberships, subscriptions, and
professional activities;
``(ff) lease or rental costs;
``(gg) maintenance and repair expenses;
``(hh) indirect costs; and
``(ii) cost of using publicly-owned building
space; and'', and
(B) by striking subparagraph (C),
(2) in paragraph (3)(B) in the matter preceding clause (i), by
inserting ``, the Director of the National Institute of Food and
Agriculture,'' before ``and outside stakeholders'',
(3) in paragraph (5) by inserting ``the expanded food and
nutrition education program or'' before ``other health promotion'',
and
(4) by adding at the end the following:
``(6) Information clearinghouse.--The Secretary shall establish
an online clearinghouse that makes available to State agencies,
local agencies, institutions of higher education, and community
organizations best practices for planning, implementing, and
evaluating nutrition education and obesity prevention services to
ensure that projects carried out with funds received under this
section are appropriate for the target population.
``(7) Technical assistance.--The Secretary shall provide
technical assistance to a State agency in developing and
implementing a nutrition education State plan, including--
``(A) by identifying common challenges faced by entities
described in paragraph (6) that participate in projects carried
out with funds received under this section;
``(B) by coordinating efforts to address those common
challenges;
``(C) by collecting and disseminating information on
evidence-based practices relating to nutrition education and
obesity prevention;
``(D) by facilitating communication between and among
grantees and subgrantees of funds received under this section;
``(E) by assisting State agencies in creating or
maintaining systems to compile program data; and
``(F) by performing or assisting with other activities, as
determined by the Secretary.
``(8) Annual state report.--Each State agency that delivers
nutrition education and obesity prevention services under this
subsection shall submit to the Secretary an annual report, which
shall be made publicly available by the Secretary, that includes--
``(A) the use of funds on the State agency's program,
including for each category of allowable State agency
administrative costs identified in paragraph (2)(B)(iii)(II);
``(B) a description of each project carried out by that
agency under this subsection, including, with respect to the
project, the target population, interventions, educational
materials used, key performance indicators used, and
evaluations made;
``(C) a comprehensive analysis of the impacts and
outcomes--
``(i) of the project, including with respect to the
elements described in subparagraph (A); and
``(ii) to the extent practicable, of completed
multiyear projects; and
``(D) the status of any ongoing multiyear project.
``(9) Annual federal report.--The Administrator of the Food and
Nutrition Service, in consultation with the Director of the
National Institute of Food and Agriculture, shall annually 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--
``(A) evaluates the level of coordination between--
``(i) the nutrition education and obesity prevention
grant program under this section;
``(ii) the expanded food and nutrition education
program under section 1425 of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3175); and
``(iii) any other nutrition education program
administered by the Department of Agriculture; and
``(B) includes the use of funds on such programs including
State agency administrative costs reported by States under
paragraph (8)(A).''.
SEC. 4020. RETAIL FOOD STORE AND RECIPIENT TRAFFICKING.
Section 29(c)(1) of the Food and Nutrition Act of 2008 (7 U.S.C.
2036b(c)(1)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 4021. PUBLIC-PRIVATE PARTNERSHIPS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended by adding at the end the following:
``SEC. 30. PILOT PROJECTS TO ENCOURAGE THE USE OF PUBLIC-PRIVATE
PARTNERSHIPS COMMITTED TO ADDRESSING FOOD INSECURITY.
``(a) In General.--The Secretary may, on application of eligible
entities, approve not more than 10 pilot projects to support public-
private partnerships that address food insecurity and poverty.
``(b) Definitions.--For purposes of this section--
``(1) the term `eligible entity' means--
``(A) a nonprofit organization;
``(B) a community-based organization;
``(C) an institution of higher education; or
``(D) a private entity, as determined by the Secretary; and
``(2) the term `public agency' means a department, agency,
other unit, or instrumentality of Federal, State, or local
government.
``(c) Project Requirements.--Projects approved under this section
shall--
``(1) be limited to 2 years in length; and
``(2) include a collaboration between one or more public
agencies and one or more eligible entities that--
``(A) improves the effectiveness and impact of the
supplemental nutrition assistance program;
``(B) develops food security solutions that are specific to
the needs of a community or region; and
``(C) strengthens the capacity of communities to address
food insecurity and poverty.
``(d) Evaluation.--The Secretary shall provide for an independent
evaluation of pilot projects approved under this section that
includes--
``(1) a summary of the activities conducted under the pilot
projects;
``(2) an assessment of the effectiveness of the pilot projects;
and
``(3) best practices regarding the use of public-private
partnerships to improve the effectiveness of public benefit
programs to address food insecurity and poverty.
``(e) Funding.--
``(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $5,000,000 to remain
available until expended.
``(2) Appropriation in advance.--Only funds appropriated under
paragraph (1) in advance specifically to carry out this section
shall be available to carry out this section.''.
SEC. 4022. TECHNICAL CORRECTIONS.
The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is
amended--
(1) in section 3--
(A) in subsections (d) and (i) by striking ``7(i)'' and
inserting ``7(h)'', and
(B) in subsection (o)(1)(A) by striking ``(r)(1)'' and
inserting ``(q)(1)'',
(2) in section 5(a) by striking ``and section'' each place it
appears and all that follows through ``households'' the respective
next place it appears, and inserting ``and section 3(m)(4),
households'',
(3) in subsections (e)(1) and (f)(1)(A)(i) of section 8 by
striking ``3(n)(5)'' and inserting ``3(m)(5)'',
(4) in the 1st sentence of section 10--
(A) by striking ``or the Federal Savings and Loan Insurance
Corporation'' each place it appears, and
(B) by striking ``3(p)(4)'' and inserting ``3(o)(4)'',
(5) in section 11--
(A) in subsection (a)(2) by striking ``3(t)(1)'' and
inserting ``3(s)(1)'', and
(B) in subsection (d)--
(i) by striking ``3(t)(1)'' each place it appears and
inserting ``3(s)(1)'', and
(ii) by striking ``3(t)(2)'' each place it appears and
inserting ``3(s)(2)'', and
(C) in subsection (e)--
(i) in paragraph (17) by striking ``3(t)(1)'' inserting
``3(s)(1)'', and
(ii) in paragraph (23) by striking ``Simplified
Supplemental Nutrition Assistance Program'' and inserting
``simplified supplemental nutrition assistance program'',
(6) in section 15(e) by striking ``exchange'' and all that
follows through ``anything'', and inserting ``exchange for
benefits, or anything'',
(7) in section 17(b)(1)(B)(iv)(III)(aa) by striking ``3(n)''
and inserting ``3(m)'',
(8) in section 25(a)(1)(B)(i)(I) by striking the 2d semicolon
at the end, and
(9) in section 26(b) by striking ``out'' and all that follows
through ``(referred'', and inserting ``out a simplified
supplemental nutrition assistance program (referred''.
Subtitle B--Commodity Distribution Programs
SEC. 4101. COMMODITY DISTRIBUTION PROGRAM.
The 1st sentence of section 4(a) of the Agriculture and Consumer
Protection Act of 1973 (7 U.S.C. 612c note) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4102. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of 1973 (7
U.S.C. 612c note; Public Law 93-86) is amended--
(1) in subsection (a)--
(A) in paragraph (1) by striking ``2018'' and inserting
``2023'', and
(B) in paragraph (2)(B), in the matter preceding clause
(i), by striking ``2018'' and inserting ``2023'',
(2) in subsection (d)(2), in the 1st sentence, by striking
``2018'' and inserting ``2023'', and
(3) in subsection (g)--
(A) by striking ``Except'' and inserting the following:
``(1) In general.--Except'', and
(B) by adding at the end the following:
``(2) Certification.--
``(A) Definition of certification period.--In this
paragraph, the term `certification period' means the period
during which a participant in the commodity supplemental food
program in a State may continue to receive benefits under the
commodity supplemental food program without a formal review of
the eligibility of the participant.
``(B) Minimum certification period.--Subject to
subparagraphs (C) and (D), a State shall establish for the
commodity supplemental food program of the State a
certification period of--
``(i) not less than 1 year; but
``(ii) not more than 3 years.
``(C) Temporary certification.--An eligible applicant for
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 certified
participants.
``(D) Approvals.--A certification period of more than 1
year established by a State under subparagraph (B) shall be
subject to the approval of the Secretary, who shall approve
such a certification period on the condition that, with respect
to each participant receiving benefits under the commodity
supplemental food program of the State, the local agency in the
State administering the commodity supplemental food program, on
an annual basis during the certification period applicable to
the participant--
``(i) verifies the address and continued interest of
the participant; and
``(ii) has sufficient reason to determine that the
participant still meets the income eligibility standards
under paragraph (1), which may include a determination that
the participant has a fixed income.''.
SEC. 4103. DISTRIBUTION OF SURPLUS COMMODITIES TO SPECIAL NUTRITION
PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 (7
U.S.C. 1431e(a)(2)(A)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 4104. FOOD DONATION STANDARDS.
Section 203D of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7507), as amended by section 4018(c), is amended by adding at the end
the following:
``(f) Food Donation Standards.--
``(1) Definitions.--In this subsection:
``(A) Apparently wholesome food.--The term `apparently
wholesome food' has the meaning given the term in section 22(b)
of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)).
``(B) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(C) Qualified direct donor.--The term `qualified direct
donor' means a retail food store, wholesaler, agricultural
producer, restaurant, caterer, school food authority, or
institution of higher education.
``(2) Guidance.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall issue guidance to promote awareness of
donations of apparently wholesome food protected under section
22(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(c)) by
qualified direct donors in compliance with applicable State and
local health, food safety, and food handling laws (including
regulations).
``(B) Issuance.--The Secretary shall encourage State
agencies and emergency feeding organizations to share the
guidance issued under subparagraph (A) with qualified direct
donors.''.
Subtitle C--Miscellaneous
SEC. 4201. 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. 4202. PURCHASE OF FRESH FRUITS AND VEGETABLES FOR DISTRIBUTION TO
SCHOOLS AND SERVICE INSTITUTIONS.
Section 10603(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 612c-4(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 4203. SERVICE OF TRADITIONAL FOODS IN PUBLIC FACILITIES.
Section 4033(d)(1) of the Agricultural Act of 2014 (128 Stat. 818)
is amended--
(1) by striking ``and'' the 1st place it appears,
(2) by inserting ``, a State, a county or county equivalent, a
local educational agency, and an entity or person authorized to
facilitate the donation, storage, preparation, or serving of
traditional food by the operator of a food service program'' after
``organization'', and
(3) by inserting ``storage, preparation, or'' after ``donation
to or''.
SEC. 4204. HEALTHY FOOD FINANCING INITIATIVE.
Section 243 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6953) is amended--
(1) in subsection (a), by inserting ``and enterprises'' after
``retailers'';
(2) in subsection (b)(3)(B)(iii), by inserting ``and
enterprises'' after ``retailers''; and
(3) in subsection (c)(2)(B)(ii), by inserting ``as
applicable,'' before ``to accept''.
SEC. 4205. THE GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.
(a) Amendment to Program.--Section 4405 of the Food, Conservation,
and Energy Act of 2008 (7 U.S.C. 7517) is amended--
(1) by striking the heading and inserting ``the gus schumacher
nutrition incentive program'',
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Eligible entity.--The term `eligible entity' means a
governmental agency or nonprofit organization.'',
(B) in paragraph (3) by striking ``means the'' and all that
follows through the period at the end, and inserting the
following:
``means--
``(A) the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); and
``(B) the programs for nutrition assistance under section
19 of such Act (7 U.S.C. 2028).'', and
(C) by adding at the end the following:
``(4) Healthcare partner.--The term `healthcare partner' means
a healthcare provider, including--
``(A) a hospital;
``(B) a Federally-qualified health center (as defined in
section 1905(l) of the Social Security Act (42 U.S.C.
1396d(l)));
``(C) a hospital or clinic operated by the Secretary of
Veterans Affairs; or
``(D) a healthcare provider group.
``(5) Member.--The term `member' means, as determined by the
applicable eligible entity or healthcare partner carrying out a
project under subsection (c) in accordance with procedures
established by the Secretary--
``(A) 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) a member of a low-income household that suffers from,
or is at risk of developing, a diet-related health
condition.'',
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B) by striking ``The'' and
inserting ``Except as provided in subparagraph (D)(iii),
the'',
(ii) in subparagraph (C) 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.'',
(iii) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), and
(iv) by inserting after subparagraph (A) the following:
``(B) Partners and collaborators.--An eligible entity that
receives a grant under this subsection may partner with, or
make subgrants to, public, private, nonprofit, or for-profit
entities, including--
``(i) an emergency feeding organization;
``(ii) an agricultural cooperative;
``(iii) a producer network or association;
``(iv) a community health organization;
``(v) a public benefit corporation;
``(vi) an economic development corporation;
``(vii) a farmers' market;
``(viii) a community-supported agriculture program;
``(ix) a buying club;
``(x) a retail food store participating in the
supplemental nutrition assistance program;
``(xi) a State, local, or tribal agency;
``(xii) another eligible entity that receives a grant
under this subsection; and
``(xiii) any other entity the Secretary designates.'',
(B) in paragraph (2)--
(i) by amending subparagraph (A) to read as follows:
``(A) In general.--To receive a grant under this
subsection, an eligible entity shall--
``(i) meet the application criteria set forth by the
Secretary; and
``(ii) propose a project that, at a minimum--
``(I) has the support of the State agency
administering the supplemental nutrition assistance
program;
``(II) would increase the purchase of fruits and
vegetables by low-income households participating in
the supplemental nutrition assistance program by
providing an incentive for the purchase of fruits and
vegetables at the point of purchase to a household
purchasing food with supplemental nutrition assistance
program benefits;
``(III) except in the case of projects receiving
$100,000 or less over 1 year, would measure the
purchase of fruits and vegetables by low-income
households participating in the supplemental nutrition
assistance program;
``(IV) ensures that the same terms and conditions
apply to purchases made by individuals with benefits
issued under the Food and Nutrition Act of 2008 and
incentives provided for in this subsection as apply to
purchases made by individuals who are not members of
households receiving benefits, such as provided for in
section 278.2(b) of title 7, Code of Federal
Regulations (or a successor regulation);
``(V) has adequate plans to collect data for
reporting and agrees to provide that information for
the report described in subsection (e)(2)(B)(iii); and
``(VI) would share information with the Nutrition
Incentive Program Training, Technical Assistance,
Evaluation, and Information Centers established under
subsection (e).'',
(ii) in subparagraph (B)--
(I) by striking clause (v),
(II) by redesignating clause (vi) as clause (x),
and
(III) by inserting after clause (iv) the following:
``(v) include a project design--
``(I) that provides incentives when fruits or
vegetables are purchased using supplemental nutrition
assistance program benefits; and
``(II) in which the incentives earned may be used
only to purchase fruits or vegetables;
``(vi) have demonstrated the ability to provide
services to underserved communities;
``(vii) include coordination with multiple
stakeholders, such as farm organizations, nutrition
education programs, cooperative extension services, public
health departments, health providers, private and public
health insurance agencies, cooperative grocers, grocery
associations, and community-based and nongovernmental
organizations;
``(viii) offer supplemental services in high-need
communities, including online ordering, transportation
between home and store, and delivery services;
``(ix) include food retailers that are open--
``(I) for extended hours; and
``(II) most or all days of the year; or'', and
(C) by striking paragraphs (3) and (4),
(4) in subsection (c)--
(A) in paragraph (1) by striking ``subsection (b)
$5,000,000 for each of fiscal years 2014 through 2018'' and
inserting ``this section $5,000,000 for each of fiscal years
2014 through 2023'', and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking ``subsection (b)'' and inserting ``this section'',
(ii) in subparagraph (B) by striking ``and'' at the
end,
(iii) in subparagraph (C) by striking the period at the
end and inserting a semicolon, and
(iv) by adding at the end the following:
``(C) $45,000,000 for fiscal year 2019;
``(D) $48,000,000 for fiscal year 2020;
``(E) $48,000,000 for fiscal year 2021;
``(F) $53,000,000 for fiscal year 2022; and
``(G) $56,000,000 for fiscal year 2023 and each fiscal year
thereafter.
``(3) Use of funds.--With respect to funds made available under
this section for fiscal years 2019 through 2023--
``(A) for each fiscal year the Secretary shall use not more
than 10 percent of such funds available for such fiscal year
for the produce prescription program described in subsection
(c);
``(B) for each fiscal year not more than 8 percent of such
funds available for such fiscal year shall be used by the
National Institute of Food and Agriculture and the Food and
Nutrition Service for administration; and
``(C) the Secretary shall use for the Nutrition Incentive
Program Training, Technical Assistance, Evaluation, and
Information Centers established under subsection (e) not more
than--
``(i) $17,000,000 in the aggregate for fiscal years
2019 and 2020; and
``(ii) $7,000,000 for each of the fiscal years 2021
through 2023.'',
(5) by redesignating subsection (c) as subsection (f), and
(6) by inserting after subsection (b) the following:
``(c) Produce Prescription Program.--
``(1) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants to eligible
entities to conduct projects that demonstrate and evaluate the
impact of the projects on--
``(A) the improvement of dietary health through increased
consumption of fruits and vegetables;
``(B) the reduction of individual and household food
insecurity; and
``(C) the reduction in healthcare use and associated costs.
``(2) Healthcare partners.--In carrying out a project using a
grant received under paragraph (1), an eligible entity shall
partner with 1 or more healthcare partners.
``(3) Grant applications.--
``(A) In general.--To be eligible to receive a grant under
paragraph (1), an eligible entity--
``(i) shall--
``(I) prescribe fresh fruits and vegetables to
members;
``(II) submit to the Secretary an application
containing such information as the Secretary may
require, including the information described in
subparagraph (B); and
``(ii) may--
``(I) provide financial or non-financial incentives
for members to purchase or procure fresh fruits and
vegetables;
``(II) provide educational resources on nutrition
to members; and
``(III) establish additional accessible locations
for members to procure fresh fruits and vegetables.
``(B) Application.--An application shall--
``(i) identify the 1 or more healthcare partners with
which the eligible entity is partnering under paragraph
(2); and
``(ii) include--
``(I) a description of the methods by which an
eligible entity shall--
``(aa) screen and verify eligibility for
members for participation in a produce prescription
project, in accordance with procedures established
under subsection (a)(5);
``(bb) implement an effective produce
prescription project, including the role of each
healthcare partner in implementing the produce
prescription project;
``(cc) evaluate members participating in a
produce prescription project with respect to the
matters described in subparagraphs (A) through (C)
of paragraph (1);
``(dd) provide educational opportunities
relating to nutrition to members participating in a
produce prescription project; and
``(ee) inform members of the availability of
the produce prescription project, including
locations at which produce prescriptions may be
redeemed;
``(II) a description of any additional nonprofit or
emergency feeding organizations that shall be involved
in the project and the role of each additional
nonprofit or emergency feeding organization in
implementing and evaluating an effective produce
prescription project;
``(III) documentation of a partnership agreement
with a relevant State Medicaid agency or other
appropriate entity, as determined by the Secretary, to
evaluate the effectiveness of the produce prescription
project in reducing healthcare use and associated
costs;
``(IV) adequate plans to collect data for reporting
and agreement to provide that information for the
report described in subsection (e)(2)(B)(iii); and
``(V) agreement to share information with the
Nutrition Incentive Program Training, Technical
Assistance, Evaluation, and Information Centers
established under subsection (e).
``(4) 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.
``(5) 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
entity to ensure the effective implementation and evaluation of
each 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 produce prescription projects;
``(ii) a description of the role of the Federal agency,
State, or private entity, as applicable, in implementing
and evaluating an effective produce prescription project;
and
``(iii) documentation of a partnership agreement with a
relevant State Medicaid agency or other appropriate entity,
as determined by the Secretary.
``(d) Applicability.--
``(1) In general.--The value of any benefit provided to a
participant in any activity funded under subsections (b) or (c)
shall be treated as supplemental nutrition benefits under section
8(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2017(b)).
``(2) Prohibition on collection of sales taxes.--Each State
shall ensure that no State or local tax is collected on a purchase
of food with assistance provided under subsections (b) and (c).
``(3) No limitation on benefits.--Grants made available under
subsections (b) and (c) shall not be used to carry out any project
that limits the use of benefits under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.) or any other Federal nutrition law.
``(4) Household allotment.--Assistance provided under
subsections (b) and (c) to households receiving benefits under the
supplemental nutrition assistance program shall not--
``(A) be considered part of the supplemental nutrition
assistance program benefits of the household; or
``(B) be used in the collection or disposition of claims
under section 13 of the Food and Nutrition Act of 2008 (7
U.S.C. 2022).
``(e) Nutrition Incentive Program Training, Technical Assistance,
Evaluation, and Information Centers.--
``(1) In general.--The Secretary shall--
``(A) establish 1 or more Nutrition Incentive Program
Training, Technical Assistance, Evaluation, and Information
Centers, in consultation with the Director of the National
Institute of Food and Agriculture; and
``(B) to the extent practicable, consult on the design and
scope of such Centers with grocers, farmers, health
professionals, researchers, incentive program managers, and
employees of the Department of Agriculture with direct
experience with implementation of existing incentive programs
or projects.
``(2) Establishment.--The Centers shall be capable of providing
services related to grants under subsections (b) and (c),
including--
``(A) offering incentive program training and technical
assistance to applicants and grantees to the extent
practicable, including--
``(i) collecting and providing information on best
practices that may include communications, signage, record-
keeping, incentive instruments, development and integration
of point of sale systems, and reporting;
``(ii) disseminating information and assisting with
collaboration among grantee projects, applicable State
agencies, and nutrition education programs;
``(iii) facilitating communication between grantees and
the Department of Agriculture and applicable State
agencies; and
``(iv) providing support for the development of best
practices for produce prescription projects and the sharing
of information among eligible entities and healthcare
providers that participate in a produce prescription
project under subsection (c); and
``(v) other services identified by the Secretary; and
``(B) creating a system to collect and compile core data
sets from eligible entities that--
``(i) uses standard metrics with consideration of
outcome measures for existing projects;
``(ii) includes to the extent practicable grocers,
farmers, health professionals, researchers, incentive
program managers, and employees of the Department of
Agriculture with direct experience with implementation of
existing incentive programs in the design of the instrument
through which data will be collected and the mechanism for
reporting;
``(iii) compiles project data from grantees, and
beginning in fiscal year 2020 generates an annual report to
Congress on grant outcomes, including--
``(I) the results of the project; and
``(II) the amount of grant funds used for the
project; and
``(iv) creates and maintains a publicly accessible
online site that makes annual reports and incentive program
information available in an anonymized format that protects
confidential, personal, or other sensitive data.
``(3) Cooperative agreement.--
``(A) In general.--To carry out paragraph (1), the
Secretary may, on a competitive basis, enter into 1 or more
cooperative agreements with 1 or more organizations with
expertise in developing outcome-based reporting, at least 1 of
which has expertise in the food insecurity nutrition incentive
program and at least 1 of which has expertise in produce
prescription projects.
``(B) Inclusion.--The organizations referred to in
subparagraph (A) may include--
``(i) nongovernmental organizations;
``(ii) State cooperative extension services;
``(iii) regional food system centers;
``(iv) Federal, State, or Tribal agencies;
``(v) institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))); or
``(vi) other appropriate entities as determined by the
Secretary.''.
(b) Conforming Amendment.--The table of contents of the Food,
Conservation, and Energy Act of 2008 (Public Law 113-188) is amended by
striking the item relating to section 4405 and inserting the following:
``Sec. 4405. The Gus Schumacher nutrition incentive program.''.
SEC. 4206. MICRO-GRANTS FOR FOOD SECURITY.
(a) Purpose.--The purpose of this section is to increase the
quantity and quality of locally grown food through small-scale
gardening, herding, and livestock operations in food insecure
communities in areas of the United States that have significant levels
of food insecurity and import a significant quantity of food.
(b) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that--
(A) is--
(i) an individual;
(ii) an Indian tribe or tribal organization, as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304);
(iii) a nonprofit organization engaged in increasing
food security, as determined by the Secretary, including--
(I) a religious organization;
(II) a food bank; or
(III) a food pantry;
(iv) a federally funded educational facility,
including--
(I) a Head Start program or an Early Head Start
program carried out under the Head Start Act (42 U.S.C.
9831 et seq.);
(II) a public elementary school or public secondary
school;
(III) a public institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001));
(IV) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b))); or
(V) a job training program; or
(v) a local or Tribal government that may not levy
local taxes under State or Federal law; and
(B) is located in an eligible State.
(2) Eligible state.--The term ``eligible State'' means--
(A) the State of Alaska;
(B) the State of Hawaii;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana Islands;
(E) the Commonwealth of Puerto Rico;
(F) the Federated States of Micronesia;
(G) Guam;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(c) Establishment.--The Secretary shall distribute funds to the
agricultural department or agency of each eligible State for the
competitive distribution of subgrants to eligible entities to increase
the quantity and quality of locally grown food in food insecure
communities, including through small-scale gardening, herding, and
livestock operations.
(d) Distribution of Funds.--
(1) In general.--Of the amount made available under subsection
(g), the Secretary shall distribute--
(A) 40 percent to the State of Alaska;
(B) 40 percent to the State of Hawaii; and
(C) 2.5 percent to each eligible State described in any of
subparagraphs (C) through (J) of subsection (b)(2).
(2) Carryover of funds.--Funds distributed under paragraph (1)
shall remain available until expended.
(3) Administrative funds.--An eligible State that receives
funds under paragraph (1) may use not more than 3 percent of those
funds--
(A) to administer the competition for providing subgrants
to eligible entities in that eligible State;
(B) to provide oversight of the subgrant recipients in that
eligible State; and
(C) to collect data and submit a report to the Secretary
under subsection (f)(2).
(e) Subgrants to Eligible Entities.--
(1) Amount of subgrants.--
(A) In general.--The amount of a subgrant to an eligible
entity under this section shall be--
(i) in the case of an eligible entity that is an
individual, not greater than $5,000 per year; and
(ii) in the case of an eligible entity described in any
of clauses (ii) through (v) of subsection (b)(1)(A), not
greater than $10,000 per year.
(B) Matching requirement.--As a condition of receiving a
subgrant under this section, an eligible entity shall provide
funds equal to 10 percent of the amount received by the
eligible entity under the subgrant, to be derived from non-
Federal sources. A State may waive the matching requirement for
an individual who otherwise meets the requirements to receive a
subgrant by the eligible State.
(C) Project period.--Funds received by an eligible entity
that is awarded a subgrant under this section shall remain
available for expenditure not later than 3 years after the date
the funds are received.
(2) Priority.--In carrying out the competitive distribution of
subgrants under subsection (c), an eligible State may give priority
to an eligible entity that--
(A) has not previously received a subgrant under this
section; or
(B) is located in a community or region in that eligible
State with the highest degree of food insecurity, as determined
by the agricultural department or agency of the eligible State.
(3) Projects.--An eligible State may provide subgrants to 2 or
more eligible entities to carry out the same project.
(4) Use of subgrant funds by eligible entities.--An eligible
entity that receives a subgrant under this section shall use the
funds to engage in activities that will increase the quantity and
quality of locally grown food for food insecure individuals,
families, neighborhoods, and communities, including by--
(A) purchasing gardening tools or equipment, soil, soil
amendments, seeds, plants, animals, canning equipment,
refrigeration, or other items necessary to grow and store food;
(B) purchasing or building composting units;
(C) purchasing or building towers designed to grow leafy
green vegetables;
(D) expanding an area under cultivation or engaging in
other activities necessary to be eligible to receive funding
under the environmental quality incentives program established
under chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.) for a high tunnel;
(E) engaging in an activity that extends the growing
season;
(F) starting or expanding hydroponic and aeroponic farming
of any scale;
(G) building, buying, erecting, or repairing fencing for
livestock, poultry, or reindeer;
(H) purchasing and equipping a slaughter and processing
facility approved by the Secretary;
(I) traveling to participate in agricultural education
provided by--
(i) a State cooperative extension service;
(ii) 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));
(iii) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20
U.S.C. 1059c(b)));
(iv) an Alaska Native-serving institution or a Native
Hawaiian-serving institution (as such terms are defined in
section 317(b) of the Higher Education Act of 1965 (20
U.S.C. 1059d(b))); or
(v) a Federal or State agency;
(J) paying for shipping of purchased items relating to
growing or raising food for local consumption or purchase;
(K) creating or expanding avenues for--
(i) the sale of food commodities, specialty crops, and
meats that are grown by the eligible entity for sale in the
local community; or
(ii) increasing the availability of fresh, locally
grown, and nutritious food; and
(L) engaging in other activities relating to increasing
food security (including subsistence), as determined by the
Secretary.
(5) Eligibility for other financial assistance.--An eligible
entity shall not be ineligible to receive financial assistance
under another program administered by the Secretary as a result of
receiving a subgrant under this section.
(f) Reporting Requirement.--
(1) Subgrant recipients.--As a condition of receiving a
subgrant under this section, an eligible entity shall agree to
submit to the eligible State in which the eligible entity is
located a report--
(A) not later than 60 days after the end of the project
funded by the subgrant; and
(B) that describes the use of the subgrants by eligible
entities, the quantity of food grown through small-scale
gardening, herding, and livestock operations, and the number of
food insecure individuals fed as a result of the subgrant.
(2) Report to the secretary.--Not later than 120 days after the
date on which an eligible State receives a report from each
eligible entity in that State under paragraph (1), the eligible
State shall submit to the Secretary a report that describes, in the
aggregate, the information and data contained in the reports
received from those eligible entities.
(g) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000
for fiscal year 2019 and each fiscal year thereafter, to remain
available until expended.
(2) Appropriations in advance.--Only funds appropriated under
paragraph (1) in advance specifically to carry out this section
shall be available to carry out this section.
SEC. 4207. BUY AMERICAN REQUIREMENTS.
(a) Enforcement.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall--
(1) enforce full compliance with the requirements of section
12(n) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1760(n)) for purchases of agricultural commodities,
including fish, meats, vegetables, and fruits, and the products
thereof, and
(2) ensure that States and school food authorities fully
understand their responsibilities under such Act.
(b) Requirement.--The products of the agricultural commodities
described in subsection (a)(1) shall be processed in the United States
and substantially contain--
(1) meats, vegetables, fruits, and other agricultural
commodities produced in--
(A) a State,
(B) the District of Columbia,
(C) the Commonwealth of Puerto Rico, or
(D) any territory or possession of the United States, or
(2) fish harvested--
(A) within the Exclusive Economic Zone of the United
States, as described in Presidential Proclamation 5030 (48 Fed.
Reg. 10605; March 10, 1983), or
(B) by a United States flagged vessel.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the actions the Secretary has taken, and plans to take, to comply
with this section.
SEC. 4208. HEALTHY FLUID MILK INCENTIVES PROJECTS.
(a) Definition of Fluid Milk.--In this section the term ``fluid
milk'' means all varieties of pasteurized cow's milk that--
(1) is without flavoring or sweeteners,
(2) is consistent with the most recent dietary recommendations,
(3) is packaged in liquid form, and
(4) contains vitamins A and D at levels consistent with the
Food and Drug Administration, State, and local standards for fluid
milk.
(b) Projects.--The Secretary of Agriculture shall carry out, under
such terms and conditions as the Secretary considers to be appropriate,
healthy fluid milk incentive projects to develop and test methods to
increase the purchase and consumption of fluid milk by members of
households that receive supplemental nutrition assistance program
benefits by providing an incentive for the purchase of fluid milk at
the point of purchase to members of households purchasing food with
supplemental nutrition assistance program benefits.
(c) Grants or Cooperative Agreements.--
(1) In general.--To carry out this section, the Secretary, on a
competitive basis, shall enter into cooperative agreements with, or
provide grants to, governmental entities or nonprofit organizations
for projects that meet the purpose and selection criteria specified
in this subsection.
(2) Application.--To be eligible to enter into a cooperative
agreement or receive a grant under this subsection, a government
entity or nonprofit organization shall submit to the Secretary an
application containing such information as the Secretary may
require.
(3) Selection criteria.--Projects proposed in applications
shall be evaluated against publicly disseminated criteria that
shall incorporate a scientifically based strategy that is designed
to improve diet quality and nutritional outcomes through the
increased purchase of fluid milk by members of households that
participate in the supplemental nutrition assistance program.
(4) Use of funds.--Funds made available to carry out this
section shall not be used for any project that limits the use of
benefits provided under the Food and Nutrition Act of 2008.
(d) Evaluation and Reporting.--
(1) Evaluation.--
(A) Independent evaluation.--
(i) In general.--The Secretary shall provide for an
independent evaluation of projects selected under this
section that measures, to the maximum extent practicable,
the impact on health and nutrition.
(ii) Requirement.--The independent evaluation under
this subparagraph shall use rigorous methodologies,
particularly random assignment or other methods that are
capable of producing scientifically valid information
regarding which activities are effective.
(B) Costs.--The Secretary may use funds not to exceed 7
percent of the funding provided to carry out this section to
pay costs associated with evaluating the outcomes of the
healthy fluid milk incentive projects.
(2) Reporting.--Not later than December 31 of 2020, and
biennially 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 a description of--
(A) the status of each healthy fluid milk incentives
project, and
(B) the results of any completed evaluation that--
(i) include, to the maximum extent practicable, the
impact of the healthy fluid milk incentive projects on
health and nutrition outcomes among households
participating in such projects, and
(ii) have not been submitted in a previous report under
this paragraph.
(3) Public dissemination.--In addition to the reporting
requirements under paragraph (2), evaluation results shall be
shared publicly to promote wide use of successful strategies.
(e) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated $20,000,000 to carry out and evaluate the outcomes of
projects under this section, to remain available until expended.
(2) Appropriations in advance.--Only funds appropriated under
paragraph (1) in advance specifically to carry out this section
shall be available to carry out this section.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE ELIGIBILITY
REQUIREMENT FOR FARM OWNERSHIP LOANS.
Section 302(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1922(b)) is amended by adding at the end the following:
``(4) Waiver authority.--In the case of a qualified beginning
farmer or rancher, the Secretary may--
``(A) reduce the 3-year requirement in paragraph (1) to 1
or 2 years, if the farmer or rancher has--
``(i) not less than 16 credit hours of post-secondary
education in a field related to agriculture;
``(ii) successfully completed a farm management
curriculum offered by a cooperative extension service, a
community college, an adult vocational agriculture program,
a nonprofit organization, or a land-grant college or
university;
``(iii) at least 1 year of experience as hired farm
labor with substantial management responsibilities;
``(iv) successfully completed a farm mentorship,
apprenticeship, or internship program with an emphasis on
management requirements and day-to-day farm management
decisions;
``(v) significant business management experience;
``(vi) been honorably discharged from the armed forces
of the United States;
``(vii) successfully repaid a youth loan made under
section 311(b); or
``(viii) an established relationship with an individual
who has experience in farming or ranching, or is a retired
farmer or rancher, and is participating as a counselor in a
Service Corps of Retired Executives program authorized
under section 8(b)(1)(B) of the Small Business Act (15
U.S.C. 637(b)(1)(B)), or with a local farm or ranch
operator or organization, approved by the Secretary, that
is committed to mentoring the farmer or rancher; or
``(B) waive the 3-year requirement in paragraph (1) if the
farmer or rancher meets the requirements of clauses (iii) and
(viii) of subparagraph (A).''.
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--
(1) in subsection (a)(2)--
(A) by striking ``$300,000'' and inserting ``$600,000'';
(B) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(C) by striking ``2000'' and inserting ``2019''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``August'' and inserting
``July''; and
(B) in paragraph (2), by striking ``ending on August 31,
1996'' and inserting ``that immediately precedes the 12-month
period described in paragraph (1)''.
SEC. 5104. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND SUCCESSION ON
FARMLAND.
Subtitle A of title III of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1922 et seq.) is amended by adding at the end
the following:
``SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND SUCCESSION ON
FARMLAND.
``(a) In General.--The Secretary may make loans to eligible
entities described in subsection (b) so that the eligible entities may
relend the funds to individuals and entities for the purposes described
in subsection (c).
``(b) Eligible Entities.--Entities eligible for loans described in
subsection (a) are cooperatives, credit unions, and nonprofit
organizations with--
``(1) certification under section 1805.201 of title 12, Code of
Federal Regulations (or successor regulations), to operate as a
lender;
``(2) experience assisting socially disadvantaged farmers and
ranchers (as defined in subsection (a) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279))
or limited resource or new and beginning farmers and ranchers,
rural businesses, cooperatives, or credit unions, including
experience in making and servicing agricultural and commercial
loans; and
``(3) the ability to provide adequate assurance of the
repayment of a loan.
``(c) Eligible Purposes.--The proceeds from loans made by the
Secretary pursuant to subsection (a) shall be re-lent by eligible
entities for projects that assist heirs with undivided ownership
interests to resolve ownership and succession on farmland that has
multiple owners.
``(d) Preference.--In making loans under subsection (a), the
Secretary shall give preference to eligible entities--
``(1) with not less than 10 years of experience serving
socially disadvantaged farmers and ranchers; and
``(2) in States that have adopted a statute consisting of an
enactment or adoption of the Uniform Partition of Heirs Property
Act, as approved and recommended for enactment in all States by the
National Conference of Commissioners on Uniform State Laws in 2010,
that relend to owners of heirs property (as defined in that Act).
``(e) Loan Terms and Conditions.--The following terms and
conditions shall apply to loans made under this section:
``(1) The interest rate at which intermediaries may borrow
funds under this section shall be determined by the Secretary.
``(2) The rates, terms, and payment structure for borrowers to
which intermediaries lend shall be--
``(A) determined by the intermediary in an amount
sufficient to cover the cost of operating and sustaining the
revolving loan fund; and
``(B) clearly and publicly disclosed to qualified ultimate
borrowers.
``(3) Borrowers to which intermediaries lend shall be--
``(A) required to complete a succession plan as a condition
of the loan; and
``(B) be offered the opportunity to borrow sufficient funds
to cover costs associated with the succession plan under
subparagraph (A) and other associated legal and closing costs.
``(f) Report.--Not later than 1 year 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 operation and outcomes of the program under this section, with
recommendations on how to strengthen the program.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019 through 2023.''.
Subtitle B--Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1943) is amended--
(1) in subsection (a)(1)--
(A) by striking ``$300,000'' and inserting ``$400,000'';
(B) by striking ``$700,000'' and inserting ``$1,750,000'';
and
(C) by striking ``2000'' and inserting ``2019''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``August'' and inserting
``July''; and
(B) in paragraph (2), by striking ``ending on August 31,
1996'' and inserting ``that immediately precedes the 12-month
period described in paragraph (1)''.
SEC. 5202. MICROLOANS.
Section 313(c)(2) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943(c)(2)) is amended by striking ``title'' and
inserting ``subsection''.
SEC. 5203. COOPERATIVE LENDING PILOT PROJECTS.
Section 313(c)(4)(A) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943(c)(4)(A)) is amended by striking ``2018'' and
inserting ``2023''.
Subtitle C--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL DEVELOPMENT ACCOUNTS
PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1983b(h)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 5302. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$4,226,000,000 for each of fiscal years 2008 through 2018'' and
inserting ``$10,000,000,000 for each of fiscal years 2019 through
2023''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) $3,000,000,000 shall be for direct loans, of which--
``(i) $1,500,000,000 shall be for farm ownership loans
under subtitle A; and
``(ii) $1,500,000,000 shall be for operating loans
under subtitle B; and
``(B) $7,000,000,000 shall be for guaranteed loans, of
which--
``(i) $3,500,000,000 shall be for farm ownership loans
under subtitle A; and
``(ii) $3,500,000,000 shall be for operating loans
under subtitle B.''.
SEC. 5303. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 5304. USE OF ADDITIONAL FUNDS FOR DIRECT OPERATING MICROLOANS
UNDER CERTAIN CONDITIONS.
Section 346(b) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1994(b)) is amended by adding at the end the following:
``(5) Use of additional funds for direct operating microloans
under certain conditions.--
``(A) In general.--If the Secretary determines that the
amount needed for a fiscal year for direct operating loans
(including microloans) under subtitle B is greater than the
aggregate principal amount authorized for that fiscal year by
this Act, an appropriations Act, or any other provision of law,
the Secretary shall make additional microloans under subtitle B
using amounts made available under subparagraph (C).
``(B) Notice.--Not later than 15 days before the date on
which the Secretary uses the authority under subparagraph (A),
the Secretary shall submit a notice of the use of that
authority to--
``(i) the Committee on Appropriations of the House of
Representatives;
``(ii) the Committee on Appropriations of the Senate;
``(iii) the Committee on Agriculture of the House of
Representatives; and
``(iv) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.
``(C) Authorization of appropriations.--There is authorized
to be appropriated to carry out this paragraph $5,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 5305. EQUITABLE RELIEF.
The Consolidated Farm and Rural Development Act is amended by
inserting after section 365 (7 U.S.C. 2008) the following:
``SEC. 366. EQUITABLE RELIEF.
``(a) In General.--Subject to subsection (b), the Secretary may
provide a form of relief described in subsection (c) to any farmer or
rancher who--
``(1) received a direct farm ownership, operating, or emergency
loan under this title; and
``(2) the Secretary determines is not in compliance with the
requirements of this title with respect to the loan.
``(b) Limitation.--The Secretary may only provide relief to a
farmer or rancher under subsection (a) if the Secretary determines that
the farmer or rancher--
``(1) acted in good faith; and
``(2) relied on an action of, or the advice of, the Secretary
(including any authorized representative of the Secretary) to the
detriment of the farming or ranching operation of the farmer or
rancher.
``(c) Forms of Relief.--The Secretary may provide to a farmer or
rancher under subsection (a) any of the following forms of relief:
``(1) The farmer or rancher may retain loans or other benefits
received in association with the loan with respect to which the
farmer or rancher was determined to be noncompliant under
subsection (a)(2).
``(2) The farmer or rancher may receive such other equitable
relief as the Secretary determines to be appropriate.
``(d) Condition.--As a condition of receiving relief under this
section, the Secretary may require the farmer or rancher to take
actions designed to remedy the noncompliance.
``(e) Administrative Appeal; Judicial Review.--A determination or
action of the Secretary under this section--
``(1) shall be final; and
``(2) shall not be subject to administrative appeal or judicial
review under chapter 7 of title 5, United States Code.''.
SEC. 5306. 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 5305) 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 may provide for a standard guarantee plan, which shall cover
an amount equal to 95 percent of the outstanding principal of the
loan.''.
SEC. 5307. EMERGENCY LOAN ELIGIBILITY.
Section 373(b)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008h(b)(2)(B)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I) and
(II), respectively, and indenting appropriately;
(2) in the matter preceding subclause (I) (as so redesignated),
by striking ``The Secretary'' and inserting the following:
``(i) In general.--The Secretary''; and
(3) by adding at the end the following:
``(ii) Restructured loans.--For purposes of clause (i),
a borrower who was restructured with a write-down or
restructuring under section 353 shall not be considered to
have received debt forgiveness on a loan made or guaranteed
under this title.''.
Subtitle D--Miscellaneous
SEC. 5401. TECHNICAL CORRECTIONS TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
(a)(1) Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended in the second sentence by
striking ``and limited liability companies'' and inserting ``limited
liability companies, and such other legal entities''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 5201(2)(C) of the Agricultural Act
of 2014 (Public Law 113-79) in lieu of the amendment made by such
section.
(b)(1) Section 331D(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1981d(e)) is amended by inserting after
``within 60 days after receipt of the notice required in this section''
the following: ``or, in extraordinary circumstances as determined by
the applicable State director, after the 60-day period''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 10 of the Agricultural Credit
Improvement Act of 1992 (Public Law 102-554).
(c)(1) Section 333A(f)(1)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983a(f)(1)(A)) is amended by striking
``114'' and inserting ``339''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 14 of the Agricultural Credit
Improvement Act of 1992 (Public Law 102-554).
(d) Section 339(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C.1989(d)(3)) is amended by striking ``preferred
certified lender'' and inserting ``Preferred Certified Lender''.
(e)(1) Section 343(a)(11)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(11)(C)) is amended by striking ``or
joint operators'' and inserting ``joint operator, or owners''.
(2) The amendment made by this subsection shall take effect as of
the effective date of section 5303(a)(2) of the Agricultural Act of
2014 (Public Law 113-79).
(f)(1) Section 343(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(b)) is amended by striking ``307(e)''
and inserting ``307(d)''.
(2) The amendment made by paragraph (1) shall take effect as of the
date of enactment of the Agricultural Act of 2014 (Public Law 113-79).
(g) Section 346(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C.1994(a)) is amended by striking the last comma.
SEC. 5402. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Issues Covered by State Mediation Programs.--Section 501(c) of
the Agricultural Credit Act of 1987 (7 U.S.C. 5101(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``under the jurisdiction of the Department of
Agriculture'';
(ii) in clause (ii), by inserting ``and the national
organic program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.)'' before the
period at the end; and
(iii) by striking clause (vii) and inserting the
following:
``(vii) Lease issues, including land leases and
equipment leases.
``(viii) Family farm transition.
``(ix) Farmer-neighbor disputes.
``(x) Such other issues as the Secretary or the head of
the department of agriculture of each participating State
considers appropriate for better serving the agricultural
community and persons eligible for mediation.''; and
(B) by adding at the end the following:
``(C) Mediation services.--Funding provided for the
mediation program of a qualifying State may also be used to
provide credit counseling to persons described in paragraph
(2)--
``(i) prior to the initiation of any mediation
involving the Department of Agriculture; or
``(ii) unrelated to any ongoing dispute or mediation in
which the Department of Agriculture is a party.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) any other persons involved in an issue for which
mediation services are provided by a mediation program
described in paragraph (1)(B).''; and
(3) in paragraph (3)(F), by striking ``that persons'' and
inserting the following: ``that--
``(i) the Department of Agriculture receives adequate
notification of those issues; and
``(ii) persons''.
(b) Report Required.--Section 505 of the Agricultural Credit Act of
1987 (7 U.S.C. 5105) is amended to read as follows:
``SEC. 505. REPORT.
``Not later than 2 years after the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall submit to
Congress a report describing--
``(1) the effectiveness of the State mediation programs
receiving matching grants under this subtitle;
``(2) recommendations for improving the delivery of mediation
services to producers;
``(3) the steps being taken to ensure that State mediation
programs receive timely funding under this subtitle; and
``(4) the savings to the States as a result of having a
mediation program.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by striking
``2018'' and inserting ``2023''.
SEC. 5403. COMPENSATION OF BANK DIRECTORS.
Section 4.21 of the Farm Credit Act of 1971 (12 U.S.C. 2209) is
repealed.
SEC. 5404. 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. 5405. FACILITY HEADQUARTERS.
Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C. 2251) is
amended by striking all that precedes ``to the rental of quarters'' and
inserting the following:
``SEC. 5.16. QUARTERS AND FACILITIES FOR THE FARM CREDIT
ADMINISTRATION.
``(a) The Farm Credit Administration shall maintain its principal
office within the Washington D.C.-Maryland-Virginia standard
metropolitan statistical area, and such other offices within the United
States as in its judgment are necessary.
``(b) As an alternate''.
SEC. 5406. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
Part C of title V of the Farm Credit Act of 1971 is amended by
inserting after section 5.29 (12 U.S.C. 2265) the following:
``SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
``(a) Definition of Person.--In this section, the term `person'
means--
``(1) an individual; and
``(2) in the case of a specific determination by the Farm
Credit Administration, a legal entity.
``(b) Industry-wide Prohibition.--Except as provided in subsection
(c), any person who, pursuant to an order issued under section 5.28 or
5.29, has been removed or suspended from office at a System institution
or prohibited from participating in the conduct of the affairs of a
System institution shall not, during the period of effectiveness of the
order, continue or commence to hold any office in, or participate in
any manner in the conduct of the affairs of--
``(1) any insured depository institution subject to section
8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(i));
``(2) any institution subject to section 8(e)(7)(A)(ii) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(A)(ii));
``(3) any insured credit union under the Federal Credit Union
Act (12 U.S.C. 1751 et seq.);
``(4) any Federal home loan bank;
``(5) any institution chartered under this Act;
``(6) any appropriate Federal financial institutions regulatory
agency (as defined in section 8(e)(7)(D) of the Federal Deposit
Insurance Act (12 U.S.C. 1818(e)(7)(D)));
``(7) the Federal Housing Finance Agency; or
``(8) the Farm Credit Administration.
``(c) Exception for Institution-affiliated Party That Receives
Written Consent.--
``(1) In general.--
``(A) Affiliated parties.--If, on or after the date on
which an order described in subsection (b) is issued that
removes or suspends an institution-affiliated party from office
at a System institution or prohibits an institution-affiliated
party from participating in the conduct of the affairs of a
System institution, that party receives written consent
described in subparagraph (B), subsection (b) shall not apply
to that party--
``(i) to the extent provided in the written consent
received; and
``(ii) with respect to the institution described in
each written consent.
``(B) Written consent described.--The written consent
referred to in subparagraph (A) is written consent received
from--
``(i) the Farm Credit Administration; and
``(ii) each appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D))) of
the applicable institution described in any of paragraphs
(1), (2), (3), or (4) of subsection (b) with respect to
which the party proposes to be become an affiliated party.
``(2) Disclosure.--Any agency described in clause (i) or (ii)
of paragraph (1)(B) that provides a written consent under that
paragraph shall--
``(A) report the action to the Farm Credit Administration;
and
``(B) publicly disclose the action.
``(3) Consultation between agencies.--The agencies described in
clauses (i) and (ii) of paragraph (1)(B) shall consult with each
other before providing any written consent under that paragraph.
``(d) Violations.--A violation of subsection (b) by any person who
is subject to an order described in that subsection shall be treated as
violation of that order.''.
SEC. 5407. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
Part C of title V of the Farm Credit Act of 1971 is amended by
inserting after section 5.31 (12 U.S.C. 2267) the following:
``SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
``(a) In General.--For purposes of sections 5.25, 5.26, and 5.32,
the jurisdiction of the Farm Credit Administration over parties, and
the authority of the Farm Credit Administration to initiate actions,
shall include enforcement authority over institution-affiliated
parties.
``(b) Effect of Separation on Jurisdiction and Authority.--Subject
to subsection (c), the resignation, termination of employment or
participation, or separation of an institution-affiliated party
(including a separation caused by the merger, consolidation,
conservatorship, or receivership of a Farm Credit System institution)
shall not affect the jurisdiction and authority of the Farm Credit
Administration to issue any notice or order and proceed under this part
against that party.
``(c) Limitation.--To proceed against a party under subsection (b),
the notice or order described in that subsection shall be served not
later than 6 years after the date on which the party ceased to be an
institution-affiliated party with respect to the applicable Farm Credit
System institution.
``(d) Applicability.--The date on which a party ceases to be an
institution-affiliated party described in subsection (c) may occur
before, on, or after the date of enactment of this section.''.
SEC. 5408. DEFINITION OF INSTITUTION-AFFILIATED PARTY.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C. 2271) is
amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) the term `institution-affiliated party' means--
``(A) a director, officer, employee, shareholder, or agent
of a System institution;
``(B) an independent contractor (including an attorney,
appraiser, or accountant) who knowingly or recklessly
participates in--
``(i) a violation of law (including regulations) that
is associated with the operations and activities of 1 or
more System institutions;
``(ii) a breach of fiduciary duty; or
``(iii) an unsafe practice that causes or is likely to
cause more than a minimum financial loss to, or a
significant adverse effect on, a System institution; and
``(C) any other person, as determined by the Farm Credit
Administration (by regulation or on a case-by-case basis) who
participates in the conduct of the affairs of a System
institution; and''.
SEC. 5409. PROHIBITION ON USE OF FUNDS.
Section 5.65 of the Farm Credit Act of 1971 (12 U.S.C. 2277a-14) is
amended by adding at the end the following:
``(e) Prohibition on Uses of Funds Related to Federal Agricultural
Mortgage Corporation.--No funds from administrative accounts or from
the Farm Credit System Insurance Fund may be used by the Corporation to
provide assistance to the Federal Agricultural Mortgage Corporation or
to support any activities related to the Federal Agricultural Mortgage
Corporation.''.
SEC. 5410. EXPANSION OF ACREAGE EXCEPTION TO LOAN AMOUNT LIMITATION.
(a) In General.--Section 8.8(c)(2) of the Farm Credit Act of 1971
(12 U.S.C. 2279aa-8(c)(2)) is amended by striking ``1,000'' and
inserting ``2,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 1 year after the date a report submitted in accordance with
section 5414 of this Act indicates that it is feasible to increase the
acreage limitation in section 8.8(c)(2) of the Farm Credit Act of 1971
to 2,000 acres.
SEC. 5411. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL CORRECTIONS.
(1) Section 1.1(c) of the Farm Credit Act of 1971 (12 U.S.C.
2001(c)) is amended in the first sentence by striking ``including
any costs of defeasance under section 4.8(b),''.
(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C. 2002)
is amended by striking subsection (a) and inserting the following:
``(a) Composition.--The Farm Credit System shall include the Farm
Credit Banks, the bank for cooperatives, Agricultural Credit Banks, the
Federal Land Bank Associations, the Federal Land Credit Associations,
the Production Credit Associations, the agricultural credit
associations, the Federal Farm Credit Banks Funding Corporation, the
Federal Agricultural Mortgage Corporation, service corporations
established pursuant to section 4.25, and such other institutions as
may be made a part of the Farm Credit System, all of which shall be
chartered by and subject to regulation by the Farm Credit
Administration.''.
(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C. 2075)
is amended by striking subsection (d).
(4) Section 3.0(a) of the Farm Credit Act of 1971 (12 U.S.C.
2121(a)) is amended--
(A) in the third sentence, by striking ``and a Central Bank
for Cooperatives''; and
(B) by striking the fifth sentence.
(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C. 2123)
is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``not merged into the
United Bank for Cooperatives or the National Bank for
Cooperatives''; and
(ii) in paragraph (2)(A), in the matter preceding
clause (i), by striking ``(other than the National Bank for
Cooperatives)'';
(B) by striking subsection (b);
(C) in subsection (a)--
(i) by striking ``(a)(1) Each bank'' and inserting the
following:
``(a) In General.--Each bank''; and
(ii) by striking ``(2)(A) If approved'' and inserting
the following:
``(b) Nomination and Election.--
``(1) In general.--If approved'';
(D) in subsection (b)(1) (as so designated)--
(i) in subparagraph (B), by striking ``(B) The total''
and inserting the following:
``(2) Number of votes.--The total''; and
(ii) by redesignating clauses (i) and (ii) as
subparagraphs (A) and (B), respectively, and indenting
appropriately; and
(E) in paragraph (2) (as so designated), by striking
``paragraph'' and inserting ``subsection''.
(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C. 2126)
is amended in the third sentence by striking ``district''.
(7) Section 3.7(a) of the Farm Credit Act of 1971 (12 U.S.C.
2128(a)) is amended by striking the second sentence.
(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended by inserting ``(or any successor
agency)'' after ``Rural Electrification Administration''.
(9) Section 3.9(a) of the Farm Credit Act of 1971 (12 U.S.C.
2130(a)) is amended by striking the third sentence.
(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C.
2131) is amended--
(A) in subsection (c), by striking the second sentence; and
(B) in subsection (d)--
(i) by striking ``district'' each place it appears; and
(ii) by inserting ``for cooperatives (or any successor
bank)'' before ``on account''.
(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C.
2132) is amended--
(A) in subsection (a), in the first sentence, by striking
``subsections (b) and (c) of this section'' and inserting
``subsection (b)'';
(B) in subsection (b)--
(i) in the first sentence, by striking ``district'';
and
(ii) in the second sentence, by striking ``Except as
provided in subsection (c) below, all'' and inserting
``All'';
(C) by striking subsection (c); and
(D) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively.
(12) Part B of title III of the Farm Credit Act of 1971 (12
U.S.C. 2141 et seq.) is amended in the part heading by striking
``United and''.
(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C.
2141) is amended--
(A) in subsection (a), by striking ``or the United Bank for
Cooperatives, as the case may be''; and
(B) in subsection (b), by striking ``the district banks for
cooperatives and the Central Bank for Cooperatives'' and
inserting ``the constituent banks described in section 413(b)
of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note;
Public Law 100-233)''.
(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C.
2142) is repealed.
(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C.
2149) is amended by striking ``a district bank for cooperatives and
the Central Bank for Cooperatives'' and inserting ``the constituent
banks described in section 413(b) of the Agricultural Credit Act of
1987 (12 U.S.C. 2121 note; Public Law 100-233)''.
(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C.
2149a) is repealed.
(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C.
2151) is repealed.
(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C.
2159) is amended--
(A) by striking the section designation and heading and all
that follows through ``Each bank'' in subsection (a) and
inserting the following:
``SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.
``Each bank''; and
(B) by striking subsection (b).
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.
2160) is amended--
(A) in subsection (d)--
(i) by striking paragraph (2) and inserting the
following:
``(3) Representation of board.--The Farm Credit System
Insurance Corporation shall not have representation on the board of
directors of the Corporation.'';
(ii) in the undesignated matter following paragraph
(1)(D), by striking ``In selecting'' and inserting the
following:
``(2) Considerations.--In selecting''; and
(iii) in paragraph (2) (as so designated), by inserting
``of paragraph (1)'' after ``(A) and (B)'';
(B) by striking subsection (e); and
(C) by redesignating subsection (f) as subsection (e).
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12 U.S.C.
2162(c)) is amended--
(A) by striking ``institution, and--'' in the matter
preceding paragraph (1) and all that follows through the period
at the end of paragraph (2) and inserting ``institution.'';
(B) by striking ``If an institution'' and inserting the
following:
``(1) In general.--If an institution'';
(C) in paragraph (1) (as so designated), by striking ``the
receiver of the institution'' and inserting ``the Farm Credit
System Insurance Corporation, acting as receiver,''; and
(D) by adding at the end the following:
``(2) Funding.--The Farm Credit System Insurance Corporation
shall use such funds from the Farm Credit Insurance Fund as are
sufficient to carry out this section.''.
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12 U.S.C.
2184(a)) is amended by striking paragraph (1) and inserting the
following:
``(1) In general.--A Farm Credit System bank or association
shall provide to a stockholder of the bank or association a current
list of stockholders of the bank or association not later than 7
calendar days after the date on which the bank or association
receives a written request for the stockholder list from the
stockholder.''.
(22) Section 4.14A of the Farm Credit Act of 1971 (12 U.S.C.
2202a) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting
``and section 4.36'' before the colon at the end; and
(ii) in paragraph (5)(B)(ii)(I), by striking
``4.14C,'';
(B) by striking subsection (h);
(C) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively; and
(D) in subsection (k) (as so redesignated), by striking
``production credit''.
(23) Section 4.14C of the Farm Credit Act of 1971 (12 U.S.C.
2202c) is repealed.
(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C.
2205) is amended in the third sentence by striking ``Federal
intermediate credit banks and''.
(25) Section 4.19(a) of the Farm Credit Act of 1971 (12 U.S.C.
2207(a)) is amended--
(A) in the first sentence--
(i) by striking ``district''; and
(ii) by striking ``Federal land bank association and
production credit''; and
(B) in the second sentence, by striking ``units'' and
inserting ``institutions''.
(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C.
2219c) is amended by striking ``The Assistance Board established
under section 6.0 and all'' and inserting ``All''.
(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C.
2219d) is amended by striking ``8.0(7))'' and inserting ``8.0)''.
(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.
2251) is amended in the undesignated matter following paragraph (5)
of subsection (b) (as designated by section 5405)--
(A) in the fifth sentence, by striking ``In actions
undertaken by the banks pursuant to the foregoing provisions of
this section'' and inserting the following:
``(5) Agent for banks.--In actions undertaken by the banks
pursuant to this section'';
(B) in the fourth sentence, by striking ``The plans'' and
inserting the following:
``(4) Approval of board.--The plans'';
(C) in the third sentence, by striking ``The powers'' and
inserting the following:
``(3) Powers of banks.--The powers'';
(D) in the second sentence, by striking ``Such advances''
and inserting the following:
``(2) Advances.--The advances of funds described in paragraph
(1)''; and
(E) in the first sentence, by striking ``The Board'' and
inserting the following:
``(c) Financing.--
``(1) In general.--The Board''.
(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(2)) is amended by striking the second and third
sentences.
(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C.
2253) is repealed.
(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended--
(A) in subsection (a)--
(i) in the first sentence, by striking ``Except for
Federal land bank associations, each'' and inserting
``Each''; and
(ii) by striking the second sentence; and
(B) in subsection (b)--
(i) by striking ``(b)(1) Each'' and inserting ``(b)
Each'';
(ii) in the matter preceding paragraph (2) (as so
designated)--
(I) in the second sentence, by striking ``, except
with respect to any actions taken by any banks of the
System under section 4.8(b),''; and
(II) by striking the third sentence; and
(iii) by striking paragraphs (2) and (3).
(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C.
2267) is amended in the second sentence by striking ``4.14A(i)''
and inserting ``4.14A(h)''.
(33) Section 5.32(h) of the Farm Credit Act of 1971 (12 U.S.C.
2268(h)) is amended by striking ``4.14A(i)'' and inserting
``4.14A(h)''.
(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended in paragraph (5) (as redesignated by section
5408(2))--
(A) in subparagraph (A), by adding ``and'' at the end;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in subparagraph (B) (as so redesignated)--
(i) by striking ``after December 31, 1992,''; and
(ii) by striking ``by the Farm Credit System Assistance
Board under section 6.6 or''.
(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C.
2274) is amended by striking ``a farm'' and all that follows
through ``land bank'' and inserting ``a Farm Credit Bank board,
officer, or employee shall not remove any director or officer of
any''.
(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C.
2275) is repealed.
(37) Section 5.58(2) of the Farm Credit Act of 1971 (12 U.S.C.
2277a-7(2)) is amended by striking the second sentence.
(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-9) is amended--
(A) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Corporation'' in paragraph (2) and inserting the following:
``(b) Amounts in Fund.--The Corporation''; and
(B) in subsection (c)(2), by striking ``Insurance Fund to--
'' in the matter preceding subparagraph (A) and all that
follows through ``ensure'' in subparagraph (B) and inserting
``Insurance Fund to ensure''.
(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C. 2278a
et seq.) is repealed.
(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279c-2) is amended by striking subsection (c).
(41) Section 7.10(a) of the Farm Credit Act of 1971 (12 U.S.C.
2279d(a)) is amended by striking paragraph (4) and inserting the
following:
``(4) the institution pays to the Farm Credit Insurance Fund
the amount by which the total capital of the institution exceeds 6
percent of the assets;''.
(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa) is amended--
(A) in paragraph (2), by striking ``means--'' in the matter
preceding subparagraph (A) and all that follows through the
period at the end of the undesignated matter following
subparagraph (B) and inserting ``means the board of directors
established under section 8.2.'';
(B) by striking paragraphs (6) and (8);
(C) by redesignating paragraphs (7), (9), and (10) as
paragraphs (6), (7), and (8), respectively; and
(D) in subparagraph (B)(i) of paragraph (7) (as so
redesignated), by striking ``(b) through (d)'' and inserting
``(b) and (c)''.
(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-2) is amended--
(A) by striking subsection (a);
(B) in subsection (b), by striking the subsection
designation and heading and all that follows through the period
at the end of paragraph (1) and inserting the following:
``(a) In General.--
``(1) Establishment.--The Corporation shall be under the
management of the board of directors.'';
(C) in subsection (a) (as so designated)--
(i) by striking ``permanent board'' each place it
appears and inserting ``Board'';
(ii) by striking paragraph (3);
(iii) by redesignating paragraphs (4) through (10) as
paragraphs (3) through (9), respectively; and
(iv) in paragraph (3)(A) (as so redesignated), by
striking ``(6)'' and inserting ``(5)''; and
(D) by redesignating subsection (c) as subsection (b).
(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-4(a)(1)) is amended--
(A) in the sixth sentence--
(i) by striking ``Class B'' and inserting the
following:
``(iii) Class b stock.--Class B''; and
(ii) by striking ``8.2(b)(2)(B)'' and inserting
``8.2(a)(2)(B)'';
(B) in the fifth sentence--
(i) by striking ``Class A'' and inserting the
following:
``(ii) Class a stock.--Class A''; and
(ii) by striking ``8.2(b)(2)(A)'' and inserting
``8.2(a)(2)(A)'';
(C) in the fourth sentence, by striking ``The stock'' and
inserting the following:
``(D) Classes of stock.--
``(i) In general.--The stock'';
(D) by striking the third sentence and inserting the
following:
``(C) Offers.--
``(i) In general.--The Board shall offer the voting
common stock to banks, other financial institutions,
insurance companies, and System institutions under such
terms and conditions as the Board may adopt.
``(ii) Requirements.--The voting common stock shall be
fairly and broadly offered to ensure that--
``(I) no institution or institutions acquire a
disproportionate share of the total quantity of the
voting common stock outstanding of a class of stock;
and
``(II) capital contributions and issuances of
voting common stock for the contributions are fairly
distributed between entities eligible to hold class A
stock and class B stock.'';
(E) in the second sentence, by striking ``Each share'' and
inserting the following:
``(B) Number of votes.--Each share''; and
(F) in the first sentence, by striking ``The Corporation''
and inserting the following:
``(A) In general.--The Corporation''.
(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-6) is amended--
(A) by striking subsection (d);
(B) by redesignating subsection (e) as subsection (d); and
(C) in paragraph (2) of subsection (d) (as so
redesignated), by striking ``8.0(9))'' and inserting ``8.0)''.
(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-9) is amended by striking ``4.14C,'' each place it appears.
(47) Section 8.11(e) of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-11(e)) is amended by striking ``8.0(7))'' and inserting
``8.0)''.
(48) Section 8.32(a) of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-1(a)) is amended--
(A) in the first sentence of the matter preceding paragraph
(1), by striking ``Not sooner than the expiration of the 3-year
period beginning on the date of enactment of the Farm Credit
System Reform Act of 1996, the'' and inserting ``The''; and
(B) in paragraph (1)(B), by striking ``8.0(9)(C)'' and
inserting ``8.0(7)(C)''.
(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2279bb-2(b)(2)(A)) is amended by striking ``8.6(e)'' and
inserting ``8.6(d)''.
(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-4) is amended by striking subsection (e).
(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-7) is repealed.
(52) Section 4 of the Agricultural Marketing Act (12 U.S.C.
1141b) is repealed.
(53) Section 5 of the Agricultural Marketing Act (12 U.S.C.
1141c) is repealed.
(54) Section 6 of the Agricultural Marketing Act (12 U.S.C.
1141d) is repealed.
(55) Section 7 of the Agricultural Marketing Act (12 U.S.C.
1141e) is repealed.
(56) Section 8 of the Agricultural Marketing Act (12 U.S.C.
1141f) is repealed.
(57) Section 14 of the Agricultural Marketing Act (12 U.S.C.
1141i) is repealed.
(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239; 12
U.S.C. 1141d-1), is repealed.
(59) Section 201(e) of the Emergency Relief and Construction
Act of 1932 (12 U.S.C. 1148) is repealed.
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,
chapter 192; 12 U.S.C. 1148a-4), is repealed.
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.
1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.
1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,
chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
SEC. 5412. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN OTHER
POWERS.
Part E of title V of the Farm Credit Act of 1971 is amended by
inserting after section 5.61B (12 U.S.C. 2277a-10b) the following:
``SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN OTHER
POWERS.
``(a) Definition of Institution.--In this section, the term
`institution' includes any System institution for which the Corporation
has been appointed as conservator or receiver.
``(b) Certain Powers and Duties of Corporation as Conservator or
Receiver.--In addition to the powers inherent in the express grant of
corporate authority under section 5.58(9), and other powers exercised
by the Corporation under this part, the Corporation shall have the
following express powers to act as a conservator or receiver:
``(1) Rulemaking authority of corporation.--The Corporation may
prescribe such regulations as the Corporation determines to be
appropriate regarding the conduct of conservatorships or
receiverships.
``(2) General powers.--
``(A) Successor to system institution.--The Corporation
shall, as conservator or receiver, and by operation of law,
succeed to--
``(i) all rights, titles, powers, and privileges of the
System institution, and of any stockholder, member,
officer, or director of such System institution with
respect to the System institution and the assets of the
System institution; and
``(ii) title to the books, records, and assets of any
previous conservator or other legal custodian of such
System institution.
``(B) Operate the system institution.--The Corporation may,
as conservator or receiver--
``(i) take over the assets of and operate the System
institution with all the powers of the stockholders or
members, the directors, and the officers of the System
institution and conduct all business of the System
institution;
``(ii) collect all obligations and money due the System
institution;
``(iii) perform all functions of the System institution
in the name of the System institution which are consistent
with the appointment as conservator or receiver;
``(iv) preserve and conserve the assets and property of
such System institution; and
``(v) provide by contract for assistance in fulfilling
any function, activity, action, or duty of the Corporation
as conservator or receiver.
``(C) Functions of system institution's officers,
directors, members, and stockholders.--The Corporation may, by
regulation or order, provide for the exercise of any function
by any stockholder, member, director, or officer of any System
institution for which the Corporation has been appointed
conservator or receiver.
``(D) Powers as conservator.--Subject to any Farm Credit
Administration approvals required under this Act, the
Corporation may, as conservator, take such action as may be--
``(i) necessary to put the System institution in a
sound and solvent condition; and
``(ii) appropriate to carry on the business of the
System institution and preserve and conserve the assets and
property of the System institution.
``(E) Additional powers as receiver.--The Corporation may,
as receiver, liquidate the System institution and proceed to
realize upon the assets of the System institution, in such
manner as the Corporation determines to be appropriate.
``(F) Organization of new system bank.--The Corporation
may, as receiver with respect to any System bank, organize a
bridge System bank under subsection (h).
``(G) Merger; transfer of assets and liabilities.--
``(i) In general.--Subject to clause (ii), the
Corporation may, as conservator or receiver--
``(I) merge the System institution with another
System institution; and
``(II) transfer or sell any asset or liability of
the System institution in default without any approval,
assignment, or consent with respect to such transfer.
``(ii) Approval.--No merger or transfer under clause
(i) may be made to another System institution (other than a
bridge System bank under subsection (h)) without the
approval of the Farm Credit Administration.
``(H) Payment of valid obligations.--The Corporation, as
conservator or receiver, shall, to the extent that proceeds are
realized from the performance of contracts or the sale of the
assets of a System institution, pay all valid obligations of
the System institution in accordance with the prescriptions and
limitations of this section.
``(I) Incidental powers.--
``(i) In general.--The Corporation may, as conservator
or receiver--
``(I) exercise all powers and authorities
specifically granted to conservators or receivers,
respectively, under this section and such incidental
powers as shall be necessary to carry out such powers;
and
``(II) take any action authorized by this section,
which the Corporation determines is in the best
interests of--
``(aa) the System institution in receivership
or conservatorship;
``(bb) System institutions;
``(cc) System institution stockholders or
investors; or
``(dd) the Corporation.
``(ii) Termination of rights and claims.--
``(I) In general.--Except as provided in subclause
(II), notwithstanding any other provision of law, the
appointment of the Corporation as receiver for a System
institution and the succession of the Corporation, by
operation of law, to the rights, titles, powers, and
privileges described in subparagraph (A) shall
terminate all rights and claims that the stockholders
and creditors of the System institution may have,
arising as a result of their status as stockholders or
creditors, against the assets or charter of the System
institution or the Corporation.
``(II) Exceptions.--Subclause (I) shall not
terminate the right to payment, resolution, or other
satisfaction of the claims of stockholders and
creditors described in that subclause, as permitted
under paragraphs (10) and (11) and subsection (d).
``(iii) Charter.--Notwithstanding any other provision
of law, for purposes of this section, the charter of a
System institution shall not be considered to be an asset
of the System institution.
``(J) Utilization of private sector.--In carrying out its
responsibilities in the management and disposition of assets
from System institutions, as conservator, receiver, or in its
corporate capacity, the Corporation may utilize the services of
private persons, including real estate and loan portfolio asset
management, property management, auction marketing, legal, and
brokerage services, if the Corporation determines utilization
of such services is practicable, efficient, and cost effective.
``(3) Authority of receiver to determine claims.--
``(A) In general.--The Corporation may, as receiver,
determine claims in accordance with the requirements of this
subsection and regulations prescribed under paragraph (4).
``(B) Notice requirements.--The receiver, in any case
involving the liquidation or winding up of the affairs of a
closed System institution, shall--
``(i) promptly publish a notice to the System
institution's creditors to present their claims, together
with proof, to the receiver by a date specified in the
notice which shall be not less than 90 days after the
publication of such notice; and
``(ii) republish such notice approximately 1 month and
2 months, respectively, after the publication under clause
(i).
``(C) Mailing required.--The receiver shall mail a notice
similar to the notice published under subparagraph (B)(i) at
the time of such publication to any creditor shown on the
System institution's books--
``(i) at the creditor's last address appearing in such
books; or
``(ii) upon discovery of the name and address of a
claimant not appearing on the System institution's books
within 30 days after the discovery of such name and
address.
``(4) Rulemaking authority relating to determination of
claims.--The Corporation may prescribe regulations regarding the
allowance or disallowance of claims by the receiver and providing
for administrative determination of claims and review of such
determination.
``(5) Procedures for determination of claims.--
``(A) Determination period.--
``(i) In general.--Before the end of the 180-day period
beginning on the date any claim against a System
institution is filed with the Corporation as receiver, the
Corporation shall determine whether to allow or disallow
the claim and shall notify the claimant of any
determination with respect to such claim.
``(ii) Extension of time.--The period described in
clause (i) may be extended by a written agreement between
the claimant and the Corporation.
``(iii) Mailing of notice sufficient.--The requirements
of clause (i) shall be deemed to be satisfied if the notice
of any determination with respect to any claim is mailed to
the last address of the claimant which appears--
``(I) on the System institution's books;
``(II) in the claim filed by the claimant; or
``(III) in documents submitted in proof of the
claim.
``(iv) Contents of notice of disallowance.--If any
claim filed under clause (i) is disallowed, the notice to
the claimant shall contain--
``(I) a statement of each reason for the
disallowance; and
``(II) the procedures available for obtaining
agency review of the determination to disallow the
claim or judicial determination of the claim.
``(B) Allowance of proven claims.--The receiver shall allow
any claim received on or before the date specified in the
notice published under paragraph (3)(B)(i) by the receiver from
any claimant which is proved to the satisfaction of the
receiver.
``(C) Disallowance of claims filed after end of filing
period.--
``(i) In general.--Except as provided in clause (ii),
claims filed after the date specified in the notice
published under paragraph (3)(B)(i) shall be disallowed and
such disallowance shall be final.
``(ii) Certain exceptions.--Clause (i) shall not apply
with respect to any claim filed by any claimant after the
date specified in the notice published under paragraph
(3)(B)(i) and such claim may be considered by the receiver
if--
``(I) the claimant did not receive notice of the
appointment of the receiver in time to file such claim
before such date; and
``(II) such claim is filed in time to permit
payment of such claim.
``(D) Authority to disallow claims.--
``(i) In general.--The receiver may disallow any
portion of any claim by a creditor or claim of security,
preference, or priority which is not proved to the
satisfaction of the receiver.
``(ii) Payments to less than fully secured creditors.--
In the case of a claim of a creditor against a System
institution which is secured by any property or other asset
of such System institution, any receiver appointed for any
System institution--
``(I) may treat the portion of such claim which
exceeds an amount equal to the fair market value of
such property or other asset as an unsecured claim
against the System institution; and
``(II) may not make any payment with respect to
such unsecured portion of the claim other than in
connection with the disposition of all claims of
unsecured creditors of the System institution.
``(iii) Exceptions.--No provision of this paragraph
shall apply with respect to--
``(I) any extension of credit from any Federal
Reserve bank or the United States Treasury to any
System institution; or
``(II) any security interest in the assets of the
System institution securing any such extension of
credit.
``(E) No judicial review of determination pursuant to
subparagraph (d).--No court may review the Corporation's
determination pursuant to subparagraph (D) to disallow a claim.
``(F) Legal effect of filing.--
``(i) Statute of limitation tolled.--For purposes of
any applicable statute of limitations, the filing of a
claim with the receiver shall constitute a commencement of
an action.
``(ii) No prejudice to other actions.--Subject to
paragraph (12) and the determination of claims by a
receiver, the filing of a claim with the receiver shall not
prejudice any right of the claimant to continue any action
which was filed before the appointment of the receiver.
``(6) Provision for judicial determination of claims.--
``(A) In general.--Before the end of the 60-day period
beginning on the earlier of--
``(i) the end of the period described in paragraph
(5)(A)(i) with respect to any claim against a System
institution for which the Corporation is receiver; or
``(ii) the date of any notice of disallowance of such
claim pursuant to paragraph (5)(A)(i),
the claimant may request administrative review of the claim in
accordance with paragraph (7) or file suit on such claim (or
continue an action commenced before the appointment of the
receiver) in the district or territorial court of the United
States for the district within which the System institution's
principal place of business is located or the United States
District Court for the District of Columbia (and such court
shall have jurisdiction to hear such claim).
``(B) Statute of limitations.--If any claimant fails to
file suit on such claim (or continue an action commenced before
the appointment of the receiver), before the end of the 60-day
period described in subparagraph (A), the claim shall be deemed
to be disallowed (other than any portion of such claim which
was allowed by the receiver) as of the end of such period, such
disallowance shall be final, and the claimant shall have no
further rights or remedies with respect to such claim.
``(7) Review of claims; administrative hearing.--If any
claimant requests review under this paragraph in lieu of filing or
continuing any action under paragraph (6) and the Corporation
agrees to such request, the Corporation shall consider the claim
after opportunity for a hearing on the record. The final
determination of the Corporation with respect to such claim shall
be subject to judicial review under chapter 7 of title 5, United
States Code.
``(8) Expedited determination of claims.--
``(A) Establishment required.--The Corporation shall
establish a procedure for expedited relief outside of the
routine claims process established under paragraph (5) for
claimants who--
``(i) allege the existence of legally valid and
enforceable or perfected security interests in assets of
any System institution for which the Corporation has been
appointed receiver; and
``(ii) allege that irreparable injury will occur if the
routine claims procedure is followed.
``(B) Determination period.--Before the end of the 90-day
period beginning on the date any claim is filed in accordance
with the procedures established pursuant to subparagraph (A),
the Corporation shall--
``(i) determine--
``(I) whether to allow or disallow such claim; or
``(II) whether such claim should be determined
pursuant to the procedures established pursuant to
paragraph (5); and
``(ii) notify the claimant of the determination, and if
the claim is disallowed, provide a statement of each reason
for the disallowance and the procedure for obtaining agency
review or judicial determination.
``(C) Period for filing or renewing suit.--Any claimant who
files a request for expedited relief shall be permitted to file
a suit, or to continue a suit filed before the appointment of
the receiver, seeking a determination of the claimant's rights
with respect to such security interest after the earlier of--
``(i) the end of the 90-day period beginning on the
date of the filing of a request for expedited relief; or
``(ii) the date the Corporation denies the claim.
``(D) Statute of limitations.--If an action described in
subparagraph (C) is not filed, or the motion to renew a
previously filed suit is not made, before the end of the 30-day
period beginning on the date on which such action or motion may
be filed in accordance with subparagraph (B), the claim shall
be deemed to be disallowed as of the end of such period (other
than any portion of such claim which was allowed by the
receiver), such disallowance shall be final, and the claimant
shall have no further rights or remedies with respect to such
claim.
``(E) Legal effect of filing.--
``(i) Statute of limitation tolled.--For purposes of
any applicable statute of limitations, the filing of a
claim with the receiver shall constitute a commencement of
an action.
``(ii) No prejudice to other actions.--Subject to
paragraph (12), the filing of a claim with the receiver
shall not prejudice any right of the claimant to continue
any action which was filed before the appointment of the
receiver.
``(9) Agreement as basis of claim.--
``(A) Requirements.--Except as provided in subparagraph
(B), any agreement which does not meet the requirements set
forth in section 5.61(d) shall not form the basis of, or
substantially comprise, a claim against the receiver or the
Corporation.
``(B) Exception to contemporaneous execution requirement.--
Notwithstanding section 5.61(d), any agreement relating to an
extension of credit between a Federal Reserve bank or the
United States Treasury and any System institution which was
executed before such extension of credit to such System
institution shall be treated as having been executed
contemporaneously with such extension of credit for purposes of
subparagraph (A).
``(10) Payment of claims.--
``(A) In general.--The receiver may, in the receiver's
discretion and to the extent funds are available from the
assets of the System institution, pay creditor claims which are
allowed by the receiver, approved by the Corporation pursuant
to a final determination pursuant to paragraph (7) or (8), or
determined by the final judgment of any court of competent
jurisdiction in such manner and amounts as are authorized under
this Act.
``(B) Liquidation payments.--The receiver may, in the
receiver's sole discretion, pay from the assets of the System
institution portions of proved claims at any time, and no
liability shall attach to the Corporation (in such
Corporation's corporate capacity or as receiver), by reason of
any such payment, for failure to make payments to a claimant
whose claim is not proved at the time of any such payment.
``(C) Rulemaking authority of corporation.--The Corporation
may prescribe such rules, including definitions of terms, as it
deems appropriate to establish a single uniform interest rate
for or to make payments of post insolvency interest to
creditors holding proven claims against the receivership
estates of System institutions following satisfaction by the
receiver of the principal amount of all creditor claims.
``(11) Priority of expenses and claims.--
``(A) In general.--Amounts realized from the liquidation or
other resolution of any System institution by any receiver
appointed for such System institution shall be distributed to
pay claims (other than secured claims to the extent of any such
security) in the following order of priority:
``(i) Administrative expenses of the receiver.
``(ii) If authorized by the Corporation, wages,
salaries, or commissions, including vacation, severance,
and sick leave pay earned by an individual--
``(I) in an amount that is not more than $11,725
for each individual (as indexed for inflation, by
regulation of the Corporation); and
``(II) that is earned 180 days or fewer before the
date of appointment of the Corporation as receiver.
``(iii) In the case of the resolution of a System bank,
all claims of holders of consolidated and System-wide bonds
and all claims of the other System banks arising from the
payments of the System banks pursuant to--
``(I) section 4.4 on consolidated and System-wide
bonds issued under subsection (c) or (d) of section
4.2; or
``(II) an agreement, in writing and approved by the
Farm Credit Administration, among the System banks to
reallocate the payments.
``(iv) In the case of the resolution of a production
credit association or other association making direct loans
under section 7.6, all claims of a System bank based on the
financing agreement between the association and the System
bank--
``(I) including interest accrued before and after
the appointment of the receiver; and
``(II) not including any setoff for stock or other
equity of that System bank owned by the association, on
that condition that, prior to making that setoff, that
System bank shall obtain the approval of the Farm
Credit Administration Board for the retirement of that
stock or equity.
``(v) Any general or senior liability of the System
institution (which is not a liability described in clause
(vi) or (vii)).
``(vi) Any obligation subordinated to general creditors
(which is not an obligation described in clause (vii)).
``(vii) Any obligation to stockholders or members
arising as a result of their status as stockholders or
members.
``(B) Payment of claims.--
``(i) In general.--
``(I) Payment.--All claims of each priority
described in clauses (i) through (vii) of subparagraph
(A) shall be paid in full, or provisions shall be made
for that payment, prior to the payment of any claim of
a lesser priority.
``(II) Insufficient funds.--If there are
insufficient funds to pay in full all claims in any
priority described clauses (i) through (vii) of
subparagraph (A), distribution on that priority of
claims shall be made on a pro rata basis.
``(ii) Distribution of remaining assets.--Following the
payment of all claims in accordance with subparagraph (A),
the receiver shall distribute the remainder of the assets
of the System institution to the owners of stock,
participation certificates, and other equities in
accordance with the priorities for impairment under the
bylaws of the System institution.
``(iii) Eligible borrower stock.--Notwithstanding
subparagraph (C) or any other provision of this section,
eligible borrower stock shall be retired in accordance with
section 4.9A.
``(C) Effect of state law.--
``(i) In general.--The provisions of subparagraph (A)
shall not supersede the law of any State except to the
extent such law is inconsistent with the provisions of such
subparagraph, and then only to the extent of the
inconsistency.
``(ii) Procedure for determination of inconsistency.--
Upon the Corporation's own motion or upon the request of
any person with a claim described in subparagraph (A) or
any State which is submitted to the Corporation in
accordance with procedures which the Corporation shall
prescribe, the Corporation shall determine whether any
provision of the law of any State is inconsistent with any
provision of subparagraph (A) and the extent of any such
inconsistency.
``(iii) Judicial review.--The final determination of
the Corporation under clause (ii) shall be subject to
judicial review under chapter 7 of title 5, United States
Code.
``(D) Accounting report.--Any distribution by the
Corporation in connection with any claim described in
subparagraph (A)(vii) shall be accompanied by the accounting
report required under paragraph (15)(B).
``(12) Suspension of legal actions.--
``(A) In general.--After the appointment of a conservator
or receiver for a System institution, the conservator or
receiver may request a stay for a period not to exceed--
``(i) 45 days, in the case of any conservator; and
``(ii) 90 days, in the case of any receiver,
in any judicial action or proceeding to which such System
institution is or becomes a party.
``(B) Grant of stay by all courts required.--Upon receipt
of a request by any conservator or receiver pursuant to
subparagraph (A) for a stay of any judicial action or
proceeding in any court with jurisdiction of such action or
proceeding, the court shall grant such stay as to all parties.
``(13) Additional rights and duties.--
``(A) Prior final adjudication.--The Corporation shall
abide by any final unappealable judgment of any court of
competent jurisdiction which was rendered before the
appointment of the Corporation as conservator or receiver.
``(B) Rights and remedies of conservator or receiver.--In
the event of any appealable judgment, the Corporation as
conservator or receiver shall--
``(i) have all the rights and remedies available to the
System institution (before the appointment of such
conservator or receiver) and the Corporation in its
corporate capacity, including removal to Federal court and
all appellate rights; and
``(ii) not be required to post any bond in order to
pursue such remedies.
``(C) No attachment or execution.--No attachment or
execution may issue by any court on--
``(i) assets in the possession of the receiver; or
``(ii) the charter of a System institution for which
the Corporation has been appointed receiver.
``(D) Limitation on judicial review.--Except as otherwise
provided in this subsection, no court shall have jurisdiction
over--
``(i) any claim or action for payment from, or any
action seeking a determination of rights with respect to,
the assets of any System institution for which the
Corporation has been appointed receiver, including assets
which the Corporation may acquire from itself as such
receiver; or
``(ii) any claim relating to any act or omission of
such System institution or the Corporation as receiver.
``(E) Disposition of assets.--In exercising any right,
power, privilege, or authority as receiver in connection with
any sale or disposition of assets of any System institution for
which the Corporation is acting as receiver, the Corporation
shall, to the maximum extent practicable, conduct its
operations in a manner which--
``(i) maximizes the net present value return from the
sale or disposition of such assets;
``(ii) minimizes the amount of any loss realized in the
resolution of cases;
``(iii) ensures adequate competition and fair and
consistent treatment of offerors;
``(iv) prohibits discrimination on the basis of race,
sex, or ethnic groups in the solicitation and consideration
of offers; and
``(v) mitigates the potential for serious adverse
effects to the rest of the System.
``(14) Statute of limitations for actions brought by
conservator or receiver.--
``(A) In general.--Notwithstanding any provision of any
contract, the applicable statute of limitations with regard to
any action brought by the Corporation as conservator or
receiver shall be--
``(i) in the case of any contract claim, the longer
of--
``(I) the 6-year period beginning on the date the
claim accrues; or
``(II) the period applicable under State law; and
``(ii) in the case of any tort claim, the longer of--
``(I) the 3-year period beginning on the date the
claim accrues; or
``(II) the period applicable under State law.
``(B) Determination of the date on which a claim accrues.--
For purposes of subparagraph (A), the date on which the statute
of limitations begins to run on any claim described in such
subparagraph shall be the later of--
``(i) the date of the appointment of the Corporation as
conservator or receiver; or
``(ii) the date on which the cause of action accrues.
``(C) Revival of expired state causes of action.--
``(i) In general.--In the case of any tort claim
described in clause (ii) for which the statute of
limitation applicable under State law with respect to such
claim has expired not more than 5 years before the
appointment of the Corporation as conservator or receiver,
the Corporation may bring an action as conservator or
receiver on such claim without regard to the expiration of
the statute of limitation applicable under State law.
``(ii) Claims described.--A tort claim referred to in
clause (i) is a claim arising from fraud, intentional
misconduct resulting in unjust enrichment, or intentional
misconduct resulting in substantial loss to the System
institution.
``(15) Accounting and recordkeeping requirements.--
``(A) In general.--The Corporation as conservator or
receiver shall, consistent with the accounting and reporting
practices and procedures established by the Corporation,
maintain a full accounting of each conservatorship and
receivership or other disposition of System institutions in
default.
``(B) Annual accounting or report.--With respect to each
conservatorship or receivership to which the Corporation was
appointed, the Corporation shall make an annual accounting or
report, as appropriate, available to the Farm Credit
Administration Board.
``(C) Availability of reports.--Any report prepared
pursuant to subparagraph (B) shall be made available by the
Corporation upon request to any stockholder of the System
institution for which the Corporation was appointed conservator
or receiver or any other member of the public.
``(D) Recordkeeping requirement.--
``(i) In general.--Except as provided in clause (ii),
after the end of the 6-year period beginning on the date
the Corporation is appointed as receiver of a System
institution, the Corporation may destroy any records of
such System institution which the Corporation, in the
Corporation's discretion, determines to be unnecessary
unless directed not to do so by a court of competent
jurisdiction or governmental agency, or prohibited by law.
``(ii) Old records.--Notwithstanding clause (i), the
Corporation may destroy records of a System institution
which are at least 10 years old as of the date on which the
Corporation is appointed as the receiver of such System
institution in accordance with clause (i) at any time after
such appointment is final, without regard to the 6-year
period of limitation contained in clause (i).
``(16) Fraudulent transfers.--
``(A) In general.--The Corporation, as conservator or
receiver for any System institution, may avoid a transfer of
any interest of a System institution-affiliated party, or any
person who the Corporation determines is a debtor of the System
institution, in property, or any obligation incurred by such
party or person, that was made within 5 years of the date on
which the Corporation was appointed conservator or receiver if
such party or person voluntarily or involuntarily made such
transfer or incurred such liability with the intent to hinder,
delay, or defraud the System institution, the Farm Credit
Administration, or the Corporation.
``(B) Right of recovery.--To the extent a transfer is
avoided under subparagraph (A), the Corporation may recover,
for the benefit of the System institution, the property
transferred, or, if a court so orders, the value of such
property (at the time of such transfer) from--
``(i) the initial transferee of such transfer or the
System institution-affiliated party or person for whose
benefit such transfer was made; or
``(ii) any immediate or mediate transferee of any such
initial transferee.
``(C) Rights of transferee or obligee.--The Corporation may
not recover under subparagraph (B) from--
``(i) any transferee that takes for value, including
satisfaction or securing of a present or antecedent debt,
in good faith; or
``(ii) any immediate or mediate good faith transferee
of such transferee.
``(D) Rights under this paragraph.--The rights under this
paragraph of the Corporation shall be superior to any rights of
a trustee or any other party (other than any party which is a
Federal agency) under title 11, United States Code.
``(17) Attachment of assets and other injunctive relief.--
Subject to paragraph (18), any court of competent jurisdiction may,
at the request of the Corporation (in the Corporation's capacity as
conservator or receiver for any System institution or in the
Corporation's corporate capacity with respect to any asset acquired
or liability assumed by the Corporation under section 5.61), issue
an order in accordance with Rule 65 of the Federal Rules of Civil
Procedure, including an order placing the assets of any person
designated by the Corporation under the control of the court and
appointing a trustee to hold such assets.
``(18) Standards.--
``(A) Showing.--Rule 65 of the Federal Rules of Civil
Procedure shall apply with respect to any proceeding under
paragraph (17) without regard to the requirement of such rule
that the applicant show that the injury, loss, or damage is
irreparable and immediate.
``(B) State proceeding.--If, in the case of any proceeding
in a State court, the court determines that rules of civil
procedure available under the laws of such State provide
substantially similar protections to such party's right to due
process as Rule 65 (as modified with respect to such proceeding
by subparagraph (A)), the relief sought by the Corporation
pursuant to paragraph (17) may be requested under the laws of
such State.
``(19) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any other
provision of this subsection, any final and unappealable judgment
for monetary damages entered against a receiver or conservator for
a System institution for the breach of an agreement executed or
approved by such receiver or conservator after the date of its
appointment shall be paid as an administrative expense of the
receiver or conservator. Nothing in this paragraph shall be
construed to limit the power of a receiver or conservator to
exercise any rights under contract or law, including terminating,
breaching, canceling, or otherwise discontinuing such agreement.
``(c) Provisions Relating to Contracts Entered Into Before
Appointment of Conservator or Receiver.--
``(1) Authority to repudiate contracts.--In addition to any
other rights a conservator or receiver may have, the conservator or
receiver for a System institution may disaffirm or repudiate any
contract or lease--
``(A) to which such System institution is a party;
``(B) the performance of which the conservator or receiver,
in the conservator's or receiver's discretion, determines to be
burdensome; and
``(C) the disaffirmance or repudiation of which the
conservator or receiver determines, in the conservator's or
receiver's discretion, will promote the orderly administration
of the System institution's affairs.
``(2) Timing of repudiation.--The Corporation as conservator or
receiver for any System institution shall determine whether or not
to exercise the rights of repudiation under this subsection within
a reasonable period following such appointment.
``(3) Claims for damages for repudiation.--
``(A) In general.--Except as otherwise provided in
subparagraph (C) and paragraphs (4), (5), and (6), the
liability of the conservator or receiver for the disaffirmance
or repudiation of any contract pursuant to paragraph (1) shall
be--
``(i) limited to actual direct compensatory damages;
and
``(ii) determined as of--
``(I) the date of the appointment of the
conservator or receiver; or
``(II) in the case of any contract or agreement
referred to in paragraph (8), the date of the
disaffirmance or repudiation of such contract or
agreement.
``(B) No liability for other damages.--For purposes of
subparagraph (A), the term `actual direct compensatory damages'
does not include--
``(i) punitive or exemplary damages;
``(ii) damages for lost profits or opportunity; or
``(iii) damages for pain and suffering.
``(C) Measure of damages for repudiation of financial
contracts.--In the case of any qualified financial contract or
agreement to which paragraph (8) applies, compensatory damages
shall be--
``(i) deemed to include normal and reasonable costs of
cover or other reasonable measures of damages utilized in
the industries for such contract and agreement claims; and
``(ii) paid in accordance with this subsection and
subsection (j), except as otherwise specifically provided
in this section.
``(4) Leases under which the system institution is the
lessee.--
``(A) In general.--If the conservator or receiver
disaffirms or repudiates a lease under which the System
institution was the lessee, the conservator or receiver shall
not be liable for any damages (other than damages determined
pursuant to subparagraph (B)) for the disaffirmance or
repudiation of such lease.
``(B) Payments of rent.--Notwithstanding subparagraph (A),
the lessor under a lease to which such subparagraph applies
shall--
``(i) be entitled to the contractual rent accruing
before the later of the date--
``(I) the notice of disaffirmance or repudiation is
mailed; or
``(II) the disaffirmance or repudiation becomes
effective, unless the lessor is in default or breach of
the terms of the lease; and
``(ii) have no claim for damages under any acceleration
clause or other penalty provision in the lease; and
``(iii) have a claim for any unpaid rent, subject to
all appropriate offsets and defenses, due as of the date of
the appointment, which shall be paid in accordance with
this subsection and subsection (j).
``(5) Leases under which the system institution is the
lessor.--
``(A) In general.--If the conservator or receiver
repudiates an unexpired written lease of real property of the
System institution under which the System institution is the
lessor and the lessee is not, as of the date of such
repudiation, in default, the lessee under such lease may
either--
``(i) treat the lease as terminated by such
repudiation; or
``(ii) remain in possession of the leasehold interest
for the balance of the term of the lease, unless the lessee
defaults under the terms of the lease after the date of
such repudiation.
``(B) Provisions applicable to lessee remaining in
possession.--If any lessee under a lease described in
subparagraph (A) remains in possession of a leasehold interest
pursuant to clause (ii) of such subparagraph--
``(i) the lessee--
``(I) shall continue to pay the contractual rent
pursuant to the terms of the lease after the date of
the repudiation of such lease; and
``(II) may offset against any rent payment which
accrues after the date of the repudiation of the lease,
any damages which accrue after such date due to the
nonperformance of any obligation of the System
institution under the lease after such date; and
``(ii) the conservator or receiver shall not be liable
to the lessee for any damages arising after such date as a
result of the repudiation, other than the amount of any
offset allowed under clause (i)(II).
``(6) Contracts for the sale of real property.--
``(A) In general.--If the conservator or receiver
repudiates any contract that meets the requirements of
paragraphs (1) through (4) of section 5.61(d) for the sale of
real property, and the purchaser of such real property under
such contract is in possession and is not, as of the date of
such repudiation, in default, such purchaser may either--
``(i) treat the contract as terminated by such
repudiation; or
``(ii) remain in possession of such real property.
``(B) Provisions applicable to purchaser remaining in
possession.--If any purchaser of real property under any
contract described in subparagraph (A) remains in possession of
such property pursuant to clause (ii) of such subparagraph--
``(i) the purchaser--
``(I) shall continue to make all payments due under
the contract after the date of the repudiation of the
contract; and
``(II) may offset against any such payments any
damages which accrue after such date due to the
nonperformance (after such date) of any obligation of
the System institution under the contract; and
``(ii) the conservator or receiver shall--
``(I) not be liable to the purchaser for any
damages arising after that date as a result of the
repudiation, other than the amount of any offset
allowed under clause (i)(II);
``(II) deliver title to the purchaser in accordance
with the contract; and
``(III) have no obligation under the contract,
other than the performance required under subclause
(II).
``(C) Assignment and sale allowed.--
``(i) In general.--No provision of this paragraph shall
be construed as limiting the right of the conservator or
receiver to assign the contract described in subparagraph
(A) and sell the property subject to the contract and this
paragraph.
``(ii) No liability after assignment and sale.--If an
assignment and sale described in clause (i) is consummated,
the Corporation, acting as conservator or receiver, shall
have no further liability under the applicable contract
described in subparagraph (A) or with respect to the real
property which was the subject of such contract.
``(7) Provisions applicable to service contracts.--
``(A) Services performed before appointment.--In the case
of any contract for services between any person and any System
institution for which the Corporation has been appointed
conservator or receiver, any claim of such person for services
performed before the appointment of the conservator or the
receiver shall be--
``(i) a claim to be paid in accordance with subsections
(b) and (d); and
``(ii) deemed to have arisen as of the date the
conservator or receiver was appointed.
``(B) Services performed after appointment and prior to
repudiation.--If, in the case of any contract for services
described in subparagraph (A), the conservator or receiver
accepts performance by the other person before the conservator
or receiver makes any determination to exercise the right of
repudiation of such contract under this section--
``(i) the other party shall be paid under the terms of
the contract for the services performed; and
``(ii) the amount of such payment shall be treated as
an administrative expense of the conservatorship or
receivership.
``(C) Acceptance of performance no bar to subsequent
repudiation.--The acceptance by any conservator or receiver of
services referred to in subparagraph (B) in connection with a
contract described in such subparagraph shall not affect the
right of the conservator or receiver, to repudiate such
contract under this section at any time after such performance.
``(8) Certain qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Commodity contract.--The term `commodity
contract' means--
``(I) with respect to a futures commission
merchant, a contract for the purchase or sale of a
commodity for future delivery on, or subject to the
rules of, a contract market or board of trade;
``(II) with respect to a foreign futures commission
merchant, a foreign future;
``(III) with respect to a leverage transaction
merchant, a leverage transaction;
``(IV) with respect to a clearing organization, a
contract for the purchase or sale of a commodity for
future delivery on, or subject to the rules of, a
contract market or board of trade that is cleared by
such clearing organization, or commodity option traded
on, or subject to the rules of, a contract market or
board of trade that is cleared by such clearing
organization;
``(V) with respect to a commodity options dealer, a
commodity option;
``(VI) any other agreement or transaction that is
similar to any agreement or transaction referred to in
this clause;
``(VII) any combination of the agreements or
transactions referred to in this clause;
``(VIII) any option to enter into any agreement or
transaction referred to in this clause;
``(IX) a master agreement that provides for an
agreement or transaction referred to in any of
subclauses (I) through (VIII), together with all
supplements to any such master agreement, without
regard to whether the master agreement provides for an
agreement or transaction that is not a commodity
contract under this clause, except that the master
agreement shall be considered to be a commodity
contract under this clause only with respect to each
agreement or transaction under the master agreement
that is referred to in subclause (I), (II), (III),
(IV), (V), (VI), (VII), or (VIII); or
``(X) any security agreement or arrangement or
other credit enhancement related to any agreement or
transaction referred to in this clause, including any
guarantee or reimbursement obligation in connection
with any agreement or transaction referred to in this
clause.
``(ii) Forward contract.--The term `forward contract'
means--
``(I) a contract (other than a commodity contract)
for the purchase, sale, or transfer of a commodity or
any similar good, article, service, right, or interest
which is presently or in the future becomes the subject
of dealing in the forward contract trade, or product or
byproduct thereof, with a maturity date more than 2
days after the date the contract is entered into,
including a repurchase or reverse repurchase
transaction (whether or not such repurchase or reverse
repurchase transaction is a repurchase agreement),
consignment, lease, swap, hedge transaction, deposit,
loan, option, allocated transaction, unallocated
transaction, or any other similar agreement;
``(II) any combination of agreements or
transactions referred to in subclauses (I) and (III);
``(III) any option to enter into any agreement or
transaction referred to in subclause (I) or (II);
``(IV) a master agreement that provides for an
agreement or transaction referred to in subclauses (I)
through (III), together with all supplements to any
such master agreement, without regard to whether the
master agreement provides for an agreement or
transaction that is not a forward contract under this
clause, except that the master agreement shall be
considered to be a forward contract under this clause
only with respect to each agreement or transaction
under the master agreement that is referred to in
subclause (I), (II), or (III); or
``(V) any security agreement or arrangement or
other credit enhancement related to any agreement or
transaction referred to in subclause (I), (II), (III),
or (IV), including any guarantee or reimbursement
obligation in connection with any agreement or
transaction referred to in any such subclause.
``(iii) Person.--The term `person'--
``(I) has the meaning given the term in section 1
of title 1, United States Code; and
``(II) includes any governmental entity.
``(iv) Qualified financial contract.--The term
`qualified financial contract' means any securities
contract, commodity contract, forward contract, repurchase
agreement, swap agreement, and any similar agreement that
the Corporation determines by regulation, resolution, or
order to be a qualified financial contract for purposes of
this paragraph.
``(v) Repurchase agreement.--
``(I) In general.--The term `repurchase agreement'
(including with respect to a reverse repurchase
agreement)--
``(aa) means--
``(AA) an agreement, including related
terms, which provides for the transfer of one
or more certificates of deposit, mortgage-
related securities (as such term is defined in
section 3(a) of the Securities Exchange Act of
1934 (15 U.S.C. 78c(a))), mortgage loans,
interests in mortgage-related securities or
mortgage loans, eligible bankers' acceptances,
qualified foreign government securities or
securities that are direct obligations of, or
that are fully guaranteed by, the United States
or any agency of the United States against the
transfer of funds by the transferee of such
certificates of deposit, eligible bankers'
acceptances, securities, mortgage loans, or
interests with a simultaneous agreement by such
transferee to transfer to the transferor
thereof certificates of deposit, eligible
bankers' acceptances, securities, mortgage
loans, or interests as described above, at a
date certain not later than 1 year after such
transfers or on demand, against the transfer of
funds, or any other similar agreement;
``(BB) any combination of agreements or
transactions referred to in subitems (AA) and
(CC);
``(CC) any option to enter into any
agreement or transaction referred to in subitem
(AA) or (BB);
``(DD) a master agreement that provides for
an agreement or transaction referred to in
subitem (AA), (BB), or (CC), together with all
supplements to any such master agreement,
without regard to whether the master agreement
provides for an agreement or transaction that
is not a repurchase agreement under this item,
except that the master agreement shall be
considered to be a repurchase agreement under
this item only with respect to each agreement
or transaction under the master agreement that
is referred to in subitem (AA), (BB), or (CC);
and
``(EE) any security agreement or
arrangement or other credit enhancement related
to any agreement or transaction referred to in
any of subitems (AA) through (DD), including
any guarantee or reimbursement obligation in
connection with any agreement or transaction
referred to in any such subitem; and
``(bb) does not include any repurchase
obligation under a participation in a commercial
mortgage, loan unless the Corporation determines by
regulation, resolution, or order to include any
such participation within the meaning of such term.
``(II) Related definition.--For purposes of
subclause (I)(aa), the term `qualified foreign
government security' means a security that is a direct
obligation of, or that is fully guaranteed by, the
central government of a member of the Organization for
Economic Cooperation and Development (as determined by
regulation or order adopted by the appropriate Federal
banking authority).
``(vi) Securities contract.--The term `securities
contract'--
``(I) means--
``(aa) a contract for the purchase, sale, or
loan of a security, a certificate of deposit, a
mortgage loan, any interest in a mortgage loan, a
group or index of securities, certificates of
deposit, or mortgage loans or interests therein
(including any interest therein or based on the
value thereof) or any option on any of the
foregoing, including any option to purchase or sell
any such security, certificate of deposit, mortgage
loan, interest, group or index, or option, and
including any repurchase or reverse repurchase
transaction on any such security, certificate of
deposit, mortgage loan, interest, group or index,
or option (whether or not the repurchase or reverse
repurchase transaction is a repurchase agreement);
``(bb) any option entered into on a national
securities exchange relating to foreign currencies;
``(cc) the guarantee (including by novation) by
or to any securities clearing agency of any
settlement of cash, securities, certificates of
deposit, mortgage loans or interests therein, group
or index of securities, certificates of deposit, or
mortgage loans or interests therein (including any
interest therein or based on the value thereof) or
option on any of the foregoing, including any
option to purchase or sell any such security,
certificate of deposit, mortgage loan, interest,
group or index, or option (whether or not the
settlement is in connection with any agreement or
transaction referred to in any of items (aa), (bb),
and (dd) through (kk));
``(dd) any margin loan;
``(ee) any extension of credit for the
clearance or settlement of securities transactions;
``(ff) any loan transaction coupled with a
securities collar transaction, any prepaid
securities forward transaction, or any total return
swap transaction coupled with a securities sale
transaction;
``(gg) any other agreement or transaction that
is similar to any agreement or transaction referred
to in this subclause;
``(hh) any combination of the agreements or
transactions referred to in this subclause;
``(ii) any option to enter into any agreement
or transaction referred to in this subclause;
``(jj) a master agreement that provides for an
agreement or transaction referred to in any of
items (aa) through (ii), together with all
supplements to any such master agreement, without
regard to whether the master agreement provides for
an agreement or transaction that is not a
securities contract under this subclause, except
that the master agreement shall be considered to be
a securities contract under this subclause only
with respect to each agreement or transaction under
the master agreement that is referred to in item
(aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh), or
(ii); and
``(kk) any security agreement or arrangement or
other credit enhancement related to any agreement
or transaction referred to in this subclause,
including any guarantee or reimbursement obligation
in connection with any agreement or transaction
referred to in this subclause; and
``(II) does not include any purchase, sale, or
repurchase obligation under a participation in a
commercial mortgage loan unless the Corporation
determines by regulation, resolution, or order to
include any such agreement within the meaning of such
term.
``(vii) Swap agreement.--The term `swap agreement'
means--
``(I) any agreement, including the terms and
conditions incorporated by reference in any such
agreement, that is--
``(aa) an interest rate swap, option, future,
or forward agreement, including a rate floor, rate
cap, rate collar, cross-currency rate swap, and
basis swap;
``(bb) a spot, same day-tomorrow, tomorrow-
next, forward, or other foreign exchange precious
metals or other commodity agreement;
``(cc) a currency swap, option, future, or
forward agreement;
``(dd) an equity index or equity swap, option,
future, or forward agreement;
``(ee) a debt index or debt swap, option,
future, or forward agreement;
``(ff) a total return, credit spread or credit
swap, option, future, or forward agreement;
``(gg) a commodity index or commodity swap,
option, future, or forward agreement;
``(hh) a weather swap, option, future, or
forward agreement;
``(ii) an emissions swap, option, future, or
forward agreement; or
``(jj) an inflation swap, option, future, or
forward agreement;
``(II) any agreement or transaction that is similar
to any other agreement or transaction referred to in
this clause and that is of a type that has been, is
presently, or in the future becomes, the subject of
recurrent dealings in the swap or other derivatives
markets (including terms and conditions incorporated by
reference in such agreement) and that is a forward,
swap, future, option or spot transaction on one or more
rates, currencies, commodities, equity securities or
other equity instruments, debt securities or other debt
instruments, quantitative measures associated with an
occurrence, extent of an occurrence, or contingency
associated with a financial, commercial, or economic
consequence, or economic or financial indices or
measures of economic or financial risk or value;
``(III) any combination of agreements or
transactions referred to in this clause;
``(IV) any option to enter into any agreement or
transaction referred to in this clause;
``(V) a master agreement that provides for an
agreement or transaction referred to in any of
subclauses (I) through (IV), together with all
supplements to any such master agreement, without
regard to whether the master agreement contains an
agreement or transaction that is not a swap agreement
under this clause, except that the master agreement
shall be considered to be a swap agreement under this
clause only with respect to each agreement or
transaction under the master agreement that is referred
to in subclause (I), (II), (III), or (IV); and
``(VI) any security agreement or arrangement or
other credit enhancement related to any agreements or
transactions referred to in any of subclauses (I)
through (V), including any guarantee or reimbursement
obligation in connection with any agreement or
transaction referred to in any such subclause.
``(viii) Transfer.--The term `transfer' means every
mode, direct or indirect, absolute or conditional,
voluntary or involuntary, of disposing of or parting with
property or with an interest in property, including
retention of title as a security interest and foreclosure
of the equity of redemption of a System institution.
``(ix) Treatment of master agreement as 1 agreement.--
For purposes of this subparagraph--
``(I) any master agreement for any contract or
agreement described in this subparagraph (or any master
agreement for such a master agreement or agreements),
together with all supplements to the master agreement,
shall be treated as a single agreement and a single
qualified financial contact; and
``(II) if a master agreement contains provisions
relating to agreements or transactions that are not
qualified financial contracts, the master agreement
shall be deemed to be a qualified financial contract
only with respect to those transactions that are
themselves qualified financial contracts.
``(B) Rights of parties to contracts.--Subject to
paragraphs (9) and (10), and notwithstanding any other
provision of this Act (other than subsection (b)(9) and section
5.61(d)) or any other Federal or State law, no person shall be
stayed or prohibited from exercising--
``(i) any right such person has to cause the
termination, liquidation, or acceleration of any qualified
financial contract with a System institution which arises
upon the appointment of the Corporation as receiver for
such System institution at any time after such appointment;
``(ii) any right under any security agreement or
arrangement or other credit enhancement related to one or
more qualified financial contracts described in clause (i);
or
``(iii) any right to offset or net out any termination
value, payment amount, or other transfer obligation arising
under, or in connection with, 1 or more contracts and
agreements described in clause (i), including any master
agreement for such contracts or agreements.
``(C) Applicability of other provisions.--Subsection
(b)(12) shall apply in the case of any judicial action or
proceeding brought against any receiver referred to in
subparagraph (A), or the System institution for which such
receiver was appointed, by any party to a contract or agreement
described in subparagraph (B)(i) with such System institution.
``(D) Certain transfers not avoidable.--
``(i) In general.--Notwithstanding paragraph (11) or
any other Federal or State law relating to the avoidance of
preferential or fraudulent transfers, the Corporation,
whether acting as such or as conservator or receiver of a
System institution, may not avoid any transfer of money or
other property in connection with any qualified financial
contract with a System institution.
``(ii) Exception for certain transfers.--Clause (i)
shall not apply to any transfer of money or other property
in connection with any qualified financial contract with a
System institution if the Corporation determines that the
transferee had actual intent to hinder, delay, or defraud
such System institution, the creditors of such System
institution, or any conservator or receiver appointed for
such System institution.
``(E) Certain protections in event of appointment of
conservator.--Notwithstanding any other provision of this Act
(other than subparagraph (G), paragraph (10), subsection
(b)(9), and section 5.61(d)) or any other Federal or State law,
no person shall be stayed or prohibited from exercising--
``(i) any right such person has to cause the
termination, liquidation, or acceleration of any qualified
financial contract with a System institution in a
conservatorship based upon a default under such financial
contract which is enforceable under applicable
noninsolvency law;
``(ii) any right under any security agreement or
arrangement or other credit enhancement related to one or
more qualified financial contracts described in clause (i);
and
``(iii) any right to offset or net out any termination
values, payment amounts, or other transfer obligations
arising under or in connection with such qualified
financial contracts.
``(F) Clarification.--No provision of law shall be
construed as limiting the right or power of the Corporation, or
authorizing any court or agency to limit or delay, in any
manner, the right or power of the Corporation to transfer any
qualified financial contract in accordance with paragraphs (9)
and (10) or to disaffirm or repudiate any such contract in
accordance with paragraph (1).
``(G) Walkaway clauses not effective.--
``(i) Definition of walkaway clause.--In this
subparagraph, the term `walkaway clause' means any
provision in a qualified financial contract that suspends,
conditions, or extinguishes a payment obligation of a
party, in whole or in part, or does not create a payment
obligation of a party that would otherwise exist--
``(I) solely because of--
``(aa) the status of the party as a
nondefaulting party in connection with the
insolvency of a System institution that is a party
to the contract; or
``(bb) the appointment of, or the exercise of
rights or powers by, the Corporation as a
conservator or receiver of the System institution;
and
``(II) not as a result of the exercise by a party
of any right to offset, setoff, or net obligations that
exist under--
``(aa) the contract;
``(bb) any other contract between those
parties; or
``(cc) applicable law.
``(ii) Treatment.--Notwithstanding the provisions of
subparagraphs (B) and (E), no walkaway clause shall be
enforceable in a qualified financial contract of a System
institution in default.
``(iii) Limited suspension of certain obligations.--In
the case of a qualified financial contract referred to in
clause (ii), any payment or delivery obligations otherwise
due from a party pursuant to the qualified financial
contract shall be suspended from the time the receiver is
appointed until the earlier of--
``(I) the time such party receives notice that such
contract has been transferred pursuant to subparagraph
(B); or
``(II) 5:00 p.m. (eastern time) on the business day
following the date of the appointment of the receiver.
``(H) Recordkeeping requirements.--The Corporation, in
consultation with the Farm Credit Administration, may prescribe
regulations requiring more detailed recordkeeping by any System
institution with respect to qualified financial contracts
(including market valuations), only if such System institution
is subject to subclause (I), (III), or (IV) of section
5.61B(a)(1)(A)(ii).
``(9) Transfer of qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Clearing organization.--The term `clearing
organization' has the meaning given the term in section 402
of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (12 U.S.C. 4402).
``(ii) Financial institution.--The term `financial
institution' means a System institution, a broker or
dealer, a depository institution, a futures commission
merchant, or any other institution, as determined by the
Corporation by regulation to be a financial institution.
``(B) Requirement.--In making any transfer of assets or
liabilities of a System institution in default which includes
any qualified financial contract, the conservator or receiver
for such System institution shall either--
``(i) transfer to one financial institution, other than
a financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has been
appointed, or that is otherwise the subject of a bankruptcy
or insolvency proceeding--
``(I) all qualified financial contracts between any
person or any affiliate of such person and the System
institution in default;
``(II) all claims of such person or any affiliate
of such person against such System institution under
any such contract (other than any claim which, under
the terms of any such contract, is subordinated to the
claims of general unsecured creditors of such System
institution);
``(III) all claims of such System institution
against such person or any affiliate of such person
under any such contract; and
``(IV) all property securing or any other credit
enhancement for any contract described in subclause (I)
or any claim described in subclause (II) or (III) under
any such contract; or
``(ii) transfer none of the qualified financial
contracts, claims, property or other credit enhancement
referred to in clause (i) (with respect to such person and
any affiliate of such person).
``(C) Transfer to foreign bank, foreign financial
institution, or branch or agency of a foreign bank or financial
institution.--In transferring any qualified financial contracts
and related claims and property under subparagraph (B)(i), the
conservator or receiver for the System institution shall not
make such transfer to a foreign bank, financial institution
organized under the laws of a foreign country, or a branch or
agency of a foreign bank or financial institution unless, under
the law applicable to such bank, financial institution, branch
or agency, to the qualified financial contracts, and to any
netting contract, any security agreement or arrangement or
other credit enhancement related to one or more qualified
financial contracts, the contractual rights of the parties to
such qualified financial contracts, netting contracts, security
agreements or arrangements, or other credit enhancements are
enforceable substantially to the same extent as permitted under
this section.
``(D) Transfer of contracts subject to the rules of a
clearing organization.--In the event that a conservator or
receiver transfers any qualified financial contract and related
claims, property, and credit enhancements pursuant to
subparagraph (B)(i) and such contract is cleared by or subject
to the rules of a clearing organization, the clearing
organization shall not be required to accept the transferee as
a member by virtue of the transfer.
``(10) Notification of transfer.--
``(A) Definition of business day.--In this paragraph, the
term `business day' means any day other than any Saturday,
Sunday, or any day on which either the New York Stock Exchange
or the Federal Reserve Bank of New York is closed.
``(B) Notification.--If--
``(i) the conservator or receiver for a System
institution in default makes any transfer of the assets and
liabilities of such System institution; and
``(ii) the transfer includes any qualified financial
contract, the conservator or receiver shall notify any
person who is a party to any such contract of such transfer
by 5:00 p.m. (eastern time) on the business day following
the date of the appointment of the receiver in the case of
a receivership, or the business day following such transfer
in the case of a conservatorship.
``(C) Certain rights not enforceable.--
``(i) Receivership.--A person who is a party to a
qualified financial contract with a System institution may
not exercise any right that such person has to terminate,
liquidate, or net such contract under paragraph (8)(B) of
this subsection, solely by reason of or incidental to the
appointment of a receiver for the System institution (or
the insolvency or financial condition of the System
institution for which the receiver has been appointed)--
``(I) until 5:00 p.m. (eastern time) on the
business day following the date of the appointment of
the receiver; or
``(II) after the person has received notice that
the contract has been transferred pursuant to paragraph
(9)(B).
``(ii) Conservatorship.--A person who is a party to a
qualified financial contract with a System institution may
not exercise any right that such person has to terminate,
liquidate, or net such contract under paragraph (8)(E) of
this subsection, solely by reason of or incidental to the
appointment of a conservator for the System institution (or
the insolvency or financial condition of the System
institution for which the conservator has been appointed).
``(iii) Notice.--For purposes of this paragraph, the
Corporation as receiver or conservator of a System
institution shall be deemed to have notified a person who
is a party to a qualified financial contract with such
System institution if the Corporation has taken steps
reasonably calculated to provide notice to such person by
the time specified in subparagraph (B).
``(D) Treatment of bridge system institutions.--The
following System institutions shall not be considered to be a
financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has been
appointed or which is otherwise the subject of a bankruptcy or
insolvency proceeding for purposes of paragraph (9):
``(i) A bridge System bank.
``(ii) A System institution organized by the
Corporation or the Farm Credit Administration, for which a
conservator is appointed either--
``(I) immediately upon the organization of the
System institution; or
``(II) at the time of a purchase and assumption
transaction between the System institution and the
Corporation as receiver for a System institution in
default.
``(11) Disaffirmance or repudiation of qualified financial
contracts.--In exercising the rights of disaffirmance or
repudiation of a conservator or receiver with respect to any
qualified financial contract to which a System institution is a
party, the conservator or receiver for such System institution
shall either--
``(A) disaffirm or repudiate all qualified financial
contracts between--
``(i) any person or any affiliate of such person; and
``(ii) the System institution in default; or
``(B) disaffirm or repudiate none of the qualified
financial contracts referred to in subparagraph (A) (with
respect to such person or any affiliate of such person).
``(12) Certain security interests not avoidable.--No provision
of this subsection shall be construed as permitting the avoidance
of any legally enforceable or perfected security interest in any of
the assets of any System institution except where such an interest
is taken in contemplation of the System institution's insolvency or
with the intent to hinder, delay, or defraud the System institution
or the creditors of such System institution.
``(13) Authority to enforce contracts.--
``(A) In general.--The conservator or receiver may enforce
any contract, other than a director's or officer's liability
insurance contract or a System institution bond, entered into
by the System institution notwithstanding any provision of the
contract providing for termination, default, acceleration, or
exercise of rights upon, or solely by reason of, insolvency or
the appointment of or the exercise of rights or powers by a
conservator or receiver.
``(B) Certain rights not affected.--No provision of this
paragraph may be construed as impairing or affecting any right
of the conservator or receiver to enforce or recover under a
director's or officer's liability insurance contract or
institution bond under other applicable law.
``(C) Consent requirement.--
``(i) In general.--Except as otherwise provided by this
section, no person may exercise any right or power to
terminate, accelerate, or declare a default under any
contract to which the System institution is a party, or to
obtain possession of or exercise control over any property
of the System institution or affect any contractual rights
of the System institution, without the consent of the
conservator or receiver, as appropriate, during the 45-day
period beginning on the date of the appointment of the
conservator, or during the 90-day period beginning on the
date of the appointment of the receiver, as applicable.
``(ii) Certain exceptions.--No provision of this
subparagraph shall apply to a director or officer liability
insurance contract or an institution bond, to the rights of
parties to certain qualified financial contracts pursuant
to paragraph (8), or shall be construed as permitting the
conservator or receiver to fail to comply with otherwise
enforceable provisions of such contract.
``(14) Exception for federal reserve and the united states
treasury.--No provision of this subsection shall apply with respect
to--
``(A) any extension of credit from any Federal Reserve bank
or the United States Treasury to any System institution; or
``(B) any security interest in the assets of the System
institution securing any such extension of credit.
``(15) Savings clause.--The meanings of terms used in this
subsection--
``(A) are applicable for purposes of this subsection only;
and
``(B) shall not be construed or applied so as to challenge
or affect the characterization, definition, or treatment of any
similar terms under any other law, regulation, or rule,
including--
``(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811 note;
Public Law 106-102);
``(ii) the Legal Certainty for Bank Products Act of
2000 (7 U.S.C. 27 et seq.);
``(iii) the securities laws (as that term is defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))); and
``(iv) the Commodity Exchange Act (7 U.S.C. 1 et seq.).
``(d) Valuation of Claims in Default.--
``(1) In general.--Notwithstanding any other provision of
Federal law or the law of any State and regardless of the method
which the Corporation determines to utilize with respect to a
System institution in default or in danger of default, including
transactions authorized under subsection (h) and section 5.61(a),
this subsection shall govern the rights of the creditors of such
System institution.
``(2) Maximum liability.--The maximum liability of the
Corporation, acting as receiver or in any other capacity, to any
person having a claim against the receiver or the System
institution for which such receiver is appointed shall equal the
amount such claimant would have received if the Corporation had
liquidated the assets and liabilities of such System institution
without exercising the Corporation's authority under subsection (h)
or section 5.61(a).
``(3) Additional payments authorized.--
``(A) In general.--The Corporation may, in its discretion
and in the interests of minimizing its losses, use its own
resources to make additional payments or credit additional
amounts to or with respect to or for the account of any
claimant or category of claimants. Notwithstanding any other
provision of Federal or State law, or the constitution of any
State, the Corporation shall not be obligated, as a result of
having made any such payment or credited any such amount to or
with respect to or for the account of any claimant or category
of claimants, to make payments to any other claimant or
category of claimants.
``(B) Manner of payment.--The Corporation may make the
payments or credit the amounts specified in subparagraph (A)
directly to the claimants or may make such payments or credit
such amounts to an open System institution to induce such
System institution to accept liability for such claims.
``(e) Limitation on Court Action.--Except as provided in this
section, no court may take any action, except at the written request of
the Board of Directors, to restrain or affect the exercise of powers or
functions of the Corporation as a conservator or a receiver.
``(f) Liability of Directors and Officers.--
``(1) In general.--A director or officer of a System
institution may be held personally liable for monetary damages in
any civil action--
``(A) brought by, on behalf of, or at the request or
direction of the Corporation;
``(B) prosecuted wholly or partially for the benefit of the
Corporation--
``(i) acting as conservator or receiver of that System
institution;
``(ii) acting based on a suit, claim, or cause of
action purchased from, assigned by, or otherwise conveyed
by that receiver or conservator; or
``(iii) acting based on a suit, claim, or cause of
action purchased from, assigned by, or otherwise conveyed
in whole or in part by a System institution or an affiliate
of a System institution in connection with assistance
provided under section 5.61(a); and
``(C) for, as determined under the applicable State law--
``(i) gross negligence; or
``(ii) any similar conduct, including conduct that
demonstrates a greater disregard of a duty of care than
gross negligence, such as intentional tortious conduct.
``(2) Effect.--Nothing in paragraph (1) impairs or affects any
right of the Corporation under any other applicable law.
``(g) Damages.--In any proceeding related to any claim against a
System institution's director, officer, employee, agent, attorney,
accountant, appraiser, or any other party employed by or providing
services to a System institution, recoverable damages determined to
result from the improvident or otherwise improper use or investment of
any System institution's assets shall include principal losses and
appropriate interest.
``(h) Bridge Farm Credit System Banks.--
``(1) Organization.--
``(A) Purpose.--
``(i) In general.--When 1 or more System banks are in
default, or when the Corporation anticipates that 1 or more
System banks may become in default, the Corporation may, in
its discretion, organize, and the Farm Credit
Administration may, in its discretion, charter, 1 or more
System banks, with the powers and attributes of System
banks, subject to the provisions of this subsection, to be
referred to as `bridge System banks'.
``(ii) Intent of congress.--It is the intent of the
Congress that, in order to prevent unnecessary hardship or
losses to the customers of any System bank in default with
respect to which a bridge System bank is chartered, the
Corporation should--
``(I) continue to honor commitments made by the
System bank in default to creditworthy customers; and
``(II) not interrupt or terminate adequately
secured loans which are transferred under this
subsection and are being repaid by the debtor in
accordance with the terms of the loan instrument.
``(B) Authorities.--Once chartered by the Farm Credit
Administration, the bridge System bank may--
``(i) assume such liabilities of the System bank or
banks in default or in danger of default as the Corporation
may, in its discretion, determine to be appropriate;
``(ii) purchase such assets of the System bank or banks
in default or in danger of default as the Corporation may,
in its discretion, determine to be appropriate; and
``(iii) perform any other temporary function which the
Corporation may, in its discretion, prescribe in accordance
with this Act.
``(C) Articles of association.--The articles of association
and organization certificate of a bridge System bank as
approved by the Corporation shall be executed by 3
representatives designated by the Corporation.
``(D) Interim directors.--A bridge System bank shall have
an interim board of directors consisting of not fewer than 5
nor more than 10 members appointed by the Corporation.
``(2) Chartering.--
``(A) Conditions.--The Farm Credit Administration may
charter a bridge System bank only if the Board of Directors
determines that--
``(i) the amount which is reasonably necessary to
operate such bridge System bank will not exceed the amount
which is reasonably necessary to save the cost of
liquidating 1 or more System banks in default or in danger
of default with respect to which the bridge System bank is
chartered;
``(ii) the continued operation of such System bank or
banks in default or in danger of default with respect to
which the bridge System bank is chartered is essential to
provide adequate farm credit services in the 1 or more
communities where each such System bank in default or in
danger of default is or was providing those farm credit
services; or
``(iii) the continued operation of such System bank or
banks in default or in danger of default with respect to
which the bridge System bank is chartered is in the best
interest of the Farm Credit System or the public.
``(B) Bridge system bank treated as being in default for
certain purposes.--A bridge System bank shall be treated as
being in default at such times and for such purposes as the
Corporation may, in its discretion, determine.
``(C) Management.--A bridge System bank, upon the granting
of its charter, shall be under the management of a board of
directors consisting of not fewer than 5 nor more than 10
members appointed by the Corporation, in consultation with the
Farm Credit Administration.
``(D) Bylaws.--The board of directors of a bridge System
bank shall adopt such bylaws as may be approved by the
Corporation.
``(3) Transfer of assets and liabilities.--
``(A) Transfer upon grant of charter.--Upon the granting of
a charter to a bridge System bank pursuant to this subsection,
the Corporation, as receiver, may transfer any assets and
liabilities of the System bank to the bridge System bank in
accordance with paragraph (1).
``(B) Subsequent transfers.--At any time after a charter is
granted to a bridge System bank, the Corporation, as receiver,
may transfer any assets and liabilities of such System bank in
default as the Corporation may, in its discretion, determine to
be appropriate in accordance with paragraph (1).
``(C) Effective without approval.--The transfer of any
assets or liabilities of a System bank in default or danger of
default transferred to a bridge System bank shall be effective
without any further approval under Federal or State law,
assignment, or consent with respect thereto.
``(4) Powers of bridge system banks.--Each bridge System bank
chartered under this subsection shall, to the extent described in
the charter of the System bank in default with respect to which the
bridge System bank is chartered, have all corporate powers of, and
be subject to the same provisions of law as, any System bank,
except that--
``(A) the Corporation may--
``(i) remove the interim directors and directors of a
bridge System bank;
``(ii) fix the compensation of members of the interim
board of directors and the board of directors and senior
management, as determined by the Corporation in its
discretion, of a bridge System bank; and
``(iii) waive any requirement established under Federal
or State law which would otherwise be applicable with
respect to directors of a bridge System bank, on the
condition that the waiver of any requirement established by
the Farm Credit Administration shall require the
concurrence of the Farm Credit Administration;
``(B) the Corporation may indemnify the representatives for
purposes of paragraph (1)(B) and the interim directors,
directors, officers, employees, and agents of a bridge System
bank on such terms as the Corporation determines to be
appropriate;
``(C) no requirement under any provision of law relating to
the capital of a System institution shall apply with respect to
a bridge System bank;
``(D) the Farm Credit Administration Board may establish a
limitation on the extent to which any person may become
indebted to a bridge System bank without regard to the amount
of the bridge System bank's capital or surplus;
``(E)(i) the board of directors of a bridge System bank
shall elect a chairperson who may also serve in the position of
chief executive officer, except that such person shall not
serve either as chairperson or as chief executive officer
without the prior approval of the Corporation; and
``(ii) the board of directors of a bridge System bank may
appoint a chief executive officer who is not also the
chairperson, except that such person shall not serve as chief
executive officer without the prior approval of the
Corporation;
``(F) the Farm Credit Administration may waive any
requirement for a fidelity bond with respect to a bridge System
bank at the request of the Corporation;
``(G) any judicial action to which a bridge System bank
becomes a party by virtue of its acquisition of any assets or
assumption of any liabilities of a System bank in default shall
be stayed from further proceedings for a period of up to 45
days at the request of the bridge System bank;
``(H) no agreement which tends to diminish or defeat the
right, title or interest of a bridge System bank in any asset
of a System bank in default acquired by it shall be valid
against the bridge System bank unless such agreement--
``(i) is in writing;
``(ii) was executed by such System bank in default and
the person or persons claiming an adverse interest
thereunder, including the obligor, contemporaneously with
the acquisition of the asset by such System bank in
default;
``(iii) was approved by the board of directors of such
System bank in default or its loan committee, which
approval shall be reflected in the minutes of said board or
committee; and
``(iv) has been, continuously from the time of its
execution, an official record of such System bank in
default;
``(I) notwithstanding subsection 5.61(d)(2), any agreement
relating to an extension of credit between a System bank,
Federal Reserve bank, or the United States Treasury and any
System institution which was executed before the extension of
credit by such lender to such System institution shall be
treated as having been executed contemporaneously with such
extension of credit for purposes of subparagraph (H); and
``(J) except with the prior approval of the Corporation and
the concurrence of the Farm Credit Administration, a bridge
System bank may not, in any transaction or series of
transactions, issue capital stock or be a party to any merger,
consolidation, disposition of substantially all of the assets
or liabilities of the bridge System bank, sale or exchange of
capital stock, or similar transaction, or change its charter.
``(5) Capital.--
``(A) No capital required.--The Corporation shall not be
required to--
``(i) issue any capital stock on behalf of a bridge
System bank chartered under this subsection; or
``(ii) purchase any capital stock of a bridge System
bank, except that notwithstanding any other provision of
Federal or State law, the Corporation may purchase and
retain capital stock of a bridge System bank in such
amounts and on such terms as the Corporation, in its
discretion, determines to be appropriate.
``(B) Operating funds in lieu of capital.--Upon the
organization of a bridge System bank, and thereafter, as the
Corporation may, in its discretion, determine to be necessary
or advisable, the Corporation may make available to the bridge
System bank, upon such terms and conditions and in such form
and amounts as the Corporation may in its discretion determine,
funds for the operation of the bridge System bank in lieu of
capital.
``(C) Authority to issue capital stock.--Whenever the Farm
Credit Administration Board determines it is advisable to do
so, the Corporation shall cause capital stock of a bridge
System bank to be issued and offered for sale in such amounts
and on such terms and conditions as the Corporation may, in its
discretion, determine.
``(6) Employee status.--Representatives for purposes of
paragraph (1)(C), interim directors, directors, officers,
employees, or agents of a bridge System bank are not, solely by
virtue of service in any such capacity, officers or employees of
the United States. Any employee of the Corporation, the Farm Credit
Administration, or any Federal instrumentality who serves at the
request of the Corporation as a representative for purposes of
paragraph (1)(C), interim director, director, officer, employee, or
agent of a bridge System bank shall not--
``(A) solely by virtue of service in any such capacity lose
any existing status as an officer or employee of the United
States for purposes of any provision of law; or
``(B) receive any salary or benefits for service in any
such capacity with respect to a bridge System bank in addition
to such salary or benefits as are obtained through employment
with the Corporation or such Federal instrumentality.
``(7) Assistance authorized.--The Corporation may, in its
discretion, provide assistance under section 5.61(a) to facilitate
any merger or consolidation of a bridge System bank in the same
manner and to the same extent as such assistance may be provided to
a qualifying insured System bank (as defined in section
5.61(a)(2)(B)) or to facilitate a bridge System bank's acquisition
of any assets or the assumption of any liabilities of a System bank
in default or in danger of default.
``(8) Duration of bridge system banks.--Subject to paragraphs
(10) and (11), the status of a bridge System bank as such shall
terminate at the end of the 2-year period following the date it was
granted a charter. The Farm Credit Administration Board may, in its
discretion, extend the status of the bridge System bank as such for
3 additional 1-year periods.
``(9) Termination of bridge system banks status.--The status of
any bridge System bank as such shall terminate upon the earliest
of--
``(A) the merger or consolidation of the bridge System bank
with a System institution that is not a bridge System bank, on
the condition that the merger or consolidation shall be subject
to the approval of the Farm Credit Administration;
``(B) at the election of the Corporation and with the
approval of the Farm Credit Administration, the sale of a
majority or all of the capital stock of the bridge System bank
to a System institution or another bridge System bank;
``(C) at the election of the Corporation, and with the
approval of the Farm Credit Administration, either the
assumption of all or substantially all of the liabilities of
the bridge System bank, or the acquisition of all or
substantially all of the assets of the bridge System bank, by a
System institution that is not a bridge System bank or other
entity as permitted under applicable law; and
``(D) the expiration of the period provided in paragraph
(8), or the earlier dissolution of the bridge System bank as
provided in paragraph (11).
``(10) Effect of termination events.--
``(A) Merger or consolidation.--A bridge System bank that
participates in a merger or consolidation as provided in
paragraph (9)(A) shall be for all purposes a System
institution, with all the rights, powers, and privileges
thereof, and such merger or consolidation shall be conducted in
accordance with, and shall have the effect provided in, the
provisions of applicable law.
``(B) Charter conversion.--Following the sale of a majority
or all of the capital stock of the bridge System bank as
provided in paragraph (9)(B), the Farm Credit Administration
Board may amend the charter of the bridge System bank to
reflect the termination of the status of the bridge System bank
as such, whereupon the System bank shall remain a System bank,
with all of the rights, powers, and privileges thereof, subject
to all laws and regulations applicable thereto.
``(C) Assumption of liabilities and sale of assets.--
Following the assumption of all or substantially all of the
liabilities of the bridge System bank, or the sale of all or
substantially all of the assets of the bridge System bank, as
provided in paragraph (9)(C), at the election of the
Corporation, the bridge System bank may retain its status as
such for the period provided in paragraph (8).
``(D) Amendments to charter.--Following the consummation of
a transaction described in subparagraph (A), (B), or (C) of
paragraph (9), the charter of the resulting System institution
shall be amended by the Farm Credit Administration to reflect
the termination of bridge System bank status, if appropriate.
``(11) Dissolution of bridge system bank.--
``(A) In general.--Notwithstanding any other provision of
State or Federal law, if the bridge System bank's status as
such has not previously been terminated by the occurrence of an
event specified in subparagraph (A), (B), or (C) of paragraph
(9)--
``(i) the Corporation, after consultation with the Farm
Credit Administration, may, in its discretion, dissolve a
bridge System bank in accordance with this paragraph at any
time; and
``(ii) the Corporation, after consultation with the
Farm Credit Administration, shall promptly commence
dissolution proceedings in accordance with this paragraph
upon the expiration of the 2-year period following the date
the bridge System bank was chartered, or any extension
thereof, as provided in paragraph (8).
``(B) Procedures.--The Farm Credit Administration Board
shall appoint the Corporation as receiver for a bridge System
bank upon determining to dissolve the bridge System bank. The
Corporation as such receiver shall wind up the affairs of the
bridge System bank in conformity with the provisions of law
relating to the liquidation of closed System banks. With
respect to any such bridge System bank, the Corporation as such
receiver shall have all the rights, powers, and privileges and
shall perform the duties related to the exercise of such
rights, powers, or privileges granted by law to a receiver of
any insured System bank and, notwithstanding any other
provision of law in the exercise of such rights, powers, and
privileges, the Corporation shall not be subject to the
direction or supervision of any State agency or other Federal
agency.
``(12) Multiple bridge system banks.--The Corporation may, in
the Corporation's discretion, organize, and the Farm Credit
Administration may, in its discretion, charter, 2 or more bridge
System banks under this subsection to assume any liabilities and
purchase any assets of a single System institution in default.
``(i) Certain Sales of Assets Prohibited.--
``(1) Persons who engaged in improper conduct with, or caused
losses to, system institutions.--The Corporation shall prescribe
regulations which, at a minimum, shall prohibit the sale of assets
of a failed System institution by the Corporation to--
``(A) any person who--
``(i) has defaulted, or was a member of a partnership
or an officer or director of a corporation that has
defaulted, on 1 or more obligations the aggregate amount of
which exceed $1,000,000, to such failed System institution;
``(ii) has been found to have engaged in fraudulent
activity in connection with any obligation referred to in
clause (i); and
``(iii) proposes to purchase any such asset in whole or
in part through the use of the proceeds of a loan or
advance of credit from the Corporation or from any System
institution for which the Corporation has been appointed as
conservator or receiver;
``(B) any person who participated, as an officer or
director of such failed System institution or of any affiliate
of such System institution, in a material way in transactions
that resulted in a substantial loss to such failed System
institution;
``(C) any person who has been removed from, or prohibited
from participating in the affairs of, such failed System
institution pursuant to any final enforcement action by the
Farm Credit Administration;
``(D) any person who has demonstrated a pattern or practice
of defalcation regarding obligations to such failed System
institution; or
``(E) any person who is in default on any loan or other
extension of credit from such failed System institution which,
if not paid, will cause substantial loss to the System
institution or the Corporation.
``(2) Defaulted debtors.--Except as provided in paragraph (3),
any person who is in default on any loan or other extension of
credit from the System institution, which, if not paid, will cause
substantial loss to the System institution or the Corporation, may
not purchase any asset from the conservator or receiver.
``(3) Settlement of claims.--Paragraph (1) shall not apply to
the sale or transfer by the Corporation of any asset of any System
institution to any person if the sale or transfer of the asset
resolves or settles, or is part of the resolution or settlement,
of--
``(A) 1 or more claims that have been, or could have been,
asserted by the Corporation against the person; or
``(B) obligations owed by the person to any System
institution, or the Corporation.
``(4) Definition of default.--For purposes of this subsection,
the term `default' means a failure to comply with the terms of a
loan or other obligation to such an extent that the property
securing the obligation is foreclosed upon.
``(j) Expedited Procedures for Certain Claims.--
``(1) Time for filing notice of appeal.--The notice of appeal
of any order, whether interlocutory or final, entered in any case
brought by the Corporation against a System institution's director,
officer, employee, agent, attorney, accountant, or appraiser or any
other person employed by or providing services to a System
institution shall be filed not later than 30 days after the date of
entry of the order. The hearing of the appeal shall be held not
later than 120 days after the date of the notice of appeal. The
appeal shall be decided not later than 180 days after the date of
the notice of appeal.
``(2) Scheduling.--A court of the United States shall expedite
the consideration of any case brought by the Corporation against a
System institution's director, officer, employee, agent, attorney,
accountant, or appraiser or any other person employed by or
providing services to a System institution. As far as practicable
the court shall give such case priority on its docket.
``(3) Judicial discretion.--The court may modify the schedule
and limitations stated in paragraphs (1) and (2) in a particular
case, based on a specific finding that the ends of justice that
would be served by making such a modification would outweigh the
best interest of the public in having the case resolved
expeditiously.
``(k) Bond Not Required; Agents; Fee.--The Corporation as
conservator or receiver of a System institution shall not be required
to furnish bond and may appoint an agent or agents to assist in its
duties as such conservator or receiver. All fees, compensation, and
expenses of liquidation and administration shall be fixed by the
Corporation and may be paid by it out of funds coming into its
possession as such conservator or receiver.
``(l) Consultation Regarding Conservatorships and Receiverships.--
To the extent practicable--
``(1) the Farm Credit Administration shall consult with the
Corporation prior to taking a preresolution action concerning a
System institution that may result in a conservatorship or
receivership; and
``(2) the Corporation, acting in the capacity of the
Corporation as a conservator or receiver, shall consult with the
Farm Credit Administration prior to taking any significant action
impacting System institutions or service to System borrowers.
``(m) Applicability.--This section shall become applicable with
respect to the power of the Corporation to act as a conservator or
receiver on the date on which the Farm Credit Administration appoints
the Corporation as a conservator or receiver under section 4.12 or
8.41.''.
SEC. 5413. REPORTING.
(a) Definition of Farm Loan.--In this section, the term ``farm
loan'' means--
(1) a farm ownership loan under subtitle A of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1922 et seq.); and
(2) an operating loan under subtitle B of that Act (7 U.S.C.
1941 et seq.).
(b) Reports.--
(1) Preparation.--For each fiscal year, the Secretary shall
prepare a report that includes--
(A) aggregate data based on a review of each outstanding
farm loan made or guaranteed by the Secretary describing, for
the United States and for each State and county in the United
States--
(i) the age of the recipient producer;
(ii) the duration that the recipient producer has
engaged in agricultural production;
(iii) the size of the farm or ranch of the recipient
producer;
(iv) the race, ethnicity, and gender of the recipient
producer;
(v) the agricultural commodity or commodities, or type
of enterprise, for which the loan was secured;
(vi) the amount of the farm loan made or guaranteed;
(vii) the type of the farm loan made or guaranteed; and
(viii) the default rate of the farm loan made or
guaranteed;
(B) for each State and county in the United States, data
demonstrating the number of outstanding farm loans made or
guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or guaranteed as
measured against target participation rates for beginning and
socially disadvantaged farmers, broken down by State, as
described in sections 346(b)(2) and 355 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1994(b)(2), 2003).
(2) Submission of report.--The report described in paragraph
(1) shall be--
(A) submitted--
(i) to--
(I) the Committee on Agriculture of the House of
Representatives;
(II) the Committee on Appropriations of the House
of Representatives;
(III) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(IV) the Committee on Appropriations of the Senate;
and
(ii) not later than December 30, 2019, and annually
thereafter; and
(B) made publicly available not later than 90 days after
the date described in subparagraph (A)(ii).
(c) Comprehensive Review.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act (and every 5 years thereafter), the Secretary
shall--
(A) prepare a comprehensive review of all reports submitted
under subsection (b)(2);
(B) identify trends within data outlined in subsection
(b)(1), including the extent to which target annual
participation rates for beginning and socially disadvantaged
farmers (as defined by the Secretary) are being met for each
loan type; and
(C) provide specific actions the Department will take to
improve the performance of direct and guaranteed loans with
respect to underserved producers and any recommendations the
Secretary may make for further congressional action.
(2) Submission of comprehensive review.--The comprehensive
review described in paragraph (1) shall be--
(A) submitted to--
(i) the Committee on Agriculture of the House of
Representatives;
(ii) the Committee on Appropriations of the House of
Representatives;
(iii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
(iv) the Committee on Appropriations of the Senate; and
(B) made publicly available not later than 90 days after
the date of submission under subparagraph (A).
(d) Privacy.--In preparing any report or review under this section,
the Secretary shall aggregate or de-identify the data in a manner
sufficient to ensure that the identity of a recipient producer
associated with the data cannot be ascertained.
SEC. 5414. STUDY ON LOAN RISK.
(a) Study.--The Farm Credit Administration shall conduct a study
that--
(1) analyzes and compares the financial risks inherent in loans
made, held, securitized, or purchased by Farm Credit banks,
associations, and the Federal Agricultural Mortgage Corporation and
how such risks are required to be capitalized under statute and
regulations in effect as of the date of the enactment of this Act;
and
(2) assesses the feasibility of increasing the acreage
exception provided in section 8.8(c)(2) of the Farm Credit Act of
1971 to 2,000 acres.
(b) Timeline.--The Farm Credit Administration shall provide the
results of the study required by subsection (a) to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate no later than 180
days after the date of the enactment of this Act.
SEC. 5415. GAO REPORT ON ABILITY OF THE FARM CREDIT SYSTEM TO MEET THE
AGRICULTURAL CREDIT NEEDS OF INDIAN TRIBES AND THEIR MEMBERS.
(a) In General.--The Comptroller General of the United States
shall--
(1) study the agricultural credit needs of farms, ranches, and
related agricultural businesses that are owned or operated by--
(A) Indian tribes on tribal lands; or
(B) enrolled members of Indian tribes on Indian allotments;
and
(2) determine whether the institutions of the Farm Credit
System have sufficient authority and resources to meet the needs.
(b) Definition of Indian Tribe.--In subsection (a), the term
``Indian tribe'' means an Indian tribal entity that is eligible for
funding and services from the Bureau of Indian Affairs by virtue of the
status of the entity as an Indian tribe.
(c) Report to the Congress.--Within 90 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall prepare and submit to the Committees on Agriculture and on
Natural Resources of the House of Representatives a written report that
contains the findings of the study conducted under subsection (a). If
the Comptroller General finds that the institutions of the Farm Credit
System do not have sufficient authority or resources to meet the needs
referred to in subsection (a), the report shall include such
legislative and other recommendations as the Comptroller General
determines would result in a system under which the needs are met in an
equitable and effective manner.
SEC. 5416. GAO REPORT ON CREDIT SERVICE TO SOCIALLY DISADVANTAGED
FARMERS AND RANCHERS.
(a) Definitions.--In this section:
(1) Agricultural credit provider.--The term ``agricultural
credit provider'' means--
(A) a Farm Credit System institution;
(B) a commercial bank;
(C) the Federal Agricultural Mortgage Corporation;
(D) a life insurance company; and
(E) any other individual or entity, as determined by the
Comptroller General of the United States.
(2) 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)).
(b) Study.--The Comptroller General of the United States shall--
(1) conduct a study--
(A) to assess the credit and related services provided by
agricultural credit providers to socially disadvantaged farmers
and ranchers;
(B) to review the overall participation of socially
disadvantaged farmers and ranchers in the services described in
subparagraph (A); and
(C) to identify barriers that limit the availability of
agricultural credit to socially disadvantaged farmers and
ranchers; and
(2) provide recommendations on how agricultural credit
providers may improve outreach to socially disadvantaged farmers
and ranchers relating to the availability of credit and related
services.
(c) Report.--Not later than 120 days after the date of enactment of
this Act, the Comptroller General of the United States shall prepare
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 that contains the findings of the study
conducted under subsection (b)(1) and the recommendations described in
subsection (b)(2).
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Improving Health Outcomes in Rural America
SEC. 6101. COMBATING SUBSTANCE USE DISORDER IN RURAL AMERICA;
PRIORITIZATIONS.
(a) Combating Substance Use Disorder in Rural America.--
(1) Prioritizations.--The Secretary shall make the following
prioritizations and set asides for fiscal years 2019 through 2025:
(A) Distance learning and telemedicine.--
(i) Substance use disorder set-aside.--Subject to
clause (ii), the Secretary shall make available not less
than 20 percent of amounts made available under section
2335A of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 950aaa-2) for financial assistance under
chapter 1 of subtitle D of title XXIII of such Act for
telemedicine projects that provide substance use disorder
treatment services.
(ii) 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
projects providing substance use disorder treatment
services to reach the 20-percent requirement under clause
(i), the Secretary may make available less than 20 percent
of amounts made available under such section 2335A for
those services.
(B) Community facilities direct loans and grants.--
(i) Substance use disorder selection priority.--In
selecting recipients of direct loans or grants for the
development of essential community facilities under section
306(a) of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1926(a)), the Secretary shall give priority to
entities eligible for those direct loans or grants--
(I) to develop facilities to provide substance use
disorder (including opioid substance use disorder)--
(aa) prevention services;
(bb) treatment services;
(cc) recovery services; or
(dd) any combination of those services; and
(II) that employ staff that have appropriate
expertise and training in how to identify and treat
individuals with substance use disorders.
(ii) Use of funds.--An eligible entity described in
clause (i) that receives a direct loan or grant described
in that clause may use the direct loan or grant funds for
the development of telehealth facilities and systems to
provide telehealth services for substance use disorder
treatment.
(C) Rural health and safety education programs; substance
use disorder selection priority.--In making grants under
section 502(i) of the Rural Development Act of 1972 (7 U.S.C.
2662(i)), the Secretary shall give priority to an applicant
that will use the grant for substance use disorder education
and treatment and the prevention of substance use disorder.
(2) Limitation on other reprioritizations.--For fiscal years
2019 through 2025, the Secretary shall not make any national
reprioritizations within the Rural Health and Safety Education
Programs, the Community Facilities direct loan and grant programs,
or the Distance Learning and Telemedicine programs under section
608 of the Rural Development Act of 1972.
(3) Technical amendments.--Title V of the Rural Development Act
of 1972 (7 U.S.C. 2661 et seq.) is amended--
(A) in section 502, in the matter preceding subsection (a),
by inserting ``(referred to in this title as the `Secretary')''
after ``Agriculture''; and
(B) by striking ``Secretary of Agriculture'' each place it
appears (other than in section 502 in the matter preceding
subsection (a)) and inserting ``Secretary''.
(b) Temporary Prioritization of Rural Health Assistance.--Title VI
of the Rural Development Act of 1972 (7 U.S.C. 2204a-2204b) is amended
by adding at the end the following:
``SEC. 608. TEMPORARY PRIORITIZATION OF RURAL HEALTH ASSISTANCE.
``(a) Authority to Temporarily Prioritize Certain Rural Development
Applications.--Notwithstanding any other provision of law, the
Secretary, after consultation with such public health officials as may
be necessary, may announce through a Federal Register notice pursuant
to section 553(b)(3)(B) of title 5, United States Code, a temporary
reprioritization, on a national or multistate basis, for certain rural
development loan and grant applications to assist rural communities in
responding to a significant public health disruption.
``(b) Public Health Disruption.--For the purposes of this section,
the term `public health disruption' means an unanticipated increase in
mortality or morbidity in rural communities, when compared to non-rural
communities, caused by identifiable events, actions, or behavioral
trends, which can be remediated by the programs of the Rural
Development mission area. When measuring a public health disruption,
the Secretary may analyze data on a national or multi-state basis.
``(c) Content of Announcement.--In the announcement, the Secretary
shall--
``(1) describe the nature of the public health disruption,
including the causes, effects, affected populations, and affected
States;
``(2) explain how the programs of the Department of Agriculture
will work in remedying the public health disruption;
``(3) identify the services, treatments, or infrastructure best
suited to address the public health disruption;
``(4) establish--
``(A) the start and end dates of the reprioritization;
``(B) the programs subject to reprioritization and the
modifications to the application process;
``(C) the process for making reprioritizations for
applicable programs;
``(D) the amount of funds set-aside for applicable
programs, except that a set-aside for such a program shall not
be greater than 20 percent of the amounts appropriated for the
program for the fiscal year involved; and
``(E) the region in which the reprioritization is in
effect; and
``(5) instruct program administrators to implement the
reprioritization during the application window or announcement
after the announcement takes effect.
``(d) Limitations on Reprioritizations.--When announcing the
reprioritization, the Secretary shall--
``(1) establish an initial total time period of less than 4
years, except as provided for in subsection (e);
``(2) implement only 1 nationally applicable reprioritization
at a time;
``(3) implement only 1 regionally applicable reprioritization
per State at a time; and
``(4) not use reprioritizations to allocate additional funds to
an affected State.
``(e) Extension.--The Secretary may extend an announcement under
subsection (a) for no more than 6 years in total, except that nothing
shall prevent the Secretary from renewing reprioritizations by making a
new announcement under subsection (a).
``(f) Rescinding the Announcement.--The Secretary may rescind a
reprioritization announcement made under subsection (a) at any time the
Secretary determines that the temporary reprioritizations are no longer
needed or effective.
``(g) Notice.--Not later than 48 hours after making, extending, or
rescinding an announcement under this section, the Secretary shall
submit to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of the
Senate, and transmit to the Secretary of Health and Human Services, a
written notice of the declaration, extension, or rescission.''.
SEC. 6102. DISTANCE LEARNING AND TELEMEDICINE.
(a) Authorization of Appropriations.--Section 2335A of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa-5) is
amended by striking ``$75,000,000 for each of fiscal years 2014 through
2018'' and inserting ``$82,000,000 for each of fiscal years 2019
through 2023''.
(b) Conforming Amendment.--Section 1(b) of Public Law 102-551 (7
U.S.C. 950aaa note) is amended by striking ``2018'' and inserting
``2023''.
SEC. 6103. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by inserting after section 341 the
following:
``SEC. 342. REFINANCING OF CERTAIN RURAL HOSPITAL DEBT.
``Assistance under section 306(a) for a community facility, or
under section 310B, may include the refinancing of a debt obligation of
a rural hospital as an eligible loan or loan guarantee purpose if the
assistance would help preserve access to a health service in a rural
community, meaningfully improve the financial position of the hospital,
and otherwise meet the financial feasibility and adequacy of security
requirements of the Rural Development Agency.''.
Subtitle B--Connecting Rural Americans to High Speed Broadband
SEC. 6201. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN RURAL
AREAS.
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb) is amended--
(1) in subsection (a), by striking ``provide loans and loan
guarantees'' and inserting ``provide grants, provide loans, and
provide loan guarantees'';
(2) in subsection (b)(3)(A)(ii), by inserting ``in the case of
a grant or direct loan,'' before ``a city'';
(3) in subsection (c)--
(A) in the subsection heading, by striking ``Loans and''
and inserting ``Grants, Loans, and'';
(B) in paragraph (1), by striking ``shall make or guarantee
loans'' and inserting ``shall make grants, shall make loans,
and shall guarantee loans'';
(C) by striking paragraph (2) and inserting the following:
``(2) Priority.--
``(A) In general.--In making grants, making loans, and
guaranteeing loans 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 of at least--
``(I) a 10-Mbps downstream transmission capacity;
and
``(II) a 1-Mbps upstream transmission capacity;
``(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) provide equal consideration to all eligible
entities, including those that have not previously received
grants, loans, or loan guarantees under paragraph (1); and
``(iv) with respect to 2 or more applications that are
given the same priority under clause (i), give priority to
an application that requests less grant funding than loan
funding.
``(B) Other.--After giving priority to the applications
described in clauses (i) and (ii) of subparagraph (A), the
Secretary shall then give priority to applications--
``(i) for projects to provide broadband service to
rural communities--
``(I) with a population of less than 10,000
permanent residents;
``(II) that are experiencing outmigration and have
adopted a strategic community investment plan under
section 379H(d) that includes considerations for
improving and expanding broadband service;
``(III) with a high percentage of low income
families or persons (as defined in section 501(b) of
the Housing Act of 1949 (42 U.S.C. 1471(b));
``(IV) that are isolated from other significant
population centers; or
``(V) that 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; and
``(ii) that were developed with the participation of,
and will receive a substantial portion of the funding for
the project from, 2 or more stakeholders, including--
``(I) State, local, and tribal governments;
``(II) nonprofit institutions;
``(III) community anchor institutions, such as--
``(aa) public libraries;
``(bb) elementary schools and secondary schools
(as defined in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801));
``(cc) institutions of higher education; and
``(dd) health care facilities;
``(IV) private entities;
``(V) philanthropic organizations; and
``(VI) cooperatives.
``(3) Grant amounts.--
``(A) Definition of development costs.--In this paragraph,
the term `development costs' means costs of--
``(i) construction, including labor and materials;
``(ii) project applications; and
``(iii) other development activities, as determined by
the Secretary.
``(B) Eligibility.--To be eligible for a grant under this
section, in addition to the requirements of subsection (d), the
project that is the subject of the grant shall--
``(i) be carried out in a proposed service territory in
which not less than 90 percent of the households are
unserved; and
``(ii) not concurrently receive any other broadband
grant administered by the Rural Utilities Service.
``(C) Maximum.--Except as provided in subparagraph (D), the
amount of any grant made under this section shall not exceed--
``(i) 75 percent of the total project cost with respect
to an area with a density of fewer than 7 people per square
mile;
``(ii) 50 percent of the total project cost with
respect to an area with a density of 7 or more and fewer
than 12 people per square mile; and
``(iii) 25 percent of the total project cost with
respect to an area with a density of 12 or more and 20 or
fewer people per square mile.
``(D) Secretarial authority to adjust.--The Secretary may--
``(i) make grants of up to 75 percent of the
development costs of the project for which the grant is
provided to an eligible entity if the Secretary determines
that the project serves--
``(I) an area of rural households described in
paragraph (2)(A)(i); or
``(II) a rural community described in any of
subclauses (I) through (IV) of paragraph (2)(B)(i); and
``(ii) make modifications of the density thresholds
described in subparagraph (C), in order to ensure that
funds provided under this section are best utilized to
provide broadband service in communities that are the most
rural in character.
``(E) Applications.--The Secretary shall establish an
application process for grants under this section that--
``(i) permits a single application for a grant and a
loan under title I, II, or this title that is associated
with such grant; and
``(ii) provides a single decision to award such grant
and such loan.
``(F) Density determinations.--When determining population
density under this section, the Secretary shall prescribe a
calculation method which--
``(i) utilizes publicly available data; and
``(ii) includes only those areas in which the applicant
is able to meet the service requirements under this
section, as determined by the Secretary.
``(4) Fees.--In the case of loan guarantees issued or modified
under this section, the Secretary shall charge and collect from the
lender fees in such amounts as to bring down the costs of subsidies
for guaranteed loans, except that such fees shall not act as a bar
to participation in the programs nor be inconsistent with current
practices in the marketplace.'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``loan or'' and inserting ``grant, loan, or'';
(II) by striking clause (i) and inserting the
following:
``(i) demonstrate the ability to furnish or improve
service in order to meet the broadband buildout
requirements established under subsection (e)(4) in all or
part of an unserved or underserved rural area;''.
(III) in clause (ii), by striking ``a loan
application'' and inserting ``an application''; and
(IV) in clause (iii)--
(aa) by striking ``service'' and inserting
``infrastructure'';
(bb) by striking ``loan'' the first place it
appears;
(cc) by striking ``3'' and inserting ``5''; and
(dd) by striking ``proceeds from the loan made
or guaranteed under this section are'' and
inserting ``assistance under this section is''; and
(ii) in subparagraph (B), by striking ``(k)'' and
inserting ``(j)''; and
(B) in paragraph (2)(A)--
(i) in the matter preceding clause (i)--
(I) by striking ``the proceeds of a loan made or
guaranteed'' and inserting ``assistance''; and
(II) by striking ``for the loan or loan guarantee''
and inserting ``of the eligible entity''; and
(ii) in clause (i)--
(I) by striking ``15 percent'' and inserting ``50
percent (in the case of loans or loan guarantees
provided in accordance with subsection (g)(1)(A))'';
and
(II) by striking ``level of broadband service'' and
inserting ``level of fixed broadband service, whether
terrestrial or wireless,'';
(C) in paragraph (3)(A), by striking ``loan or'' and
inserting ``grant, loan, or'';
(D) in paragraph (4), by striking ``a loan or loan
guarantee'' and inserting ``assistance''; and
(E) by striking paragraphs (5) through (10) and inserting
the following:
``(5) Technical assistance and training.--
``(A) In general.--The Secretary may provide to eligible
entities described in paragraph (1) that are applying for
assistance under this section for a project described in
subsection (c)(2)(A)(i) technical assistance and training--
``(i) to prepare reports and surveys necessary to
request grants, loans, and loan guarantees under this
section for broadband deployment;
``(ii) to improve management, including financial
management, relating to the proposed broadband deployment;
``(iii) to prepare applications for grants, loans, and
loan guarantees under this section; or
``(iv) to assist with other areas of need identified by
the Secretary.
``(B) Funding.--Not less than 3 percent and not more than 5
percent of amounts appropriated to carry out this section for a
fiscal year shall be used for technical assistance and training
under this paragraph.'';
(5) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``4-Mbps'' and
inserting ``25-Mbps''; and
(ii) in subparagraph (B), by striking ``1-Mbps'' and
inserting ``3-Mbps'';
(B) in paragraph (2)--
(i) by--
(I) striking the following:
``(2) Adjustments.--
``(A) In general.--At''; and
(II) inserting the following:
``(2) Adjustments.--At'';
(ii) by inserting ``and broadband buildout requirements
under paragraph (4)'' after ``(1)''; and
(iii) by striking subparagraph (B); and
(C) by adding at the end the following:
``(4) Broadband buildout requirements.--
``(A) In general.--The term `broadband buildout
requirement' means the level of internet service an applicant
receiving assistance under this section must agree, at the time
the application is finalized, to provide for the duration of
any project-related agreement between the applicant and the
Department.
``(B) Broadband buildout requirements further defined.--
Subject to subparagraph (C), the Secretary shall establish
broadband buildout requirements for projects with agreement
lengths of--
``(i) 5 to 10 years;
``(ii) 11 to 15 years;
``(iii) 16 to 20 years; and
``(iv) more than 20 years.
``(C) Requirements.--In establishing the broadband buildout
requirements under subparagraph (B), the Secretary shall--
``(i) utilize the same metrics used to define the
minimum acceptable level of broadband service under
paragraph (1);
``(ii) establish such requirements to reasonably
ensure--
``(I) the repayment of all loans and loan
guarantees; and
``(II) the financed network is technically capable
of providing broadband service for the lifetime of any
project-related agreement.
``(D) Substitute service standards for unique service
territories.--If an applicant shows that it would be cost
prohibitive to meet the broadband buildout requirements
established under this paragraph for the entirety of a proposed
service territory due to the unique characteristics of the
proposed service territory, the Secretary and the applicant may
agree to utilize substitute standards for any unserved portion
of the project. Any substitute service standards should
continue to consider the best technology available to meet the
needs of the residents in the unserved area.'';
(6) in subsection (f), by striking ``make a loan or loan
guarantee'' and inserting ``provide assistance'';
(7) in subsection (g), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(8) by striking subsections (i) and (j) and inserting the
following:
``(i) Payment Assistance for Certain Loan and Grant Recipients.--
``(1) Use of grant funds.--The Secretary may use the funds
appropriated for a grant under this title for the cost (as defined
by section 502 of the Congressional Budget Act of 1974) of
providing assistance under paragraph (2).
``(2) Payment assistance.--When providing a grant under this
title, the Secretary, at the sole discretion of the Secretary, may
make--
``(A) a subsidized loan, which shall bear a reduced
interest rate at such a rate as the Secretary determines
appropriate to meet the objectives of the program; or
``(B) a payment assistance loan, which shall--
``(i) require no interest and principal payments while
the borrower is--
``(I) in material compliance with the loan
agreement; and
``(II) meeting the milestones and objectives of the
project agreed to under paragraph (3); and
``(ii) require such nominal periodic payments as the
Secretary determines to be appropriate.
``(3) Agreement on milestones and objectives.--With respect to
payment assistance provided under paragraph (2), before entering
into the agreement under which the payment assistance will be
provided, the applicant and the Secretary shall agree to milestones
and objectives of the project.
``(4) Amendment of milestones and objectives.--The Secretary
and the applicant may jointly agree to amend the milestones and
objectives agreed to under paragraph (3).
``(5) Considerations.--When deciding to utilize the payment
assistance authority under paragraph (2) the Secretary shall
consider whether or not the payment assistance will--
``(A) improve the compliance of the grantee with any
commitments made through the grant agreement;
``(B) promote the completion of the broadband project;
``(C) protect taxpayer resources; and
``(D) support the integrity of the broadband programs
administered by the Secretary.
``(6) Limitations on payment assistance.--The Secretary may not
make a payment assistance loan under paragraph (2)(B) to an entity
receiving a grant under this section that is also the recipient of
a loan under title I or II that is associated with such grant.'';
(9) in subsection (k)(1)--
(A) by striking ``$25,000,000'' and inserting
``$350,000,000''; and
(B) by striking ``2008 through 2018'' and inserting ``2019
through 2023'';
(10) in subsection (l)--
(A) by striking ``loan or'' and inserting ``grant, or loan,
or''; and
(B) by striking ``2018'' and inserting ``2023''; and
(11) by redesignating subsections (k) and (l) as subsections
(j) and (k), respectively.
SEC. 6202. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO RURAL AREAS.
Section 602 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-1) is amended to read as follows:
``SEC. 602. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO RURAL
AREAS.
``(a) Purpose.--The purpose of this section is to encourage the
expansion and extension of middle mile broadband infrastructure to
connect underserved rural areas to the backbone of the Internet.
``(b) Middle Mile Infrastructure.--For the purposes of this
section, the term `middle mile infrastructure' means any broadband
infrastructure that does not connect directly to end-user locations
(including anchor institutions) and may include interoffice transport,
backhaul, Internet connectivity, data centers, or special access
transport to rural areas.
``(c) Grants, Loans, and Loan Guarantees.--The Secretary shall make
grants, loans, and loan guarantees to eligible applicants described in
subsection (d) to provide funds for the construction, improvement, or
acquisition of middle mile infrastructure to serve rural areas.
``(d) Eligibility.--
``(1) Eligible applicants.--
``(A) In general.--To be eligible to obtain assistance
under this section, an eligible entity shall--
``(i) submit to the Secretary an application at such
time, in such manner, and containing such information as
the Secretary may require;
``(ii) agree to complete build-out of the middle mile
infrastructure described in the application by not later
than 5 years after the initial date on which proceeds from
the assistance provided under this section are made
available; and
``(iii) submit to the Secretary a plan to ensure the
viability of the project by--
``(I) connecting, assisting with connecting, or
enabling the connection of retail broadband systems
that serve rural areas within the proposed service
territory to the middle mile infrastructure project in
an affordable and economically competitive manner;
``(II) leasing or selling sufficient capacity prior
to project approval; and
``(III) complying with any other requirements
imposed by the Secretary.
``(B) Additional end user broadband programs.--Entities
that receive assistance to construct, improve, or acquire
middle mile infrastructure under this section shall be eligible
to apply for additional funds under this title to provide for
retail broadband service to end users.
``(2) Eligible service territories.--The proceeds of assistance
provided under this section may be used to carry out a project in a
proposed service territory only if, as of the date the application
for assistance under this section is submitted, there is not
adequate middle mile infrastructure available to support broadband
service for eligible rural communities that would be provided
access to the middle mile infrastructure.
``(3) Eligible projects.--A project shall be eligible for
assistance under this section if at the time of the application--
``(A) at least 75 percent of the interconnection points
serve such eligible rural areas; and
``(B) the Secretary determines that the proposed middle
mile network will be capable of supporting retail broadband
service meeting the maximum broadband buildout requirement
established under section 601(e)(4) for the residents within
the proposed service territory.
``(e) Limitation on Grants.--In making grants under this section,
the Secretary shall--
``(1) not provide any grant in excess of 20 percent of the
total project cost; and
``(2) provide grants only to those projects which serve rural
areas where population density or geographic characteristics make
it infeasible to construct middle mile broadband systems without
grant assistance.
``(f) Terms, Conditions, and Adequacy of Security.--All loans and
loan guarantees provided under this section shall be made subject to
such terms, conditions, and adequacy of security requirements as may be
imposed by the Secretary. If the middle mile infrastructure would not
provide adequate security due to long-term leasing arrangements, the
Secretary shall require substitute security in such form and substance
as are acceptable to the Secretary.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2018 through 2023.''.
SEC. 6203. MODIFICATIONS TO THE RURAL GIGABIT PROGRAM.
Section 603 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-2) is amended--
(1) in the section heading, by striking ``rural gigabit network
pilot'' and inserting ``innovative broadband advancement'';
(2) in subsection (d), by striking ``2014 through 2018'' and
inserting ``2019 through 2023'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by striking subsections (a) through (c) and inserting the
following:
``(a) In General.--The Secretary shall establish a program to be
known as the `Innovative Broadband Advancement Program', under which
the Secretary may provide a grant, a loan, or both to an eligible
entity for the purpose of demonstrating innovative broadband
technologies or methods of broadband deployment that significantly
decrease the cost of broadband deployment, and provide substantially
faster broadband speeds than are available, in a rural area.
``(b) Rural Area.--In this section, the term `rural area' has the
meaning provided in section 601(b)(3).
``(c) Eligibility.--To be eligible to obtain assistance under this
section for a project, an entity shall--
``(1) submit to the Secretary an application--
``(A) that describes a project designed to decrease the
cost of broadband deployment, and substantially increase
broadband speed to not less than the maximum broadband buildout
requirements established under section 601(e)(4), in a rural
area to be served by the project; and
``(B) at such time, in such manner, and containing such
other information as the Secretary may require;
``(2) demonstrate that the entity is able to carry out the
project; and
``(3) agree to complete the project build-out within 5 years
after the date the assistance is first provided for the project.
``(d) Prioritization.--In awarding assistance under this section,
the Secretary shall give priority to proposals for projects that--
``(1) involve partnerships between or among multiple entities;
``(2) would provide broadband service to the greatest number of
rural entities at or above the broadband requirements referred to
in subsection (c)(1)(A); and
``(3) the Secretary determines could be replicated in rural
areas described in paragraph (2).''.
SEC. 6204. COMMUNITY CONNECT GRANT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 604. COMMUNITY CONNECT GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible broadband service.--The term `eligible broadband
service' means broadband service that has the capability to
transmit data at a speed specified by the Secretary, which may not
be less than the applicable minimum download and upload speeds
established by the Federal Communications Commission in defining
the term `advanced telecommunications capability' for purposes of
section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302).
``(2) Eligible service area.--The term `eligible service area'
means an area in which broadband service capacity is less than--
``(A) a 10-Mbps downstream transmission capacity; and
``(B) a 1-Mbps upstream transmission capacity.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means a
legally organized entity that--
``(i) is--
``(I) an incorporated organization;
``(II) an Indian Tribe or Tribal organization;
``(III) a State;
``(IV) a unit of local government; or
``(V) any other legal entity, including a
cooperative, a private corporation, or a limited
liability company, that is organized on a for-profit or
a not-for-profit basis; and
``(ii) has the legal capacity and authority to enter
into a contract, to comply with applicable Federal laws,
and to own and operate broadband facilities, as proposed in
the application submitted by the entity for a grant under
the Program.
``(B) Exclusions.--The term `eligible entity' does not
include--
``(i) an individual; or
``(ii) a partnership.
``(4) Rural area.--The term `rural area' has the meaning given
the term in section 601(b)(3)(A).
``(b) Establishment.--The Secretary shall establish a program, to
be known as the `Community Connect Grant Program', to provide grants to
eligible entities to finance broadband transmission in rural areas.
``(c) Eligible Projects.--An eligible entity that receives a grant
under the Program shall use the grant to carry out a project that--
``(1) provides eligible broadband service to, within the
proposed eligible service area described in the application
submitted by the eligible entity--
``(A) each essential community facility as defined pursuant
to section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)); and
``(B) any required facilities necessary to offer that
eligible broadband service to each residential and business
customer within such proposed eligible service area; and
``(2) for not less than 2 years--
``(A) furnishes free 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 eligible broadband service; and
``(C) covers the cost of bandwidth to provide free eligible
broadband service to each essential community facility that
requests broadband services within the proposed eligible
service area described in the application submitted by the
eligible entity.
``(d) Uses of Grant Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program may use the grant for--
``(A) the construction, acquisition, or leasing of
facilities (including spectrum), land, or buildings to deploy
eligible broadband service; and
``(B) the improvement, expansion, construction, or
acquisition of a community center within the proposed eligible
service area described in the application submitted by the
eligible entity.
``(2) Ineligible uses.--An eligible entity that receives a
grant under the Program shall not use the grant for--
``(A) the duplication of any existing eligible broadband
service provided by another entity in the eligible service
area; or
``(B) operating expenses, except as provided in--
``(i) subsection (c)(2)(C) with respect to free
eligible broadband service; and
``(ii) paragraph (1)(A) with respect to spectrum.
``(3) Free access for community centers.--Of the amounts
provided to an eligible entity under a grant under the Program, the
eligible entity shall use to carry out paragraph (1)(B) not greater
than the lesser of--
``(A) 10 percent; and
``(B) $150,000.
``(e) Matching Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program shall provide a cash contribution in an amount
that is not less than 15 percent of the amount of the grant.
``(2) Requirements.--A cash contribution described in paragraph
(1)--
``(A) shall be used solely for the project for which the
eligible entity receives a grant under the Program; and
``(B) shall not include any Federal funds, unless a Federal
statute specifically provides that those Federal funds may be
considered to be from a non-Federal source.
``(f) Applications.--
``(1) In general.--To be eligible to receive a grant under the
Program, an eligible entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Requirement.--An application submitted by an eligible
entity under paragraph (1) shall include documentation sufficient
to demonstrate the availability of funds to satisfy the requirement
of subsection (e).
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 6205. OUTDATED BROADBAND SYSTEMS.
(a) In General.--Title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb et seq.) is further amended by adding at the end the
following:
``SEC. 605. OUTDATED BROADBAND SYSTEMS.
``(a) In General.--Except as provided in subsection (b), the
Secretary shall consider any portion of a service territory that is
subject to an outstanding grant agreement between the Secretary and a
broadband provider to be unserved for the purposes of all broadband
assistance programs under this Act, if the broadband service in that
portion of a service territory is less than 10 Mbps downstream
transmission capacity or less than 1 Mbps upstream transmission
capacity.
``(b) Exception.--The Secretary shall not consider a portion of a
service territory described in subsection (a) to be unserved if the
broadband service provider has constructed or begun to construct
broadband facilities that meet the minimum acceptable level of service
established under section 601(e), in that portion of the service
territory.''.
(b) Effective Date.--The amendment made by this section shall not
take effect until October 1, 2020.
SEC. 6206. DEFAULT AND DEOBLIGATION; DEFERRAL.
Title VI of such Act (7 U.S.C. 950bb et seq.) is further amended by
adding at the end the following:
``SEC. 606. DEFAULT AND DEOBLIGATION; DEFERRAL.
``(a) Default and Deobligation.--In addition to other authority
under applicable law, the Secretary shall establish written procedures
for all broadband programs so that, to the maximum extent practicable,
the programs are administered to--
``(1) recover funds from loan and grant defaults;
``(2) deobligate any awards, less allowable costs that
demonstrate an insufficient level of performance (including metrics
determined by the Secretary) or fraudulent spending, to the extent
funds with respect to the award are available in the account
relating to the program established by this title;
``(3) award those funds, on a competitive basis, to new or
existing applicants consistent with this title; and
``(4) minimize overlap among the programs.
``(b) Deferral Period.--In determining the terms and conditions of
assistance provided under this title, the Secretary may establish a
deferral period of not shorter than the buildout period established for
the project involved in order to support the financial feasibility and
long-term sustainability of the project.''.
SEC. 6207. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIREMENTS.
The Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) is
amended by adding at the end the following new title:
``TITLE VII--GENERAL AND ADMINISTRATIVE PROVISIONS
``SEC. 701. PUBLIC NOTICE, ASSESSMENTS, AND REPORTING REQUIREMENTS.
``(a) Notice Requirements.--The Secretary shall promptly make
available to the public, a fully searchable database on the website of
the Rural Utilities Service that contains information on all retail
broadband projects provided assistance or for which assistance is
sought that are administered by the Secretary, including, at a
minimum--
``(1) notice of each application for assistance describing the
application, including--
``(A) the identity of the applicant;
``(B) a description of each application, including--
``(i) a map of the proposed service area of the
applicant; and
``(ii) the amount and type of support requested by each
applicant;
``(C) the status of each application; and
``(D) the estimated number and proportion of service points
in the proposed service territory without fixed broadband
service, whether terrestrial or wireless;
``(2) notice of each entity receiving assistance administered
by the Secretary, including--
``(A) the name of the entity;
``(B) the type of assistance being received;
``(C) the purpose for which the entity is receiving the
assistance; and
``(D) each annual report submitted under subsection (c)
(redacted to protect any proprietary information in the
report); and
``(3) such other information as is sufficient to allow the
public to understand assistance provided.
``(b) Service Area Assessment.--
``(1) In general.--The Secretary shall, with respect to a
retail broadband application for assistance, which is outside an
area in which the applicant receives Federal universal service
support--
``(A) after giving notice required by subsection (a)(1),
afford service providers not less than 45 days to voluntarily
submit information required by the Secretary onto the agency's
online mapping tool with respect to areas that are coterminous
with the proposed service area of the application (or any parts
thereof), such that the Secretary may assess whether the
application submitted meets the eligibility requirements under
this title; and
``(B) if no broadband service provider submits information
under paragraph (1), consider the number of providers in the
proposed service area to be established by using any other data
regarding the availability of broadband service that the
Secretary may collect or obtain through reasonable efforts.
``(2) Assessment of unserved communities.--In the case of an
application given the highest priority under section
601(c)(2)(A)(i), the Secretary shall confirm that each unserved
rural community identified in the application is eligible for
funding by--
``(A) 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;
``(B) reviewing any other source that is relevant to
service data validation, as determined by the Secretary; and
``(C) performing site-specific testing to verify the
unavailability of any retail broadband service.
``(3) FOIA exemption.--For purposes of section 552 of title 5,
United States Code, information received by the Secretary pursuant
to paragraph (1)(A) of this subsection shall be exempt from
disclosure pursuant to subsection (b)(2)(B) of such section 552.
``(c) Reporting Broadband Improvements to USDA.--
``(1) In general.--The Secretary shall require any entity
receiving assistance for a project which provides retail broadband
service to submit an annual report for 3 years after completion of
the project, in a format specified by the Secretary, that
describes--
``(A) the use by the entity of the assistance, including
new equipment and capacity enhancements that support high-speed
broadband access for educational institutions, health care
providers, and public safety service providers (including the
estimated number of end users who are currently using or
forecasted to use the new or upgraded infrastructure); and
``(B) the progress towards fulfilling the objectives for
which the assistance was granted, including--
``(i) the number of service points that will receive
new broadband service, existing network service
improvements, and facility upgrades resulting from the
Federal assistance;
``(ii) the speed of broadband service;
``(iii) the average price of the most subscribed tier
of broadband service in a proposed service area;
``(iv) new subscribers generated from the project; and
``(v) any metrics the Secretary determines to be
appropriate.
``(2) Additional reporting.--
``(A) Broadband buildout data.--As a condition of receiving
assistance under section 601, 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--
``(i) the date of completion of any project milestone
established by the Secretary; or
``(ii) the date of completion of the project.
``(B) Reporting for middle mile projects.--The Secretary
shall require any entity receiving assistance under section 602
to submit a semiannual report for 5 years after completion of
the project, in a format specified by the Secretary, that
describes--
``(i) the use by the entity of the assistance to
construct, improve, or acquire middle mile infrastructure;
``(ii) the progress towards meeting the end-user
connection plan submitted under section 602(d)(1)(A)(iii);
and
``(iii) any additional metrics the Secretary determines
to be appropriate.
``(C) Additional reporting.--The Secretary may require any
additional reporting and information by any recipient of any
broadband assistance under this act so as to ensure compliance
with this section.
``(d) Annual Report on Broadband Projects and Service to
Congress.--Each year, the Secretary shall submit to the Congress a
report that describes the extent of participation in the broadband
assistance programs administered by the Secretary for the preceding
fiscal year, including a description of--
``(1) the number of applications received and accepted,
including any special loan terms or conditions for which the
Secretary provided additional assistance to unserved areas;
``(2)(A) the communities proposed to be served in each
application submitted for the fiscal year; and
``(B) the communities served by projects funded by broadband
assistance programs;
``(3) the period of time required to approve each loan
application under broadband programs;
``(4) any outreach activities carried out by the Secretary to
encourage entities in rural areas without broadband service to
submit applications under this Act;
``(5) the method by which the Secretary determines that a
service enables a subscriber to originate and receive high-quality
voice, data, graphics, and video for purposes of providing
broadband service under this Act;
``(6) each broadband service, including the type and speed of
broadband service, for which assistance was sought, and each
broadband service for which assistance was provided, under this
Act; and
``(7) the overall progress towards fulfilling the goal of
improving the quality of rural life by expanding rural broadband
access, as demonstrated by metrics, including--
``(A) the number of residences and businesses receiving new
broadband services;
``(B) network improvements, including facility upgrades and
equipment purchases;
``(C) average broadband speeds and prices on a local and
statewide basis;
``(D) any changes in broadband adoption rates; and
``(E) any specific activities that increased high speed
broadband access for educational institutions, health care
providers, and public safety service providers.
``(e) Limitations on Reservation of Funds.--Not less than 3 but not
more than 5 percent of program level amounts available pursuant to
amounts appropriated to carry out title VI shall be set aside to be
used for--
``(1) conducting oversight under such title;
``(2) implementing accountability measures and related
activities authorized under such title; and
``(3) carrying out this section.''.
SEC. 6208. ENVIRONMENTAL REVIEWS.
Title VII of the Rural Electrification Act of 1936, as added by
section 6207 of this Act, is amended by adding at the end the
following:
``SEC. 702. 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. 6209. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR DEPLOYMENT OF
BROADBAND SERVICE.
Title VII of the Rural Electrification Act of 1936, as added by
section 6207 and amended by section 6208 of this Act, is amended by
adding at the end the following:
``SEC. 703. USE OF LOAN PROCEEDS TO REFINANCE LOANS FOR DEPLOYMENT
OF BROADBAND SERVICE.
``Notwithstanding any other provision of this Act, the proceeds of
any loan made or guaranteed by the Secretary under this Act may be used
by the recipient of the loan for the purpose of refinancing an
outstanding obligation of the recipient on another telecommunications
loan made under this Act, or on any other loan if that loan would have
been for an eligible telecommunications purpose under this Act.''.
SEC. 6210. SMART UTILITY AUTHORITY FOR BROADBAND.
(a) Section 331 of the Consolidated Farm and Rural Development Act
(7 U.S.C. 1981) is amended by adding at the end the following:
``(e)(1) Except as provided in paragraph (2), the Secretary may
allow a recipient of a grant, loan, or loan guarantee provided by the
Office of Rural Development under this title to use not more than 10
percent of the amount so provided--
``(A) for any activity for which assistance may be provided
under section 601 of the Rural Electrification Act of 1936; or
``(B) to construct other broadband infrastructure.
``(2) Paragraph (1) of this subsection shall not apply to a
recipient who is seeking to provide retail broadband service in any
area where retail broadband service is available at the minimum
broadband speeds, as defined under section 601(e) of the Rural
Electrification Act of 1936.
``(3) The Secretary shall not provide funding under paragraph (1)
if the funding would result in competitive harm to any grant, loan, or
loan guarantee provided under the Rural Electrification Act of 1936.''.
(b) Title I of the Rural Electrification Act of 1936 (7 U.S.C. 901-
918a) is amended by inserting after section 7 the following:
``SEC. 8. LIMITATIONS ON USE OF ASSISTANCE.
``(a) Subject to subsections (b) and (c) of this section, the
Secretary may allow a recipient of a grant, loan, or loan guarantee
under this title to set aside not more than 10 percent of the amount so
received to provide retail broadband service.
``(b) A recipient who sets aside funds under subsection (a) of this
section may use the funds only in an area that is not being provided
with the minimum acceptable level of broadband service established
under section 601(e), unless the recipient meets the requirements of
section 601(d).
``(c) Nothing in this section shall be construed to limit the
ability of any borrower to finance or deploy services authorized under
this Act.
``(d) The Secretary shall not provide funding under subsection (a)
if the funding would result in competitive harm to any grant, loan, or
loan guarantee referred to in subsection (a).''.
SEC. 6211. REFINANCING OF TELEPHONE LOANS.
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.''.
SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION.
(a) Consultation Between USDA and NTIA.--The Secretary shall
consult with the Assistant Secretary to assist in the verification of
eligibility of the broadband loan and grant programs of the Department
of Agriculture. In providing assistance under the preceding sentence,
the Assistant Secretary shall make available the broadband assessment
and mapping capabilities of the National Telecommunications and
Information Administration.
(b) Consultation Between USDA and FCC.--
(1) By usda.--The Secretary shall consult with the Commission
before providing broadband assistance for a project to serve an
area with respect to which another entity is receiving Connect
America Fund or Mobility Fund support under the Federal universal
service support mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254).
(2) By fcc.--The Commission shall consult with the Secretary
before offering or providing Connect America Fund or Mobility Fund
support under the Federal universal service support mechanisms
established under section 254 of the Communications Act of 1934 (47
U.S.C. 254) to serve an area with respect to which another entity
has received broadband assistance under a loan or grant program of
the Department of Agriculture.
(c) Report to Congress.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, the Commission, and the
Assistant Secretary shall submit to the Committee on Agriculture and
the Committee on Energy and Commerce of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Commerce, Science, and Transportation of the Senate a
report on how best to coordinate federally supported broadband programs
and activities in order to achieve the following objectives:
(1) Promote high-quality broadband service that meets the long-
term needs of rural residents and businesses, by evaluating the
broadband service needs in rural areas for each decade through
2050.
(2) Support the long-term viability, sustainability, and
utility of federally supported rural broadband infrastructure, by
analyzing the technical capabilities of the technologies currently
available and reasonably expected to be available by 2035 to meet
the broadband service needs of rural residents identified under
paragraph (1), including by analyzing the following:
(A) The real-world performance of such technologies,
including data rates, latency, data usage restrictions, and
other aspects of service quality, as defined by the Commission.
(B) The suitability of each such technology for
residential, agricultural, educational, healthcare, commercial,
and industrial purposes in rural areas.
(C) The cost to deploy and support such technologies in
several rural geographies.
(D) The costs associated with online platforms,
specifically the resulting constraints on rural network
bandwidth.
(3) Identify and quantify the availability of broadband service
and ongoing broadband deployment in rural areas, including ways to
do the following:
(A) Harmonize broadband notification and reporting
requirements and develop common verification procedures across
all federally supported broadband programs.
(B) Consolidate and utilize the existing broadband service
data.
(C) Collect and share data on those projects in rural areas
where Federal programs are currently supporting broadband
deployment, including areas with respect to which an entity is
receiving--
(i) support under a broadband assistance program of the
Department of Agriculture; or
(ii) Connect America Fund or Mobility Fund support
under the Federal universal service support mechanisms
established under section 254 of the Communications Act of
1934 (47 U.S.C. 254).
(D) Leverage support technologies and services from online
platforms for providers of broadband service in rural areas.
(d) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Rural area.--The term ``rural area'' has the meaning given
the term in section 601(b)(3) of the Rural Electrification Act of
1936.
SEC. 6213. TRANSITION RULE.
For the period beginning on the date of the enactment of this Act
and ending on the date that is one year after such date of enactment,
with respect to the implementation of the rural broadband access
program under section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) and the Community Connect Grant Program under section 604
of such Act, as added by section 6204 of this Act, the Secretary shall
use the regulations in existence as of the day before the date of
enactment of this Act that are applicable to the program involved,
until the Secretary issues a final rule implementing the provisions of,
and amendments made by, this title that apply to that program.
SEC. 6214. RURAL BROADBAND INTEGRATION WORKING GROUP.
(a) In General.--
(1) Establishment.--There is established the Rural Broadband
Integration Working Group (referred to in this subsection as the
``Working Group'').
(2) Membership.--The membership of the Working Group shall be
composed of the heads, or their designees, of--
(A) the Department of Agriculture, acting through the
Administrator of the Rural Utilities Service;
(B) the Department of Commerce, acting through the
Assistant Secretary for Communications and Information;
(C) the Department of Defense;
(D) the Department of State;
(E) the Department of the Interior;
(F) the Department of Labor;
(G) the Department of Health and Human Services;
(H) the Department of Homeland Security;
(I) the Department of Housing and Urban Development;
(J) the Department of Justice;
(K) the Department of Transportation;
(L) the Department of the Treasury;
(M) the Department of Energy;
(N) the Department of Education;
(O) the Department of Veterans Affairs;
(P) the Environmental Protection Agency;
(Q) the General Services Administration;
(R) the Small Business Administration;
(S) the Institute of Museum and Library Services;
(T) the National Science Foundation;
(U) the Council on Environmental Quality;
(V) the Office of Science and Technology Policy;
(W) the Office of Management and Budget;
(X) the Council of Economic Advisers;
(Y) the Domestic Policy Council;
(Z) the National Economic Council; and
(AA) such other Federal agencies or entities as are
determined appropriate by the co-chairs.
(3) Co-chairs.--The following individuals, or their designees,
shall serve as co-chairs of the Working Group:
(A) The Administrator of the Rural Utilities Service.
(B) The Assistant Secretary for Communications and
Information.
(C) The Director of the National Economic Council.
(D) The Director of the Office of Science and Technology
Policy.
(4) Consultation; coordination.--The Working Group shall
consult, as appropriate, with other relevant agencies, including
the Federal Communications Commission. The Working Group shall
coordinate with existing Federal working groups and committees
involved with broadband.
(5) Membership changes.--The Director of the National Economic
Council and the Director of the Office of Science and Technology
Policy shall review, on a periodic basis, the membership of the
Working Group to ensure that the Working Group--
(A) includes necessary Federal Government entities; and
(B) is an effective mechanism for coordinating among
agencies on the policy described in subsection (b).
(b) Functions of Working Group.--
(1) Consultation.--The Working Group shall consult with State,
local, Tribal, and territorial governments, telecommunications
companies, utilities, trade associations, philanthropic entities,
policy experts, and other interested parties to identify, assess,
and determine possible actions relating to barriers and
opportunities for broadband deployment in rural areas.
(2) Point of contact.--Not later than 15 days after the date of
enactment of this Act, each member of the Working Group shall--
(A) designate a representative to serve as the main point
of contact for matters relating to the Working Group; and
(B) notify the co-chairs of the Working Group of that
designee.
(3) Survey.--Not later than 60 days after the date of enactment
of this Act, based on information provided by the members of the
Working Group, the Working Group shall publish a comprehensive
survey of--
(A) Federal programs, including the allocated funding
amounts, that currently support or could reasonably be modified
to support broadband deployment and adoption; and
(B) all Federal agency-specific policies and rules with the
direct or indirect effect of facilitating or regulating
investment in, or deployment of, wired and wireless broadband
networks.
(4) List of actions.--Not later than 120 days after the date of
enactment of this Act, the members of the Working Group shall
submit to the Working Group an initial list of actions that each of
the agencies could take to identify and address regulatory barriers
to, incentivize investment in, promote best practices within, align
funding decisions with respect to, and otherwise support, wired
broadband deployment and adoption.
(5) Report.--Not later than 150 days after the date of
enactment of this Act, the Working Group shall submit to the
President an agreed-to and prioritized list of recommendations of
the Working Group on actions that Federal agencies can take to
support broadband deployment and adoption, including--
(A) a list of priority actions and rulemakings; and
(B) timelines to complete the priority actions and
rulemakings.
Subtitle C--Miscellaneous
SEC. 6301. EXCLUSION OF CERTAIN POPULATIONS FROM DEFINITION OF RURAL
AREA.
(a) In General.--Section 343(a)(13) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1991(a)(13)) is amended--
(1) in subparagraph (A), by striking ``(G)'' and inserting
``(I)''; and
(2) by adding at the end the following:
``(H) Exclusion of incarcerated populations.--Populations
of individuals incarcerated on a long-term or regional basis
shall not be included in determining whether an area is `rural'
or a `rural area'.
``(I) Limited exclusion of military base populations.--The
first 1,500 individuals who reside in housing located on a
military base shall not be included in determining whether an
area is `rural' or a `rural area'.''.
(b) Broadband.--Section 601(b)(3) of the Rural Electrification Act
of 1936 (7 U.S.C. 950bb(b)(3)) is amended by adding at the end the
following:
``(C) Exclusion of certain populations.--Such term does not
include any population described in subparagraph (H) or (I) of
section 343(a)(13) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)).''.
(c) Distance Learning and Telemedicine Loans and Grants.--Section
2332 of the Food Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 950aaa-1) is amended by adding at the end the following:
``(4) Rural area.--The term `rural area' has the meaning given
the term in section 601(b)(3) of the Rural Electrification Act of
1936.''.
SEC. 6302. 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, in coordination with the
Office of Tribal Relations established under section 309 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6921),
provide technical assistance 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.--Technical assistance provided under
subsection (b) shall address the unique challenge of Tribal
governments, Tribal producers, Tribal businesses, Tribal business
entities, and tribally designated housing entities in accessing
Department of Agriculture-supported rural infrastructure, rural
cooperative development, rural business and industry, rural housing,
and other rural development activities.
SEC. 6303. RURAL ENERGY SAVINGS PROGRAM.
Section 6407 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107a) is amended--
(1) in subsection (b)(2), by striking ``efficiency.'' and
inserting ``efficiency (including cost-effective on- or off-grid
renewable energy or energy storage systems).'';
(2) in subsection (c)--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Eligibility for other loans.--The Secretary shall not
include any debt incurred by a borrower under this section in the
calculation of the debt-equity ratio of the borrower for purposes
of eligibility for loans under the Rural Electrification Act of
1936 (7 U.S.C. 901 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``(6)'' and inserting ``(7)''; and
(D) by adding at the end the following:
``(9) Accounting.--The Secretary shall take appropriate steps
to streamline the accounting requirements on borrowers under this
section while maintaining adequate assurances of the repayment of
the loans.'';
(3) in subsection (d)(1)--
(A) in subparagraph (A), by striking ``3 percent'' and
inserting ``5 percent''; and
(B) in subparagraph (D), by striking ``electric'' and
inserting ``recurring service'';
(4) by redesignating subsection (h) as subsection (i);
(5) by inserting after subsection (g) the following:
``(h) Publication.--Not later than 120 days after the end of each
fiscal year, the Secretary shall publish a description of--
``(1) the number of applications received under this section
for that fiscal year;
``(2) the number of loans made to eligible entities under this
section for that fiscal year; and
``(3) the recipients of the loans described in paragraph
(2).''; and
(6) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION REAUTHORIZATION.
(a) Administrative Expenses of Regional Commissions.--Section
15304(c)(3)(A) of title 40, United States Code, is amended by striking
``unanimous'' and inserting ``majority''.
(b) Economic and Infrastructure Development Grants.--Section 15501
of title 40, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the end;
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) to grow the capacity for successful community economic
development in its region; and'';
(2) in subsection (b), by striking ``paragraphs (1) through
(3)'' and inserting ``paragraph (1), (2), (3), or (7)''; and
(3) in subsection (f), by striking the period at the end and
inserting ``, except that financial assistance may be used as
otherwise authorized by this subtitle to attract businesses to the
region from outside the United States.''.
(c) State Capacity Building Grant Program.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the Northern
Border Regional Commission established by section 15301(a)(3)
of title 40, United States Code.
(B) Commission state.--The term ``Commission State'' means
each of the States of Maine, New Hampshire, New York, and
Vermont.
(C) Eligible county.--The term ``eligible county'' means a
county described in section 15733 of title 40, United States
Code.
(D) Program.--The term ``program'' means the State capacity
building grant program established under paragraph (2).
(2) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Commission shall establish a State
capacity building grant program to provide grants to Commission
States to carry out the purpose under paragraph (3).
(3) Purpose.--The purpose of the program is to support the
efforts of the Commission--
(A) to better support business retention and expansion in
eligible counties;
(B) to create programs to encourage job creation and
workforce development in eligible counties;
(C) to prepare economic and infrastructure plans for
eligible counties;
(D) to expand access to high-speed broadband in eligible
counties;
(E) to provide technical assistance that results in
Commission investments in transportation, water, wastewater,
and other critical infrastructure;
(F) to create initiatives to increase the effectiveness of
local development districts in eligible counties; and
(G) to implement new or innovative economic development
practices that will better position the eligible counties of
Commission States to compete in the global economy.
(4) Use of funds.--
(A) In general.--Funds from a grant under the program may
be used to support a project, program, or related expense of
the Commission State in an eligible county.
(B) Limitation.--Funds from a grant under the program shall
not be used for--
(i) the purchase of furniture, fixtures, or equipment;
(ii) the compensation of--
(I) any State member of the Commission (as
described in section 15301(b)(1)(B) of title 40, United
States Code); or
(II) any State alternate member of the Commission
(as described in section 15301(b)(2)(B) of title 40,
United States Code); or
(iii) the cost of supplanting existing State programs.
(5) Annual work plan.--
(A) In general.--For each fiscal year, before providing a
grant under the program, each Commission State shall provide to
the Commission an annual work plan that includes the proposed
use of the grant.
(B) Approval.--No grant under the program shall be provided
to a Commission State unless the Commission has approved the
annual work plan of the State.
(6) Amount of grant.--
(A) In general.--The amount of a grant provided to a
Commission State under the program for a fiscal year shall be
based on the proportion that--
(i) the amount paid by the Commission State (including
any amounts paid on behalf of the Commission State by a
nonprofit organization) for administrative expenses for the
applicable fiscal year (as determined under section
15304(c) of title 40, United States Code); bears to
(ii) the amount paid by all Commission States
(including any amounts paid on behalf of a Commission State
by a nonprofit organization) for administrative expenses
for that fiscal year (as determined under that section).
(B) Requirement.--To be eligible to receive a grant under
the program for a fiscal year, a Commission State (or a
nonprofit organization on behalf of the Commission State) shall
pay the amount of administrative expenses of the Commission
State for the applicable fiscal year (as determined under
section 15304(c) of title 40, United States Code).
(C) Approval.--For each fiscal year, a grant provided under
the program shall be approved and made available as part of the
approval of the annual budget of the Commission.
(7) Grant availability.--Funds from a grant under the program
shall be available only during the fiscal year for which the grant
is provided.
(8) Report.--Each fiscal year, each Commission State shall
submit to the Commission and make publicly available a report that
describes the use of the grant funds and the impact of the program
in the State.
(9) Funding.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $5,000,000 for each of fiscal years
2019 through 2023.
(B) Supplement, not supplant.--Funds made available to
carry out this subsection shall supplement and not supplant
funds made available for the Commission and other activities of
the Commission.
(d) Northern Border Regional Commission.--Section 15733 of title
40, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``Belknap,'' before ``Carroll,''; and
(B) by inserting ``Cheshire,'' before ``Coos,'';
(2) by striking paragraph (3) and inserting the following new
paragraph:
``(3) New york.--The counties of Cayuga, Clinton, Essex,
Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson,
Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Orleans,
Oswego, Rensselaer, Saratoga, Schenectady, Seneca, St. Lawrence,
Sullivan, Washington, Warren, Wayne, and Yates in the State of New
York.''; and
(3) in paragraph (4)--
(A) by inserting ``Addison, Bennington,'' before
``Caledonia,'';
(B) by inserting ``Chittenden,'' before ``Essex,'';
(C) by striking ``and'' and inserting ``Orange,'' and
(D) by inserting ``, Rutland, Washington, Windham, and
Windsor'' after ``Orleans''.
(e) Authorization of Appropriations.--Section 15751(a) of title 40,
United States Code, is amended by striking ``$30,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$33,000,000 for each
of fiscal years 2019 through 2023''.
(f) Vacancies.--Section 15301 of title 40, United States Code, is
amended by adding at the end the following:
``(f) Succession.--Subject to the time limitations under section
3346 of title 5, the Federal Cochairperson may designate a Federal
employee of the Commission to perform the functions and duties of the
office of the Federal Cochairperson temporarily in an acting capacity
if both the Federal Cochairperson and the alternate Federal
Cochairperson die, resign, or otherwise are unable to perform the
functions and duties of their offices.''.
(g) Technical Amendments.--Chapters 1, 2, 3, and 4 of subtitle V of
title 40, United States Code, are redesignated as chapters 151, 153,
155, and 157, respectively.
SEC. 6305. DEFINITION OF RURAL AREA FOR PURPOSES OF THE HOUSING ACT OF
1949.
The second sentence of section 520 of the Housing Act of 1949 (42
U.S.C. 1490) is amended--
(1) by striking ``or 2010 decennial census'' and inserting
``2010, or 2020 decennial census'';
(2) by striking ``December 31, 2010,'' and inserting ``December
31, 2020,'' ; and
(3) by striking ``year 2020'' and inserting ``year 2030''.
SEC. 6306. COUNCIL ON RURAL COMMUNITY INNOVATION AND ECONOMIC
DEVELOPMENT.
(a) Purpose.--The purpose of this section is to enhance the efforts
of the Federal Government to address the needs of rural areas in the
United States by--
(1) establishing a council to better coordinate Federal
programs directed to rural communities;
(2) maximizing the impact of Federal investment to promote
economic prosperity and quality of life in rural communities in the
United States; and
(3) using innovation to resolve local and regional challenges
faced by rural communities.
(b) Establishment.--
(1) There is established a Council on Rural Community
Innovation and Economic Development (referred to in this section as
the ``Council'').
(2) The Council shall be the successor to the Interagency Task
Force on Agriculture and Rural Prosperity established by Executive
Order 13790.
(c) Membership.--
(1) In general.--The membership of the Council shall be
composed of the heads of the following executive branch
departments, agencies, and offices:
(A) The Department of Agriculture.
(B) The Department of the Treasury.
(C) The Department of Defense.
(D) The Department of Justice.
(E) The Department of the Interior.
(F) The Department of Commerce.
(G) The Department of Labor.
(H) The Department of Health and Human Services.
(I) The Department of Housing and Urban Development.
(J) The Department of Transportation.
(K) The Department of Energy.
(L) The Department of Education.
(M) The Department of Veterans Affairs.
(N) The Department of Homeland Security.
(O) The Environmental Protection Agency.
(P) The Federal Communications Commission.
(Q) The Office of Management and Budget.
(R) The Office of Science and Technology Policy.
(S) The Office of National Drug Control Policy.
(T) The Council of Economic Advisers.
(U) The Domestic Policy Council.
(V) The National Economic Council.
(W) The Small Business Administration.
(X) The Council on Environmental Quality.
(Y) The White House Office of Public Engagement.
(Z) The White House Office of Cabinet Affairs.
(AA) Such other executive branch departments, agencies, and
offices as the President or the Secretary may, from time to
time, designate.
(2) Chair.--The Secretary shall serve as the Chair of the
Council.
(3) Designees.--A member of the Council may designate, to
perform the Council functions of the member, a senior-level
official who is--
(A) part of the department, agency, or office of the
member; and
(B) a full-time officer or employee of the Federal
Government.
(4) Administration.--The Council shall coordinate policy
development through the rural development mission area.
(d) Funding.--The Secretary shall provide funding and
administrative support for the Council to the extent permitted by law
and within existing appropriations.
(e) Mission and Function of the Council.--The Council shall work
across executive departments, agencies, and offices to coordinate
development of policy recommendations--
(1) to maximize the impact of Federal investment on rural
communities;
(2) to promote economic prosperity and quality of life in rural
communities; and
(3) to use innovation to resolve local and regional challenges
faced by rural communities.
(f) Duties.--The Council shall--
(1) make recommendations to the President, acting through the
Director of the Domestic Policy Council and the Director of the
National Economic Council, on streamlining and leveraging Federal
investments in rural areas, where appropriate, to increase the
impact of Federal dollars and create economic opportunities to
improve the quality of life in rural areas in the United States;
(2) coordinate and increase the effectiveness of Federal
engagement with rural stakeholders, including agricultural
organizations, small businesses, education and training
institutions, health-care providers, telecommunications services
providers, electric service providers, transportation providers,
research and land grant institutions, law enforcement, State,
local, and tribal governments, and nongovernmental organizations
regarding the needs of rural areas in the United States;
(3) coordinate Federal efforts directed toward the growth and
development of rural geographic regions that encompass both
metropolitan and nonmetropolitan areas;
(4) identify and facilitate rural economic opportunities
associated with energy development, outdoor recreation, and other
conservation related activities; and
(5) identify common economic and social challenges faced by
rural communities that could be served through--
(A) better coordination of existing Federal and non-Federal
resources; and
(B) innovative solutions utilizing governmental and
nongovernmental resources.
(g) Executive Departments and Agencies.--
(1) In general.--The heads of executive departments and
agencies shall assist and provide information to the Council,
consistent with applicable law, as may be necessary to carry out
the functions of the Council.
(2) Expenses.--Each executive department or agency shall be
responsible for paying any expenses of the executive department or
agency for participating in the Council.
(h) Council Working Groups.--
(1) In general.--The Council may establish, in addition to the
working groups established under paragraph (3), such other working
groups as necessary.
(2) Membership.--The Secretary shall include as members of each
working group such Council members, other heads of Federal agencies
(or their designees as defined in (d)(3)), and non-Federal partners
as determined appropriate to the subject matter.
(3) Required working groups.--The working groups specified in
this paragraph are each of the following:
(A) The rural smart communities working group.--
(i) Establishment.--The Council shall establish a Rural
Smart Communities Working Group.
(ii) Duties.--The Rural Smart Communities Working Group
shall--
(I) not later than 1 year after the establishment
of such Working Group, submit to Congress a report
describing efforts of rural areas to integrate smart
technology into their communities to solve challenges
relating to governance, economic development, quality
of life, or other relevant rural issues, as determined
by the Secretary; and
(II) create, publish, and maintain a resource guide
designed to assist States and other rural communities
in developing and implementing rural smart community
programs.
(iii) Smart community defined.--For the purposes of
this subparagraph, the term ``smart community'' means a
community that has the ability to integrate multiple
technological solutions, in a secure fashion, to manage a
community's assets, including local government information
systems, schools, libraries, transportation systems,
hospitals, power plants, law enforcement, and other
community services with the goal of promoting quality of
life through the use of technology in ways that improve the
efficiency of services and meet residents' needs.
(B) Jobs accelerator working group.--
(i) Establishment.--The Council shall establish a Jobs
Accelerator Working Group.
(ii) Goals.--The Jobs Accelerator Working Group shall
support rural jobs accelerators (as defined in section
379I(a)(4) of the Consolidated Farm and Rural Development
Act)--
(I) to improve the ability of rural communities to
create high-wage jobs, accelerate the formation of new
businesses with high-growth potential, and strengthen
regional economies, including by helping to build
capacity in the applicable region to achieve those
goals; and
(II) to help rural communities identify and
maximize local assets and connect to regional
opportunities, networks, and industry clusters that
demonstrate high growth potential.
(iii) Duties.--The Jobs Accelerator Working Group
shall--
(I) provide the public with available information
and technical assistance on Federal resources relevant
to a project and region;
(II) establish a Federal support team comprised of
staff from participating agencies in the working group
that shall provide coordinated and dedicated support
services to rural jobs accelerators; and
(III) provide opportunities for rural jobs
accelerators to share best practices and further
collaborate with one another.
Subtitle D--Additional Amendments to the Consolidated Farm and Rural
Development Act
SEC. 6401. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
Section 379H of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008v) is amended to read as follows:
``SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
``(a) In General.--In the case of any program under this title or
administered by the Secretary, acting through the rural development
mission area, as determined by the Secretary (referred to in this
section as a `covered program'), the Secretary shall give priority to
an application for a project that, as determined and approved by the
Secretary--
``(1) meets the applicable eligibility requirements of this
title or the other applicable authorizing law;
``(2) will be carried out in a rural area; and
``(3) supports the implementation of a strategic community
investment plan described in subsection (d) on a multisectoral and
multijurisdictional basis, to include considerations for improving
and expanding broadband services as needed.
``(b) Reserve.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall reserve not more than 15 percent of the funds made available
for a fiscal year for covered programs for projects that support
the implementation of a strategic community investment plan
described in subsection (d) on a multisectoral and
multijurisdictional basis.
``(2) Period.--Any funds reserved under paragraph (1) shall
only be reserved for the 1-year period beginning on the date on
which the funds were first made available, as determined by the
Secretary.
``(c) Approved Applications.--
``(1) In general.--Subject to paragraph (2), any applicant who
submitted an application under a covered program that was approved
before the date of enactment of this section may amend the
application to qualify for the funds reserved under subsection (b).
``(2) Rural utilities.--Any applicant who submitted an
application under paragraph (2), (14), or (24) of section 306(a),
or section 306A or 310B(b), that was approved by the Secretary
before the date of enactment of this section shall be eligible for
the funds reserved under subsection (b)--
``(A) on the same basis as an application submitted under
this section; and
``(B) until September 30, 2019.
``(d) Strategic Community Investment Plans.--
``(1) In general.--The Secretary shall provide assistance to
rural communities in developing strategic community investment
plans.
``(2) Plans.--A strategic community investment plan described
in paragraph (1) shall include--
``(A) a variety of activities designed to facilitate the
vision of a rural community for the future, including
considerations for improving and expanding broadband services
as needed;
``(B) participation by multiple stakeholders, including
local and regional partners;
``(C) leverage of applicable regional resources;
``(D) investment from strategic partners, such as--
``(i) private organizations;
``(ii) cooperatives;
``(iii) other government entities;
``(iv) Indian Tribes; and
``(v) philanthropic organizations;
``(E) clear objectives with the ability to establish
measurable performance metrics;
``(F) action steps for implementation; and
``(G) any other elements necessary to ensure that the plan
results in a comprehensive and strategic approach to rural
economic development, as determined by the Secretary.
``(3) Coordination.--The Secretary shall coordinate with Indian
Tribes and local, State, regional, and Federal partners to develop
strategic community investment plans under this subsection.
``(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2019 through 2023, to remain available until
expended.''.
SEC. 6402. EXPANDING ACCESS TO CREDIT FOR RURAL COMMUNITIES.
(a) Certain Programs Under the Consolidated Farm and Rural
Development Act.--Section 343(a)(13) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)(13)) is amended--
(1) in subparagraph (B)--
(A) in the heading, by striking ``and guaranteed''; and
(B) in the text--
(i) by striking ``and guaranteed''; and
(ii) by striking ``(1), (2), and (24)'' and inserting
``(1) and (2)''; and
(2) in subparagraph (C)--
(A) by striking ``and guaranteed''; and
(B) by striking ``(21), and (24)'' and inserting ``and
(21)''.
(b) Population Caps for Guaranteed Lending.--Section 306(a)(24) of
such Act (7 U.S.C. 1926(a)(24)) is amended by adding at the end the
following:
``(D) Priority.--
``(i) Water or waste facility.--The Secretary shall
prioritize water and waste facility projects under this
paragraph in rural areas with a population of not more than
10,000 people.
``(ii) Community facility.--Of the funds made available
to carry out this paragraph for community facility loan
guarantees for a fiscal year the following amounts shall be
reserved for projects in rural areas with a population of
not more than 20,000 inhabitants:
``(I) 100 percent of the first $200,000,000 so made
available;
``(II) 50 percent of the next $200,000,000 so made
available; and
``(III) 25 percent of all amounts exceeding
$400,000,000 so made available,
except that, to the extent that the Secretary demonstrates
that the funds so reserved are not needed to finance a
community facility project in such a rural area, the
Secretary may use the funds for other community facility
projects in accordance with this paragraph.''.
SEC. 6403. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY GRANTS.
Section 306(a)(2)(B) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(2)(B)) is amended--
(1) in clause (iii), by striking ``$100,000'' each place it
appears and inserting ``$200,000''; and
(2) in clause (vii), by striking ``$30,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$15,000,000 for
each of fiscal years 2019 through 2023''.
SEC. 6404. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE AND TRAINING
PROGRAMS.
Section 306(a)(14) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)(14)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and inserting a
semicolon; and
(C) by adding at the end the following:
``(iv) identify options to enhance the long-term
sustainability of rural water and waste systems, including
operational practices, revenue enhancements, partnerships,
consolidation, regionalization, or contract services; and
``(v) address the contamination of drinking water and
surface water supplies by emerging contaminants, including
per- and polyfluoroalkyl substances.''; and
(2) in subparagraph (C)--
(A) by striking ``1 nor more than 3'' and inserting ``3
percent and not more than 5''; and
(B) by striking ``1 per centum'' and inserting ``3
percent''.
SEC. 6405. 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. 6406. 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. 6407. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANT
PROGRAM.
(a) In General.--Section 306A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926a) is amended--
(1) in subsection (b)(1), by striking ``; and'' and inserting
the following: ``, particularly to projects to address
contamination that--
``(A) poses a threat to human health or the environment;
and
``(B) was caused by circumstances beyond the control of the
applicant for a grant, including circumstances that occurred
over a period of time; and'';
(2) in subsection (d)(1)(D), by inserting ``, other than those
covered above for not to exceed 120 days when a more permanent
solution is not feasible in a shorter time frame. Where drinking
water supplies are inadequate due to an event, as determined by the
Secretary, including drought, severe weather, or contamination, the
Secretary may provide potable water for an additional period of
time not to exceed an additional 120 days in order to protect
public health'' before the period;
(3) in subsection (e)(1)(B), by striking ``according to the
most recent decennial census of the United States'';
(4) in subsection (f)(1), by striking ``$500,000'' and
inserting ``$1,000,000''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``3 nor more than
5'' and inserting ``5 percent and not more than 7''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) Release.--
``(i) In general.--Funds reserved under subparagraph
(A) for a fiscal year shall be reserved only until July 1
of the fiscal year.
``(ii) Exception.--Notwithstanding clause (i), in
response to an eligible community where the drinking water
supplies are inadequate, as determined by the Secretary,
due to an event, including drought, severe weather, or
contamination, the Secretary may use funds described in
subparagraph (A) from July 1 through September 30 each
fiscal year to provide potable water under this section in
order to protect public health.''; and
(B) in paragraph (2), by striking ``$35,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$50,000,000
for each of fiscal years 2019 through 2023''.
(b) Interagency Task Force on Rural Water Quality.--
(1) In general.--Not later than 90 days after the date of
enactment of this section, the Secretary shall coordinate an
interagency task force to examine drinking water and surface water
contamination in rural communities, particularly rural communities
that are in close proximity to active or decommissioned military
installations in the United States.
(2) Membership.--The interagency task force shall consist of--
(A) the Secretary;
(B) the Secretary of the Army, acting through the Chief of
Engineers;
(C) the Secretary of Health and Human Services, acting
through--
(i) the Director of the Agency for Toxic Substances and
Disease Registry; and
(ii) the Director of the Centers for Disease Control
and Prevention;
(D) the Secretary of Housing and Urban Development;
(E) the Secretary of the Interior, acting through--
(i) the Director of the United States Fish and Wildlife
Service; and
(ii) the Director of the United States Geological
Survey;
(F) the Administrator of the Environmental Protection
Agency; and
(G) representatives from rural drinking and wastewater
entities, State and community regulators, and appropriate
scientific experts that reflect a diverse cross-section of the
rural communities described in paragraph (1).
(3) Report.--
(A) In general.--Not later than 360 days after the date of
enactment of this section, the task force shall submit to the
committees described in subparagraph (B) a report that--
(i) examines, and identifies issues relating to, water
contamination in rural communities, particularly rural
communities that are in close proximity to active or
decommissioned military installations in the United States;
(ii) reviews the extent to which Federal, State, and
local government agencies coordinate with one another to
address the issues identified under clause (i);
(iii) recommends how Federal, State, and local
government agencies can work together in the most
effective, efficient, and cost-effective manner
practicable, to address the issues identified under clause
(i); and
(iv) recommends changes to existing statutory
requirements, regulatory requirements, or both, to improve
interagency coordination and responsiveness to address the
issues identified under clause (i).
(B) Committees described.--The committees referred to in
subparagraph (A) are--
(i) the Committee on Agriculture of the House of
Representatives;
(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
(iii) the Committee on Energy and Commerce of the House
of Representatives;
(iv) the Committee on Environment and Public Works of
the Senate;
(v) the Committee on Armed Services of the House of
Representatives; and
(vi) the Committee on Armed Services of the Senate.
SEC. 6408. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN ALASKA.
Section 306D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926d) is amended--
(1) in subsection (a), by striking ``Alaska for'' and inserting
``Alaska, a consortium formed pursuant to section 325 of the
Department of the Interior and Related Agencies Appropriations Act,
1998 (Public Law 105-83; 111 Stat. 1597), and Native villages (as
defined in section 3 of the Alaska Native Claims Settlement Act (43
U.S.C. 1602)) for'';
(2) in subsection (b), by inserting ``for any grant awarded
under subsection (a)'' before the period at the end; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2), by striking ``Alaska'' and inserting
``Alaska, and not more than 2 percent of the amount made
available under paragraph (1) for a fiscal year may be used by
a consortium formed pursuant to section 325 of the Department
of the Interior and Related Agencies Appropriations Act, 1998
(Public Law 105-83; 111 Stat. 1597),''.
SEC. 6409. RURAL DECENTRALIZED WATER SYSTEMS.
Section 306E of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926e) is amended--
(1) by striking the section heading and inserting ``rural
decentralized water systems'';
(2) in subsection (a), by striking ``100'' and inserting
``60'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``and subgrants'' after ``loans''; and
(ii) by inserting ``and individually owned household
decentralized wastewater systems'' after ``well systems'';
(B) by striking paragraph (2) and inserting the following:
``(2) Terms and amounts.--
``(A) Terms of loans.--A loan made with grant funds under
this section--
``(i) shall have an interest rate of 1 percent; and
``(ii) shall have a term not to exceed 20 years.
``(B) Amounts.--A loan or subgrant made with grant funds
under this section shall not exceed $15,000 for each water well
system or decentralized wastewater system described in
paragraph (1).''; and
(C) by adding at the end the following:
``(4) Ground well water contamination.--In the event of ground
well water contamination, the Secretary shall allow a loan or
subgrant to be made with grant funds under this section for the
installation of water treatment where needed beyond the point of
entry, with or without the installation of a new water well
system.'';
(4) in subsection (c), by striking ``productive use of
individually-owned household water well systems'' and inserting
``effective use of individually owned household water well systems,
individually owned household decentralized wastewater systems,'';
and
(5) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 6410. 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. 6411. 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. 6412. RURAL COOPERATIVE DEVELOPMENT GRANTS.
(a) In General.--Section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(e)) is amended--
(1) in paragraph (10), by inserting ``(including research and
analysis based on data from the latest available Economic Census
conducted by the Bureau of the Census)'' after ``conduct
research''; and
(2) in paragraph (13), by striking ``2018'' and inserting
``2023''.
(b) Technical Correction.--Section 310B(e)(11)(B)(i) of such Act (7
U.S.C. 1932(e)(11)(B)(i)) is amended by striking ``(12)'' and inserting
``(13)''.
SEC. 6413. 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. 6414. 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. 6415. 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. 6416. INTEMEDIARY RELENDING PROGRAM.
Section 310H of the Consolidated Farm and Rural Development Act (7
U.S.C. 1936b) is amended--
(1) by redesignating subsection (e) as subsection (i);
(2) by inserting after subsection (d) the following:
``(e) Limitation on Loan Amounts.--The maximum amount of a loan by
an eligible entity described in subsection (b) to individuals and
entities for a project under subsection (c), including the unpaid
balance of any existing loans, shall be the lesser of--
``(1) $400,000; and
``(2) 50 percent of the loan to the eligible entity under
subsection (a).
``(f) Applications.--
``(1) In general.--To be eligible to receive a loan or loan
guarantee under subsection (a), an eligible entity described in
subsection (b) shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require.
``(2) Evaluation.--In evaluating applications submitted under
paragraph (1), the Secretary shall--
``(A)(i) take into consideration the previous performance
of an eligible entity in carrying out projects under subsection
(c); and
``(ii) in the case of satisfactory performance under clause
(i), require the eligible entity to contribute less equity for
subsequent loans without modifying the priority given to
subsequent applications; and
``(B) in assigning priorities to applications, require an
eligible entity to demonstrate that it has a governing or
advisory board made up of business, civic, and community
leaders who are representative of the communities of the
service area, without limitation to the size of the service
area.
``(g) Return of Equity.--The Secretary shall establish a schedule
that is consistent with the amortization schedules of the portfolio of
loans made or guaranteed under subsection (a) for the return of any
equity contribution made under this section by an eligible entity
described in subsection (b), if the eligible entity is--
``(1) current on all principal and interest payments; and
``(2) in compliance with loan covenants.
``(h) Regulations.--The Secretary shall promulgate regulations and
establish procedures reducing the administrative requirements on
eligible entities described in subsection (b), including regulations to
carry out the amendments made to this section by the Agriculture
Improvement Act of 2018.''; and
(3) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6417. ACCESS TO INFORMATION TO VERIFY INCOME FOR PARTICIPANTS IN
CERTAIN RURAL HOUSING PROGRAMS.
Section 331 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981), as amended by section 6210(a) of this Act, is amended by
adding at the end the following:
``(f) Access to Information to Verify Income for Participants in
Certain Rural Housing Programs.--The Secretary and the designees of the
Secretary are hereby granted the same access to information and subject
to the same requirements applicable to the Secretary of Housing and
Urban Development as provided in section 453 of the Social Security Act
(42 U.S.C. 653) and section 6103(l)(7)(D)(ix) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(l)(7)(D)(ix)) to verify income for
individuals participating in sections 502, 504, 521, and 542 of the
Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and 1490r),
notwithstanding section 453(l) of the Social Security Act.''.
SEC. 6418. PROVIDING FOR ADDITIONAL FEES FOR GUARANTEED LOANS UNDER THE
CONSOLIDATED FARM AND RURAL DEVELOPMENT ACT.
Section 333 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1983) is amended--
(1) by striking ``and'' at the end of paragraph (5);
(2) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(3) by adding at the end the following:
``(7) in the case of an insured or guaranteed loan issued or
modified under section 306(a), charge and collect from the lender
fees in such amounts as to bring down the costs of subsidies for
the insured or guaranteed loan, except that the fees shall not act
as a bar to participation in the programs nor be inconsistent with
current practices in the marketplace.''.
SEC. 6419. 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 5306 of this Act, the
following:
``SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS TECHNICAL
ASSISTANCE AND TRAINING.
``(a) In General.--The Secretary may make grants to public bodies,
private nonprofit corporations, economic development authorities,
institutions of higher education, federally recognized Indian Tribes,
and rural cooperatives for the purpose of providing or obtaining
technical assistance and training to support funding applications for
programs carried out by the Secretary, acting through the Administrator
of the Rural Business-Cooperative Service.
``(b) Purposes.--A grant under subsection (a) may be used--
``(1) to assist communities in identifying and planning for
business and economic development needs;
``(2) to identify public and private resources to finance
business and small and emerging business needs;
``(3) to prepare reports and surveys necessary to request
financial assistance for businesses in rural communities; and
``(4) to prepare applications for financial assistance.
``(c) Selection Priority.--In selecting recipients of grants under
this section, the Secretary shall give priority to grants serving
persistent poverty counties and high poverty communities, as determined
by the Secretary.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated to
carry out this section $5,000,000 for each of fiscal years 2019
through 2023, to remain available until expended.
``(2) Availability.--Any amounts authorized to be appropriated
under paragraph (1) for any fiscal year that are not appropriated
for that fiscal year may be appropriated for the immediately
succeeding fiscal year.''.
SEC. 6420. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008m) is amended in each of subsections (g)(1) and (h), by
striking ``2018'' and inserting ``2023'' each place it appears.
SEC. 6421. 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. 6422. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s) is amended--
(1) in subsection (b)(4)(B)(ii)--
(A) in the clause heading, by striking ``Maximum amount''
and inserting ``Amount'';
(B) by inserting ``not less than 20 percent and'' before
``not more than 25 percent''; and
(C) by striking the period at the end and inserting the
following: ``, subject to--
``(I) satisfactory performance by the
microenterprise development organization under this
section, and
``(II) the availability of funding.''; and
(2) by striking subsection (d) and inserting the following:
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 6423. 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. 6424. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development Act (7
U.S.C. 1981 et seq.) is amended by adding at the end the following:
``SEC. 379I. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
rural jobs accelerator partnership established after the date of
enactment of this section that--
``(A) organizes key community and regional stakeholders
into a working group that--
``(i) focuses on the shared goals and needs of the
industry clusters that are objectively identified as
existing, emerging, or declining;
``(ii) represents a region defined by the partnership
in accordance with subparagraph (B);
``(iii) includes 1 or more representatives of--
``(I) an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001));
``(II) a private entity; or
``(III) a government entity; and
``(iv) has, as a lead applicant--
``(I) a District Organization (as defined in
section 300.3 of title 13, Code of Federal Regulations
(or a successor regulation));
``(II) an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304)), or a consortium of Indian
tribes;
``(III) a State or a political subdivision of a
State, including a special purpose unit of a State or
local government engaged in economic development
activities, or a consortium of political subdivisions;
``(IV) an institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) or a consortium of institutions
of higher education; or
``(V) a public or private nonprofit organization;
and
``(B) subject to approval by the Secretary, may--
``(i) serve a region that is--
``(I) a single jurisdiction; or
``(II) if the region is a rural area,
multijurisdictional; and
``(ii) define the region that the partnership
represents, if the region--
``(I) is large enough to contain critical elements
of the industry cluster prioritized by the partnership;
``(II) is small enough to enable close
collaboration among members of the partnership;
``(III) includes a majority of communities that are
located in--
``(aa) a nonmetropolitan area that qualifies as
a low-income community (as defined in section
45D(e) of the Internal Revenue Code of 1986); and
``(bb) an area that has access to or has a plan
to achieve broadband service (within the meaning of
title VI of the Rural Electrification Act of 1936
(7 U.S.C. 950bb et seq.)); and
``(IV)(aa) has a population of 50,000 or fewer
inhabitants; or
``(bb) for a region with a population of more than
50,000 inhabitants, is the subject of a positive
determination by the Secretary with respect to a rural-
in-character petition, including such a petition
submitted concurrently with the application of the
partnership for a grant under this section.
``(2) Industry cluster.--The term `industry cluster' means a
broadly defined network of interconnected firms and supporting
institutions in related industries that accelerate innovation,
business formation, and job creation by taking advantage of assets
and strengths of a region in the business environment.
``(3) High-wage job.--The term `high-wage job' means a job that
provides a wage that is greater than the median wage for the
applicable region, as determined by the Secretary.
``(4) Jobs accelerator.--The term `jobs accelerator' means a
jobs accelerator center or program located in or serving a low-
income rural community that may provide co-working space, in-demand
skills training, entrepreneurship support, and any other services
described in subsection (d)(1)(B).
``(5) Small and disadvantaged business.--The term `small and
disadvantaged business' has the meaning given the term `small
business concern owned and controlled by socially and economically
disadvantaged individuals' in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants, on a
competitive basis, to eligible entities to establish jobs
accelerators, including related programming, that--
``(A) improve the ability of distressed rural communities
to create high-wage jobs, accelerate the formation of new
businesses with high-growth potential, and strengthen regional
economies, including by helping to build capacity in the
applicable region to achieve those goals; and
``(B) help rural communities identify and maximize local
assets and connect to regional opportunities, networks, and
industry clusters that demonstrate high growth potential.
``(2) Cost-sharing.--
``(A) In general.--The Federal share of the cost of any
activity carried out using a grant made under paragraph (1)
shall be not greater than 80 percent.
``(B) In-kind contributions.--The non-Federal share of the
total cost of any activity carried out using a grant made under
paragraph (1) may be in the form of donations or in-kind
contributions of goods or services fairly valued.
``(3) Selection criteria.--In selecting eligible entities to
receive grants under paragraph (1), the Secretary shall consider--
``(A) the commitment of participating core stakeholders in
the jobs accelerator partnership, including a demonstration
that--
``(i) investment organizations, including venture
development organizations, venture capital firms, revolving
loan funders, angel investment groups, community lenders,
community development financial institutions, rural
business investment companies, small business investment
companies (as defined in section 103 of the Small Business
Investment Act of 1958 (15 U.S.C. 662)), philanthropic
organizations, and other institutions focused on expanding
access to capital, are committed partners in the jobs
accelerator partnership and willing to potentially invest
in projects emerging from the jobs accelerator; and
``(ii) institutions of higher education, applied
research institutions, workforce development entities, and
community-based organizations are willing to partner with
the jobs accelerator to provide workers with skills
relevant to the industry cluster needs of the region, with
an emphasis on the use of on-the-job training, registered
apprenticeships, customized training, classroom
occupational training, or incumbent worker training;
``(B) the ability of the eligible entity to provide the
non-Federal share as required under paragraph (2);
``(C) the identification of a targeted industry cluster;
``(D) the ability of the partnership to link rural
communities to markets, networks, industry clusters, and other
regional opportunities and assets;
``(E) other grants or loans of the Secretary and other
Federal agencies that the jobs accelerator would be able to
leverage; and
``(F) prospects for the proposed center and related
programming to have sustainability beyond the full maximum
length of assistance under this subsection, including the
maximum number of renewals.
``(4) Grant term and renewals.--
``(A) Term.--The initial term of a grant under paragraph
(1) shall be 4 years.
``(B) Renewal.--The Secretary may extend the term of a
grant under paragraph (1) for an additional period of not
longer than 2 years if the Secretary is satisfied, using the
evaluation under subsection (e)(2), that the grant recipient
has successfully established a jobs accelerator and related
programming.
``(5) Geographic distribution.--To the maximum extent
practicable, the Secretary shall provide grants under paragraph (1)
for jobs accelerators and related programming in not fewer than 25
States at any time.
``(c) Grant Amount.--A grant awarded under subsection (b) may be in
an amount equal to--
``(1) not less than $500,000; and
``(2) not more than $2,000,000.
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), funds from a grant
awarded under subsection (b) may be used--
``(A) to construct, purchase, or equip a building to serve
as an innovation center;
``(B) to support programs to be carried out at, or in
direct partnership with, the jobs accelerator that support the
objectives of the jobs accelerator, including--
``(i) linking rural communities and entrepreneurs to
markets, networks, industry clusters, and other regional
opportunities to support high-wage job creation, new
business formation, business expansion, and economic
growth;
``(ii) integrating small businesses into a supply
chain;
``(iii) creating or expanding commercialization
activities for new business formation;
``(iv) identifying and building assets in rural
communities that are crucial to supporting regional
economies;
``(v) facilitating the repatriation of high-wage jobs
to the United States;
``(vi) supporting the deployment of innovative
processes, technologies, and products;
``(vii) enhancing the capacity of small businesses in
regional industry clusters, including small and
disadvantaged businesses;
``(viii) increasing United States exports and business
interaction with international buyers and suppliers;
``(ix) developing the skills and expertise of local
workforces, entrepreneurs, and institutional partners to
meet the needs of employers and prepare workers for high-
wage jobs in the identified industry clusters, including
the upskilling of incumbent workers;
``(x) ensuring rural communities have the capacity and
ability to carry out projects relating to housing,
community facilities, infrastructure, or community and
economic development to support regional industry cluster
growth; or
``(xi) any other activities that the Secretary may
determine to be appropriate.
``(2) Requirement.--
``(A) In general.--Subject to subparagraph (B), not more
than 10 percent of a grant awarded under subsection (b) shall
be used for indirect costs associated with administering the
grant.
``(B) Increase.--The Secretary may increase the percentage
described in subparagraph (A) on a case-by-case basis.
``(e) Annual Activity Report and Evaluation.--Not later than 1 year
after receiving a grant under this section, and annually thereafter for
the duration of the grant, an eligible entity shall--
``(1) report to the Secretary on the activities funded with the
grant; and
``(2)(A) evaluate the progress that the eligible entity has
made toward the strategic objectives identified in the application
for the grant; and
``(B) measure that progress using performance measures during
the project period, which may include--
``(i) high-wage jobs created;
``(ii) high-wage jobs retained;
``(iii) private investment leveraged;
``(iv) businesses improved;
``(v) new business formations;
``(vi) new products or services commercialized;
``(vii) improvement of the value of existing products or
services under development;
``(viii) regional collaboration, as measured by such
metrics as--
``(I) the number of organizations actively engaged in
the industry cluster;
``(II) the number of symposia held by the industry
cluster, including organizations that are not located in
the immediate region defined by the partnership; and
``(III) the number of further cooperative agreements;
``(ix) the number of education and training activities
relating to innovation;
``(x) the number of jobs relocated from outside of the
United States to the region;
``(xi) the amount and number of new equity investments in
industry cluster firms;
``(xii) the amount and number of new loans to industry
cluster firms;
``(xiii) the dollar increase in exports resulting from the
project activities;
``(xiv) the percentage of employees for which training was
provided;
``(xv) improvement in sales of participating businesses;
``(xvi) improvement in wages paid at participating
businesses;
``(xvii) improvement in income of participating workers; or
``(xviii) any other measure the Secretary determines to be
appropriate.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 6425. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-12(a)) is
amended by striking ``2008 through 2018'' and inserting ``2019 through
2023''.
(b) Termination of Authority.--Section 382N of such Act (7 U.S.C.
2009aa-13) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6426. RURAL BUSINESS INVESTMENT PROGRAM.
(a) Definitions.--Section 384A of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``venture''; and
(B) by striking ``venture''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Equity capital.--The term `equity capital' means--
``(A) common or preferred stock or a similar instrument,
including subordinated debt with equity features; and
``(B) any other type of equity-like financing that might be
necessary to facilitate the purposes of this Act, excluding
financing such as senior debt or other types of financing that
competes with routine loanmaking of commercial lenders.''.
(b) Purposes.--Section 384B of such Act (7 U.S.C. 2009cc-1) is
amended--
(1) in paragraph (1), by striking ``venture''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``venture''; and
(B) in subparagraph (B), by striking ``venture''.
(c) Selection of Rural Business Investment Companies.--Section
384D(b)(1) of such Act (7 U.S.C. 2009cc-3(b)(1)) is amended by striking
``developmental venture'' and inserting ``developmental''.
(d) Fees.--Section 384G of such Act (7 U.S.C. 2009cc-6) is
amended--
(1) in subsections (a) and (b), by striking ``a fee that does
not exceed $500'' each place it appears and inserting ``such fees
as the Secretary considers appropriate, so long as those fees are
proportionally equal for each rural business investment company,'';
and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``solely to cover the
costs of licensing examinations'' and inserting ``as the
Secretary considers appropriate''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) shall be in such amounts as the Secretary considers
appropriate.''.
(e) Limitation on Rural Business Investment Companies Controlled by
Farm Credit System Institutions.--Section 384J(c) of such Act (7 U.S.C.
2009cc-9(c)) is amended by striking ``25'' and inserting ``50''.
(f) Flexibility on Sources of Investment or Capital.--Section
384J(a) of such Act (7 U.S.C. 2009cc-9(a)) 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 heading and all
that follows through ``Except as'' in the matter preceding
subparagraph (A) (as so redesignated) and inserting the following:
``(a) Investment.--
``(1) In general.--Except as''; and
(3) by adding at the end the following:
``(2) Limitation on requirements.--The Secretary may not
require that an entity described in paragraph (1) provide
investment or capital that is not required of other companies
eligible to apply to operate as a rural business investment company
under section 384D(a).''.
SEC. 6427. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-18) is amended by striking ``2018'' and inserting
``2023''.
Subtitle E--Additional Amendments to the Rural Electrification Act of
1936
SEC. 6501. AMENDMENTS TO SECTION 2 OF THE RURAL ELECTRIFICATION ACT OF
1936.
(a) 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''.
(b) Technical Assistance for Rural Electrification Loans.--Section
2 of such Act (7 U.S.C. 902) is amended by adding at the end the
following:
``(c) Technical Assistance.--Not later than 180 days after the date
of enactment of this subsection, 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 the Rural
Utilities Service on loans to be made under subsection (a) of this
section and section 4(a).''.
SEC. 6502. LOANS FOR TELEPHONE SERVICE.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922)
is amended--
(1) by striking the section designation and all that follows
through ``From such sums'' and inserting the following:
``SEC. 201. LOANS FOR TELEPHONE SERVICE.
``From such sums'';
(2) in the second sentence, by striking ``associations:'' and
all that follows through ``same subscribers.'' and inserting
``associations.''; and
(3) in the sixth sentence, by striking ``, nor shall such loan
be made in any State'' and all that follows through ``writing)'' in
the seventh sentence and inserting the following: ``and''.
SEC. 6503. CUSHION OF CREDIT PAYMENTS PROGRAM.
Section 313(a) of the Rural Electrification Act of 1936 (7 U.S.C.
940c(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(1) In general.--The'' and inserting the
following:
``(1) In general.--
``(A) Development and promotion of program.--The''; and
(B) by adding after and below the end the following:
``(B) Termination.--Effective on the date of enactment of
this subparagraph, no deposits may be made under subparagraph
(A).'';
(2) in paragraph (2)--
(A) by striking ``(2) Interest.--Amounts'' and inserting
the following:
``(2) Interest.--
``(A) In general.--Amounts''; and
(B) by adding after and below the end the following:
``(B) Reduction.--Notwithstanding subparagraph (A), amounts
in each cushion of credit account shall accrue interest to the
borrower at a rate equal to--
``(i) 4 percent per annum in fiscal year 2021; and
``(ii) the then applicable 1-year Treasury rate
thereafter.''; and
(3) in paragraph (3)--
(A) by striking ``(3) Balance.--A'' and inserting the
following:
``(3) Balance.--
``(A) In general.--A''; and
(B) by after and below the end the following:
``(B) Prepayment.--Notwithstanding subparagraph (A) and
subject to subparagraph (C), beginning on the date of the
enactment of this subparagraph and ending with September 30,
2020, a borrower may, at the sole discretion of the borrower,
reduce the balance of its cushion of credit account if the
amount obtained from the reduction is used to prepay loans made
or guaranteed under this Act.
``(C) No prepayment premium.--Notwithstanding any other
provision of this Act, no prepayment premium shall be imposed
or collected with respect to that portion of a loan that is
prepaid by a borrower in accordance with subparagraph (B).
``(D) Mandatory funding.--Notwithstanding section 504 of
the Federal Credit Reform Act of 1990, out of any funds in the
Treasury not otherwise appropriated, the Secretary of the
Treasury shall make available such sums as necessary to cover
any loan modification costs as defined in section 502 of such
Act.''.
SEC. 6504. EXTENSION OF THE RURAL ECONOMIC DEVELOPMENT LOAN AND GRANT
PROGRAM.
(a) Section 12(b)(3)(D) of the Rural Electrification Act of 1936 (7
U.S.C. 912(b)(3)(D)) is amended by striking ``313(b)(2)(A)'' and
inserting ``313(b)(2)''.
(b) Section 313(b)(2) of such Act (7 U.S.C. 940c(b)(2)) is
amended--
(1) by striking all that precedes ``shall maintain'' and
inserting the following:
``(2) Rural economic development subaccount.--The Secretary'';
and
(2) by striking ``the 5 percent'' and all that follows through
subparagraph (E) and inserting ``5 percent.''.
(c) Title III of such Act (7 U.S.C. 931-940h) is amended by
inserting after section 313A the following:
``SEC. 313B. RURAL DEVELOPMENT LOANS AND GRANTS.
``(a) In General.--The Secretary shall provide grants or zero
interest loans to borrowers under this Act for the purpose of promoting
rural economic development and job creation projects, including funding
for project feasibility studies, start-up costs, incubator projects,
and other reasonable expenses for the purpose of fostering rural
development.
``(b) Repayments.--In the case of zero interest loans, the
Secretary shall establish such reasonable repayment terms as will
encourage borrower participation.
``(c) Proceeds.--All proceeds from the repayment of such loans made
under this section shall be returned to the subaccount that the
Secretary shall maintain in accordance with sections 313(b)(2) and
313B(f).
``(d) Number of Grants.--Loans and grants required under this
section shall be made to the full extent of the amounts made available
under subsection (e).
``(e) Funding.--
``(1) Discretionary funding.--In addition to other funds that
are available to carry out this section, there is authorized to be
appropriated not more than $10,000,000 for each of fiscal years
2019 through 2023 to carry out this section, to remain available
until expended.
``(2) 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 this section $5,000,000 for
each of fiscal years 2022 and 2023, to remain available until
expended.
``(3) Other funds.--In addition to the funds described in
paragraphs (1) and (2), the Secretary shall use, without fiscal
year limitation, to provide grants and loans under this section--
``(A) the interest differential sums credited to the
subaccount described in subsection (c); and
``(B) subject to section 313A(e)(2), the fees described in
subsection (c)(4) of such section.
``(f) Maintenance of Account.--The Secretary shall maintain the
subaccount described in section 313(b)(2), as in effect in fiscal year
2017, for purposes of carrying out this section.''.
(d) Section 313A of the Rural Electrification Act of 1936 (7 U.S.C.
940c-1) is amended--
(1) in subsection (c)(4)--
(A) in subparagraph (A), by striking ``maintained under
section 313(b)(2)(A)'' and inserting ``that shall be maintained
as required by sections 313(b)(2) and 313B(f)''; and
(B) in subparagraph (B), by striking ``313(b)(2)(B)'' and
inserting ``313(b)(2)''; and
(2) in subsection (e)(2), by striking ``maintained under
section 313(b)(2)(A)'' and inserting ``required to be maintained by
sections 313(b)(2) and 313B(f)''.
(e)(1) Subject to section 313B(e) of the Rural Electrification Act
of 1936 (as added by this section), the Secretary of Agriculture shall
carry out the loan and grant program required under such section in the
same manner as the loan and grant program under section 313(b)(2) of
such Act is carried out on the day before the date of the enactment of
this Act, until such time as any regulations necessary to carry out the
amendments made by this section are fully implemented.
(2) Paragraph (1) shall take effect on the date of the enactment of
this Act.
SEC. 6505. GUARANTEES FOR BONDS AND NOTES ISSUED FOR ELECTRIFICATION OR
TELEPHONE PURPOSES.
(a) In General.--Section 313A of the Rural Electrification Act of
1936 (7 U.S.C. 940c-1) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to'' and inserting the following:
``(1) Guarantees.--Subject to'';
(B) in paragraph (1) (as so designated), by striking
``basis'' and all that follows through the period at the end
and inserting ``basis, if the proceeds of the bonds or notes
are used to make utility infrastructure loans, or refinance
bonds or notes issued for those purposes, to a borrower that
has at any time received, or is eligible to receive, a loan
under this Act.''; and
(C) by adding at the end the following:
``(2) Terms.--A bond or note guaranteed under this section
shall, by agreement between the Secretary and the borrower--
``(A) be for a term of 30 years (or another term of years
that the Secretary determines is appropriate); and
``(B) be repaid by the borrower--
``(i) in periodic installments of principal and
interest;
``(ii) in periodic installments of interest and, at the
end of the term of the bond or note, as applicable, by the
repayment of the outstanding principal; or
``(iii) through a combination of the methods described
in clauses (i) and (ii).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``electrification'' and
all that follows through the period at the end and inserting
``purposes described in subsection (a)(1).'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), by striking ``for
electrification or telephone purposes'' and inserting ``for
eligible purposes described in subsection (a)(1)''; and
(ii) in subparagraph (C), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)''; and
(3) in subsection (f), by striking ``2018'' and inserting
``2023''.
(b) Administration.--Beginning on the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall continue to
carry out section 313A of the Rural Electrification Act of 1936 (7
U.S.C. 940c-1) (as amended by subsection (a)) under a Notice of
Solicitation of Applications until the date on which any regulations
necessary to carry out the amendments made by subsection (a) are fully
implemented.
SEC. 6506. EXPANSION OF 911 ACCESS.
Section 315 of the Rural Electrification Act of 1936 (7 U.S.C.
940e) is amended--
(1) in subsection (a)(2), by striking ``commercial or
transportation'' and inserting ``critical transportation-related'';
and
(2) in subsection (d), by striking ``2018'' and inserting
``2023''.
SEC. 6507. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
Title III of the Rural Electrification Act of 1936 (7 U.S.C. 931 et
seq.) is amended by adding at the end the following:
``SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
``(a) Definition of Cybersecurity and Grid Security Improvements.--
In this section, the term `cybersecurity and grid security
improvements' means investment in the development, expansion, and
modernization of rural utility infrastructure that addresses known
cybersecurity and grid security risks.
``(b) Loans and Loan Guarantees.--The Secretary may make or
guarantee loans under this title and title I for cybersecurity and grid
security improvements.''.
Subtitle F--Program Repeals
SEC. 6601. ELIMINATION OF UNFUNDED PROGRAMS.
(a) Consolidated Farm and Rural Development Act.--
(1) Repealers.--The following provisions of the Consolidated
Farm and Rural Development Act are hereby repealed:
(A) Section 306(a)(23) (7 U.S.C. 1926(a)(23)).
(B) Section 310B(f) (7 U.S.C. 1932(f)).
(C) Section 379 (7 U.S.C. 2008n).
(D) Section 379A (7 U.S.C. 2008o).
(E) Section 379C (7 U.S.C. 2008q).
(F) Section 379D (7 U.S.C. 2008r).
(G) Section 379F (7 U.S.C. 2008t).
(H) Subtitle I (7 U.S.C. 2009dd-2009dd-7).
(2) Conforming amendment.--Section 333A(h) of such Act (7
U.S.C. 1983a(h)) is amended by striking ``310B(f),''.
(b) Rural Electrification Act of 1936.--Section 314 of the Rural
Electrification Act of 1936 (7 U.S.C. 940d) is hereby repealed.
SEC. 6602. REPEAL OF RURAL TELEPHONE BANK.
(a) Repeal.--Title IV of the Rural Electrification Act of 1936 (7
U.S.C. 941-950b) is repealed.
(b) Conforming Amendments.--
(1) Section 18 of such Act (7 U.S.C. 918) is amended in each of
subsections (a) and (b) by striking ``and the Governor of the
telephone bank''.
(2) Section 204 of such Act (7 U.S.C. 925) is amended by
striking ``and the Governor of the telephone bank''.
(3) Section 205(a) of such Act (7 U.S.C. 926) is amended--
(A) in the matter preceding paragraph (1), by striking
``and the Governor of the telephone bank''; and
(B) in paragraph (2), by striking ``or the Governor of the
telephone bank''.
(4) Section 206(a) of such Act (7 U.S.C. 927(a)) is amended--
(A) in the matter preceding paragraph (1), by striking
``and the Governor of the telephone bank'';
(B) by striking paragraph (1);
(C) in paragraph (4), by striking ``or 408''; and
(D) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
(5) Section 206(b) of such Act (7 U.S.C. 927(b)) is amended--
(A) in the matter preceding paragraph (1), by striking
``and the Governor of the telephone bank'';
(B) in paragraph (1), by striking ``, or a Rural Telephone
Bank loan,''; and
(C) in paragraph (2), by striking ``, the Rural Telephone
Bank,''.
(6) Section 207(1) of such Act (7 U.S.C. 928(1)) is amended--
(A) by striking ``305,'' and inserting ``305 or''; and
(B) by striking ``, or a loan under section 408,''.
(7) Section 301 of such Act (7 U.S.C. 931) is amended--
(A) in paragraph (3), by striking ``except for net
collection proceeds previously appropriated for the purchase of
class A stock in the Rural Telephone Bank,'';
(B) by adding ``or'' at the end of paragraph (4);
(C) by striking ``; and'' at the end of paragraph (5) and
inserting a period; and
(D) by striking paragraph (6).
(8) Section 305(d)(2)(B) of such Act (7 U.S.C. 935(d)(2)(B)) is
amended--
(A) in clause (i), by striking ``and a loan under section
408''; and
(B) in clause (ii), by striking ``and under section 408''
each place it appears.
(9) Section 305(d)(3)(C) of such Act (7 U.S.C. 935(d)(3)(C)) is
amended by striking ``and section 408(b)(4)(C), the Secretary and
the Governor of the telephone bank'' and inserting ``the
Secretary''.
(10) Section 306 of such Act (7 U.S.C. 936) is amended by
striking ``the Rural Telephone Bank, National Rural Utilities
Cooperative Finance Corporation,'' and inserting ``the National
Rural Utilities Cooperative Finance Corporation''.
(11) Section 309 of such Act (7 U.S.C. 739) is amended by
striking the last sentence.
(12) Section 2352(b) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 901 note) is amended by striking
``the Rural Telephone Bank and''.
(13) The first section of Public Law 92-12 (7 U.S.C. 921a) is
repealed.
(14) The first section of Public Law 92-324 (7 U.S.C. 921b) is
repealed.
(15) Section 1414 of the Omnibus Budget Reconciliation Act of
1987 (7 U.S.C. 944a) is repealed.
(16) Section 1411 of the Omnibus Budget Reconciliation Act of
1987 (7 U.S.C. 948 notes) is amended by striking subsections (a)
and (b).
(17) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended by striking ``or a loan or loan
commitment from the Rural Telephone Bank,''.
(18) Section 105(d) of the National Consumer Cooperative Bank
Act (12 U.S.C. 3015(d)) is amended by striking ``the Rural
Telephone Bank,''.
(19) Section 9101 of title 31, United States Code, is amended--
(A) in paragraph (2), by striking subparagraph (H) and
redesignating subparagraphs (I), (J), and (K) as subparagraphs
(H), (I), and (J), respectively; and
(B) in paragraph (3), by striking subparagraphs (K) and (O)
and redesignating subparagraphs (L) through (N) and (P) through
(R) as subparagraphs (K) through (P), respectively.
(20) Section 9108(d)(2) of title 31, United States Code, is
amended by striking ``the Rural Telephone Bank (when the ownership,
control, and operation of the Bank are converted under section
410(a) of the Rural Electrification Act of 1936 (7 U.S.C.
950(a))),''.
SEC. 6603. AMENDMENTS TO LOCAL TV ACT.
The Launching Our Communities' Access to Local Television Act of
2000 (title X of H.R. 5548 of the 106th Congress, as enacted by section
1(a)(2) of Public Law 106-553; 114 Stat. 2762A-128) is amended--
(1) by striking the title heading and inserting the following:
``TITLE X--SATELLITE CARRIER RETRANSMISSION ELIGIBILITY'';
(2) by striking sections 1001 through 1007 and 1009 through
1012; and
(3) by redesignating section 1008 as section 1001.
Subtitle G--Technical Corrections
SEC. 6701. CORRECTIONS RELATING TO THE CONSOLIDATED FARM AND RURAL
DEVELOPMENT ACT.
(a)(1) Section 306(a)(19)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(19)(A)) is amended by inserting after
``nonprofit corporations'' the following: ``, Indian Tribes (as defined
in section 4(e) of the Indian Self-Determination and Education
Assistance Act)''.
(2) The amendment made by this subsection shall take effect as if
included in section 773 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(H.R. 5426 of the 106th Congress, as enacted by Public Law 106-387 (114
Stat. 1549A-45)) in lieu of the amendment made by such section.
(b)(1) Section 309A(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1929a(b)) is amended by striking ``and
section 308''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 661(c)(2) of the Federal
Agricultural Improvement and Reform Act of 1996 (Public Law 104-127).
(c) Section 310B(c)(3)(A)(v) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(3)(A)(v)) is amended by striking
``and'' after the semicolon and inserting ``or''.
(d)(1) Section 310B(e)(5)(F) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(e)(5)(F)) is amended by inserting ``,
except that the Secretary shall not require non-Federal financial
support in an amount that is greater than 5 percent in the case of a
1994 institution (as defined in section 532 of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382))'' before the period at the end.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 6015 of the Farm Security and
Rural Investment Act of 2002 (Public Law 107-171).
(e)(1) Section 381E(d)(3) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009d(d)(3)) is amended by striking
subparagraph (A) and redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
(2) The amendment made by paragraph (1) shall take effect as if
included in the enactment of section 6012(b) of the Agricultural Act of
2014 (Public Law 113-79).
(f)(1) Section 382A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009aa) is amended by adding at the end the following:
``(4) Notwithstanding any other provision of law, the State of
Alabama shall be a full member of the Delta Regional Authority and
shall be entitled to all rights and privileges that said membership
affords to all other participating States in the Delta Regional
Authority.''.
(2) The amendment made by this subsection shall take effect as if
included in the enactment of section 153(b) of division B of H.R. 5666,
as introduced in the 106th Congress, and as enacted by section 1(4) of
the Consolidated Appropriations Act, 2001 (Appendix D of Public Law
106-554; 114 Stat. 2763A-252).
(g) Section 382E(a)(1)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C.2009aa-4(a)(1)(B)) is amended by moving clause
(iv) 2 ems to the right.
(h) Section 383G(c) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009bb-5(c)) is amended--
(1) in the subsection heading by striking ``Telecommunication
Renewable Energy,,'' and inserting ``Telecommunication, Renewable
Energy,''; and
(2) in the text, by striking ``,,'' and inserting a comma.
SEC. 6702. CORRECTIONS RELATING TO THE RURAL ELECTRIFICATION ACT OF
1936.
Section 201 of the Rural Electrification Act of 1936 (7 U.S.C. 922)
is amended--
(1) in the 3rd sentence by striking ``wildest'' and inserting
``widest''; and
(2) in the 6th sentence, by striking ``centifies'' and
inserting ``certifies''.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION.
Section 1402 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3101) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) support international collaboration that leverages
resources and advances priority food and agricultural interests of
the United States, such as--
``(A) addressing emerging plant and animal diseases;
``(B) improving crop varieties and animal breeds; and
``(C) developing safe, efficient, and nutritious food
systems.''.
SEC. 7102. MATTERS RELATED TO CERTAIN SCHOOL DESIGNATIONS AND
DECLARATIONS.
(a) In General.--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 amending subparagraph (A) to read as follows:
``(A) In general.--
``(i) Definition.--The terms `NLGCA Institution' and
`non-land-grant college of agriculture' mean a public
college or university offering a baccalaureate or higher
degree in the study of agricultural sciences, forestry, or
both in any area of study specified in clause (ii).
``(ii) Clarification.--For purposes of clause (i), an
area of study specified in this clause is any of the
following:
``(I) Agriculture.
``(II) Agricultural business and management.
``(III) Agricultural economics.
``(IV) Agricultural mechanization.
``(V) Agricultural production operations.
``(VI) Aquaculture.
``(VII) Agricultural and food products processing.
``(VIII) Agricultural and domestic animal services.
``(IX) Equestrian or equine studies.
``(X) Applied horticulture or horticulture
operations.
``(XI) Ornamental horticulture.
``(XII) Greenhouse operations and management.
``(XIII) Turf and turfgrass management.
``(XIV) Plant nursery operations and management.
``(XV) Floriculture or floristry operations and
management.
``(XVI) International agriculture.
``(XVII) Agricultural public services.
``(XVIII) Agricultural and extension education
services.
``(XIX) Agricultural communication or agricultural
journalism.
``(XX) Animal sciences.
``(XXI) Food science.
``(XXII) Plant sciences.
``(XXIII) Soil sciences.
``(XXIV) Forestry.
``(XXV) Forest sciences and biology.
``(XXVI) Natural resources or conservation.
``(XXVII) Natural resources management and policy.
``(XXVIII) Natural resource economics.
``(XXIX) Urban forestry.
``(XXX) Wood science and wood products or pulp or
paper technology.
``(XXXI) Range science and management.
``(XXXII) Agricultural engineering.
``(XXXIII) Any other area, as determined
appropriate by the Secretary.''; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by inserting ``any
institution designated under'' after ``include'';
(B) by striking clause (i); and
(C) in clause (ii)--
(i) by striking ``(ii) any institution designated
under--'';
(ii) by striking subclause (IV);
(iii) in subclause (II), by adding ``or'' at the end;
(iv) in subclause (III), by striking ``; or'' at the
end and inserting a period; and
(v) by redesignating subclauses (I), (II), and (III)
(as so amended) as clauses (i), (ii), and (iii),
respectively, and by moving the margins of such clauses (as
so redesignated) two ems to the left.
(b) Designation Review.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall establish a process to
review each designated NLGCA Institution (as defined in section
1404(14)(A) of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103(14)(A))) to ensure
compliance with such section, as amended by this subsection.
(2) Revocation.--An NLGCA Institution that the Secretary
determines under subparagraph (A) to be not in compliance shall
have the designation of such institution revoked.
SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION, EDUCATION, AND
ECONOMICS ADVISORY BOARD.
Section 1408 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3123) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``25'' and inserting
``15''; and
(B) by amending paragraph (3) to read as follows:
``(3) Membership categories.--The Advisory Board shall consist
of members from each of the following categories:
``(A) 3 members representing national farm or producer
organizations, which may include members--
``(i) representing farm cooperatives;
``(ii) who are producers actively engaged in the
production of a food animal commodity and who are
recommended by a coalition of national livestock
organizations;
``(iii) who are producers actively engaged in the
production of a plant commodity and who are recommended by
a coalition of national crop organizations; or
``(iv) who are producers actively engaged in
aquaculture and who are recommended by a coalition of
national aquacultural organizations.
``(B) 2 members representing academic or research
societies, which may include members representing--
``(i) a national food animal science society;
``(ii) a national crop, soil, agronomy, horticulture,
plant pathology, or weed science society;
``(iii) a national food science organization;
``(iv) a national human health association; or
``(v) a national nutritional science society.
``(C) 5 members representing agricultural research,
extension, and education, which shall include each of the
following:
``(i) 1 member representing the land-grant colleges and
universities eligible to receive funds under the Act of
July 2, 1862 (7 U.S.C. 301 et seq.).
``(ii) 1 member representing the land-grant colleges
and universities eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee
University.
``(iii) 1 member representing the 1994 Institutions (as
defined in section 532 of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law
103-382)).
``(iv) 1 member representing NLGCA Institutions or
Hispanic-serving institutions.
``(v) 1 member representing American colleges of
veterinary medicine.
``(D) 5 members representing industry, consumer, or rural
interests, including members representing--
``(i) entities engaged in transportation of food and
agricultural products to domestic and foreign markets;
``(ii) food retailing and marketing interests;
``(iii) food and fiber processors;
``(iv) rural economic development interests;
``(v) a national consumer interest group;
``(vi) a national forestry group;
``(vii) a national conservation or natural resource
group;
``(viii) a national social science association;
``(ix) private sector organizations involved in
international development; or
``(x) a national association of agricultural
economists.'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``review and'' and inserting ``make
recommendations, review, and'';
(ii) by striking subparagraph (A) and inserting the
following new subparagraph:
``(A) long-term and short-term national policies and
priorities consistent with the--
``(i) purposes specified in section 1402 for
agricultural research, extension, education, and economics;
and
``(ii) priority areas of the Agriculture and Food
Research Initiative specified in subsection (b)(2) of the
Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 3157(b)(2));''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) the annual establishment of national priorities that
are in accordance with the priority areas of the Agriculture
and Food Research Initiative specified in subsection (b)(2) of
the Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 3157(b)(2)).'';
(B) in paragraph (2), by inserting ``and make
recommendations to the Secretary based on such evaluation''
after ``priorities''; and
(C) in paragraph (4), by inserting ``and make
recommendations on'' after ``review''; and
(3) in subsection (h), by striking ``2018'' and inserting
``2023''.
SEC. 7104. SPECIALTY CROP COMMITTEE.
Section 1408A(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123a(a)(2)) is
amended--
(1) in subparagraph (A), by striking ``speciality'' and
inserting ``specialty'';
(2) in subparagraph (B)--
(A) in the matter preceding clause (i), by striking ``9''
and inserting ``11''; and
(B) in clause (i), by striking ``Three'' and inserting
``Five''; and
(3) in subparagraph (D), by striking ``2018'' and inserting
``2023''.
SEC. 7105. RENEWABLE ENERGY COMMITTEE DISCONTINUED.
Subtitle B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3121 et seq.) is amended by
striking section 1408B.
SEC. 7106. 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 (d)(1), by adding at the end the following:
``(F) To expose students in grades 11 and 12 to education
and career opportunities in food animal medicine.''; and
(2) in subsection (h)--
(A) by striking the subsection designation and heading and
inserting the following:
``(h) Authorization of Appropriations.--
``(1) In general.--''; and
(B) by adding at the end the following:
``(2) Priority.--From amounts made available for grants under
this section, the Secretary shall prioritize grant awards for
programs or activities with a focus on the practice of food animal
medicine. ''.
SEC. 7107. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE SCIENCES
EDUCATION.
Section 1417(m)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3152(m)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A(e) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3155(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING INSTITUTIONS AND
NATIVE HAWAIIAN SERVING INSTITUTIONS.
Section 1419B of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3156) is amended--
(1) in subsection (a)(3), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (b)(3), by striking ``2018'' and inserting
``2023''.
SEC. 7110. 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 subsection (a) of section 2501 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279)).
``(b) Amount.--The Secretary may award not more than $1,000,000 in
the aggregate to 1 or more winners of the competition under subsection
(a).''.
SEC. 7111. LAND-GRANT DESIGNATION.
Subtitle C of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3151 et seq.), as amended by
section 7110, is further amended by adding at the end the following new
section:
``SEC. 1419D. LAND-GRANT DESIGNATION.
``(a) Prohibition on Designation.--
``(1) In general.--Notwithstanding any other provision of law
and except as provided in paragraphs (2) and (3), beginning on the
date of the enactment of this section, no additional entity may be
designated as eligible to receive funds under a covered program.
``(2) 1994 institutions.--The prohibition under paragraph (1)
with respect to the designation of an entity eligible to receive
funds under a covered program shall not apply in the case of the
certification 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).
``(3) 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 covered
program.
``(b) State Funding.--No State shall receive an increase in funding
under a covered program as a result of the State's designation of
additional entities as eligible to receive such funding.
``(c) Covered Program Defined.--For purposes of this section, the
term `covered program' means agricultural research, extension,
education, and related programs or grants established or available
under any of the following:
``(1) Subsections (b), (c), and (d) of section 3 of the Smith-
Lever Act (7 U.S.C. 343).
``(2) The Hatch Act of 1887 (7 U.S.C. 361a et seq.).
``(3) Sections 1444, 1445, and 1447.
``(4) Public Law 87-788 (commonly known as the McIntire-Stennis
Cooperative Forestry Act; 16 U.S.C. 582a et seq.).
``(d) Rule of Construction.--Nothing in this section shall be
construed as limiting eligibility for a capacity and infrastructure
program specified in section 251(f)(1)(C) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)) that is
not a covered program.''.
SEC. 7112. NUTRITION EDUCATION PROGRAM.
Section 1425 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3175) is amended--
(1) by redesignating subsection (f) as subsection (g);
(2) by inserting after subsection (e) the following:
``(f) Coordination.--Projects carried out with funds made available
under section 3(d) of the Act of May 8, 1914 (7 U.S.C. 343(d)), to
carry out the program established under subsection (b) may be
coordinated with the nutrition education and obesity prevention grant
program under section 28 of the Food and Nutrition Act of 2008 (7
U.S.C. 2036a) or another health promotion or nutrition improvement
strategy, whether publicly or privately funded, as determined by the
Secretary.''; and
(3) in subsection (g) (as so redesignated), 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. CARRYOVER OF FUNDS FOR EXTENSION AT 1890 LAND-GRANT
COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
Section 1444(a) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3221(a)) is amended by
striking paragraph (4).
SEC. 7115. EXTENSION AND AGRICULTURAL RESEARCH AT 1890 LAND-GRANT
COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
(a) Extension.--Section 1444(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221(b))
is amended--
(1) in the undesignated matter following paragraph (2)(B)--
(A) by striking ``paragraph (2) of this subsection'' and
inserting ``this paragraph''; and
(B) by striking ``In computing'' and inserting the
following:
``(C) In computing'';
(2) in paragraph (2)--
(A) in subparagraph (B), by striking ``Of the remainder''
and inserting ``Except as provided in paragraph (4), of the
remainder''; and
(B) by striking ``(2) any funds'' and inserting the
following:
``(3) Additional amount.--Any funds'';
(3) in paragraph (1)--
(A) by striking ``are allocated'' and inserting ``were
allocated''; and
(B) by striking ``; and'' and inserting ``, as so
designated as of that date.'';
(4) by striking ``(b) Beginning'' in the matter preceding
paragraph (1) and all that follows through ``any funds'' in
paragraph (1) and inserting the following:
``(b) Distribution of Funds.--
``(1) In general.--Funds made available under this section
shall be distributed among eligible institutions in accordance with
this subsection.
``(2) Base amount.--Any funds''; and
(5) by adding at the end the following:
``(4) Special amounts.--
``(A) Definitions.--In this paragraph:
``(i) Covered fiscal year.--The term `covered fiscal
year' means the fiscal year for which the qualified
eligible institution first received an allocation of
$3,000,000 under subparagraph (B)(i).
``(ii) Other eligible institution.--The term `other
eligible institution' means an eligible institution, other
than the qualified eligible institution, receiving an
allocation of funds under this section.
``(iii) Qualified eligible institution.--The term
`qualified eligible institution' means the eligible
institution described in subparagraph (B)(i).
``(B) Fiscal year 2019, 2020, 2021, or 2022.--
``(i) In general.--Subject to clause (ii), for 1 of
fiscal year 2019, 2020, 2021, or 2022, if the calculation
under paragraph (3)(B) would result in a distribution for a
fiscal year of less than $3,000,000 to an eligible
institution that first received funds under this section on
a date occurring after the date of enactment of the
Agricultural Act of 2014 (Public Law 113-79; 128 Stat. 649)
and before September 30, 2018, that institution shall
receive an allocation of $3,000,000 for that fiscal year.
``(ii) Limitation.--Clause (i) shall apply only if
amounts are appropriated under this section in an amount
sufficient to provide that each other eligible institution
receiving an allocation of funds under this section for
fiscal year 2019, 2020, 2021, or 2022, as applicable,
receives not less than the amount of funds received by that
other eligible institution under this section for the
preceding fiscal year.
``(C) Subsequent fiscal years.--
``(i) Minimum additional funding amounts.--Subject to
clauses (ii) and (iii), for each fiscal year following the
covered fiscal year--
``(I) the qualified eligible institution shall
receive an allocation under this subsection of at least
$3,000,000; and
``(II) each other eligible institution shall
receive an allocation under this subsection of at least
the amount received by such other eligible institution
under this subsection for the covered fiscal year.
``(ii) Shortfall of special amounts.--
``(I) Applicability.--This clause shall apply to
any fiscal year following the covered fiscal year and
for which the total amount appropriated under this
section is insufficient to provide for the minimum
additional funding amounts described in clause (i).
``(II) Reductions in allocations.--In the case of a
fiscal year to which this clause applies, reductions in
allocations shall be made proportionally from the
qualified eligible institution and from each other
eligible institution based on the increased amounts (if
any) that the qualified eligible institution and each
other eligible institution were allocated for the
covered fiscal year as compared to the fiscal year
immediately preceding the covered fiscal year.
``(iii) Effect of census.--Clauses (i) and (ii) shall
not apply in any fiscal year for which a shortfall in the
minimum additional funding amounts described in clause (i)
is attributable to the incorporation of new census data
into the calculation under paragraph (3), as determined by
the Secretary.''.
(b) Research.--Section 1445(b) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222(b))
is amended--
(1) in paragraph (2)--
(A) by adding at the end the following:
``(D) Special amounts.--
``(i) Definitions.--In this subparagraph:
``(I) Covered fiscal year.--The term `covered
fiscal year' means the fiscal year for which the
qualified eligible institution first received an
allocation of $3,000,000 under clause (ii)(I).
``(II) Other eligible institution.--The term `other
eligible institution' means an eligible institution,
other than the qualified eligible institution,
receiving an allocation of funds under this section.
``(III) Qualified eligible institution.--The term
`qualified eligible institution' means the eligible
institution described in clause (ii)(I).
``(ii) Fiscal year 2019, 2020, 2021, or 2022.--
``(I) In general.--Subject to subclause (II), for 1
of fiscal year 2019, 2020, 2021, or 2022, if the
calculation under subparagraph (C) would result in a
distribution for a fiscal year of less than $3,000,000
to an eligible institution that first received funds
under this section on a date occurring after the date
of enactment of the Agricultural Act of 2014 (Public
Law 113-79; 128 Stat. 649) and before September 30,
2018, that institution shall receive an allocation of
$3,000,000 for that fiscal year.
``(II) Limitation.--Subclause (I) shall apply only
if amounts are appropriated under this section in an
amount sufficient to provide that each other eligible
institution receiving an allocation of funds under this
section for fiscal year 2019, 2020, 2021, or 2022, as
applicable, receives not less than the amount of funds
received by that other eligible institution under this
section for the preceding fiscal year.
``(iii) Subsequent fiscal years.--
``(I) Minimum additional funding amounts.--Subject
to subclauses (II) and (III), for each fiscal year
following the covered fiscal year--
``(aa) the qualified eligible institution shall
receive an allocation under this paragraph of at
least $3,000,000; and
``(bb) each other eligible institution shall
receive an allocation under this paragraph of at
least the amount received by such other eligible
institution under this subsection for the covered
fiscal year.
``(II) Shortfall of special amounts.--
``(aa) Applicability.--This subclause shall
apply to any fiscal year following the covered
fiscal year and for which the total amount
appropriated under this subsection is insufficient
to provide for the minimum additional funding
amounts described in subclause (I).
``(bb) Reductions in allocations.--In the case
of a fiscal year to which this subclause applies,
reductions in allocations shall be made
proportionally from the qualified eligible
institution and from each other eligible
institution based on the increased amounts (if any)
that the qualified eligible institution and each
other eligible institution were allocated for the
covered fiscal year as compared to the fiscal year
immediately preceding the covered fiscal year.
``(III) Effect of census.--Subclauses (I) and (II)
shall not apply in any fiscal year for which a
shortfall in the minimum additional funding amounts
described in subclause (I) is attributable to the
incorporation of new census data into the calculation
under paragraph (3)(C), as determined by the
Secretary.'';
(B) in subparagraph (B), by striking ``(B) Of funds'' and
inserting the following:
``(C) Additional amount.--Except as provided in
subparagraph (D), of funds'';
(C) in subparagraph (A)--
(i) by striking ``are allocated'' and inserting ``were
allocated'';
(ii) by inserting ``, as so designated as of that
date'' before the period at the end; and
(iii) by striking ``(A) Funds'' and inserting the
following:
``(B) Base amount.--Funds''; and
(D) in the matter preceding subparagraph (B) (as so
designated), by striking ``(2) The'' and all that follows
through ``follows:'' and inserting the following:
``(3) Distributions.--
``(A) In general.--After allocating amounts under paragraph
(2), the remainder shall be allotted among the eligible
institutions in accordance with this paragraph.'';
(2) in paragraph (1), by striking ``(1) Three per centum'' and
inserting the following:
``(2) Administration.--3 percent''; and
(3) in the matter preceding paragraph (2) (as so designated),
by striking ``(b) Beginning'' and all that follows through
``follows:'' and inserting the following:
``(b) Distribution of Funds.--
``(1) In general.--Funds made available under this section
shall be distributed among eligible institutions in accordance with
this subsection.''.
SEC. 7116. REPORTS ON DISBURSEMENT OF FUNDS FOR AGRICULTURAL RESEARCH
AND EXTENSION AT 1862 AND 1890 LAND-GRANT COLLEGES, INCLUDING TUSKEGEE
UNIVERSITY.
Not later than September 30, 2019, and each year thereafter, the
Secretary shall annually submit to Congress a report describing the
allocations made to, and matching funds received by, 1890 Institutions
and 1862 Institutions (as those terms are defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601) for each of the agricultural research, extension,
education, and related programs established under--
(1) section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221);
(2) section 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222);
(3) subsections (b) and (c) of section 3 of the Smith-Lever Act
(7 U.S.C. 343); and
(4) the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
SEC. 7117. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
Subtitle G of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 is amended by inserting after section 1445
(7 U.S.C. 3222) the following new section:
``SEC. 1446. SCHOLARSHIPS FOR STUDENTS AT 1890 INSTITUTIONS.
``(a) In General.--
``(1) Scholarship grant program established.--The Secretary
shall make grants to each college or university eligible to receive
funds under the Act of August 30, 1890 (commonly known as the
Second Morrill Act; 7 U.S.C. 322 et seq.), including Tuskegee
University, for purposes of awarding scholarships to individuals
who--
``(A) have been accepted for admission at such college or
university;
``(B) will be enrolled at such college or university not
later than one year after the date of such acceptance; and
``(C) intend to pursue a career in the food and
agricultural sciences, including a career in--
``(i) agribusiness;
``(ii) energy and renewable fuels; or
``(iii) financial management.
``(2) Condition.--The Secretary may only award a grant under
this subsection to a college or university described in paragraph
(1) if the Secretary determines that such college or university has
established a competitive scholarship awards process for the award
of scholarships to individuals described in such paragraph.
``(3) Annual limitation.--Of the funds made available under
subsection (b)(1), the Secretary may use not more than $10,000,000
to award grants under this subsection for the academic year
beginning on July 1, 2020, and each of the three succeeding
academic years.
``(4) Amount of grant.--Each grant made under this section
shall be in an amount of not less than $500,000.
``(b) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section $40,000,000 not later than October 1, 2019, to remain
available until expended.
``(2) Discretionary funding.--In addition to amounts made
available under paragraph (1), there is authorized to be
appropriated to carry out this section $10,000,000 for each of
fiscal years 2020 through 2023.
``(3) Administrative expenses.--Of the funds made available
under paragraphs (1) and (2) to carry out this section for a fiscal
year, not more than 4 percent may be used for expenses related to
administering the program under this section.
``(c) Report.--Beginning on the date that is two years after the
date on which the first grant is awarded under subsection (a), and
every two years 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 detailing--
``(1) the amount of funds provided to each eligible college or
university under this section;
``(2) the number of scholarships awarded under each grant each
fiscal year; and
``(3) the amount of each such scholarship.''.
SEC. 7118. 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. 7119. 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. 7120. 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) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the meaning
given such term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304)).
``(2) Land-grant college or university.--The term `land-grant
college or university' includes a 1994 Institution (as defined in
section 532 of the Equity in Educational Land-Grant Status Act of
1994 (Public Law 103-382; 7 U.S.C. 301 note)).
``(3) Tribal student.--The term `Tribal student' means a
student at a land-grant college or university that is a member of
an Indian tribe.
``(b) New Beginning Initiative.--
``(1) Authorization.--The Secretary may make competitive grants
to land-grant colleges and universities to provide identifiable
support specifically targeted for Tribal students.
``(2) Application.--A land-grant college or university that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(3) Use of funds.--A land-grant college or university that
receives a grant under this section shall use the grant funds to
support Tribal students through--
``(A) recruiting;
``(B) tuition and related fees;
``(C) experiential learning; and
``(D) student services, including--
``(i) tutoring;
``(ii) counseling;
``(iii) academic advising; and
``(iv) other student services that would increase the
retention and graduation rate of Tribal students enrolled
at the land-grant college or university, as determined by
the Secretary.
``(4) Matching funds.--A land-grant college or university that
receives a grant under this section shall provide matching funds
toward the cost of carrying out the activities described in this
section in an amount equal to not less than 100 percent of the
grant award.
``(5) Maximum amount per state.--No State shall receive,
through grants made under this section to land-grant colleges and
universities located in the State, more than $500,000 per year.
``(c) Report.--Not later than 3 years after the date of enactment
of this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry and the Committee on Indian
Affairs of the Senate a report that includes an itemized list of grant
funds distributed under this section, including the specific form of
assistance provided under subsection (b)(3), and the number of Tribal
students assisted and the graduation rate of Tribal students at land-
grant colleges and universities receiving grants under this section.
``(d) Authorization of Appropriation.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7121. 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. 7122. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT.
Section 1458(e) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3291(e)) is amended--
(1) in the subsection heading, by striking ``Full Payment of
Funds Made Available for Certain'' and inserting ``Certain'' ;
(2) by striking ``Notwithstanding'' and inserting the
following:
``(1) Full payment of funds.--Notwithstanding'';
(3) in paragraph (1) (as so designated)--
(A) by striking ``Israel-United States'' and inserting
``United States-Israel''; and
(B) by inserting ``(referred to in this subsection as the
`BARD Fund')'' after ``Development Fund''; and
(4) by adding at the end the following:
``(2) Activities.--Activities under the BARD Fund to promote
and support agricultural research and development that are of
mutual benefit to the United States and Israel shall--
``(A) 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
``(B) encourage research carried out by governmental,
nongovernmental, and private entities, including through
collaboration with colleges and universities, research
institutions, and the private sector.''.
SEC. 7123. 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) Definitions.--In this section:
``(1) 1862 institution; 1890 institution; 1994 institution.--
The terms `1862 Institution', `1890 Institution', and `1994
Institution' have the meanings given the terms in section 2 of the
Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7601).
``(2) Covered institution.--The term `covered Institution'
means--
``(A) an 1862 Institution;
``(B) an 1890 Institution;
``(C) a 1994 Institution;
``(D) an NLGCA Institution;
``(E) a Hispanic-serving agricultural college or
university; and
``(F) a cooperating forestry school.
``(3) Developing country.--The term `developing country' means
a country, as determined by the Secretary using a gross national
income per capita test selected by the Secretary.
``(4) International partner institution.--The term
`international partner institution' means an agricultural higher
education institution in a developing country that is performing,
or desiring to perform, activities similar to agricultural
research, extension, and teaching activities carried out through
covered Institutions in the United States.
``(b) Authority of the Secretary.--The Secretary may promote
cooperation and coordination between covered Institutions and
international partner institutions through--
``(1) improving extension by--
``(A) encouraging the exchange of research materials and
results between covered Institutions and international partner
institutions;
``(B) facilitating the broad dissemination of agricultural
research through extension; and
``(C) assisting with efforts to plan and initiate extension
services in developing countries;
``(2) improving agricultural research by--
``(A) in partnership with international partner
institutions, encouraging research that addresses problems
affecting food production and security, human nutrition,
agriculture, forestry, livestock, and fisheries, including
local challenges; and
``(B) supporting and strengthening national agricultural
research systems in developing countries;
``(3) supporting the participation of covered Institutions in
programs of international organizations, such as the United
Nations, the World Bank, regional development banks, and
international agricultural research centers;
``(4) improving agricultural teaching and education by--
``(A) in partnership with international partner
institutions, supporting education and teaching relating to
food and agricultural sciences, including technical assistance,
degree training, research collaborations, classroom
instruction, workforce training, and education programs; and
``(B) assisting with efforts to increase student capacity,
including to encourage equitable access for women and other
underserved populations, at international partner institutions
by promoting partnerships with, and improving the capacity of,
covered Institutions;
``(5) assisting covered Institutions in strengthening their
capacity for food, agricultural, and related research, extension,
and teaching programs relevant to agricultural development
activities in developing countries to promote the application of
new technology to improve education delivery;
``(6) providing support for the internationalization of
resident instruction programs of covered Institutions;
``(7) establishing a program, to be coordinated by the Director
of the National Institute of Food and Agriculture and the
Administrator of the Foreign Agricultural Service, to place interns
from covered Institutions in, or in service to benefit, developing
countries; and
``(8) establishing a program to provide fellowships to students
at covered Institutions to study at foreign agricultural colleges
and universities.
``(c) Enhancing Linkages.--The Secretary shall enhance the linkages
among covered Institutions, the Federal Government, international
research centers, counterpart research, extension, and teaching
agencies and institutions in developed countries and developing
countries--
``(1) to carry out the activities described in subsection (b);
and
``(2) to make a substantial contribution to the cause of
improved food and agricultural progress throughout the world.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7124. 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. 7125. LIMITATION ON INDIRECT COSTS FOR AGRICULTURAL RESEARCH,
EDUCATION, AND EXTENSION PROGRAMS.
Section 1462 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310) is amended--
(1) in subsection (a), by striking ``22 percent'' and inserting
``30 percent'';
(2) in subsection (b), by striking ``Subsection (a)'' and
inserting ``Subsections (a) and (c)''; and
(3) by adding at the end the following:
``(c) Treatment of Subgrants.--In the case of a grant described in
subsection (a), the limitation on indirect costs specified in such
subsection shall be applied to both the initial grant award and any
subgrant of the Federal funds provided under the initial grant award so
that the total of all indirect costs charged against the total of the
Federal funds provided under the initial grant award does not exceed
such limitation.''.
SEC. 7126. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching Policy
Act of 1977 is amended by inserting after section 1462 (7 U.S.C. 3310)
the following new section:
``SEC. 1462A. RESEARCH EQUIPMENT GRANTS.
``(a) In General.--The Secretary may make competitive grants for
the acquisition of special purpose scientific research equipment for
use in the food and agricultural sciences programs of eligible
institutions.
``(b) Maximum Amount.--The amount of a grant made to an eligible
institution under this section may not exceed $500,000.
``(c) Prohibition on Charge or Equipment as Indirect Costs.--The
cost of acquisition or depreciation of equipment purchased with a grant
under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for purposes
of calculating the indirect cost rate of an eligible institution.
``(d) Eligible Institutions Defined.--In this section, the term
`eligible institution' means--
``(1) a college or university; or
``(2) a State cooperative institution.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7127. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3311) is amended by striking
``2018'' each place it appears in subsections (a) and (b) and inserting
``2023''.
SEC. 7128. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3312) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7129. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.
Section 1473D of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319d) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``crops,'' and inserting ``crops (including
canola),'';
(2) in subsection (b)--
(A) by inserting ``for agronomic rotational purposes and as
a habitat for honey bees and other pollinators'' after
``alternative crops''; and
(B) by striking ``commodities whose'' and all that follows
through the period at the end and inserting ``commodities.'';
(3) in subsection (c)(3)(E), by inserting ``(including hemp (as
defined in section 297A of the Agricultural Marketing Act of
1946))'' after ``material''; and
(4) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) $2,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 7130. NEW ERA RURAL TECHNOLOGY PROGRAM.
Section 1473E of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3319e) is amended--
(1) in subsection (b)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) precision agriculture.''; and
(2) in subsection (d), by striking ``2008 through 2012'' and
inserting ``2019 through 2023''.
SEC. 7131. 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. 7132. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT AUTHORITY
PILOT.
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
PILOT.
``(a) Definitions.--In this section:
``(1) Advanced research and development.--The term `advanced
research and development' means research and development activities
used to address research challenges in agriculture and food
through--
``(A) targeted acceleration of novel, early stage
innovative agricultural research with promising technology
applications and products; or
``(B) development of qualified products and projects,
agricultural technologies, or innovative research tools, which
may include--
``(i) prototype testing, preclinical development, or
field experimental use;
``(ii) assessing and assisting with product approval,
clearance, or need for a license under an applicable law,
as determined by the Director; or
``(iii) manufacturing and commercialization of a
product.
``(2) Agricultural technology.--The term `agricultural
technology' means machinery and other equipment engineered for an
applicable and novel use in agriculture, natural resources, and
food relating to the research and development of qualified products
and projects.
``(3) Director.--The term `Director' means the Director of the
Agriculture Advanced Research and Development Authority established
under subsection (b)(1).
``(4) Other transaction.--The term `other transaction' means a
transaction other than a procurement contract, grant, or
cooperative agreement, including a transaction described in
subsection (b)(6)(A).
``(5) Person.--The term `person' means--
``(A) an individual;
``(B) a partnership;
``(C) a corporation;
``(D) an association;
``(E) an entity;
``(F) a public or private corporation;
``(G) a Federal, State, or local government agency or
department; and
``(H) an institution of higher education, including a land-
grant college or university and a non-land-grant college of
agriculture.
``(6) Qualified product or project.--The term `qualified
product or project' means--
``(A) engineering, mechanization, or technology
improvements that will address challenges relating to growing,
harvesting, handling, processing, storing, packing, and
distribution of agricultural products;
``(B) plant disease or plant pest recovery countermeasures
to intentional or unintentional biological threats (including
naturally occurring threats), including--
``(i) replacement or resistant plant cultivars or
varieties;
``(ii) other enhanced management strategies, including
novel chemical, biological, or cultural approaches; or
``(iii) diagnostic or surveillance technology; and
``(C) veterinary countermeasures to intentional or
unintentional biological threats (including naturally occurring
threats), including--
``(i) animal vaccine or therapeutic products (including
anti-infective products); or
``(ii) diagnostic or surveillance technology.
``(7) Research tool.--The term `research tool' means a device,
technology, procedure, biological material, reagent, computer
system, computer software, or analytical technique that is
developed to assist in the discovery, development, or manufacture
of a qualified product or project.
``(b) Agriculture Advanced Research and Development Authority.--
``(1) Establishment.--There is established within the
Department of Agriculture a pilot program that shall be known as
the Agriculture Advanced Research and Development Authority
(referred to in this section as the `AGARDA') to carry out advanced
research and development.
``(2) Goals.--The goals of the AGARDA are--
``(A) to develop and deploy advanced solutions to prevent,
prepare, and protect against unintentional and intentional
threats to agriculture and food in the United States;
``(B) to overcome barriers in the development of
agricultural technologies, research tools, and qualified
products and projects that enhance export competitiveness,
environmental sustainability, and resilience to extreme
weather;
``(C) to ensure that the United States maintains and
enhances its position as a leader in developing and deploying
agricultural technologies, research tools, and qualified
projects and products that increase economic opportunities and
security for farmers, ranchers, and rural communities; and
``(D) to undertake advanced research and development in
areas in which industry by itself is not likely to do so
because of the technological or financial uncertainty.
``(3) Leadership.--
``(A) In general.--The AGARDA shall be a component of the
Office of the Chief Scientist.
``(B) Director.--
``(i) In general.--The AGARDA shall be headed by a
Director, who shall be appointed by the Chief Scientist.
``(ii) Qualifications.--The Director shall be an
individual who, by reason of professional background and
experience, is exceptionally qualified to advise the Chief
Scientist on, and manage advanced research and development
programs and other matters pertaining to--
``(I) qualified products and projects;
``(II) agricultural technologies;
``(III) research tools; and
``(IV) challenges relating to the matters described
in subclauses (I) through (III).
``(iii) Relationship within the department of
agriculture.--The Director shall report to the Chief
Scientist.
``(4) Duties.--To achieve the goals described in paragraph (2),
the Secretary, acting through the Director, shall accelerate
advanced research and development by--
``(A) identifying and promoting advances in basic sciences;
``(B) translating scientific discoveries and inventions
into technological innovations;
``(C) collaborating with other agencies, relevant
industries, academia, international agencies, the Foundation
for Food and Agriculture Research, and other relevant persons
to carry out the goals described in 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,
agricultural technologies, and research tools;
``(D) conducting ongoing searches for, and support calls
for, potential advanced research and development of
agricultural technologies, qualified products and projects, and
research tools;
``(E) awarding grants and entering into contracts,
cooperative agreements, or other transactions under paragraph
(6) for advanced research and development of agricultural
technology, qualified products and projects, and research
tools;
``(F) establishing issue-based multidisciplinary teams to
reduce the time and cost of solving specific problems that--
``(i) are composed of representatives from Federal and
State agencies, professional groups, academia, and
industry;
``(ii) seek novel and effective solutions; and
``(iii) encourage data sharing and translation of
research to field use; and
``(G) serving as a resource for interested persons
regarding requirements under relevant laws that impact the
development, commercialization, and technology transfer of
qualified products and projects, agricultural technologies, and
research tools.
``(5) Priority.--In awarding grants and entering into
contracts, cooperative agreements, or other transactions under
paragraph (4)(E), the Secretary shall give priority to projects
that accelerate the advanced research and development of qualified
products and projects that--
``(A) address critical research and development needs for
technology for specialty crops; or
``(B) prevent, protect, and prepare against intentional and
unintentional threats to agriculture and food.
``(6) Other transaction authorities.--
``(A) In general.--In carrying out the pilot program under
this section, the Secretary shall have the authority to enter
into other transactions in the same manner and subject to the
same terms and conditions as transactions that the Secretary of
Defense may enter into under section 2371 of title 10, United
States Code.
``(B) Scope.--The authority of the Secretary to enter into
contracts, cooperative agreements, and other transactions under
this subsection shall be in addition to the authorities under
this Act and title I of the Department of Agriculture and
Related Agencies Appropriation Act, 1964 (7 U.S.C. 3318a), to
use contracts, cooperative agreements, and grants in carrying
out the pilot program under this section.
``(C) Guidelines.--The Secretary shall establish guidelines
regarding the use of the authority under subparagraph (A).
``(D) Technology transfer.--In entering into other
transactions, the Secretary may negotiate terms for technology
transfer in the same manner as a Federal laboratory under
paragraphs (1) through (4) of section 12(b) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(b)).
``(7) Availability of data.--
``(A) In general.--The Secretary shall require that, as a
condition of being awarded a contract or grant or entering into
a cooperative agreement or other transaction under paragraph
(4)(E), a person shall make available to the Secretary on an
ongoing basis, and submit to the Secretary on request of the
Secretary, all data relating to or resulting from the
activities carried out by the person pursuant to this section.
``(B) Exemption from disclosure.--
``(i) In general.--This subparagraph shall be
considered a statute described in section 552(b)(3)(B) of
title 5, United States Code.
``(ii) Exemption.--The following information shall be
exempt from disclosure under section 552 of title 5, United
States Code, and withheld from the public:
``(I) Specific technical data or scientific
information that is created or obtained under this
section that reveals significant and not otherwise
publicly known vulnerabilities of existing agriculture
and food defenses against biological, chemical,
nuclear, or radiological threats.
``(II) Trade secrets or commercial or financial
information that is privileged or confidential (within
the meaning of section 552(b)(4) of title 5, United
States Code) and obtained in the conduct of research or
as a result of activities under this section from a
non-Federal party participating in a contract, grant,
cooperative agreement, or other transaction under this
section.
``(iii) Limitation.--Information that results from
research and development activities conducted under this
section and that would be a trade secret or commercial or
financial information that is privileged or confidential if
the information had been obtained from a non-Federal party
participating in a cooperative agreement or other
transaction shall be withheld from disclosure under
subchapter II of chapter 5 of title 5, United States Code,
for 5 years.
``(8) Milestone-based payments allowed.--In awarding contracts
and grants and entering into cooperative agreements or other
transactions under paragraph (4)(E), the Secretary may--
``(A) use milestone-based awards and payments; and
``(B) terminate a project for not meeting technical
milestones.
``(9) Use of existing personnel authorities.--In carrying out
this subsection, the Secretary may appoint highly qualified
individuals to scientific or professional positions on the same
terms and conditions as provided in subsections (b)(3), (b)(4),
(c), (d), (e), and (f) of section 620 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7657).
``(10) 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 Comptroller General of the
United States 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 on which the
Comptroller General began conducting the evaluation;
``(ii) describing the extent to which the AGARDA is
achieving the goals described in paragraph (2); and
``(iii) including a recommendation on whether the
AGARDA should be continued, terminated, or expanded.
``(c) Strategic Plan.--
``(1) In general.--Not later than 360 days after the date of
enactment of this section, the Secretary shall develop and make
publicly available a strategic plan describing the strategic vision
that the AGARDA shall use--
``(A) to make determinations for future investments during
the period of effectiveness of this section; and
``(B) to achieve the goals described in subsection (b)(2).
``(2) Dissemination.--The Secretary shall 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)(7) of the Department of Agriculture
Reorganization Act of 1994 with the strategic plan developed
under paragraph (1) for activities relating to agriculture and
food defense countermeasure development and procurement; and
``(B) in developing the strategic plan under paragraph (1),
consult with--
``(i) the National Agricultural Research, Extension,
Education, and Economics Advisory Board established under
section 1408(a);
``(ii) the specialty crops committee established under
section 1408A(a)(1);
``(iii) relevant agriculture research agencies of the
Federal Government;
``(iv) the National Academies of Sciences, Engineering,
and Medicine;
``(v) the National Veterinary Stockpile Intra-
Government Advisory Committee for Strategic Steering; and
``(vi) other appropriate parties, as determined by the
Secretary.
``(d) Funds.--
``(1) Establishment.--There is established in the Treasury the
Agriculture Advanced Research and Development Fund, which shall be
administered by the Secretary, acting through the Director--
``(A) for the purpose of carrying out this section; and
``(B) in the same manner and subject to the same terms and
conditions as are applicable to the Secretary of Defense under
section 2371 of title 10, United States Code.
``(2) Deposits into fund.--
``(A) In general.--The Secretary, acting through the
Director, may accept and deposit into the Fund monies received
pursuant to cost recovery, contribution, or royalty payments
under a contract, grant, cooperative agreement, or other
transaction under this section.
``(B) Availability of amounts in fund.--Amounts deposited
into the fund shall remain available until expended, without
further appropriation, and may be used to carry out the
purposes of this section.
``(C) Clarification.--Nothing in this paragraph authorizes
the use of the funds of the Commodity Credit Corporation to
carry out this section.
``(3) Funding.--In addition to funds otherwise deposited in the
Fund under paragraph (1) or (2), there is authorized to be
appropriated to the Fund $50,000,000 for each of fiscal years 2019
through 2023, to remain available until expended.
``(e) Termination of Effectiveness.--
``(1) In general.--Except as provided under paragraph (2), the
authority provided by this section terminates on the date that is 5
years after the date of the enactment of the Agriculture
Improvement Act of 2018.
``(2) Exceptions.--Paragraph (1) shall not apply with respect
to--
``(A) subsection (b)(7)(B); and
``(B) grants awarded or contracts, cooperative agreements,
or other transactions entered into before the end of the 5-year
period referred to in such clause.''.
SEC. 7133. 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. 7134. RANGELAND RESEARCH PROGRAMS.
Section 1483(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3336(a)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7135. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND RESPONSE.
Section 1484 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3351) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(3) $30,000,000 for each of fiscal years 2019 through
2023.''; and
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``and cooperative agreements'' after ``competitive grants'';
(B) in paragraph (3), by striking ``make competitive
grants'' and inserting ``award competitive grants and
cooperative agreements''; and
(C) by adding at the end the following new paragraph:
``(5) To coordinate the tactical science activities of the
Research, Education, and Economics mission area of the Department
that protect the integrity, reliability, sustainability, and
profitability of the food and agricultural system of the United
States against biosecurity threats from pests, diseases,
contaminants, and disasters.''.
SEC. 7136. 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''.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5814) is amended in the first sentence by striking
``2018'' and inserting ``2023''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5821(d)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER
PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5832(i)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7205. NATIONAL STRATEGIC GERMPLASM AND CULTIVAR COLLECTION
ASSESSMENT AND UTILIZATION PLAN.
(a) In General.--Section 1632(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop and implement a national strategic germplasm and
cultivar collection assessment and utilization plan that takes into
consideration the resources and research necessary to address the
significant backlog of characterization and maintenance of existing
accessions considered to be critical to preserve the viability of,
and public access to, germplasm and cultivars; and''.
(b) Plan Publication.--Section 1633 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5842) is amended by
adding at the end the following:
``(f) Plan Publication.--On completion of the development of the
plan described in section 1632(d)(6), the Secretary shall make the plan
available to the public.''.
SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.
(a) Advisory Council.--Section 1634 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5843) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence of paragraph (1) (as so
designated), by striking ``The advisory'' and inserting the
following:
``(2) Membership.--The advisory'';
(C) in paragraph (2) (as so designated), by striking
``nine'' and inserting ``13''; and
(D) by adding at the end the following:
``(3) Recommendations.--
``(A) In general.--In making recommendations under
paragraph (1), the advisory council shall include
recommendations on--
``(i) the state of public cultivar development,
including--
``(I) an analysis of existing cultivar research
investments;
``(II) the research gaps relating to the
development of cultivars across a diverse range of
crops; and
``(III) an assessment of the state of
commercialization of federally funded cultivars;
``(ii) the training and resources needed to meet future
breeding challenges;
``(iii) the appropriate levels of Federal funding for
cultivar development for underserved crops and geographic
areas; and
``(iv) the development of the plan described in section
1632(d)(6).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Two-thirds'' and inserting ``6''; and
(ii) by inserting ``economics and policy,'' after
``agricultural sciences,'';
(B) in paragraph (2)--
(i) by striking ``One-third'' and inserting ``3''; and
(ii) by inserting ``community development,'' after
``public policy,''; and
(C) by adding at the end the following:
``(3) 4 of the members shall be appointed from among
individuals with expertise in public cultivar and animal breed
development.
``(4) 4 of the members shall be appointed from among
individuals representing--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(C) Hispanic-serving institutions (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)); or
``(D) 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382)).''.
(b) Authorization of Appropriations.--Section 1635(b)(2) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5844(b)(2)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7207. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5855(c)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7208. AGRICULTURAL GENOME TO PHENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5924) is amended--
(1) in the section heading, by inserting ``to phenome'' after
``genome'';
(2) by striking subsection (a) and inserting the following:
``(a) Goals.--The goals of this section are--
``(1) to expand knowledge concerning genomes and phenomes of
crops and animals of importance to the agriculture sector of the
United States;
``(2) to understand how variable weather, environments, and
production systems impact the growth and productivity of specific
varieties of crops and species of animals in order to provide
greater accuracy in predicting crop and animal performance under
variable conditions;
``(3) to support research that leverages plant and animal
genomic information with phenotypic and environmental data through
an interdisciplinary framework, leading to a novel understanding of
plant and animal processes that affect growth, productivity, and
the ability to predict performance, which will result in the
deployment of superior varieties and species to producers and
improved crop and animal management recommendations for farmers and
ranchers;
``(4) to catalyze and coordinate research that links genomics
and predictive phenomics at different sites across the United
States to achieve advances in crops and animals that generate
societal benefits;
``(5) to combine fields such as genetics, genomics, plant
physiology, agronomy, climatology, and crop modeling with
computation and informatics, statistics, and engineering;
``(6) to combine fields such as genetics, genomics, animal
physiology, meat science, animal nutrition, and veterinary science
with computation and informatics, statistics, and engineering;
``(7) to focus on crops and animals that will yield
scientifically important results that will enhance the usefulness
of many other crops and animals;
``(8) to build on genomic research, such as the Plant Genome
Research Project and the National Animal Genome Research Program,
to understand gene function in production environments that is
expected to have considerable returns for crops and animals of
importance to the agriculture of the United States;
``(9) to develop improved data analytics to enhance
understanding of the biological function of genes;
``(10) to allow resources developed under this section,
including data, software, germplasm, and other biological
materials, to be openly accessible to all persons, subject to any
confidentiality requirements imposed by law; and
``(11) to encourage international partnerships with each
partner country responsible for financing its own research.'';
(3) by striking subsection (b) and inserting the following:
``(b) Duties of Secretary.--The Secretary of Agriculture (referred
to in this section as the `Secretary') shall conduct a research
initiative, to be known as the `Agricultural Genome to Phenome
Initiative', for the purpose of--
``(1) studying agriculturally significant crops and animals in
production environments to achieve sustainable and secure
agricultural production;
``(2) ensuring that current gaps in existing knowledge of
agricultural crop and animal genetics and phenomics are filled;
``(3) identifying and developing a functional understanding of
relevant genes from animals and agronomically relevant genes from
crops that are of importance to the agriculture sector of the
United States;
``(4) ensuring future genetic improvement of crops and animals
of importance to the agriculture sector of the United States;
``(5) studying the relevance of diverse germplasm as a source
of unique genes that may be of importance in the future;
``(6) enhancing genetics to reduce the economic impact of
pathogens on crops and animals of importance to the agriculture
sector of the United States;
``(7) disseminating findings to relevant audiences; and
``(8) otherwise carrying out this section.'';
(4) in subsection (c)(1), by inserting ``, acting through the
National Institute of Food and Agriculture,'' after ``The
Secretary'';
(5) in subsection (e), by inserting ``to Phenome'' after
``Genome''; and
(6) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
Section 1672 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925) is amended--
(1) in subsection (d)--
(A) in paragraph (8)--
(i) in the heading, by striking ``Alfalfa and forage''
and inserting ``Alfalfa seed and alfalfa forage systems'';
(ii) by striking ``alfalfa and forage'' and inserting
``alfalfa seed and alfalfa forage systems''; and
(iii) by striking ``alfalfa and other forages, and''
and inserting ``alfalfa seed and other alfalfa forage'';
and
(B) by adding at the end the following new paragraphs:
``(11) Macadamia tree health initiative.--Research and
extension grants may be made under this section for the purposes
of--
``(A) developing and disseminating science-based tools and
treatments to combat the macadamia felted coccid (Eriococcus
ironsidei); and
``(B) establishing an areawide integrated pest management
program in areas affected by, or areas at risk of being
affected by, the macadamia felted coccid.
``(12) National turfgrass research initiative.--Research and
extension grants may be made under this section for the purposes
of--
``(A) carrying out or enhancing research related to
turfgrass and sod issues;
``(B) enhancing production and uses of turfgrass for the
general public;
``(C) identifying new turfgrass varieties with superior
drought, heat, cold, and pest tolerance to reduce water,
fertilizer, and pesticide use;
``(D) selecting genetically superior turfgrasses and
developing improved technologies for managing commercial,
residential, and recreational turfgrass areas;
``(E) producing turfgrasses that--
``(i) aid in mitigating soil erosion;
``(ii) protect against pollutant runoff into waterways;
or
``(iii) provide other environmental benefits;
``(F) investigating, preserving, and protecting native
plant species, including grasses not currently utilized in
turfgrass systems;
``(G) creating systems for more economical and viable
turfgrass seed and sod production throughout the United States;
and
``(H) investigating the turfgrass phytobiome and developing
biologic products to enhance soil, enrich plants, and mitigate
pests.
``(13) Fertilizer management initiative.--
``(A) In general.--Research and extension grants may be
made under this section for the purpose of carrying out
research to improve fertilizer use efficiency in crops--
``(i) to maximize crop yield; and
``(ii) to minimize nutrient losses to surface and
groundwater and the atmosphere.
``(B) Priority.--In awarding grants under subparagraph (A),
the Secretary shall give priority to research examining the
impact of the source, rate, timing, and placement of plant
nutrients.
``(14) Cattle fever tick program.--Research and extension
grants may be made under this section to study cattle fever ticks--
``(A) to facilitate the understanding of the role of
wildlife in the persistence and spread of cattle fever ticks;
``(B) to develop advanced methods for eradication of cattle
fever ticks, including--
``(i) alternative treatment methods for cattle and
other susceptible species;
``(ii) field treatment for premises, including corral
pens and pasture loafing areas;
``(iii) methods for treatment and control on infested
wildlife;
``(iv) biological control agents; and
``(v) new and improved vaccines;
``(C) to evaluate rangeland vegetation that impacts the
survival of cattle fever ticks;
``(D) to improve management of diseases relating to cattle
fever ticks that are associated with wildlife, livestock, and
human health;
``(E) to improve diagnostic detection of tick-infested or
infected animals and pastures; and
``(F) to conduct outreach to impacted ranchers, hunters,
and landowners to integrate tactics and document sustainability
of best practices.
``(15) Laying hen and turkey research program.--Research grants
may be made under this section for the purpose of improving the
efficiency and sustainability of laying hen and turkey production
through integrated, collaborative research and technology transfer.
Emphasis may be placed on laying hen and turkey disease prevention,
antimicrobial resistance, nutrition, gut health, and alternative
housing systems under extreme seasonal weather conditions.
``(16) Chronic wasting disease.--Research and extension grants
may be made under this section for 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.
``(17) Algae agriculture research program.--Research and
extension grants may be made under this section for the development
and testing of algae and algae systems (including micro- and macro-
algae systems).
``(18) 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.
``(19) Dryland farming agricultural systems.--Research and
extension grants may be made under this section for the purposes of
carrying out or enhancing research on the utilization of big data
for more precise management of dryland farming agricultural
systems.
``(20) Hop plant health initiative.--Research and extension
grants may be made under this section for the purposes of
developing and disseminating science-based tools and treatments to
combat diseases of hops caused by the plant pathogens Podosphaera
macularis and Pseudoperonospora humuli.'';
(2) in subsection (e)(5), by striking ``2018'' and inserting
``2023'';
(3) in subsection (f)(5), by striking ``2018'' and inserting
``2023'';
(4) in subsection (g)--
(A) in paragraphs (1)(B), (2)(B), and (3), by striking
``2018'' each place it appears and inserting ``2023'';
(B) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively; and
(C) by inserting after paragraph (3) the following new
paragraph:
``(4) Enhanced coordination of honeybee and pollinator
research.--
``(A) In general.--The Chief Scientist of the Department of
Agriculture shall coordinate research, extension, education,
and economic activities in the Department of Agriculture
relating to native and managed pollinator health and habitat.
``(B) Duties.--In carrying 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 shall be responsible for leading the
efforts of the Chief Scientist in carrying out such
subparagraph;
``(ii) implement and coordinate pollinator health
research efforts of the Department, as recommended by the
Pollinator Health Task Force;
``(iii) establish annual strategic priorities and goals
for the Department for native and managed pollinator
research;
``(iv) communicate such priorities and goals to each
agency or office of the Department of Agriculture, the
managed pollinator industry, and relevant grant recipients
under programs administered by the Secretary; and
``(v) coordinate and identify all research on native
and managed pollinator health needed and conducted by the
Department of Agriculture and relevant grant recipients
under programs administered by the Secretary to ensure
consistency and reduce unintended duplication of effort.
``(C) Research.--In coordinating research activities under
subparagraph (A), the Chief Scientist shall ensure that such
research--
``(i) identifies and addresses the multiple stressors
on pollinator health, including pests and pathogens,
reduced habitat, lack of nutritional resources, and
exposure to pesticides;
``(ii) evaluates stewardship and management practices
of managed pollinators that would impact managed pollinator
health;
``(iii) documents the prevalence of major pests, such
as varroa destructor (commonly referred to as the varroa
mite), and diseases that are transported between States
through practices involving managed pollinators;
``(iv) evaluates the impact of overcrowding of colonies
for pollination services and the impact of such
overcrowding on pollinator health status and pollinator
health recovery;
``(v) evaluates and reports on the health differences
of managed pollinators in--
``(I) crops not requiring contract pollination;
``(II) crops requiring contract pollination; and
``(III) native habitat;
``(vi) evaluates the impact of horticultural and
agricultural pest management practices on native and
managed pollinator colonies in diverse agroecosystems;
``(vii) documents pesticide residues that are--
``(I) found in native and managed pollinator
colonies; and
``(II) associated with typical localized commercial
crop pest management practices;
``(viii) with respect to native and managed pollinator
colonies visiting crops for crop pollination or honey
production purposes, documents--
``(I) the strength and health of such colonies;
``(II) the survival, growth, reproduction, and
production of such colonies;
``(III) pests, pathogens, and viruses that affect
such colonies;
``(IV) environmental conditions of such colonies;
``(V) beekeeper practices; and
``(VI) any other relevant information, as
determined by the Chief Scientist;
``(ix) documents, with respect to healthy populations
of managed pollinators, best management practices and other
practices for managed pollinators and crop managers;
``(x) evaluates the effectiveness of--
``(I) conservation practices that target the
specific needs of native and managed pollinator
habitats;
``(II) incentives that allow for the expansion of
native and managed pollinator forage acreage; and
``(III) managed pollinator breeding practices and
efforts to, with respect to managed pollinators, avoid
creating a genetic bottleneck and improve genetic
diversity;
``(xi) in the case of commercially managed pollinator
colonies, continues to gather data--
``(I) on an annual basis with respect to losses of
such colonies, splits of such colonies, and the total
number of pollinator colonies;
``(II) on rising input costs; and
``(III) overall economic value to the food economy;
and
``(xii) addresses any other issue relating to native
and managed pollinators, as determined by the Chief
Scientist, in consultation with scientific experts.
``(D) Publication.--The Chief Scientist, to the maximum
extent practicable, shall--
``(i) make publicly available the results of the
research described in subparagraph (C); and
``(ii) in the case of the research described in
subparagraph (C)(vi), publish any data or reports that were
produced by the Department of Agriculture but not made
publicly available during the period beginning on January
1, 2008, and ending on the date of the enactment of the
Agriculture Improvement Act of 2018.''; and
(5) in subsection (h), 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)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``using funds made available under
subsection (e),'' after ``Board,''; and
(ii) by inserting ``in each of fiscal years 2019
through 2023'' after ``grants''; and
(B) in paragraph (7), by inserting ``, soil health,'' after
``conservation''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the
end;
(ii) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following new
subparagraphs:
``(D) $20,000,000 for each of fiscal years 2019 through
2020;
``(E) $25,000,000 for fiscal year 2021;
``(F) $30,000,000 for fiscal year 2022; and
``(G) $50,000,000 for fiscal year 2023 and each fiscal year
thereafter.''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``for fiscal
years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting ``2023''.
SEC. 7211. FARM BUSINESS MANAGEMENT.
Section 1672D of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925f) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--The Secretary may make competitive research and
extension grants for the purpose of improving the farm management
knowledge and skills of agricultural producers by maintaining and
expanding a national, publicly available farm financial management
database to support improved farm management.'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``and producer'' and
inserting ``educational programs and''; and
(B) in paragraph (4), by striking ``use and support'' and
inserting ``contribute data to''; and
(3) in subsection (d)(2), by striking ``2018'' and inserting
``2023''.
SEC. 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 facilitating the development of urban,
indoor, and other emerging agricultural production, harvesting,
transportation, aggregation, packaging, distribution, and markets,
including by--
``(1) assessing and developing strategies to remediate
contaminated sites;
``(2) determining and developing the best production management
and integrated pest management practices;
``(3) identifying and promoting the horticultural, social, and
economic factors that contribute to successful urban, indoor, and
other emerging agricultural production;
``(4) analyzing the means by which new agricultural sites are
determined, including an evaluation of soil quality, condition of a
building, or local community needs;
``(5) exploring new technologies that minimize energy, lighting
systems, water, and other inputs for increased food production;
``(6) examining building material efficiencies and structural
upgrades for the purpose of optimizing growth of agricultural
products;
``(7) developing new crop varieties and agricultural products
to connect to new markets; or
``(8) examining the impacts of crop exposure to urban elements
on environmental quality and food safety.
``(b) Grant Types and Process.--Subparagraphs (A) through (E) of
paragraph (4), paragraph (7), and paragraph (11)(B) of subsection (b)
of the Competitive, Special, and Facilities Research Grant Act (7
U.S.C. 3157) shall apply with respect to the making of grants under
this section.
``(c) Priority.--The Secretary may give priority to grant proposals
that involve--
``(1) the cooperation of multiple entities; or
``(2) States or regions with a high concentration of or
significant interest in urban farms, rooftop farms, and indoor
production facilities.
``(d) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$10,000,000 for fiscal year 2019, to remain available until
expended.
``(2) Authorization of appropriations.--In addition to amounts
made available under paragraph (1), there is authorized to be
appropriated to carry out this section $10,000,000 for each of
fiscal years 2019 through 2023.''.
(b) Data Collection on Urban, Indoor, and Emerging Agricultural
Production.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary shall conduct as a follow-on
study to the census of agriculture conducted in the calendar year
2017 under section 2 of the Census of Agriculture Act of 1997 (7
U.S.C. 2204g) a census of urban, indoor, and other emerging
agricultural production, including information about--
(A) community gardens and farms located in urban areas,
suburbs, and urban clusters;
(B) rooftop farms, outdoor vertical production, and green
walls;
(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
(D) hydroponic, aeroponic, and aquaponic farm facilities;
and
(E) other innovations in agricultural production, as
determined by the Secretary.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $14,000,000 for the
period of fiscal years 2019 through 2021.
SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS.
Section 1673 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5926) is amended by adding at the end the following:
``(d) Centers of Excellence at 1890s Institutions.--
``(1) Recognition.--The Secretary shall recognize 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 for 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) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $10,000,000 for each
of fiscal years 2019 through 2023.
``(4) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, and every
year thereafter, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing--
``(A) the resources invested in the centers of excellence
established under paragraph (1); and
``(B) the work being done by those centers of
excellence.''.
SEC. 7214. CLARIFICATION OF VETERAN ELIGIBILITY FOR ASSISTIVE
TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
Section 1680 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5933) is amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(7) Clarification of application of provisions to veterans
with disabilities.--This subsection shall apply with respect to
veterans with disabilities, and their families, who--
``(A) are engaged in farming or farm-related occupations;
or
``(B) are pursuing new farming opportunities.'';
(2) in subsection (b)--
(A) by inserting ``(including veterans)'' after
``individuals''; and
(B) by inserting ``or, in the case of veterans with
disabilities, who are pursuing new farming opportunities''
before the period at the end; and
(3) in subsection (c)(1)(B), by striking ``2018'' and inserting
``2023''.
SEC. 7215. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking ``2018'' and
inserting ``2023''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION, EXTENSION,
OUTREACH, AND TECHNICAL ASSISTANCE PROGRAM.
(a) Ending Limitation on Funding.--Section 405(e)(3) of the
Agricultural Research, Extension, And Education Reform Act of 1998 (7
U.S.C. 7625(e)(3)) is amended to read as follows:
``(3) Term of grant.--A grant under this section shall have a
term that is not more than 3 years.''.
(b) 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 of the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7628) is amended--
(1) in subsection (e)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) $15,000,000 for each of fiscal years 2019 through
2023.''; and
(2) by adding at the end the following new subsection:
``(f) Limitation on Indirect Costs.--A recipient of a grant under
this section may not use more than 10 percent of the funds provided by
the grant for the indirect costs of carrying out the initiatives
described in subsection (a).''.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) Industry Needs.--Section 412(b) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(b)) is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F); and
(B) by inserting after subparagraph (A) the following:
``(B) size-controlling rootstock systems for perennial
crops;'';
(2) in paragraph (2), by striking ``including threats to
specialty crop pollinators;'' and inserting the following:
``including--
``(A) threats to specialty crop pollinators;
``(B) emerging and invasive species; and
``(C) a more effective understanding and utilization of
existing natural enemy complexes;'';
(3) in paragraph (3)--
(A) by striking ``efforts to improve'' and inserting the
following: ``efforts--
``(A) to improve'';
(B) in subparagraph (A) (as so designated), by adding
``and'' at the end; and
(C) by adding at the end the following:
``(B) to achieve a better understanding of--
``(i) the soil rhizosphere microbiome;
``(ii) pesticide application systems and certified
drift-reduction technologies; and
``(iii) systems to improve and extend the storage life
of specialty crops;''; and
(4) in paragraph (4), by striking ``including improved
mechanization and technologies that delay or inhibit ripening;
and'' and inserting the following: ``including--
``(A) mechanization and automation of labor-intensive tasks
in production and processing;
``(B) technologies that delay or inhibit ripening;
``(C) decision support systems driven by phenology and
environmental factors;
``(D) improved monitoring systems for agricultural pests;
and
``(E) effective systems for preharvest and postharvest
management of quarantine pests; and''.
(b) Authorization of Appropriations.--Section 412(k)(2) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(k)(2)) is amended--
(1) in the subsection heading, by striking ``2018'' and
inserting ``2023''; and
(2) by striking ``2018'' and inserting ``2023''.
SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f)(2) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Section 617(f)(1) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7401. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8912(c)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7402. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8913) is amended--
(1) in subsection (a)(2)(B), by striking ``2018'' and inserting
``2023''; and
(2) in subsection (b)(2)(B), by striking ``2018'' and inserting
``2023''.
SEC. 7403. RESEARCH AND DEVELOPMENT OF AGRICULTURAL COUNTERMEASURES.
Section 14121(b)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8921(b)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7404. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e)(2) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8922(e)(2)) is amended by striking ``2018'' and
inserting ``2023''.
PART II--MISCELLANEOUS
SEC. 7411. GRAZINGLANDS RESEARCH LABORATORY.
Section 7502 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2019) is amended by striking ``10-year
period'' and inserting ``15-year period''.
SEC. 7412. FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 5936) is amended--
(1) in subsection (a), by striking ``to support cooperative
programs between State cooperative extension services and nonprofit
organizations'' and inserting ``to eligible entities described in
subsection (c)'';
(2) in subsection (b)--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting the
subparagraphs appropriately;
(C) by striking subparagraph (B) (as so redesignated) and
inserting the following:
``(B) training, including training programs and workshops,
for--
``(i) advocates for individuals who are engaged in
farming, ranching, and other occupations relating to
agriculture; and
``(ii) other individuals and entities that may assist
individuals who--
``(I) are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(II) are in crisis;'';
(D) in subparagraph (C) (as so redesignated), by adding
``and'' after the semicolon at the end;
(E) in subparagraph (D) (as so redesignated), by striking
``activities; and'' and inserting ``activities, including the
dissemination of information and materials; or'';
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``be used to initiate'' and
inserting the following: ``be used--
``(1) to initiate''; and
(G) by adding at the end the following:
``(2) to enter into contracts, on a multiyear basis, with
community-based, direct-service organizations to initiate, expand,
or sustain programs described in paragraph (1) and subsection
(a).''; and
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) Eligible Recipients.--The Secretary may award a grant under
this section to--
``(1) an Indian tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304));
``(2) a State department of agriculture;
``(3) a State cooperative extension service;
``(4) a qualified nonprofit organization, as determined by the
Secretary;
``(5) an entity providing appropriate services, as determined
by the Secretary, in 1 or more States; or
``(6) a partnership carried out by 2 or more entities described
in paragraphs (1) through (5).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.
``(e) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination with
the Secretary of Health and Human Services, shall submit to
Congress and any other relevant Federal department or agency, and
make publicly available, a report describing the state of
behavioral and mental health of individuals who are engaged in
farming, ranching, and other occupations relating to agriculture.
``(2) Contents.--The report under paragraph (1) shall include--
``(A) an inventory and assessment of efforts to support the
behavioral and mental health of individuals who are engaged in
farming, ranching, and other occupations relating to
agriculture by--
``(i) the Federal Government, States, and units of
local government;
``(ii) communities comprised of those individuals;
``(iii) health care providers;
``(iv) State cooperative extension services; and
``(v) other appropriate entities, as determined by the
Secretary;
``(B) a description of the challenges faced by individuals
who are engaged in farming, ranching, and other occupations
relating to agriculture that may impact the behavioral and
mental health of farmers and ranchers;
``(C) a description of how the Department of Agriculture
can improve coordination and cooperation with Federal health
departments and agencies, including the Department of Health
and Human Services, the Substance Abuse and Mental Health
Services Administration, the Health Resources and Services
Administration, the Centers for Disease Control and Prevention,
and the National Institutes of Health, to best address the
behavioral and mental health of individuals who are engaged in
farming, ranching, and other occupations relating to
agriculture;
``(D) a long-term strategy for responding to the challenges
described under subparagraph (B) and recommendations based on
best practices for further action to be carried out by
appropriate Federal departments or agencies to improve Federal
Government response and seek to prevent suicide among
individuals who are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(E) an evaluation of the impact that behavioral and
mental health challenges and outcomes (including suicide) among
individuals who are engaged in farming, ranching, and other
agriculture related occupations have on--
``(i) the agricultural workforce;
``(ii) agricultural production;
``(iii) rural families and communities; and
``(iv) succession planning.
``(f) State Defined.--For purposes of this section, the term
`State' has the meaning given such term in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103).''.
SEC. 7413. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 5937(e)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7414. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 8114(g)) is amended by striking ``2018'' and inserting
``2023''.
Subtitle E--Amendments to Other Laws
SEC. 7501. CRITICAL AGRICULTURAL MATERIALS ACT.
(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. 7502. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994.
(a) 1994 Institution Defined.--
(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 to read as follows:
``SEC. 532. DEFINITION OF 1994 INSTITUTION.
``In this part, the term `1994 Institution' means any of the
following colleges:
``(1) Aaniiih Nakoda College.
``(2) Bay Mills Community College.
``(3) Blackfeet Community College.
``(4) Cankdeska Cikana Community College.
``(5) Chief Dull Knife College.
``(6) College of Menominee Nation.
``(7) College of the Muscogee Nation.
``(8) D-Q University.
``(9) Dine College.
``(10) Fond du Lac Tribal and Community College.
``(11) Fort Peck Community College.
``(12) Haskell Indian Nations University.
``(13) Ilisagvik College.
``(14) Institute of American Indian and Alaska Native Culture
and Arts Development.
``(15) Keweenaw Bay Ojibwa Community College.
``(16) Lac Courte Oreilles Ojibwa Community College.
``(17) Leech Lake Tribal College.
``(18) Little Big Horn College.
``(19) Little Priest Tribal College.
``(20) Navajo Technical University.
``(21) Nebraska Indian Community College.
``(22) Northwest Indian College.
``(23) Nueta Hidatsa Sahnish College.
``(24) Oglala Lakota College.
``(25) Red Lake Nation College.
``(26) Saginaw Chippewa Tribal College.
``(27) Salish Kootenai College.
``(28) Sinte Gleska University.
``(29) Sisseton Wahpeton College.
``(30) Sitting Bull College.
``(31) Southwestern Indian Polytechnic Institute.
``(32) Stone Child College.
``(33) Tohono O'odham Community College.
``(34) Turtle Mountain Community College.
``(35) United Tribes Technical College.
``(36) White Earth Tribal and Community College.''.
(2) Effective date.--The amendment made by paragraph (1) shall
take effect on the date of the enactment of this Act.
(b) Endowment for 1994 Institutions.--Section 533(b) of the Equity
in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public
Law 103-382) is amended in the first sentence by striking ``2018'' and
inserting ``2023''.
(c) Institutional Capacity Building Grants.--Section 535 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended by striking ``2018'' each place it
appears in subsections (b)(1) and (c) and inserting ``2023''.
(d) Research Grants.--Section 536(c) of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)
is amended in the first sentence by striking ``2018'' and inserting
``2023''.
SEC. 7503. RESEARCH FACILITIES ACT.
(a) Agricultural Research Facility Defined.--The Research
Facilities Act is amended--
(1) in section 2(1) (7 U.S.C. 390(1)) by striking ``a college,
university, or nonprofit institution'' and inserting ``an entity
eligible to receive funds under a capacity and infrastructure
program (as defined in section 251(f)(1)(C) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(C)))'';
and
(2) in section 3(c)(2)(D) (7 U.S.C. 390a(c)(2)(D)), by striking
``recipient college, university, or nonprofit institution'' and
inserting ``recipient entity''.
(b) Long-term Support.--Section 3(c)(2)(D) of the Research
Facilities Act (7 U.S.C. 390a(c)(2)(D)), as amended by subsection (a),
is further amended by striking ``operating costs'' and inserting
``operating and maintenance costs''.
(c) Competitive Grant Program.--The Research Facilities Act is
amended by inserting after section 3 (7 U.S.C. 390a) the following new
section:
``SEC. 4. COMPETITIVE GRANT PROGRAM.
``The Secretary shall establish a program to make competitive
grants to assist in the construction, alteration, acquisition,
modernization, renovation, or remodeling of agricultural research
facilities.''.
(d) Authorization of Appropriations and Funding Limitations.--
Section 6 of the Research Facilities Act (7 U.S.C. 390d) is amended--
(1) in subsection (a)--
(A) by striking ``subsection (b),'' and inserting
``subsections (b), (c), and (d),'';
(B) by striking ``2018'' and inserting ``2023''; and
(C) by adding at the end the following new sentence:
``Funds appropriated pursuant to the preceding sentence shall
be available until expended.''; and
(2) by adding at the end the following new subsections:
``(c) Maximum Amount.--Not more than 25 percent of the funds made
available pursuant to subsection (a) for any fiscal year shall be used
for any single agricultural research facility project.
``(d) Project Limitation.--An entity eligible to receive funds
under this Act may receive funds for only one project at a time.''.
SEC. 7504. AGRICULTURE AND FOOD RESEARCH INITIATIVE.
Subsection (b) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D)--
(i) by redesignating clauses (iii) through (vii) as
clauses (iv) through (viii), respectively; and
(ii) by inserting after clause (ii) the following new
clause:
``(iii) soil health;'';
(B) in subparagraph (E)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) in clause (iv), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(v) tools that accelerate the use of automation or
mechanization for labor-intensive tasks in the production
and distribution of crops.''; and
(C) in subparagraph (F)--
(i) in clause (vi), by striking ``and'' at the end;
(ii) in clause (vii), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new clause:
``(viii) barriers and bridges to entry and farm
viability for young, beginning, socially disadvantaged,
veteran, and immigrant farmers and ranchers, including farm
succession, transition, transfer, entry, and profitability
issues.'';
(2) in paragraph (6)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) to an institution to carry out collaboration in
biomedical and agricultural research using existing research
models.''; and
(3) in paragraph (11)(A)--
(A) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023''; and
(B) in clause (ii), by striking ``4'' and inserting ``5''.
SEC. 7505. 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 improving 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 each fiscal
year on a competitive basis--
``(A) for the design of 1 or more extension and education
prototype systems--
``(i) that leverage digital platforms or other novel
means of translating, delivering, or demonstrating
agricultural research; and
``(ii) to adapt, apply, translate, or demonstrate
scientific findings, data, technology, and other research
outcomes to producers, the agricultural industry, and other
interested persons or organizations; and
``(B) to demonstrate, by incorporating analytics and
specific metrics, the value, impact, and return on the Federal
investment of a prototype system designed under subparagraph
(A) as a model for use by other eligible entities described in
paragraph (3) for improving, modernizing, and adapting applied
research, demonstration, and extension services.
``(3) Eligible entities.--An entity that is eligible to receive
a grant under paragraph (2) is--
``(A) a State agricultural experiment station (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
``(B) a cooperative extension service (as defined in such
section); and
``(C) a land-grant college or university (as defined in
such section) .
``(4) Requirement.--The Secretary shall award grants under
paragraph (2) to not fewer than 2 and not more than 5 eligible
entities described in paragraph (3) that represent a diversity of
regions, commodities, and agricultural or food production issues.
``(5) Term.--The term of a grant awarded under paragraph (2)
shall be not longer than 5 years.
``(6) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $5,000,000 for each of
fiscal years 2019 through 2023, to remain available until
expended.''.
(b) Technical and Conforming Amendments.--The Competitive, Special,
and Facilities Research Grant Act (7 U.S.C. 3157) is amended--
(1) in subsection (c)(2), in the matter preceding subparagraph
(A), by striking ``subsection--'' and all that follows through
``for the planning'' in subparagraph (B) and inserting ``subsection
for the planning''; and
(2) in subsection (h), by inserting ``, (d),'' after
``subsections (b)''.
SEC. 7506. 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. 7507. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8108) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) carbon dioxide that--
``(i) is intended for permanent sequestration or
utilization; and
``(ii) is a byproduct of the production of the products
described in subparagraphs (A) and (B).'';
(2) in subsection (d)(2)(A)--
(A) in clause (xii), by striking ``and'' at the end;
(B) by redesignating clause (xiii) as clause (xiv); and
(C) by inserting after clause (xii) the following:
``(xiii) an individual with expertise in carbon dioxide
capture, utilization, and sequestration; and'';
(3) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in clause (ii), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(iv) to permanently sequester or utilize carbon
dioxide described in subsection (a)(1)(C); and''; and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the development of technologies to permanently
sequester or utilize carbon dioxide described in subsection
(a)(1)(C).''; and
(4) in subsection (h)(2), by striking ``2018'' and inserting
``2023''.
SEC. 7508. REINSTATEMENT OF MATCHING REQUIREMENT FOR FEDERAL FUNDS USED
IN EXTENSION WORK AT THE UNIVERSITY OF THE DISTRICT OF COLUMBIA.
(a) In General.--Section 209(c) of the District of Columbia Public
Postsecondary Education Reorganization Act (Public Law 93-471; sec. 38-
1202.09(c), D.C. Official Code) is amended by inserting after the first
sentence the following: ``Such sums may be used to pay not more than
\1/2\ of the total cost of providing such extension work.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 7509. 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. 7510. 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. 7511. FEDERAL AGRICULTURE RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research, Extension, and
Teaching Policy Act Amendments of 1985 (title XIV of Public Law 99-198;
99 Stat. 1556) is amended by striking ``2018'' and inserting ``2023''.
Subtitle F--Other Matters
SEC. 7601. ENHANCED USE LEASE AUTHORITY PROGRAM.
(a) Transition to Permanent Program.--Section 308 of the Federal
Crop Insurance Reform and Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 3125a note) is amended--
(1) in the section heading, by striking ``pilot''; and
(2) in subsection (a), by striking ``pilot''.
(b) Termination of Authority Extended.--Section 308(b)(6)(A) of the
Federal Crop Insurance Reform and Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 3125a note) is amended by striking
``on the date that is 10 years after the date of enactment of this
section'' and inserting ``on September 30, 2023''.
(c) Reports.--Section 308(d)(2) of the Federal Crop Insurance
Reform and Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 3125a note) is amended by striking ``Not later than 6, 8, and 10
years after the date of enactment of this section'' and inserting ``Not
later than September 30, 2021''.
SEC. 7602. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER PORTION OF
HENRY A. WALLACE BELTSVILLE AGRICULTURAL RESEARCH CENTER, BELTSVILLE,
MARYLAND.
(a) Transfer Authorized.--Subject to subsection (e), the Secretary
may transfer to the Secretary of the Treasury administrative
jurisdiction over a parcel of real property at the Henry A. Wallace
Beltsville Agricultural Research Center consisting of approximately 100
acres, which was originally acquired by the United States through land
acquisitions in 1910 and 1925, and is generally located off of Poultry
Road lying between Powder Mill Road and Odell Road in Beltsville,
Maryland, for the purpose of facilitating the establishment of Bureau
of Engraving and Printing facilities on the parcel.
(b) Legal Description and Map.--
(1) Preparation.--The Secretary shall prepare a legal
description and map of the parcel of real property to be
transferred under subsection (a).
(2) Force of law.--The legal description and map prepared under
paragraph (1) shall have the same force and effect as if included
in this Act, except that the Secretary may correct errors in the
legal description and map.
(c) Terms and Conditions.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to easements, valid
existing rights, and such other reservations, terms, and conditions as
the Secretary considers to be necessary.
(d) Waiver.--The parcel of real property under subsection (a) is
exempt from Federal screening for other possible use due to an
identified Federal need for the parcel as the site of Bureau of
Engraving and Printing facilities.
(e) Conditions for Transfer.--As a condition of the transfer of
administrative jurisdiction under subsection (a) with respect to the
parcel described in such subsection--
(1) the Secretary of the Treasury shall agree to pay the
Secretary the costs incurred to carry out such transfer, including
the costs for--
(A) any environmental or administrative analysis required
by law with respect to the parcel to be so transferred;
(B) a survey of such parcel, if necessary; and
(C) any hazardous substances assessment of the parcel to be
so transferred; and
(2) except as provided in subsection (d), the Secretary shall
enter into a binding memorandum of agreement with the Secretary of
the Treasury regarding the responsibilities, including financial
responsibilities, of each party for evaluating and, if necessary,
remediating or otherwise addressing hazardous substances,
pollutants, or contaminants found at the parcel described in
subsection (a).
(f) Hazardous Materials.--Nothing in this section, or the
amendments made by this section, amends, alters, or affects the
relevant Federal and State environmental laws, including the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.), or the application of such laws to
the parcel of real property transferred under subsection (a).
SEC. 7603. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.
Section 7601 of the Agricultural Act of 2014 (7 U.S.C. 5939) is
amended--
(1) in subsection (d)(1)--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``conflicts;'' and
inserting ``conflicts, specifically at the Department of
Agriculture; and''; and
(ii) by adding at the end the following new clause:
``(iii) document the consultation process and include a
summary of the results in the annual report required in
subsection (f)(3)(B)''; and
(B) in subparagraph (D), by inserting ``and agriculture
stakeholders'' after ``community'';
(2) in subsection (e)--
(A) in paragraph (2)(C)(ii)(I), by inserting ``agriculture
or'' before ``agricultural research''; and
(B) in paragraph (4)(A)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following:
``(iv) actively solicit and accept funds, gifts,
grants, devises, or bequests of real or personal property
made to the Foundation, including from private entities;
and'';
(3) in subsection (f)--
(A) in paragraph (2)(A)(iii), by striking ``any''; and
(B) in paragraph (3)(B)--
(i) in clause (i)(I)--
(I) in the matter preceding item (aa), by inserting
``and post online'' before ``a report'';
(II) in item (aa), by striking ``accomplishments;
and'' and inserting ``accomplishments and how those
activities align to the challenges identified in the
strategic plan under clause (iv);'';
(III) in item (bb), by striking the period at the
end and inserting ``; and''; and
(IV) by adding at the end the following:
``(cc) a description of available agricultural
research programs and priorities for the upcoming
fiscal year.''; and
(ii) by adding at the end the following:
``(iii) Stakeholder notice.--The Foundation shall
publish an annual notice with a description of agricultural
research priorities under this section for the upcoming
fiscal year, including--
``(I) a schedule for funding competitions;
``(II) a discussion of how applications for funding
will be evaluated; and
``(III) how the Foundation will communicate
information about funded awards to the public to ensure
that grantees and partners understand the objectives of
the Foundation.
``(iv) Strategic plan.--Not later than 1 year after the
date of enactment of the Agriculture Improvement Act of
2018, the Foundation shall submit to the Committee on
Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a strategic plan describing a path for the
Foundation to become self-sustaining, including--
``(I) a forecast of major agricultural challenge
opportunities identified by the scientific advisory
councils of the Foundation and approved by the Board,
including short- and long-term objectives;
``(II) an overview of the efforts that the
Foundation will take to be transparent in each of the
processes of the Foundation, including--
``(aa) processes relating to grant awards,
including the selection, review, and notification
processes;
``(bb) communication of past, current, and
future research priorities; and
``(cc) plans to solicit and respond to public
input on the opportunities identified in the
strategic plan;
``(III) a description of financial goals and
benchmarks for the next 10 years, including a detailed
plan for--
``(aa) raising funds in amounts greater than
the amounts required under subsection (g)(1)(B);
``(bb) soliciting additional resources pursuant
to subsections (e)(4)(A)(iv) and (f)(2)(A)(iii);
and
``(cc) managing and leveraging such resources
pursuant to subsection (f)(2)(A)(vii); and
``(IV) other related issues, as determined by the
Board.''; and
(4) in subsection (g)(1)--
(A) in the paragraph heading, by striking ``Mandatory
funding'' and inserting ``Funding'';
(B) in subparagraph (A)--
(i) by striking ``On the date'' and inserting the
following:
``(i) Establishment funding.--On the date''; and
(ii) by adding at the end the following:
``(ii) Enhanced funding.--On the date on which the
strategic plan described in subsection (f)(3)(B)(iv) is
submitted, of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Foundation
to carry out this section $185,000,000, to remain available
until expended.''; and
(C) in subparagraph (B)--
(i) by striking ``The Foundation'' and inserting the
following:
``(i) In general.--The Foundation'';
(ii) in clause (i) (as so designated)--
(I) by striking ``purposes'' and inserting
``purposes, duties, and powers''; and
(II) by striking ``non-Federal matching funds for
each expenditure'' and inserting ``matching funds from
a non-Federal source, including an agricultural
commodity promotion, research, and information
program''; and
(iii) by adding at the end the following:
``(ii) Effect.--Nothing in this section requires the
Foundation to require a matching contribution from an
individual grantee as a condition of receiving a grant
under this section.''.
SEC. 7604. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE MCINTIRE-STENNIS
COOPERATIVE FORESTRY ACT.
Section 2 of Public Law 87-788 (commonly known as the ``McIntire-
Stennis Cooperative Forestry Act'') (16 U.S.C. 582a-1) is amended in
the second sentence--
(1) by striking ``and'' before ``1890 Institutions''; and
(2) by inserting ``and 1994 Institutions (as defined in section
532 of the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382)) that offer an associate's
degree or a baccalaureate degree in forestry,'' before ``and (b)''.
SEC. 7605. 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 (a) (as so redesignated)--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
``(3) State.--The term `State' has the meaning given such term
in section 297A of the Agricultural Marketing Act of 1946.'';
(3) in subsection (b) (as so redesignated), in the subsection
heading, by striking ``In General'' and inserting ``Industrial Hemp
Research''; and
(4) by adding at the end the following:
``(c) Study and Report.--
``(1) In general.--The Secretary shall conduct a study of
agricultural pilot programs--
``(A) to determine the economic viability of the domestic
production and sale of industrial hemp; and
``(B) that shall include a review of--
``(i) each agricultural pilot program; and
``(ii) any other agricultural or academic research
relating to industrial hemp.
``(2) Report.--Not later than 12 months after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report describing the results of the study conducted
under paragraph (1).''.
(b) Repeal.--Effective on the date that is 1 year after the date on
which the Secretary establishes a plan under section 297C of the
Agricultural Marketing Act of 1946, section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940) is repealed.
SEC. 7606. 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. 7607. COLLECTION OF DATA RELATING TO THE SIZE AND LOCATION OF
DAIRY FARMS.
(a) In General.--Not later than 60 days after the date on which the
2017 Census of Agriculture is released, the Secretary, acting through
the Administrator of the Economic Research Service, shall update the
report entitled ``Changes in the Size and Location of US Dairy Farms''
contained in the report of the Economic Research Service entitled
``Profits, Costs, and the Changing Structure of Dairy Farming'' and
published in September 2007.
(b) Requirement.--In updating the report described in subsection
(a), the Secretary shall, to the maximum extent practicable, use the
same unit of measurement for reporting the full range of herd sizes in
Table 1 and Table 2 of the report while maintaining confidentiality of
individual producers.
SEC. 7608. AGRICULTURE INNOVATION CENTER DEMONSTRATION PROGRAM.
Section 6402 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1632b) is amended--
(1) in subsection (d)(2)--
(A) in the matter preceding subparagraph (A), by striking
``representatives of each of the following groups'' and
inserting ``a diverse group of representatives of public and
private entities, including the following:'';
(B) in subparagraph (A), by striking ``The 2'' and
inserting ``Two'';
(C) in subparagraph (B), by inserting ``or a State
legislator,'' after ``agency,''; and
(D) by amending subparagraph (C) to read as follows:
``(C) Four entities representing commodities produced in
the State.'';
(2) in subsection (e)(1), by striking ``subsection (i)'' and
inserting ``subsection (g)''; and
(3) by striking subsections (g), (h), and (i) and inserting the
following new subsection:
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $15,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7609. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.
(a) In General.--Section 3(d) of the Smith-Lever Act (7 U.S.C.
343(d)) is amended by adding at the end the following new sentence: ``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)) may compete for and receive funds directly from the
Secretary of Agriculture for the Children, Youth, and Families at Risk
funding program and the Federally Recognized Tribes Extension
Program.''.
(b) Conforming Amendment.--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) the third sentence of section 3(d) of that
Act (7 U.S.C. 343(d)); or''.
SEC. 7610. MECHANIZATION AND AUTOMATION FOR SPECIALTY CROPS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a review of the
programs of the Department of Agriculture that affect the production or
processing of specialty crops.
(b) Requirements.--The review under subsection (a) shall identify--
(1) programs that currently are, or previously have been,
effectively used to accelerate the development and use of
automation or mechanization in the production or processing of
specialty crops; and
(2) programs that may be more effectively used to accelerate
the development and use of automation or mechanization in the
production or processing of specialty crops.
(c) Strategy.--With respect to programs identified under subsection
(b), the Secretary shall develop and implement a strategy to accelerate
the development and use of automation and mechanization in the
production or processing of specialty crops.
SEC. 7611. EXPERIENCED SERVICES PROGRAM.
Section 1252 of the Food Security Act of 1985 (16 U.S.C. 3851) is
amended--
(1) in the section heading, by striking ``agriculture
conservation'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``a conservation'' and inserting
``an'';
(ii) by striking ``(in this section referred to as the
`ACES Program')'' and inserting ``(referred to in this
section as the `program')''; and
(iii) by striking ``provide technical'' and inserting
the following: ``provide--
``(1) technical''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``Secretary. Such technical services
may include'' and inserting ``Secretary, including'';
(ii) by striking the period at the end and inserting
``; and''; and
(iii) by adding at the end the following:
``(2) technical, professional, and administrative services to
support the research, education, and economics mission area of the
Department of Agriculture (including the Agricultural Research
Service, the Economic Research Service, the National Agricultural
Library, the National Agricultural Statistics Service, the Office
of the Chief Scientist, and the National Institute of Food and
Agriculture), including--
``(A) supporting agricultural research and information;
``(B) advancing scientific knowledge relating to
agriculture;
``(C) enhancing access to agricultural information;
``(D) providing statistical information and research
results to farmers, ranchers, agribusiness, and public
officials; and
``(E) assisting research, education, and extension programs
in land-grant colleges and universities (as defined in section
1404 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3103)).'';
(3) by striking ``ACES'' each place it appears;
(4) by striking ``technical services'' each place it appears
(other than in subsection (a)) and inserting ``technical,
professional, or administrative services, as applicable,''; and
(5) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the paragraph heading and inserting
``Conservation technical services.--''; and
(ii) by inserting ``with respect to subsection
(a)(1),'' before ``the Secretary''; and
(B) by adding at the end the following new paragraph:
``(3) Research, education, and economics services.--With
respect to services referred to in subsection (a)(2), the Secretary
may carry out the program under the mission area referred to in
such subsection to the extent that funds are specifically
appropriated to provide such services under such mission area.''.
SEC. 7612. SIMPLIFIED PLAN OF WORK.
(a) Smith-Lever Act.--The Smith-Lever Act is amended--
(1) in section 3(h)(2) (7 U.S.C. 343(h)(2)), by striking
subparagraph (D); and
(2) in section 4(c) (7 U.S.C. 344(c)), by striking paragraphs
(1) through (5) and inserting the following new paragraphs:
``(1) A summary of planned projects or programs in the State
using formula funds.
``(2) A description of the manner in which the State will meet
the requirements of section 3(h).
``(3) A description of the manner in which the State will meet
the requirements of section 3(i)(2) of the Hatch Act of 1887 (7
U.S.C. 361c(i)(2)).
``(4) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
(b) Hatch Act.--The Hatch Act of 1887 is amended--
(1) in section 3 (7 U.S.C. 361c)--
(A) by amending subsection (h) to read as follows:
``(h) Peer Review.--Research carried out under subsection (c)(3)
shall be subject to scientific peer review. The review of a project
conducted under this subsection shall be considered to satisfy the
merit review requirements of section 103(e) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7613(e)).''; and
(B) in subsection (i)(2), by striking subparagraph (D); and
(2) in section 7(e) (7 U.S.C. 361g(e)), by striking paragraphs
(1) through (4) and inserting the following new paragraphs:
``(1) A summary of planned projects or programs in the State
using formula funds.
``(2) A description of the manner in which the State will meet
the requirements of subsections (c)(3) and (i)(2) of section 3.
``(3) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
(c) Extension and Research at 1890 Institutions.--
(1) Extension.--Section 1444(d)(3) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3221(d)(3)) is amended by striking subparagraphs (A) through (E)
and inserting the following new subparagraphs:
``(A) A summary of planned projects or programs in the
State using formula funds.
``(B) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
(2) Research.--Section 1445(c)(3) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222(c)(3)) is amended by striking subparagraphs (A) through (E)
and inserting the following new subparagraphs:
``(A) A summary of planned projects or programs in the
State using formula funds.
``(B) A description of matching funds provided by the State
with respect to the previous fiscal year.''.
SEC. 7613. REVIEW OF LAND-GRANT TIME AND EFFORT REPORTING REQUIREMENTS.
(a) In General.--The Secretary, in consultation with the Office of
Management and Budget, shall review and revise current reporting
requirements related to compensation charges, documentation of
personnel expenses, and other requirements that are commonly referred
to as time and effort reporting for entities that receive funds under a
program referred to in clause (iii), (iv), (vii), (viii), or (xii) of
section 251(f)(1)(C) of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6971(f)(1)(C)).
(b) Revisions.--The Secretary shall ensure that any revision made
pursuant to subsection (a)--
(1) is developed in collaboration with entities described in
subsection (a); and
(2) reduces the amount of paperwork and time required by the
requirements referred to in such subsection, as such requirements
are in effect on the date of the enactment of this Act.
SEC. 7614. 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) Grants to enhance research capacity in schools of
veterinary medicine.--Section 1415(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3151(a)) is amended--
(i) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Matching requirement.--A State receiving a grant under
paragraph (1) shall provide State matching funds equal to not less
than the amount of the grant.''.
(B) Aquaculture assistance grant program.--Section 1475(b)
of the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3322(b)) is amended by striking
``The Secretary'' and all that follows through the period at
the end and inserting the following:
``(1) In general.--Subject to paragraph (3), the Secretary may
make competitive grants to entities eligible for grants under
paragraph (2) for research and extension to facilitate or expand
promising advances in the production and marketing of aquacultural
food species and products and to enhance the safety and
wholesomeness of those species and products, including the
development of reliable supplies of seed stock and therapeutic
compounds.
``(2) Eligible entities.--The Secretary may make a competitive
grant under paragraph (1) to--
``(A) a land-grant or seagrant college or university;
``(B) a State agricultural experiment station;
``(C) a college, university, or Federal laboratory having a
demonstrable capacity to conduct aquacultural research, as
determined by the Secretary; or
``(D) a nonprofit private research institution.
``(3) Matching state grants.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall not make a grant under paragraph (1) unless
the State in which the grant recipient is located makes a grant
to that recipient in an amount equal to not less than the
amount of the grant under paragraph (1) (of which State amount
an in-kind contribution shall not exceed 50 percent).
``(B) Federal laboratories.--Subparagraph (A) shall not
apply to a grant to a Federal laboratory.''.
(C) Rangeland research.--Section 1480 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3333) is amended--
(i) by striking ``The Secretary'' and inserting ``(a)
In General.--The Secretary''; and
(ii) by adding at the end the following new subsection:
``(b) Matching Requirements.--
``(1) In general.--Except as provided in paragraph (2), this
grant program shall be based on a matching formula of 50 percent
Federal and 50 percent non-Federal funding (including funding from
an agricultural commodity promotion, research, and information
program).
``(2) Exception.--Paragraph (1) shall not apply to a grant to a
Federal laboratory or a grant under subsection (a)(2).''.
(2) Food, agriculture, conservation, and trade act of 1990.--
(A) Federal-state matching grant program.--Section
1623(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by striking the
second sentence.
(B) Agricultural genome initiative.--Section 1671 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5924) (as amended by section 7208) is amended--
(i) by redesignating subsection (f) as subsection (g);
and
(ii) by inserting after subsection (e) the following:
``(f) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect to a
grant or cooperative agreement under this section that provides a
particular benefit to a specific agricultural commodity, the
recipient of funds under the grant or cooperative agreement shall
provide non-Federal matching funds (including funds from an
agricultural commodity promotion, research, and information
program) equal to not less than the amount provided under the grant
or cooperative agreement.
``(2) In-kind support.--Non-Federal matching funds described in
paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research project
if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those results
are likely to be applicable to agricultural commodities
generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research;
and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(C) High-priority research and extension initiatives.--
Section 1672(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(a)) is amended--
(i) by striking ``The Secretary of Agriculture'' and
inserting the following:
``(1) In general.--The Secretary of Agriculture'';
(ii) in paragraph (1) (as so designated), in the second
sentence, by striking ``The Secretary shall'' and inserting
the following:
``(3) Consultation.--The Secretary shall''; and
(iii) by inserting after paragraph (1) the following:
``(2) Matching funds requirement.--
``(A) In general.--Subject to subparagraph (C), an entity
receiving a grant under paragraph (1) shall provide non-Federal
matching funds (including funds from an agricultural commodity
promotion, research, and information program) equal to not less
than the amount of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind support.
``(C) Waiver.--The Secretary may waive the matching funds
requirement under subparagraph (A) with respect to a research
project if the Secretary determines that--
``(i) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(ii)(I) the project--
``(aa) involves a minor commodity; and
``(bb) deals with scientifically important
research; and
``(II) the recipient is unable to satisfy the matching
funds requirement.''.
(D) Organic agriculture research and extension
initiative.--Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as
amended by section 7210) is amended--
(i) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(ii) by inserting after subsection (b) the following:
``(c) Matching Requirement.--
``(1) In general.--Subject to paragraph (3), an entity
receiving a grant under subsection (a) shall provide non-Federal
matching funds (including funds from an agricultural commodity
promotion, research, and information program) equal to not less
than the amount of the grant.
``(2) In-kind support.--Non-Federal matching funds described in
paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research project
if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those results
are likely to be applicable to agricultural commodities
generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research;
and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(3) Agricultural research, extension, and education reform act
of 1998.--
(A) Integrated research, education, and extension
competitive grants program.--Section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7626) is amended--
(i) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively; and
(ii) by inserting after subsection (c) the following:
``(d) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect to a
grant under this section that provides a particular benefit to a
specific agricultural commodity, the recipient of the grant shall
provide non-Federal matching funds (including funds from an
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 grant if the
Secretary determines that--
``(A) the results of the grant are of a particular benefit
to a specific agricultural commodity, but those results are
likely to be applicable to agricultural commodities generally;
or
``(B)(i) the grant--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research;
and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(B) Specialty crop research initiative.--Section 412(g) of
the Agricultural Research, Extension, and Education Reform Act
of 1998 (7 U.S.C. 7632(g)) is amended--
(i) by redesignating paragraph (3) as paragraph (4);
and
(ii) by inserting after paragraph (2) the following:
``(3) Matching requirement.--
``(A) In general.--An entity receiving a grant under this
section shall provide non-Federal matching funds (including
funds from an agricultural commodity promotion, research, and
information program) equal to not less than the amount of the
grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind support.''.
(4) Other laws.--
(A) Sun grant program.--Section 7526(c)(1)(C)(iv) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8114(c)(1)(C)(iv)) is amended by striking subclause (IV).
(B) Agriculture and food research initiative.--Subsection
(b)(9) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)(9)) is amended--
(i) in subparagraph (A), by striking clause (iii);
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``clauses (ii) and
(iii),'' and inserting ``clause (ii),''; and
(II) by striking clause (iii); and
(iii) by adding at the end the following:
``(C) Applied research.--An entity receiving a grant under
paragraph (5)(B) for applied research that is commodity-
specific and not of national scope shall provide non-Federal
matching funds equal to not less than the amount of the
grant.''.
(c) Application of Amendments.--
(1) Awards made after date of enactment.--The amendments made
by subsections (a) and (b) shall apply with respect to grants,
cooperative agreements, or other awards described in subsection (b)
that are made after the date of the enactment of this Act.
(2) Awards made on or before date of enactment.--
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,
cooperative agreement, or other award described in subsection (b)
that is made on or before the date of the enactment of this Act.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
SEC. 8101. SUPPORT FOR STATE ASSESSMENTS AND STRATEGIES FOR FOREST
RESOURCES.
Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101a(f)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 8102. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
(a) In General.--Section 13A of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2109a) is amended to read as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE RESTORATION
PROGRAM.
``(a) Purpose.--The purpose of this section is to encourage
collaborative, science-based restoration of priority forest landscapes.
``(b) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(2) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means land that--
``(A) is rural, as determined by the Secretary;
``(B) has existing tree cover or is suitable for growing
trees; and
``(C) is owned by any private individual, group,
association, corporation, Indian tribe, or other private legal
entity.
``(3) State forest land.--The term `State forest land' means
land that--
``(A) is rural, as determined by the Secretary; and
``(B) is under State or local governmental ownership and
considered to be non-Federal forest land.
``(c) Establishment.--The Secretary, in consultation with State
foresters or appropriate State agencies, shall establish a competitive
grant program to provide financial and technical assistance to
encourage collaborative, science-based restoration of priority forest
landscapes.
``(d) Eligibility.--To be eligible to receive a grant under this
section, an applicant shall submit to the Secretary, through the State
forester or appropriate State agency, a State and private forest
landscape-scale restoration proposal based on a restoration strategy
that--
``(1) is complete or substantially complete;
``(2) is for a multiyear period;
``(3) covers nonindustrial private forest land or State forest
land;
``(4) is accessible by wood-processing infrastructure; and
``(5) is based on the best available science.
``(e) Plan Criteria.--A State and private forest landscape-scale
restoration proposal submitted under this section shall include plans--
``(1) to reduce the risk of uncharacteristic wildfires;
``(2) to improve fish and wildlife habitats, including the
habitats of threatened and endangered species;
``(3) to maintain or improve water quality and watershed
function;
``(4) to mitigate invasive species, insect infestation, and
disease;
``(5) to improve important forest ecosystems;
``(6) to measure ecological and economic benefits, including
air quality and soil quality and productivity; and
``(7) to take other relevant actions, as determined by the
Secretary.
``(f) Priorities.--In making grants under this section, the
Secretary shall give priority to plans that--
``(1) further a statewide forest assessment and resource
strategy;
``(2) promote cross boundary landscape collaboration; and
``(3) leverage public and private resources.
``(g) Collaboration and Consultation.--The Chief of the Forest
Service, the Chief of the Natural Resources Conservation Service, and
relevant stakeholders shall collaborate and consult on an ongoing basis
regarding--
``(1) administration of the program established under this
section; and
``(2) identification of other applicable resources for
landscape-scale restoration.
``(h) Matching Funds Required.--As a condition of receiving a grant
under this section, the Secretary shall require the recipient of the
grant to provide funds or in-kind support from non-Federal sources in
an amount that is at least equal to the amount of Federal funds.
``(i) Coordination and Proximity Encouraged.--In making grants
under this section, the Secretary may consider coordination with and
proximity to other landscape-scale projects on other land under the
jurisdiction of the Secretary, the Secretary of the Interior, or a
Governor of a State, including under--
``(1) the Collaborative Forest Landscape Restoration Program
established under section 4003 of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303);
``(2) landscape areas designated for insect and disease
treatments under section 602 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6591a);
``(3) good neighbor authority under section 19;
``(4) stewardship end result contracting projects authorized
under section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c);
``(5) appropriate State-level programs; and
``(6) other relevant programs, as determined by the Secretary.
``(j) Regulations.--The Secretary shall promulgate such regulations
as the Secretary determines necessary to carry out this section.
``(k) Report.--Not later than 3 years after the date of enactment
of this section, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report on--
``(1) the status of development, execution, and administration
of selected projects;
``(2) the accounting of program funding expenditures; and
``(3) specific accomplishments that have resulted from
landscape-scale projects.
``(l) Fund.--
``(1) In general.--There is established in the Treasury a fund,
to be known as the `State and Private Forest Landscape-Scale
Restoration Fund' (referred to in this subsection as the `Fund'),
to be used by the Secretary to make grants under this section.
``(2) Contents.--The Fund shall consist of such amounts as are
appropriated to the Fund under paragraph (3).
``(3) Authorization of appropriations.--There is authorized to
be appropriated to the Fund $20,000,000 for each fiscal year
beginning with the first full fiscal year after the date of
enactment of this subsection through fiscal year 2023, to remain
available until expended.''.
(b) Conforming Amendments.--
(1) Section 13B of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry Assistance
Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended by striking
``sections 13A and 13B'' and inserting ``section 13A''.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
SEC. 8201. REPEAL OF RECYCLING RESEARCH.
Section 9 of the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.
Section 10 of the Forest and Rangeland Renewable Resources Research
Act of 1978 (16 U.S.C. 1649) is repealed.
Subtitle C--Global Climate Change Prevention Act of 1990
SEC. 8301. REPEALS RELATING TO BIOMASS.
(a) Biomass Energy Demonstration Projects.--Section 2410 of the
Global Climate Change Prevention Act of 1990 (7 U.S.C. 6708) is
repealed.
(b) Interagency Cooperation to Maximize Biomass Growth.--Section
2411 of the Global Climate Change Prevention Act of 1990 (7 U.S.C.
6709) is amended in the matter preceding paragraph (1) by striking
``to--'' and all that follows through ``such forests and lands'' in
paragraph (2) and inserting ``to develop a program to manage forests
and land on Department of Defense military installations''.
Subtitle D--Healthy Forests Restoration Act of 2003
SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6513) is amended by adding at the end the following:
``(e) Cross-boundary Hazardous Fuel Reduction Projects.--
``(1) Definitions.--In this subsection:
``(A) Hazardous fuel reduction project.--The term
`hazardous fuel reduction project' means a hazardous fuel
reduction project described in paragraph (2).
``(B) Non-federal land.--The term `non-Federal land'
includes--
``(i) State land;
``(ii) county land;
``(iii) Tribal land;
``(iv) private land; and
``(v) other non-Federal land.
``(2) Grants.--The Secretary may make grants to State foresters
to support hazardous fuel reduction projects that incorporate
treatments in landscapes across ownership boundaries on Federal and
non-Federal land, particularly in areas identified as priorities in
applicable State-wide forest resource assessments or strategies
under section 2A(a) of the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101a(a)), as mutually agreed to by the State
forester and the Regional Forester.
``(3) Land treatments.--To conduct and fund treatments for
hazardous fuel reduction projects carried out by State foresters
using grants under paragraph (2), the Secretary may use the
authorities of the Secretary relating to cooperation and technical
and financial assistance, including the good neighbor authority
under--
``(A) section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a); and
``(B) section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011 note;
Public Law 106-291).
``(4) Cooperation.--In carrying out a hazardous fuel reduction
project using a grant under paragraph (2) on non-Federal land, the
State forester, in consultation with the Secretary--
``(A) shall consult with any applicable owners of the non-
Federal land; and
``(B) shall not implement the hazardous fuel reduction
project on non-Federal land without the consent of the owner of
the non-Federal land.
``(5) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $20,000,000 for each
of fiscal years 2019 through 2023.''.
SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS FUEL REDUCTION
ON FEDERAL LAND.
Section 108 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6518) is amended by striking ``$760,000,000 for each fiscal
year'' and inserting ``$660,000,000 for each of fiscal years 2019
through 2023''.
SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT PROGRAM.
(a) In General.--Section 203 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6531) is repealed.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 203.
SEC. 8404. WATER SOURCE PROTECTION PROGRAM.
(a) In General.--Title III of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6541 et seq.) is amended by adding at the end the
following:
``SEC. 303. WATER SOURCE PROTECTION PROGRAM.
``(a) Definitions.--In this section:
``(1) End water user.--The term `end water user' means a non-
Federal entity, including--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe;
``(D) a utility;
``(E) a municipal water system;
``(F) an irrigation district;
``(G) a nonprofit organization; and
``(H) a corporation.
``(2) Forest management activity.--The term `forest management
activity' means a project carried out by the Secretary on National
Forest System land.
``(3) Forest plan.--The term `forest plan' means a land
management plan prepared by the Forest Service for a unit of the
National Forest System pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604).
``(4) Non-federal partner.--The term `non-Federal partner'
means an end water user with whom the Secretary has entered into a
partnership agreement under subsection (c)(1).
``(5) Program.--The term `Program' means the Water Source
Protection Program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary of
Agriculture, acting through the Chief of the Forest Service.
``(7) Water source management plan.--The term `water source
management plan' means the water source management plan developed
under subsection (d)(1).
``(b) Establishment.--The Secretary shall establish and maintain a
program, to be known as the `Water Source Protection Program', to carry
out watershed protection and restoration projects on National Forest
System land.
``(c) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Program, the Secretary
may enter into water source investment partnership agreements with
end water users to protect and restore the condition of National
Forest watersheds that provide water to the end water users.
``(2) Form.--A partnership agreement described in paragraph (1)
may take the form of--
``(A) a memorandum of understanding;
``(B) a cost-share or collection agreement;
``(C) a long-term funding matching commitment; or
``(D) another appropriate instrument, as determined by the
Secretary.
``(d) Water Source Management Plan.--
``(1) In general.--In carrying out the Program, the Secretary,
in cooperation with the non-Federal partners and applicable State,
local, and Tribal governments, may develop a water source
management plan that describes the proposed implementation of
watershed protection and restoration projects under the Program.
``(2) Requirement.--A water source management plan shall be
conducted in a manner consistent with the forest plan applicable to
the National Forest System land on which the watershed protection
and restoration project is carried out.
``(3) Environmental analysis.--The Secretary may conduct a
single environmental impact statement or similar analysis required
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.)--
``(A) for each watershed protection and restoration project
included in the water source management plan; or
``(B) as part of the development of, or after the
finalization of, the water source management plan.
``(e) Forest Management Activities.--
``(1) In general.--To the extent that forest management
activities are necessary to protect, maintain, or enhance water
quality, and in accordance with paragraph (2), the Secretary shall
carry out forest management activities as part of watershed
protection and restoration projects carried out on National Forest
System land, with the primary purpose of--
``(A) protecting a municipal water supply system;
``(B) restoring forest health from insect infestations and
disease; or
``(C) any combination of the purposes described in
subparagraphs (A) and (B).
``(2) Compliance.--The Secretary shall carry out forest
management activities under paragraph (1) in accordance with--
``(A) this Act;
``(B) the applicable water source management plan;
``(C) the applicable forest plan; and
``(D) other applicable laws.
``(f) Endangered Species Act of 1973.--In carrying out the Program,
the Secretary may use the Manual on Adaptive Management of the
Department of the Interior, including any associated guidance, to
comply with the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
``(g) Funds and Services.--
``(1) In general.--In carrying out the Program, the Secretary
may accept and use funding, services, and other forms of investment
and assistance from non-Federal partners to implement the water
source management plan.
``(2) Matching funds required.--The Secretary shall require the
contribution of funds or in-kind support from non-Federal partners
to be in an amount that is at least equal to the amount of Federal
funds.
``(3) Manner of use.--The Secretary may accept and use
investments described in paragraph (1) directly or indirectly
through the National Forest Foundation.
``(4) Water source protection fund.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary may establish a Water Source
Protection Fund to match funds or in-kind support contributed
by non-Federal partners under paragraph (1).
``(B) Use of appropriated funds.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of
fiscal years 2019 through 2023.
``(C) Partnership agreements.--The Secretary may make
multiyear commitments, if necessary, to implement 1 or more
partnership agreements under subsection (c).''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 303 and
inserting the following:
``Sec. 303. Water Source Protection Program.''.
SEC. 8405. WATERSHED CONDITION FRAMEWORK.
(a) In General.--Title III of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6541 et seq.) (as amended by section 8404(a)) is
amended by adding at the end the following:
``SEC. 304. WATERSHED CONDITION FRAMEWORK.
``(a) In General.--The Secretary of Agriculture, acting through the
Chief of the Forest Service (referred to in this section as the
`Secretary'), may establish and maintain a Watershed Condition
Framework for National Forest System land--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire regime,
risk of catastrophic fire, forest and rangeland vegetation,
invasive species, and insects and disease; and
``(H) other significant factors, as determined by the
Secretary;
``(2) to identify for protection and restoration up to 5
priority watersheds in each National Forest, and up to 2 priority
watersheds in each national grassland, taking into consideration
the impact of the condition of the watershed condition on--
``(A) wildfire behavior;
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by the
Secretary;
``(3) to develop a watershed protection and restoration action
plan for each priority watershed that--
``(A) takes into account existing restoration activities
being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for the impaired
condition of the watershed;
``(ii) a set of essential projects that, once
completed, will address the identified stressors and
improve watershed conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize protection and restoration activities for
each watershed restoration action plan;
``(5) to implement each watershed protection and restoration
action plan; and
``(6) to monitor the effectiveness of protection and
restoration actions and indicators of watershed health.
``(b) Coordination.--In carrying out subsection (a), the Secretary
shall--
``(1) coordinate with interested non-Federal landowners and
State, Tribal, and local governments within the relevant watershed;
and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding paragraph (2) of
subsection (a), the Secretary may identify a watershed as a priority
for rehabilitation in the Watershed Condition Framework without using
the process described in that subsection if a Forest Supervisor
determines that--
``(1) a wildfire has significantly diminished the condition of
the watershed; and
``(2) the emergency stabilization activities of the Burned Area
Emergency Response Team are insufficient to return the watershed to
proper function.''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) (as amended by section 8404(b)) is amended by inserting after the
item relating to section 303 the following:
``Sec. 304. Watershed Condition Framework.''.
SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT
INFESTATIONS AND RELATED DISEASES.
(a) In General.--Section 406 of the Healthy Forests Restoration Act
of 2003 (16 U.S.C. 6556) is amended to read as follows:
``SEC. 406. TERMINATION OF EFFECTIVENESS.
``The authority provided by this title terminates effective October
1, 2023.''.
(b) Conforming Amendment.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by striking the item relating to section 406 and
inserting the following:
``Sec. 406. Termination of effectiveness.''.
SEC. 8407. HEALTHY FORESTS RESTORATION ACT OF 2003 AMENDMENTS.
(a) Healthy Forests Reserve Program.--
(1) Additional purpose of program.--Section 501(a) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6571(a)) is
amended--
(A) by striking ``and'' at the end of paragraph (2);
(B) by redesignating paragraph (3) as paragraph (4); and
(C) by inserting after paragraph (2) the following new
paragraph:
``(3) to conserve forest land that provides habitat for species
described in section 502(b); and''.
(2) Eligibility for enrollment.--Subsection (b) of section 502
of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572) is
amended to read as follows:
``(b) Eligibility.--To be eligible for enrollment in the healthy
forests reserve program, land shall be private forest land, or private
land being restored to forest land, the enrollment of which will
maintain, restore, enhance, or otherwise measurably--
``(1) increase the likelihood of recovery of a species that is
listed as endangered or threatened under section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533); or
``(2) improve the well-being of a species that--
``(A) is--
``(i) not listed as endangered or threatened under such
section; and
``(ii) a candidate for such listing, a State-listed
species, or a special concern species; or
``(B) is deemed a species of greatest conservation need by
a State wildlife action plan.''.
(3) Other enrollment considerations.--Section 502(c) of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6572(c)) is
amended--
(A) by striking ``and'' at the end of paragraph (1);
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following new
paragraph:
``(2) conserve forest land that provides habitat for species
described in subsection (b); and''.
(4) Elimination of limitation on use of easements.--Section
502(e) of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6572(e)) is amended by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2).
(5) Enrollment of acreage owned by an indian tribe.--Paragraph
(2) of section 502(e) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6572(e)) (as redesignated by paragraph (4)) is
amended, in subparagraph (B), by striking clauses (ii) and (iii)
and inserting the following new clauses:
``(ii) a 10-year cost-share agreement;
``(iii) a permanent easement; or
``(iv) any combination of the options described in
clauses (i) through (iii).''.
(6) Enrollment priority.--Section 502(f)(1)(B) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6572(f)(1)(B)) is
amended by striking clause (ii) and inserting the following:
``(ii)(I) are candidates for such listing, State-listed
species, or special concern species; or
``(II) are deemed a species of greatest conservation
need under a State wildlife action plan.''.
(7) Restoration plans.--Subsection (b) of section 503 of the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6573) is amended
to read as follows:
``(b) Practices.--The restoration plan shall require such
restoration practices and measures as are necessary to restore and
enhance habitat for species described in section 502(b), including the
following:
``(1) Land management practices.
``(2) Vegetative treatments.
``(3) Structural practices and measures.
``(4) Practices to increase carbon sequestration.
``(5) Practices to improve biological diversity.
``(6) Other practices and measures.''.
(8) Funding.--Section 508(b) of the Healthy Forests Restoration
Act of 2003 (16 U.S.C. 6578(b)) is amended--
(A) in the subsection heading, by striking ``Fiscal Years
2014 Through 2018'' and inserting ``Authorization of
Appropriations''; and
(B) by striking ``2018'' and inserting ``2023''.
(9) Technical correction.--Section 503(a) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6573(a)) is amended by
striking ``Secretary of Interior'' and inserting ``Secretary of the
Interior''.
(b) Insect and Disease Infestation.--
(1) Treatment of areas.--Section 602(d)(1) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(1)) is amended
by striking ``subsection (b) to reduce the risk or extent of, or
increase the resilience to, insect or disease infestation in the
areas.'' and inserting the following: ``subsection (b)--
``(A) to reduce the risk or extent of, or increase the
resilience to, insect or disease infestation; or
``(B) to reduce hazardous fuels.''.
(2) Extension of authority.--Section 602(d)(2) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6591a(d)(2)) is amended
by striking ``2018'' and inserting ``2023''.
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION OF TREATMENT
AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003 (16
U.S.C. 6591a) is amended by striking subsection (f).
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST INVENTORY
AND ANALYSIS.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C. 1642 note;
Public Law 113-79) is repealed.
SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.
Section 1243(d) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624) is amended by
striking ``annually'' and inserting ``for each of fiscal years 2019
through 2023''.
SEC. 8503. NATIONAL FOREST FOUNDATION ACT.
(a) Matching Funds.--Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking ``2018''
and inserting ``2023''.
(b) Authorization of Appropriations.--Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment and
Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law 109-54) is
amended by striking ``2016'' and inserting ``2023''.
Subtitle F--Forest Management
SEC. 8601. DEFINITION OF NATIONAL FOREST SYSTEM.
In this subtitle, 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)).
PART I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND MULE DEER
HABITAT.
(a) In General.--Title VI of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591 et seq.) is amended by adding at the end the
following:
``SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND MULE
DEER HABITAT.
``(a) Definitions.--In this section:
``(1) Covered vegetation management activity.--
``(A) In general.--The term `covered vegetation management
activity' means any activity described in subparagraph (B)
that--
``(i)(I) is carried out on National Forest System land
administered by the Forest Service; or
``(II) is carried out on public land administered by
the Bureau of Land Management;
``(ii) with respect to public land, meets the
objectives of the order of the Secretary of the Interior
numbered 3336 and dated January 5, 2015;
``(iii) conforms to an applicable forest plan or land
use plan;
``(iv) protects, restores, or improves greater sage-
grouse or mule deer habitat in a sagebrush steppe ecosystem
as described in--
``(I) Circular 1416 of the United States Geological
Survey entitled `Restoration Handbook for Sagebrush
Steppe Ecosystems with Emphasis on Greater Sage-Grouse
Habitat--Part 1. Concepts for Understanding and
Applying Restoration' (2015); or
``(II) the habitat guidelines for mule deer
published by the Mule Deer Working Group of the Western
Association of Fish and Wildlife Agencies;
``(v) will not permanently impair--
``(I) the natural state of the treated area;
``(II) outstanding opportunities for solitude;
``(III) outstanding opportunities for primitive,
unconfined recreation;
``(IV) economic opportunities consistent with
multiple-use management; or
``(V) the identified values of a unit of the
National Landscape Conservation System;
``(vi)(I) restores native vegetation following a
natural disturbance;
``(II) prevents the expansion into greater sage-grouse
or mule deer habitat of--
``(aa) juniper, pinyon pine, or other associated
conifers; or
``(bb) nonnative or invasive vegetation;
``(III) reduces the risk of loss of greater sage-grouse
or mule deer habitat from wildfire or any other natural
disturbance; or
``(IV) provides emergency stabilization of soil
resources after a natural disturbance; and
``(vii) provides for the conduct of restoration
treatments that--
``(I) maximize the retention of old-growth and
large trees, as appropriate for the forest type;
``(II) consider the best available scientific
information to maintain or restore the ecological
integrity, including maintaining or restoring
structure, function, composition, and connectivity;
``(III) are developed and implemented through a
collaborative process that--
``(aa) includes multiple interested persons
representing diverse interests; and
``(bb)(AA) is transparent and nonexclusive; or
``(BB) meets the requirements for a resource
advisory committee under subsections (c) through
(f) of section 205 of the Secure Rural Schools and
Community Self-Determination Act of 2000 (16 U.S.C.
7125); and
``(IV) may include the implementation of a proposal
that complies with the eligibility requirements of the
Collaborative Forest Landscape Restoration Program
under section 4003(b) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(b)).
``(B) Description of activities.--An activity referred to
in subparagraph (A) is--
``(i) manual cutting and removal of juniper trees,
pinyon pine trees, other associated conifers, or other
nonnative or invasive vegetation;
``(ii) mechanical mastication, cutting, or mowing,
mechanical piling and burning, chaining, broadcast burning,
or yarding;
``(iii) removal of cheat grass, medusa head rye, or
other nonnative, invasive vegetation;
``(iv) collection and seeding or planting of native
vegetation using a manual, mechanical, or aerial method;
``(v) seeding of nonnative, noninvasive, ruderal
vegetation only for the purpose of emergency stabilization;
``(vi) targeted use of an herbicide, subject to the
condition that the use shall be in accordance with
applicable legal requirements, Federal agency procedures,
and land use plans;
``(vii) targeted livestock grazing to mitigate
hazardous fuels and control noxious and invasive weeds;
``(viii) temporary removal of wild horses or burros in
the area in which the activity is being carried out to
ensure treatment objectives are met;
``(ix) in coordination with the affected permit holder,
modification or adjustment of permissible usage under an
annual plan of use of a grazing permit issued by the
Secretary concerned to achieve restoration treatment
objectives;
``(x) installation of new, or modification of existing,
fencing or water sources intended to control use or improve
wildlife habitat; or
``(xi) necessary maintenance of, repairs to,
rehabilitation of, or reconstruction of an existing
permanent road or construction of temporary roads to
accomplish the activities described in this subparagraph.
``(C) Exclusions.--The term `covered vegetation management
activity' does not include--
``(i) any activity conducted in a wilderness area or
wilderness study area;
``(ii) any activity for the construction of a permanent
road or permanent trail;
``(iii) any activity conducted on Federal land on
which, by Act of Congress or Presidential proclamation, the
removal of vegetation is restricted or prohibited;
``(iv) any activity conducted in an area in which
activities under subparagraph (B) would be inconsistent
with the applicable land and resource management plan; or
``(v) any activity conducted in an inventoried roadless
area.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect to public
land.
``(3) Temporary road.--The term `temporary road' means a road
that is--
``(A) authorized--
``(i) by a contract, permit, lease, other written
authorization; or
``(ii) pursuant to an emergency operation;
``(B) not intended to be part of the permanent
transportation system of a Federal department or agency;
``(C) not necessary for long-term resource management;
``(D) designed in accordance with standards appropriate for
the intended use of the road, taking into consideration--
``(i) safety;
``(ii) the cost of transportation; and
``(iii) impacts to land and resources; and
``(E) managed to minimize--
``(i) erosion; and
``(ii) the introduction or spread of invasive species.
``(b) Categorical Exclusion.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary concerned shall develop a
categorical exclusion (as defined in section 1508.4 of title 40,
Code of Federal Regulations (or a successor regulation)) for
covered vegetation management activities carried out to protect,
restore, or improve habitat for greater sage-grouse or mule deer.
``(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary concerned
shall--
``(A) comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
``(B) with respect to National Forest System land, apply
the extraordinary circumstances procedures under section 220.6
of title 36, Code of Federal Regulations (or successor
regulations), in determining whether to use the categorical
exclusion;
``(C) with respect to public land, apply the extraordinary
circumstances procedures under section 46.215 of title 43, Code
of Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion; and
``(D) consider--
``(i) the relative efficacy of landscape-scale habitat
projects;
``(ii) the likelihood of continued declines in the
populations of greater sage-grouse and mule deer in the
absence of landscape-scale vegetation management; and
``(iii) the need for habitat restoration activities
after wildfire or other natural disturbances.
``(c) Implementation of Covered Vegetative Management Activities
Within the Range of Greater Sage-grouse and Mule Deer.--If the
categorical exclusion developed under subsection (b) is used to
implement a covered vegetative management activity in an area within
the range of both greater sage-grouse and mule deer, the covered
vegetative management activity shall protect, restore, or improve
habitat concurrently for both greater sage-grouse and mule deer.
``(d) Long-term Monitoring and Maintenance.--Before commencing any
covered vegetation management activity that is covered by the
categorical exclusion under subsection (b), the Secretary concerned
shall develop a long-term monitoring and maintenance plan, covering at
least the 20-year period beginning on the date of commencement, to
ensure that management of the treated area does not degrade the habitat
gains secured by the covered vegetation management activity.
``(e) Disposal of Vegetative Material.--Subject to applicable local
restrictions, any vegetative material resulting from a covered
vegetation management activity that is covered by the categorical
exclusion under subsection (b) may be--
``(1) used for--
``(A) fuel wood; or
``(B) other products; or
``(2) piled or burned, or both.
``(f) Treatment for Temporary Roads.--
``(1) In general.--Notwithstanding subsection (a)(1)(B)(xi),
any temporary road constructed in carrying out a covered vegetation
management activity that is covered by the categorical exclusion
under subsection (b)--
``(A) shall be used by the Secretary concerned for the
covered vegetation management activity for not more than 2
years; and
``(B) shall be decommissioned by the Secretary concerned
not later than 3 years after the earlier of the date on which--
``(i) the temporary road is no longer needed; and
``(ii) the project is completed.
``(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
``(A) as soon as practicable; but
``(B) not later than 10 years after the date of completion
of the applicable covered vegetation management activity.
``(g) Limitations.--
``(1) Project size.--A covered vegetation management activity
that is covered by the categorical exclusion under subsection (b)
may not exceed 4,500 acres.
``(2) Location.--A covered vegetation management activity
carried out on National Forest System land that is covered by the
categorical exclusion under subsection (b) shall be limited to
areas designated under section 602(b), as of the date of enactment
of this section.''.
(b) Conforming Amendments.--The table of contents for the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6501 note; Public Law 108-
148) is amended by adding at the end of the items relating to title VI
the following:
``Sec. 602. Designation of treatment areas.
``Sec. 603. Administrative review.
``Sec. 604. Stewardship end result contracting projects.
``Sec. 605. Wildfire resilience projects.
``Sec. 606. Categorical exclusion for greater sage-grouse and mule deer
habitat.''.
PART II--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL PARCELS
OF NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3 of
Public Law 97-465 (commonly known as the ``Small Tract Act of 1983'')
(16 U.S.C. 521e) is amended in the matter preceding paragraph (1) by
striking ``$150,000'' and inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public Law 97-465
(16 U.S.C. 521e) (as amended by subsection (a)) is amended--
(1) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) parcels of 40 acres or less that are determined by the
Secretary--
``(A) to be physically isolated from other Federal land;
``(B) to be inaccessible; or
``(C) to have lost National Forest character;
``(5) parcels of 10 acres or less that are not eligible for
conveyance under paragraph (2) but are encroached on by a permanent
habitable improvement for which there is no evidence that the
encroachment was intentional or negligent; or
``(6) parcels used as a cemetery (including a parcel of not
more than 1 acre adjacent to the parcel used as a cemetery), a
landfill, or a sewage treatment plant under a special use
authorization issued or otherwise authorized by the Secretary.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-465 (16
U.S.C. 521d) is amended--
(1) in the matter preceding paragraph (1), by striking ``The
Secretary is authorized'' and inserting the following:
``(a) Conveyance Authority; Consideration.--The Secretary is
authorized'';
(2) in paragraph (2), in the second sentence, by striking ``The
Secretary shall insert'' and inserting the following:
``(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.--
``(1) In general.--The Secretary shall insert'';
(3) in subsection (b) (as so designated)--
(A) by striking ``convenants'' and inserting ``covenants'';
and
(B) in the second sentence by striking ``The preceding
sentence shall not'' and inserting the following:
``(2) Limitation.--Paragraph (1) shall not''; and
(4) by adding at the end the following:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from any
sale or exchange conducted under paragraph (4), (5), or (6) of
section 3 shall be deposited in the fund established under Public
Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a).
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended for--
``(A) the acquisition of land or interests in land for
administrative sites for the National Forest System in the
State from which the amounts were derived;
``(B) the acquisition of land or interests in land for
inclusion in the National Forest System in that State,
including land or interests in land that enhance opportunities
for recreational access; or
``(C) the reimbursement of the Secretary for costs incurred
in preparing a sale conducted under the authority of section 3
if the sale is a competitive sale.''.
SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C. 3851a) is
amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Termination of Effectiveness.--The authority provided to the
Secretary to carry out this section terminates effective October 1,
2023.''.
SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
(a) Definitions.--In this section:
(1) Administrative site.--
(A) In general.--The term ``administrative site'' means--
(i) any facility or improvement, including curtilage,
that was acquired or is used specifically for purposes of
administration of the National Forest System;
(ii) any Federal land that--
(I) is associated with a facility or improvement
described in clause (i) that was acquired or is used
specifically for purposes of administration of Forest
Service activities; and
(II) underlies or abuts the facility or
improvement; and
(iii) for each fiscal year, not more than 10 isolated,
undeveloped parcels of not more than 40 acres each.
(B) Exclusions.--The term ``administrative site'' does not
include--
(i) any land within a unit of the National Forest
System that is exclusively designated for natural area or
recreational purposes;
(ii) any land within--
(I) a component of the National Wilderness
Preservation System;
(II) a component of the National Wild and Scenic
Rivers System; or
(III) a National Monument; or
(iii) any Federal land that the Secretary determines--
(I) is needed for resource management purposes or
to provide access to other land or water; or
(II) would be in the public interest not to lease.
(2) Facility or improvement.--The term ``facility or
improvement'' includes--
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) any other administrative installation for conducting
Forest Service activities.
(3) Market analysis.--The term ``market analysis'' means the
identification and study of the market for a particular economic
good or service.
(b) Authorization.--The Secretary may lease an administrative site
that is under the jurisdiction of the Secretary in accordance with this
section.
(c) Identification of Eligible Sites.--A regional forester, in
consultation with forest supervisors in the region, may submit to the
Secretary a recommendation for administrative sites in the region that
the regional forester considers eligible for leasing under this
section.
(d) Consultation With Local Government and Public Notice.--Before
making an administrative site available for lease under this section,
the Secretary shall--
(1) consult with government officials of the community and of
the State in which the administrative site is located; and
(2) provide public notice of the proposed lease.
(e) Lease Requirements.--
(1) Size.--An administrative site or compound of administrative
sites under a single lease under this section may not exceed 40
acres.
(2) Configuration of administrative sites.--
(A) In general.--To facilitate the lease of an
administrative site under this section, the Secretary may
configure the administrative site--
(i) to maximize the marketability of the administrative
site; and
(ii) to achieve management objectives.
(B) Separate treatment of facility or improvement.--A
facility or improvement on an administrative site to be leased
under this section may be severed from the land and leased
under a separate lease under this section.
(3) Consideration.--
(A) In general.--A person to which a lease of an
administrative site is made under this section shall provide to
the Secretary consideration described in subparagraph (B) in an
amount that is not less than the market value of the
administrative site, as determined in accordance with
subparagraph (C).
(B) Form of consideration.--The consideration referred to
in subparagraph (A) may be--
(i) cash;
(ii) in-kind, including--
(I) the construction of new facilities or
improvements, the title to which shall be transferred
by the lessee to the Secretary;
(II) the maintenance, repair, improvement, or
restoration of existing facilities or improvements; and
(III) other services relating to activities that
occur on the administrative site, as determined by the
Secretary; or
(iii) any combination of the consideration described in
clauses (i) and (ii).
(C) Determination of market value.--
(i) In general.--The Secretary shall determine the
market value of an administrative site to be leased under
this section--
(I) by conducting an appraisal in accordance with--
(aa) the Uniform Appraisal Standards for
Federal Land Acquisitions established in accordance
with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42
U.S.C. 4601 et seq.); and
(bb) the Uniform Standards of Professional
Appraisal Practice; or
(II) by competitive lease.
(ii) In-kind consideration.--The Secretary shall
determine the market value of any in-kind consideration
under subparagraph (B)(ii).
(4) Conditions.--The lease of an administrative site under this
section shall be subject to such conditions, including bonding, as
the Secretary determines to be appropriate.
(5) Right of first refusal.--Subject to terms and conditions
that the Secretary determines to be necessary, the Secretary shall
offer to lease an administrative site to the municipality or county
in which the administrative site is located before seeking to lease
the administrative site to any other person.
(f) Relation to Other Laws.--
(1) Federal property disposal.--Chapter 5 of title 40, United
States Code, shall not apply to the lease of an administrative site
under this section.
(2) Lead-based paint and asbestos abatement.--
(A) In general.--Notwithstanding any provision of law
relating to the mitigation or abatement of lead-based paint or
asbestos-containing building materials, the Secretary shall not
be required to mitigate or abate lead-based paint or asbestos-
containing building materials with respect to an administrative
site to be leased under this section.
(B) Procedures.--With respect to an administrative site to
be leased under this section that has lead-based paint or
asbestos-containing building materials, the Secretary shall--
(i) provide notice to the person to which the
administrative site will be leased of the presence of the
lead-based paint or asbestos-containing building material;
and
(ii) obtain written assurance from that person that the
person will comply with applicable Federal, State, and
local laws relating to the management of lead-based paint
and asbestos-containing building materials.
(3) Environmental review.--The National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to the lease of an
administrative site under this section, except that, in any
environmental review or analysis required under that Act for the
lease of an administrative site under this section, the Secretary
shall be required only--
(A) to analyze the most reasonably foreseeable use of the
administrative site, as determined through a market analysis;
(B) to determine whether to include any conditions under
subsection (e)(4); and
(C) to evaluate the alternative of not leasing the
administrative site in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Compliance with local laws.--A person that leases an
administrative site under this section shall comply with all
applicable State and local zoning laws, building codes, and permit
requirements for any construction activities that occur on the
administrative site.
(g) Prohibition.--No agency of the Federal Government shall make
any cash payments to a leaseholder relating to the use or occupancy of
any administrative site or facility that has been improved under this
section.
(h) Congressional Notifications.--
(1) Anticipated use of authority.--As part of the annual budget
justification documents provided to the Committee on Appropriations
of the House of Representatives and the Committee on Appropriations
of the Senate, the Secretary shall include--
(A) a list of the anticipated leases to be made, including
the anticipated revenue that may be obtained, under this
section;
(B) a description of the intended use of any revenue
obtained under a lease under this section, including a list of
any projects that cost more than $500,000; and
(C) a description of accomplishments during previous years
using the authority of the Secretary under this section.
(2) Changes to lease list.--If the Secretary desires to lease
an administrative site under this section that is not included on a
list provided under paragraph (1)(A), the Secretary shall submit to
the congressional committees described in paragraph (3) a notice of
the proposed lease, including the anticipated revenue that may be
obtained from the lease.
(3) Use of authority.--Not less frequently than once each year,
the Secretary shall submit to the Committee on Agriculture, the
Committee on Appropriations, and the Committee on Natural Resources
of the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate a report
describing each lease made by the Secretary under this section
during the period covered by the report.
(i) Expiration of Authority.--
(1) In general.--The authority of the Secretary to make a lease
of an administrative site under this section expires on October 1,
2023.
(2) Effect on lease agreement.--Paragraph (1) shall not affect
the authority of the Secretary to carry out this section in the
case of any lease agreement that was entered into by the Secretary
before October 1, 2023.
SEC. 8624. GOOD NEIGHBOR AUTHORITY.
(a) Inclusion of Indian Tribes.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(A), by striking ``land and non-Federal
land'' and inserting ``land, non-Federal land, and land owned by an
Indian tribe'';
(2) in paragraph (5), by inserting ``or Indian tribe'' after
``affected State'';
(3) by redesignating paragraphs (6) through (8) as paragraphs
(7) through (9), respectively; and
(4) by inserting after paragraph (5) (as so redesignated) the
following:
``(6) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).''.
(b) Inclusion of Counties.--Section 8206 of the Agricultural Act of
2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``or county, as
applicable,'' after ``Governor'';
(B) by redesignating paragraphs (2) through (9) (as amended
by subsection (a)) as paragraphs (3) through (10),
respectively;
(C) by inserting after paragraph (1) the following:
``(2) County.--The term `county' means--
``(A) the appropriate executive official of an affected
county; or
``(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the affected
counties.''; and
(D) in paragraph (5) (as so redesignated), by inserting
``or county, as applicable,'' after ``Governor''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or county'' after
``Governor'';
(B) in paragraph (2)(A), by striking ``cooperative
agreement or contract entered into under subsection (a)'' and
inserting ``good neighbor agreement'';
(C) in paragraph (3), by inserting ``or county'' after
``Governor''; and
(D) by adding at the end the following:
``(4) Receipts.--Notwithstanding any other provision of law,
any payment made by a county to the Secretary under a project
conducted under a good neighbor agreement shall not be considered
to be monies received from National Forest System land or Bureau of
Land Management land, as applicable.''.
(c) Treatment of Revenue From Timber Sale Contracts.--Section
8206(b)(2) of the Agricultural Act of 2014 (16 U.S.C. 2113a(b)(2)) is
amended by adding at the end the following:
``(C) Treatment of revenue.--
``(i) In general.--Funds received from the sale of
timber by a Governor of a State under a good neighbor
agreement shall be retained and used by the Governor--
``(I) to carry out authorized restoration services
on Federal land under the good neighbor agreement; and
``(II) if there are funds remaining after carrying
out subclause (I), to carry out authorized restoration
services on Federal land within the State under other
good neighbor agreements.
``(ii) Termination of effectiveness.--The authority
provided by this subparagraph terminates effective October
1, 2023.''.
SEC. 8625. CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND ADJUSTMENT.
(a) Findings.--Congress finds that--
(1) certain National Forest System land in the State of Georgia
consists of isolated tracts that are inefficient to manage or have
lost their principal value for National Forest purposes;
(2) the disposal of that National Forest System land would be
in the public interest; and
(3) proceeds from the sale of National Forest System land under
subsection (b)(1) would be used best by the Forest Service to
purchase land for National Forest purposes in the State of Georgia.
(b) Land Conveyance Authority.--
(1) In general.--Under such terms and conditions as the
Secretary may prescribe, the Secretary may sell or exchange any or
all rights, title, and interest of the United States in and to the
National Forest System land described in paragraph (2)(A).
(2) Land authorized for disposal.--
(A) In general.--The National Forest System land referred
to in paragraph (1) is the 30 tracts of land totaling
approximately 3,841 acres that are generally depicted on the 2
maps entitled ``Priority Land Adjustments, State of Georgia,
U.S. Forest Service-Southern Region, Oconee and Chattahoochee
National Forests, U.S. Congressional Districts-8, 9, 10 & 14''
and dated September 24, 2013.
(B) Maps.--The maps described in subparagraph (A) shall be
on file and available for public inspection in the Office of
the Forest Supervisor, Chattahoochee-Oconee National Forest,
until such time as the land is sold or exchanged.
(C) Modification of boundaries.--The Secretary may modify
the boundaries of the National Forest System land described in
subparagraph (A) based on land management considerations.
(3) Form of conveyance.--
(A) Quitclaim deed.--The Secretary shall convey National
Forest System land sold or exchanged under paragraph (1) by
quitclaim deed.
(B) Reservations.--The Secretary may reserve any rights-of-
way or other rights or interests in National Forest System land
sold or exchanged under paragraph (1) that the Secretary
considers necessary for management purposes or to protect the
public interest.
(4) Valuation.--
(A) Market value.--The Secretary may not sell or exchange
National Forest System land under paragraph (1) for less than
market value, as determined by appraisal or through competitive
bid.
(B) Appraisal requirements.--Any appraisal under
subparagraph (A) shall be--
(i) consistent with the Uniform Appraisal Standards for
Federal Land Acquisitions or the Uniform Standards of
Professional Appraisal Practice; and
(ii) subject to the approval of the Secretary.
(5) Consideration.--
(A) Cash.--Consideration for a sale of National Forest
System land or equalization of an exchange under paragraph (1)
shall be paid in cash.
(B) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization payment
in excess of 25 percent of the value of any National Forest
System land exchanged under paragraph (1).
(6) Method of sale.--
(A) Options.--The Secretary may sell National Forest System
land under paragraph (1) at public or private sale, including
competitive sale by auction, bid, or otherwise, in accordance
with such terms, conditions, and procedures as the Secretary
determines are in the best interest of the United States.
(B) Solicitations.--The Secretary may--
(i) make public or private solicitations for the sale
or exchange of National Forest System land under paragraph
(1); and
(ii) reject any offer that the Secretary determines is
not adequate or not in the public interest.
(7) Brokers.--The Secretary may--
(A) use brokers or other third parties in the sale or
exchange of National Forest System land under paragraph (1);
and
(B) from the proceeds of a sale, pay reasonable commissions
or fees.
(c) Treatment of Proceeds.--
(1) Deposit.--Subject to subsection (b)(7)(B), the Secretary
shall deposit the proceeds of a sale or a cash equalization payment
received from the sale or exchange of National Forest System land
under subsection (b)(1) in the fund established under Public Law
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(2) Availability.--Subject to paragraph (3), amounts deposited
under paragraph (1) shall be available to the Secretary until
expended, without further appropriation, for the acquisition of
land for National Forest purposes in the State of Georgia.
(3) Private property protection.--Nothing in this section
authorizes the use of funds deposited under paragraph (1) to be
used to acquire land without the written consent of the owner of
the land.
SEC. 8626. TENNESSEE WILDERNESS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled ``Proposed
Wilderness Areas and Additions-Cherokee National Forest'' and dated
January 20, 2010.
(2) State.--The term ``State'' means the State of Tennessee.
(b) Additions to Cherokee National Forest.--
(1) Designation of wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of
Federal land in the Cherokee National Forest in the State are
designated as wilderness and as additions to the National
Wilderness Preservation System:
(A) Certain land comprising approximately 9,038 acres, as
generally depicted as the ``Upper Bald River Wilderness'' on
the Map and which shall be known as the ``Upper Bald River
Wilderness''.
(B) Certain land comprising approximately 348 acres, as
generally depicted as the ``Big Frog Addition'' on the Map and
which shall be incorporated in, and shall be considered to be a
part of, the Big Frog Wilderness.
(C) Certain land comprising approximately 630 acres, as
generally depicted as the ``Little Frog Mountain Addition NW''
on the Map and which shall be incorporated in, and shall be
considered to be a part of, the Little Frog Mountain
Wilderness.
(D) Certain land comprising approximately 336 acres, as
generally depicted as the ``Little Frog Mountain Addition NE''
on the Map and which shall be incorporated in, and shall be
considered to be a part of, the Little Frog Mountain
Wilderness.
(E) Certain land comprising approximately 2,922 acres, as
generally depicted as the ``Sampson Mountain Addition'' on the
Map and which shall be incorporated in, and shall be considered
to be a part of, the Sampson Mountain Wilderness.
(F) Certain land comprising approximately 4,446 acres, as
generally depicted as the ``Big Laurel Branch Addition'' on the
Map and which shall be incorporated in, and shall be considered
to be a part of, the Big Laurel Branch Wilderness.
(G) Certain land comprising approximately 1,836 acres, as
generally depicted as the ``Joyce Kilmer-Slickrock Addition''
on the Map and which shall be incorporated in, and shall be
considered to be a part of, the Joyce Kilmer-Slickrock
Wilderness.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and legal
descriptions of the wilderness areas designated by paragraph
(1) with the appropriate committees of Congress.
(B) Public availability.--The maps and legal descriptions
filed under subparagraph (A) shall be on file and available for
public inspection in the office of the Chief of the Forest
Service and the office of the Supervisor of the Cherokee
National Forest.
(C) Force of law.--The maps and legal descriptions filed
under subparagraph (A) shall have the same force and effect as
if included in this Act, except that the Secretary may correct
typographical errors in the maps and descriptions.
(3) Administration.--
(A) In general.--Subject to valid existing rights, the
Federal land designated as wilderness by paragraph (1) shall be
administered by the Secretary in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.), except that any reference in that
Act to the effective date of that Act shall be deemed to be a
reference to the date of enactment of this Act.
(B) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this section affects the jurisdiction of the State
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the wilderness
areas designated by paragraph (1).
SEC. 8627. KISATCHIE NATIONAL FOREST LAND CONVEYANCE.
(a) Finding.--Congress finds that it is in the public interest to
authorize the conveyance of certain Federal land in the Kisatchie
National Forest in the State of Louisiana for market value
consideration.
(b) Definitions.--In this section:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a corporation
incorporated under the laws of the State.
(2) State.--The term ``State'' means the State of Louisiana.
(c) Authorization of Conveyances, Kisatchie National Forest,
Louisiana.--
(1) Authorization.--
(A) In general.--Subject to valid existing rights and
paragraph (2), the Secretary may convey the Federal land
described in subparagraph (B) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(B) Description of land.--The Federal land referred to in
subparagraph (A) consists of--
(i) all Federal land within sec. 9, T. 10 N., R. 5 W.,
Winn Parish, Louisiana; and
(ii) a 2.16-acre parcel of Federal land located in the
SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish,
Louisiana, as depicted on a certificate of survey dated
March 7, 2007, by Glen L. Cannon, P.L.S. 4436.
(2) First right of purchase.--Subject to valid existing rights
and subsection (e), during the 1-year period beginning on the date
of enactment of this Act, on the provision of consideration by the
Collins Camp Properties to the Secretary, the Secretary shall
convey, by quitclaim deed, to Collins Camp Properties all right,
title, and interest of the United States in and to--
(A) the not more than 47.92 acres of Federal land
comprising the Collins Campsites within sec. 9, T. 10 N., R. 5
W., in Winn Parish, Louisiana, as generally depicted on a
certificate of survey dated February 28, 2007, by Glen L.
Cannon, P.L.S. 4436; and
(B) the parcel of Federal land described in paragraph
(1)(B)(ii).
(3) Terms and conditions.--The Secretary may--
(A) configure the Federal land to be conveyed under this
section--
(i) to maximize the marketability of the conveyance; or
(ii) to achieve management objectives; and
(B) establish any terms and conditions for the conveyances
under this section that the Secretary determines to be in the
public interest.
(4) Consideration.--Consideration for a conveyance of Federal
land under this section shall be--
(A) in the form of cash; and
(B) in an amount equal to the market value of the Federal
land being conveyed, as determined under paragraph (5).
(5) Market value.--The market value of the Federal land
conveyed under this section shall be determined--
(A) in the case of Federal land conveyed under paragraph
(2), by an appraisal that is--
(i) conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions; and
(ii) approved by the Secretary; or
(B) if conveyed by a method other than the methods
described in paragraph (2), by competitive sale.
(6) Hazardous substances.--
(A) In general.--In any conveyance of Federal land under
this section, the Secretary shall meet disclosure requirements
for hazardous substances, but shall otherwise not be required
to remediate or abate the substances.
(B) Effect.--Except as provided in subparagraph (A),
nothing in this subsection affects the application of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the
conveyances of Federal land.
(d) Proceeds From the Sale of Land.--The Secretary shall deposit
the proceeds of a conveyance of Federal land under subsection (c) in
the fund established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(e) Administration.--
(1) Costs.--As a condition of a conveyance of Federal land to
Collins Camp Properties under subsection (c), the Secretary shall
require Collins Camp Properties to pay at closing--
(A) reasonable appraisal costs; and
(B) the cost of any administrative and environmental
analyses required by law (including regulations).
(2) Permits.--
(A) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under subsection (c) shall
be accompanied by a written statement from each holder of a
Forest Service special use authorization with respect to the
Federal land that specifies that the holder agrees to
relinquish the special use authorization on the conveyance of
the Federal land to Collins Camp Properties.
(B) Special use authorizations.--If any holder of a special
use authorization described in subparagraph (A) fails to
provide a written authorization in accordance with that
subparagraph, the Secretary shall require, as a condition of
the conveyance, that Collins Camp Properties administer the
special use authorization according to the terms of the special
use authorization until the date on which the special use
authorization expires.
SEC. 8628. PURCHASE OF NATURAL RESOURCES CONSERVATION SERVICE PROPERTY,
RIVERSIDE COUNTY, CALIFORNIA.
(a) Findings.--Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of land in
Riverside, California, consisting of approximately 8.75 acres, more
specifically described in subsection (b)(1) (in this section
referred to as the ``property'').
(2) The property is under the jurisdiction of the Department of
Agriculture and has been variously used for research and plant
materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service of the Department of
Agriculture.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources Conservation
Service and the Riverside Corona Resource Conservation District,
which is a legal subdivision of the State of California under
section 9003 of the California Public Resources Code.
(5) The Conservation District wishes to purchase the property
and use it for conservation, environmental, and related educational
purposes.
(6) As provided in subsection (b), the purchase of the property
by the Conservation District would promote the conservation
education and related activities of the Conservation District and
result in savings to the Federal Government.
(b) Land Purchase, Natural Resources Conservation Service Property,
Riverside County, California.--
(1) Purchase authorized.--The Secretary shall sell and
quitclaim to the Riverside Corona Resource Conservation District
(in this section referred to as the ``Conservation District'') all
right, title, and interest of the United States in and to a parcel
of real property, including improvements thereon, that is located
at 4500 Glenwood Drive in Riverside, California, consists of
approximately 8.75 acres, and is administered by the Natural
Resources Conservation Service of the Department of Agriculture. As
necessary or desirable to facilitate the purchase of the property
under this subsection, the Secretary or the Conservation District
may survey all or portions of the property.
(2) Consideration.--As consideration for the purchase of the
property under this subsection, the Conservation District shall pay
to the Secretary an amount equal to the appraised value of the
property.
(3) Prohibition on reservation of interest.--The Secretary
shall not reserve any future interest in the property to be
conveyed under this subsection, except such interest as may be
acceptable to the Conservation District.
(4) Hazardous substances.--Notwithstanding section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid Waste
Disposal Act (42 U.S.C. 6901 et seq.), in the case of the property
purchased by the Conservation District under this subsection, the
Secretary shall be only required to meet the disclosure
requirements for hazardous substances, pollutants, or contaminants,
but shall otherwise not be required to remediate or abate any such
releases of hazardous substances, pollutants, or contaminants,
including petroleum and petroleum derivatives.
(5) Cooperative authority.--
(A) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
purchase of the property by the Conservation District under
this subsection, the Secretary may enter into leases, contracts
and cooperative agreements with the Conservation District.
(B) Sole source.--Notwithstanding sections 3105, 3301, and
3303 to 3305 of title 41, United States Code, or any other
provision of law, the Secretary may lease real property from
the Conservation District on a noncompetitive basis.
(C) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
SEC. 8629. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM.
(a) Waiver Authority.--Section 4003(d) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 7303(d)) is amended by adding at the
end the following:
``(4) Waiver.--
``(A) In general.--Subject to subparagraph (B), after
consulting with the advisory panel established under subsection
(e), if the Secretary determines that a proposal that has been
selected under paragraph (1) and is being carried out continues
to meet the eligibility criteria established by subsection (b),
the Secretary, on a case-by-case basis, may issue for the
proposal a 1-time extension of the 10-year period requirement
under paragraph (1)(B) of that subsection.
``(B) Limitation.--The extension described in subparagraph
(A)--
``(i) shall be for the shortest period of time
practicable to complete implementation of the proposal, as
determined by the Secretary; and
``(ii) shall not exceed 10 years.''.
(b) Waiver Limitation.--Section 4003(f)(4) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(f)(4)) is amended by adding
at the end the following:
``(C) Exception.--The limitation described in subparagraph
(B)(i) shall not apply to a proposal for which a 1-time
extension is granted under subsection (d)(4).''.
(c) 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''.
(d) Reporting Requirements.--Section 4003(h) of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303(h)) is amended--
(1) in paragraph (3), by striking ``and'' after the semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) the Committee on Agriculture, Nutrition, and Forestry of
the Senate;''; and
(5) by adding at the end the following:
``(6) the Committee on Agriculture of the House of
Representatives.''.
SEC. 8630. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) National forest system land.--
(A) In general.--The term ``National Forest System land''
means land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusions.--The term ``National Forest System land''
does not include--
(i) a National Grassland; or
(ii) a land utilization project on land designated as a
National Grassland and administered pursuant to sections
31, 32, and 33 of the Bankhead-Jones Farm Tenant Act (7
U.S.C. 1010, 1011, 1012).
(2) Passing wildfire.--The term ``passing wildfire'' means a
wildfire that originates outside of a right-of-way.
(3) Pilot program.--The term ``pilot program'' means the pilot
program established by the Secretary under subsection (b).
(4) Right-of-way.--The term ``right-of-way'' means a special
use authorization issued by the Forest Service allowing the
placement of utility infrastructure.
(5) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural gas
infrastructure, or related structures.
(b) Establishment.--
(1) In general.--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 those rights-of-way.
(2) Application.--The pilot program shall not apply in a right-
of-way described in paragraph (1).
(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 developed the utility
infrastructure protection prescriptions of the owner or operator in
coordination with Forest Service fire scientists or fire managers.
(d) Vegetation Management Projects.--
(1) In general.--A vegetation management project conducted
under the pilot program shall involve only limited vegetation
management activities that--
(A) shall create the least ground disturbance and least
disturbance to wildlife reasonably necessary to protect utility
infrastructure from passing wildfires based on applicable
models, including Forest Service fuel models;
(B) may include thinning and treatment of surface fuels,
ladder fuels, and activity fuels to create or maintain shaded
fuel breaks or other appropriate measures recommended by Forest
Service fire scientists or fire managers;
(C)(i) shall only be conducted on National Forest System
land; and
(ii) shall not--
(I) extend for more than 150 feet from the electric
transmission line for which the applicable participant has
a right-of-way; or
(II) comprise an overall width, for both sides of that
electric transmission line, that totals more than 200 feet;
and
(D) shall not be conducted on--
(i) a component of the National Wilderness Preservation
System;
(ii) a designated wilderness study area;
(iii) an inventoried roadless area; or
(iv) Federal land on which, by Act of Congress or
Presidential proclamation, the removal of vegetation is
restricted or prohibited.
(2) Approval.--Each vegetation management project described in
paragraph (1) shall be subject to approval by the Forest Service in
accordance with this section.
(3) Fire prevention.--In carrying out a vegetation management
project under the pilot program, a participant shall adhere to--
(A) Forest Service regulations relating to spark arresting
devices;
(B) Forest Service regulations limiting and prohibiting
certain activities conducted by contractors in an area, based
on weather conditions and fire danger;
(C) Forest Service regulations that apply to contractors
removing vegetation on National Forest System land pursuant to
a timber sale or stewardship contract, including regulations
relating to--
(i) protection of residual trees and timber damaged by
contractors;
(ii) protection measures needed for plants, animals,
cultural resources, and cave resources;
(iii) streamcourse protection and erosion control;
(iv) fire plans, precautions, and precautionary
periods;
(v) fire suppression costs; and
(vi) employment of eligible workers; and
(D) State regulations relating to the prevention of
wildfires and contractors removing vegetation.
(4) Treatment of slash.--In carrying out a vegetation
management project under the pilot program, a participant shall
treat any activity fuels in a manner that--
(A) is satisfactory to the Forest Service;
(B) does not result in a fire hazard; and
(C) reduces the risk of an insect or disease outbreak.
(e) Project Costs.--
(1) In general.--Except as provided in paragraph (2) and
subsection (f)(2), a participant in the pilot program shall be
responsible for all costs, as determined by the Secretary, incurred
in participating in the pilot program.
(2) Federal funding.--The Secretary may contribute funds for a
vegetation management project conducted under the pilot program if
the Secretary determines that the contribution is in the public
interest.
(f) Liability.--
(1) Activities within rights-of-way.--Participation in the
pilot program shall not affect any legal obligations or liability
standards that arise under the right-of-way for activities in the
right-of-way.
(2) Wildfires.--
(A) Operations fires.--
(i) In general.--With respect to fire suppression costs
for a wildfire caused by the operations of a participant in
the pilot program (other than an operation or activity of a
participant described in subparagraph (B) or (C)), the
participant shall reimburse the Forest Service for those
costs, subject to a maximum dollar amount to which the
Forest Service and the participant shall agree prior to the
commencement of the project.
(ii) Credit for actions by participants.--
(I) In general.--If a participant in the pilot
program provides actions, supplies, or equipment for
use to suppress a wildfire described in clause (i) or
at the request of the Forest Service, the cost of those
actions, supplies, or equipment shall be credited
toward the maximum dollar amount described in that
clause.
(II) Reimbursement.--If the actual cost of a
participant described in subclause (I) exceeds the
maximum dollar amount described in clause (i), the
Forest Service shall reimburse the participant for the
excess.
(B) Negligent fires.--
(i) In general.--Subject to clause (ii), if a wildfire
is caused by the negligence of a participant in the pilot
program, or an agent of the participant, including a
wildfire caused by smoking by persons engaged in the
operations of the participant, the participant shall bear
the cost of damages to Forest Service resources and the
fire suppression costs resulting from the wildfire.
(ii) Limitation.--Except as provided in clause (iii),
the costs borne by a participant under clause (i) shall not
exceed $500,000.
(iii) Failure to comply.--If the start or spread of a
wildfire described in clause (i) is caused by the failure
of the participant to comply with specific safety
requirements expressly imposed by the Forest Service as a
condition of conducting a vegetation management project
under the pilot program or by this section, the participant
shall bear the cost of damages to Forest Service resources
and the fire suppression costs resulting from the wildfire.
(C) Exceptions.--This paragraph shall not apply in the case
of a wildfire caused by the felling of a tree by a participant
in the pilot program, or an agent of the participant, onto an
electric transmission line.
(3) Effect.--Nothing in this subsection relieves a participant
in the pilot program of any liabilities to which the participant is
subject--
(A) under State laws; or
(B) with regard to damages to property other than Forest
Service property.
(g) Implementation.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall use the authority of the Secretary under other laws
(including regulations) to carry out the pilot program.
(2) Compliance with existing laws.--Except as provided in
paragraph (3), a vegetation management project under the pilot
program shall be--
(A) consistent with the applicable land management plan for
the area in which the project is located; and
(B) carried out in accordance with all applicable laws,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(3) Modification of regulations.--In order to implement the
pilot program in an efficient and expeditious manner, the Secretary
may waive or modify specific provisions of the Federal Acquisition
Regulation, including waivers or modifications to allow for the
formation of contracts or agreements on a noncompetitive basis.
(h) Treatment of Proceeds.--Notwithstanding any other provision of
law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use funds retained under paragraph (1), in such amounts as
may be appropriated, to carry out the pilot program.
(i) Report to Congress.--Not later than December 31, 2020, and 2
years thereafter, the Secretary shall submit a report describing the
status of the pilot program and vegetation management projects
conducted under the pilot program to--
(1) the Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources of the Senate; and
(2) the Committees on Agriculture and Natural Resources of the
House of Representatives.
(j) Duration.--The authority to carry out the pilot program,
including any vegetation management project conducted under the pilot
program, expires on October 1, 2023.
SEC. 8631. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND CONVEYANCE.
(a) Definition of Alliance.--In this section, the term ``Alliance''
means the Scenic Rivers Development Alliance.
(b) Request.--Subject to the requirements of this section, if the
Alliance submits a written request for conveyance by not later than 180
days after the date of enactment of this Act and the Secretary
determines that it is in the public interest to convey the National
Forest System Land described in subsection (c), the Secretary shall
convey to the Alliance all right, title, and interest of the United
States in and to the National Forest System land described in
subsection (c) by quitclaim deed through a public or private sale,
including a competitive sale by auction or bid.
(c) Description of National Forest System Land.--
(1) In general.--Subject to paragraph (2), the National Forest
System land referred to in subsection (b) is the approximately 150
acres of real property located in sec. 6, T. 5 N. R. 4 E., Franklin
County, Mississippi, and further described as--
(A) the portion of the NW\1/4\ NW\1/4\ lying south of the
south boundary of Berrytown Road;
(B) the portion of the W\1/2\ NE\1/4\ NW\1/4\ lying south
of the south boundary of Berrytown Road;
(C) the portion of the SW\1/4\ NW\1/4\ lying east of the
east boundary of U.S. Highway 98;
(D) the W\1/2\ SE\1/4\ NW\1/4\;
(E) the portion of the NW\1/4\ SW\1/4\ lying east of the
east boundary of U.S. Highway 98;
(F) the portion of the NE\1/4\ SW\1/4\ commencing at the
southwest corner of the NE\1/4\ SW\1/4\, said point being the
point of beginning, thence running east 330 feet along the
south boundary of the NE\1/4\ SW\1/4\ to a point in Lake
Okhissa, thence running northeasterly to a point in Lake
Okhissa on the east boundary of the NE\1/4\ SW\1/4\ 330 feet
south of the northeast corner thereof, thence running north 330
feet along the east boundary of the NE\1/4\ SW\1/4\ to the
northeast corner thereof, thence running west along the north
boundary of the NE\1/4\ SW\1/4\ to the NW corner thereof;
thence running south along the west boundary of the NE\1/4\
SW\1/4\ to the point of beginning; and
(G) the portion of the SE\1/4\ SE\1/4\ NW\1/4\ commencing
at the southeast corner of the SE\1/4\ NW\1/4\, said point
being the point of beginning, and running northwesterly to the
northwest corner of the SE\1/4\ SE1\/4\ NW\1/4\, thence running
south along the west boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to
the southwest corner thereof, thence running east along the
south boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to the point of
beginning.
(2) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under this section shall
be determined by a survey satisfactory to the Secretary.
(d) Consideration.--
(1) In general.--The consideration for the conveyance of any
National Forest System land under this section shall be--
(A) provided in the form of cash; and
(B) in an amount equal to the fair market value of the
National Forest System land being conveyed, as determined under
paragraph (2).
(2) Fair market value determination.--The fair market value of
the National Forest System land conveyed under this section shall
be determined--
(A) in the case of a method of conveyance described in
subsection (b), by an appraisal that is--
(i) conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions; and
(ii) approved by the Secretary; or
(B) in the case of a conveyance by a method other than a
method described in subsection (b), by competitive sale.
(e) Terms and Conditions.--The conveyance under this section shall
be subject to--
(1) valid existing rights; and
(2) such other terms and conditions as the Secretary considers
to be appropriate to protect the interests of the United States.
(f) Proceeds From Sale.--The Secretary shall deposit the proceeds
of the conveyance of any National Forest System land under this section
in the fund established under Public Law 90-171 (commonly known as the
``Sisk Act'') (16 U.S.C. 484a).
(g) Costs.--As a condition for the conveyance under this section,
the Secretary shall require the Alliance to pay at closing--
(1) any reasonable appraisal costs; and
(2) the costs of any administrative or environmental analysis
required by applicable law (including regulations).
SEC. 8632. REMOTE SENSING TECHNOLOGIES.
The Chief of the Forest Service shall--
(1) continue to find efficiencies in the operations of the
forest inventory and analysis program under section 3(e) of the
Forest and Rangeland Renewable Resources Research Act of 1978 (16
U.S.C. 1642(e)) through the improved use and integration of
advanced remote sensing technologies to provide estimates for
State- and national-level inventories, where appropriate; and
(2) partner with States and other interested stakeholders to
carry out the program described in paragraph (1).
PART III--TIMBER INNOVATION
SEC. 8641. DEFINITIONS.
In this part:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that uses
large panelized wood construction, including mass timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Research and Development deputy area and the
State and Private Forestry deputy area of the Forest Service.
(4) Tall wood building.--The term ``tall wood building'' means
a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 8642. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM FOR WOOD
BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-driven
research and development, education, and technical assistance for the
purpose of facilitating the use of innovative wood products in wood
building construction in the United States.
(b) Activities.--In carrying out subsection (a), the Secretary
shall--
(1) after receipt of input and guidance from, and collaboration
with, the wood products industry, conservation organizations, and
institutions of higher education, conduct research and development,
education, and technical assistance at the Forest Products
Laboratory or through the State and Private Forestry deputy area
that meets measurable performance goals for the achievement of the
priorities described in subsection (c); and
(2) after coordination and collaboration with the wood products
industry and conservation organizations, make competitive grants to
institutions of higher education to conduct research and
development, education, and technical assistance that meets
measurable performance goals for the achievement of the priorities
described in subsection (c).
(c) Priorities.--The research and development, education, and
technical assistance conducted under subsection (a) shall give priority
to--
(1) ways to improve the commercialization of innovative wood
products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
lifecycle environmental footprint, from extraction of raw materials
through the manufacturing process, of tall wood building
construction;
(4) analyzing methods to reduce the lifecycle environmental
footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on wildlife; and
(6) 1 or more other research areas identified by the Secretary,
in consultation with conservation organizations, institutions of
higher education, and the wood products industry.
(d) Timeframe.--To the maximum extent practicable, the measurable
performance goals for the research and development, education, and
technical assistance conducted under subsection (a) shall be achievable
within a 5-year timeframe.
SEC. 8643. WOOD INNOVATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a public or private entity (including a center of
excellence that consists of 1 or more partnerships between
forestry, engineering, architecture, or business schools at 1
or more institutions of higher education); or
(C) a State, local, or Tribal government.
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Chief of the Forest Service.
(b) Grant Program.--
(1) In general.--The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the notice
of the Secretary entitled ``Request for Proposals: 2016 Wood
Innovations Funding Opportunity'' (80 Fed. Reg. 63498 (October 20,
2015)), may make a wood innovation grant to 1 or more eligible
entities each year for the purpose of advancing the use of
innovative wood products.
(2) Proposals.--To be eligible to receive a grant under this
subsection, an eligible entity shall submit to the Secretary a
proposal at such time, in such manner, and containing such
information as the Secretary may require.
(c) Incentivizing Use of Existing Milling Capacity.--In selecting
among proposals of eligible entities under subsection (b)(2), the
Secretary shall give priority to proposals that include the use or
retrofitting (or both) of existing sawmill facilities located in
counties in which the average annual unemployment rate exceeded the
national average unemployment rate by more than 1 percent in the
previous calendar year.
(d) Matching Requirement.--As a condition of receiving a grant
under subsection (b), an eligible entity shall provide funds equal to
the amount received by the eligible entity under the grant, to be
derived from non-Federal sources.
SEC. 8644. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
Section 9013 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8113) is amended to read as follows:
``SEC. 9013. COMMUNITY WOOD ENERGY AND WOOD INNOVATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Community wood energy system.--
``(A) In general.--The term `community wood energy system'
means an energy system that--
``(i) produces thermal energy or combined thermal
energy and electricity where thermal is the primary energy
output;
``(ii) services public facilities owned or operated by
State or local governments (including schools, town halls,
libraries, and other public buildings) or private or
nonprofit facilities (including commercial and business
facilities, such as hospitals, office buildings, apartment
buildings, and manufacturing and industrial buildings); and
``(iii) uses woody biomass, including residuals--
``(I) that have not been adulterated with glue or
other chemical treatments from wood processing
facilities, as the primary fuel; and
``(II) for which the use of that biomass for energy
production does not cause conversion of forests to
nonforest use.
``(B) Inclusions.--The term `community wood energy system'
includes single-facility central heating, district heating
systems serving multiple buildings, combined heat and electric
systems where thermal energy is the primary energy output, and
other related biomass energy systems.
``(2) Innovative wood product facility.--The term `innovative
wood product facility' means a manufacturing or processing plant or
mill that produces--
``(A) building components or systems that use large
panelized wood construction, including mass timber;
``(B) wood products derived from nanotechnology or other
new technology processes, as determined by the Secretary; or
``(C) other innovative wood products that use low-value,
low-quality wood, as determined by the Secretary.
``(3) Mass timber.--The term `mass timber' includes--
``(A) cross-laminated timber;
``(B) nail-laminated timber;
``(C) glue-laminated timber;
``(D) laminated strand lumber; and
``(E) laminated veneer lumber.
``(4) Program.--The term `Program' means the Community Wood
Energy and Wood Innovation Program established under subsection
(b).
``(b) Competitive Grant Program.--The Secretary, acting through the
Chief of the Forest Service, shall establish a competitive grant
program to be known as the `Community Wood Energy and Wood Innovation
Program'.
``(c) Matching Grants.--
``(1) In general.--Under the Program, the Secretary shall make
grants to cover not more than 35 percent of the capital cost for
installing a community wood energy system or building an innovative
wood product facility.
``(2) Special circumstances.--The Secretary may establish
special circumstances, such as in the case of a community wood
energy system project or innovative wood product facility project
involving a school or hospital in a low-income community, under
which grants under the Program may cover up to 50 percent of the
capital cost.
``(3) Source of matching funds.--Matching funds required
pursuant to this subsection from a grant recipient shall be derived
from non-Federal funds.
``(d) Project Cap.--The total amount of grants under the Program
for a community wood energy system project or innovative wood product
facility project may not exceed--
``(1) in the case of grants under the general authority
provided under subsection (c)(1), $1,000,000; and
``(2) in the case of grants for which the special circumstances
apply under subsection (c)(2), $1,500,000.
``(e) Selection Criteria.--In selecting applicants for grants under
the Program, the Secretary shall consider the following:
``(1) The energy efficiency of the proposed community wood
energy system or innovative wood product facility.
``(2) The cost effectiveness of the proposed community wood
energy system or innovative wood product facility.
``(3) The extent to which the proposed community wood energy
system or innovative wood product facility represents the best
available commercial technology.
``(4) The extent to which the proposed community wood energy
system uses the most stringent control technology that has been
required or achieved in practice for a wood-fired boiler of similar
size and type.
``(5)(A) The extent to which the proposed community wood energy
system will displace conventional fossil fuel generation.
``(B) Whether the proposed community wood energy system
minimizes emission increases to the greatest extent possible.
``(6) The extent to which the proposed community wood energy
system will increase delivered thermal efficiency of the systems
replaced.
``(7) The extent to which the applicant has demonstrated a high
likelihood of project success by completing detailed engineering
and design work in advance of the grant application.
``(8) Other technical, economic, conservation, and
environmental criteria that the Secretary considers appropriate.
``(f) Grant Priorities.--In selecting applicants for grants under
the Program, the Secretary shall give priority to proposals that use
the most stringent control technology that has been required or
achieved in practice for a wood-fired boiler and--
``(1) would be carried out in a location where markets are
needed for the low-value, low-quality wood;
``(2) would be carried out in a location with limited access to
natural gas pipelines;
``(3) would include the use or retrofitting (or both) of
existing sawmill facilities located in a location where the average
annual unemployment rate exceeded the national average unemployment
rate by more than 1 percent during the previous calendar year; or
``(4) would be carried out in a location where the project will
aid with forest restoration.
``(g) Limitations.--
``(1) Capacity of community wood energy systems.--A community
wood energy system acquired with grant funds under the Program
shall not exceed nameplate capacity of 5 megawatts of thermal
energy or combined thermal and electric energy.
``(2) Funding for innovative wood product facilities.--Not more
than 25 percent of funds provided as grants under the Program for a
fiscal year may go to applicants proposing innovative wood product
facilities, unless the Secretary has received an insufficient
number of qualified proposals for community wood energy systems.
``(h) Funding.--There is authorized to be appropriated to carry out
the Program $25,000,000 for each of fiscal years 2019 through 2023.''.
Subtitle G--Other Matters
SEC. 8701. RURAL REVITALIZATION TECHNOLOGIES.
Section 2371(d)(2) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 8702. RESOURCE ADVISORY COMMITTEES.
Section 205 of the Secure Rural Schools and Community Self-
Determination Act of 2000 (16 U.S.C. 7125) is amended--
(1) in subsection (d)--
(A) in paragraph (1), by striking ``Each'' and inserting
``Except as provided in paragraph (6), each'';
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Committee'' and inserting ``Except as
provided in paragraph (6), committee''; and
(C) by adding at the end the following:
``(6) Committee composition waiver authority.--
``(A) Notice.--On notice from the applicable regional
forester that an adequate number of qualified candidates are
not interested or available to serve on a resource advisory
committee, the Secretary concerned shall publish a notice in
the Federal Register seeking candidates for the resource
advisory committee.
``(B) Modification of membership requirements.--If, by the
date that is 30 days after the date of publication of notice
under subparagraph (A), an inadequate number of qualified
candidates have applied to serve on a resource advisory
committee, the Secretary concerned may reduce--
``(i) the membership requirement under paragraph (1) to
not fewer than 9; and
``(ii) the membership requirements under subparagraphs
(A), (B), and (C) of paragraph (2) to 3 in each category
described in that paragraph, except that where a vacancy
exists on a resource advisory committee, the Secretary
concerned may not reject a qualified applicant from any
category.
``(C) Termination of authority.--The authority provided
under this paragraph terminates on October 1, 2023.''; and
(2) by adding at the end the following:
``(g) Regional Appointment Pilot Program.--
``(1) Definition of applicable designee.--In this subsection,
the term `applicable designee' means the applicable regional
forester.
``(2) Pilot program.--The Secretary concerned shall carry out a
pilot program (referred to in this subsection as the `pilot
program') to allow an applicable designee to appoint members of
resource advisory committees.
``(3) Geographic limitation.--The pilot program shall only
apply to resource advisory committees chartered in--
``(A) the State of Montana; and
``(B) the State of Arizona.
``(4) Responsibilities of applicable designee.--
``(A) Review.--Before appointing a member of a resource
advisory committee under the pilot program, an applicable
designee shall conduct the review and analysis that would
otherwise be conducted for an appointment to a resource
advisory committee if the pilot program was not in effect,
including any review and analysis with respect to civil rights
and budgetary requirements.
``(B) Savings clause.--Nothing in this subsection relieves
an applicable designee from any requirement developed by the
Secretary concerned for making an appointment to a resource
advisory committee that is in effect on the date of enactment
of this subsection, including any requirement for advertising a
vacancy.
``(5) Termination of effectiveness.--The authority provided
under this subsection terminates on October 1, 2023.
``(6) Report to congress.--Not later than the date that is 180
days after the date described in paragraph (5), the Secretary
concerned shall submit to Congress a report that includes--
``(A) with respect to appointments made under the pilot
program compared to appointments to resource advisory
committees not made under the pilot program, a description of
the extent to which--
``(i) appointments were faster or slower; and
``(ii) the requirements described in paragraph (4)
differ; and
``(B) a recommendation with respect to whether Congress
should terminate, continue, modify, or expand the pilot
program.''.
SEC. 8703. TRIBAL FOREST MANAGEMENT DEMONSTRATION PROJECT.
(a) In General.--The Secretary of the Interior and the Secretary
may carry out demonstration projects by which federally recognized
Indian Tribes or Tribal organizations may contract to perform
administrative, management, and other functions of programs of the
Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a et seq.) through
contracts entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304 et seq.).
(b) Requirements.--With respect to any contract or project carried
out under subsection (a)--
(1) on National Forest System land, the Secretary shall carry
out all functions delegated to the Secretary of the Interior under
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304 et seq.);
(2) the Secretary or the Secretary of the Interior, as
applicable, shall make any decisions required to be made under--
(A) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(B) the Tribal Forest Protection Act of 2004 (25 U.S.C.
3115a et seq.); and
(3) the contract or project shall be entered into under, and in
accordance with, section 403(b)(2) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5363(b)(2)).
SEC. 8704. TECHNICAL CORRECTIONS.
(a) Wildfire Suppression Funding and Forest Management Activities
Act.--
(1) In general.--The Wildfire Suppression Funding and Forest
Management Activities Act (Public Law 115-141) is amended--
(A) in section 102(a)(2), by striking ``the date of
enactment'' and inserting ``the date of the enactment''; and
(B) in section 401(a)(1), by inserting ``of 2000'' after
``Self-Determination Act''.
(2) Effective date.--The amendments made by paragraph (1) shall
take effect as if enacted as part of the Wildfire Suppression
Funding and Forest Management Activities Act (Public Law 115-141).
(b) Agricultural Act of 2014.--Section 8206(a) of the Agricultural
Act of 2014 (16 U.S.C. 2113a(a)) (as amended by section 8624(b)) is
amended--
(1) in paragraph (4)(B)(i)(II), by striking ``Good Neighbor
Authority Improvement Act'' and inserting ``Wildfire Suppression
Funding and Forest Management Activities Act''; and
(2) in paragraph (8), by striking ``Good Neighbor Authority
Improvement Act'' and inserting ``Wildfire Suppression Funding and
Forest Management Activities Act''.
SEC. 8705. STREAMLINING THE FOREST SERVICE PROCESS FOR CONSIDERATION OF
COMMUNICATIONS FACILITY LOCATION APPLICATIONS.
(a) Definitions.--In this section:
(1) Communications facility.--The term ``communications
facility'' includes--
(A) any infrastructure, including any transmitting device,
tower, or support structure, and any equipment, switches,
wiring, cabling, power sources, shelters, or cabinets,
associated with the licensed or permitted unlicensed wireless
or wireline transmission of writings, signs, signals, data,
images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting radio
frequency;
(ii) is designed to be operated, or is operating, from
a fixed location pursuant to authorization by the Federal
Communications Commission or is using duly authorized
devices that do not require individual licenses; and
(iii) is added to a tower, building, or other
structure.
(2) Communications site.--The term ``communications site''
means an area of covered land designated for communications uses.
(3) Communications use.--The term ``communications use'' means
the placement and operation of a communications facility.
(4) Communications use authorization.--The term
``communications use authorization'' means an easement, right-of-
way, lease, license, or other authorization to locate or modify a
communications facility on covered land by the Forest Service for
the primary purpose of authorizing the occupancy and use of the
covered land for communications use.
(5) Covered land.--The term ``covered land'' means National
Forest System land.
(6) Forest service.--The term ``Forest Service'' means the
United States Forest Service of the Department of Agriculture.
(7) Organizational unit.--The term ``organizational unit''
means, within the Forest Service--
(A) a regional office;
(B) the headquarters;
(C) a management unit; or
(D) a ranger district office.
(b) Regulations.--Notwithstanding section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) or section 606
of the Repack Airwaves Yielding Better Access for Users of Modern
Services Act of 2018 (Public Law 115-141), not later than 1 year after
the date of enactment of this Act, the Secretary shall issue
regulations--
(1) to streamline the process for considering applications to
locate or modify communications facilities on covered land;
(2) to ensure, to the maximum extent practicable, that the
process is uniform and standardized across the organizational units
of the Forest Service; and
(3) to require that the applications described in paragraph (1)
be considered and granted on a competitively neutral, technology
neutral, and non-discriminatory basis.
(c) Requirements.--The regulations issued under subsection (b)
shall include the following:
(1) Procedures for the tracking of applications described in
subsection (b)(1), including--
(A) identifying the number of applications--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application that is denied,
describing the reasons for the denial; and
(C) describing the amount of time between the receipt of an
application and the issuance of a final decision on an
application.
(2) Provision for minimum lease terms of not less than 15 years
for leases with respect to the location of communications
facilities on covered land.
(3) A structure of fees for--
(A) submitting an application described in subsection
(b)(1), based on the cost to the Forest Service of considering
such an application; and
(B) issuing communications use authorizations, based on the
cost to the Forest Service of any maintenance or other
activities required to be performed by the Forest Service as a
result of the location or modification of the communications
facility.
(4) Provision for prioritization or streamlining of the
consideration of applications to locate or modify communications
facilities on covered land in a previously disturbed right-of-way.
(d) Additional Considerations.--In issuing regulations under
subsection (b), the Secretary shall consider--
(1) how discrete reviews in considering an application
described in subsection (b)(1) can be conducted simultaneously,
rather than sequentially, by any organizational units of the Forest
Service that must approve the location or modification; and
(2) how to eliminate overlapping requirements among the
organizational units of the Forest Service with respect to the
location or modification of a communications facility on covered
land administered by those organizational units.
(e) Communication of Streamlined Process to Organizational Units.--
The Secretary shall, with respect to the regulations issued under
subsection (b)--
(1) communicate the regulations to the organizational units of
the Forest Service; and
(2) ensure that the organizational units of the Forest Service
follow the regulations.
(f) Deposit and Availability of Fees.--
(1) Special account.--The Secretary of the Treasury shall
establish a special account in the Treasury for the Forest Service
for the deposit of fees collected by the Forest Service under
subsection (c)(3) for communications use authorizations on covered
land granted, issued, or executed by the Forest Service.
(2) Requirements for fees collected.--Fees collected by the
Forest Service under subsection (c)(3) shall be--
(A) based on the costs described in subsection (c)(3); and
(B) competitively neutral, technology neutral, and
nondiscriminatory with respect to other users of the
communications site.
(3) Deposit of fees.--Fees collected by the Forest Service
under subsection (c)(3) shall be deposited in the special account
established for the Forest Service under paragraph (1).
(4) Availability of fees.--Amounts deposited in the special
account for the Forest Service shall be available, to the extent
and in such amounts as are provided in advance in appropriation
Acts, to the Secretary to cover costs incurred by the Forest
Service described in subsection (c)(3), including the following:
(A) Preparing needs assessments or other programmatic
analyses necessary to designate communications sites and issue
communications use authorizations.
(B) Developing management plans for communications sites.
(C) Training for management of communications sites.
(D) Obtaining or improving access to communications sites.
(5) No additional appropriations authorized.--Except as
provided in paragraph (4), no other amounts are authorized to be
appropriated to carry out this section.
(g) Savings Provisions.--
(1) Real property authorities.--Nothing in this section, or the
amendments made by this section, shall be construed as providing
any executive agency with any new leasing or other real property
authorities not existing prior to the date of enactment of this
Act.
(2) Effect on other laws.--Nothing in this section, or the
amendments made by this section, and no actions taken pursuant to
this section, or the amendments made by this section, shall impact
a decision or determination by any executive agency to sell,
dispose of, declare excess or surplus, lease, reuse, or redevelop
any Federal real property pursuant to title 40, United States Code,
the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303
note; Public Law 114-287), or any other law governing real property
activities of the Federal Government. No agreement entered into
pursuant to this section, or the amendments made by this section,
may obligate the Federal Government to hold, control, or otherwise
retain or use real property that may otherwise be deemed as excess,
surplus, or that could otherwise be sold, leased, or redeveloped.
SEC. 8706. REPORT ON WILDFIRE, INSECT INFESTATION, AND DISEASE
PREVENTION ON FEDERAL LAND.
Not later than 180 days after the date of the enactment of this Act
and every year thereafter, the Secretary and the Secretary of Interior
shall submit to the Committee on Agriculture of the House of
Representatives, the Committee on Natural Resources of the House of
Representatives, the Committee on Agriculture, Nutrition, and Forestry
of the Senate, and the Committee on Energy and Natural Resources of the
Senate a jointly written report on--
(1) the number of acres of Federal land treated by the
Secretary or the Secretary of the Interior for wildfire, insect
infestation, or disease prevention;
(2) the number of acres of Federal land categorized as a high
or extreme fire risk;
(3) the total timber production from Federal land;
(4) the number of acres and average fire intensity of wildfires
affecting Federal land treated for wildfire, insect infestation, or
disease prevention;
(5) the number of acres and average fire intensity of wildfires
affecting Federal land not treated for wildfire, insect
infestation, or disease prevention;
(6) the Federal response time for each fire on greater than
25,000 acres;
(7) the number of miles of roads and trails on Federal land in
need of maintenance;
(8) the number of miles of roads on Federal land in need of
decommissioning;
(9) the maintenance backlog, as of the date of the report, for
roads, trails, and recreational facilities on Federal land;
(10) other measures needed to maintain, improve, or restore
water quality on Federal land; and
(11) other measures needed to improve ecosystem function or
resiliency on Federal land.
SEC. 8707. WEST FORK FIRE STATION.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means Dolores County,
Colorado.
(2) West fork fire station conveyance parcel.--The term ``West
Fork Fire Station Conveyance Parcel'' means the parcel of
approximately 3.61 acres of National Forest System land in the
County, as depicted on the map entitled ``Map for West Fork Fire
Station Conveyance Parcel'' and dated November 21, 2017.
(b) Conveyance of West Fork Fire Station Conveyance Parcel, Dolores
County, Colorado.--
(1) In general.--On receipt of a request from the County and
subject to such terms and conditions as are mutually satisfactory
to the Secretary and the County, including such additional terms as
the Secretary determines to be necessary, the Secretary shall
convey to the County without consideration all right, title, and
interest of the United States in and to the West Fork Fire Station
Conveyance Parcel.
(2) Costs.--Any costs relating to the conveyance under
paragraph (1), including processing and transaction costs, shall be
paid by the County.
(3) Use of land.--The land conveyed to the County under
paragraph (1) shall be used by the County only for a fire station,
related infrastructure, and roads to facilitate access to and
through the West Fork Fire Station Conveyance Parcel.
(4) Reversion.--If any portion of the land conveyed under
paragraph (1) is used in a manner that is inconsistent with the use
described in paragraph (3), the land shall, at the discretion of
the Secretary, revert to the United States.
SEC. 8708. COMPETITIVE FORESTRY, NATURAL RESOURCES, AND ENVIRONMENTAL
GRANTS PROGRAM.
Section 1232 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (16 U.S.C. 582a-8) is amended--
(1) in subsection (a) by inserting ``or forest restoration''
after ``research''; and
(2) by amending subsection (c) to read as follows:
``(c) Priorities.--
``(1) Research.--In awarding the initial grants under
subsection (a) the Secretary shall give priority to applicants who
will use such grants for research concerning--
``(A) the biology of forest organisms, including
physiology, genetic mechanisms, and biotechnology;
``(B) ecosystem function and management, including forest
ecosystem research, biodiversity, forest productivity, pest
management, water resources, and alternative silvicultural
systems;
``(C) wood as a raw material, including forest products and
harvesting;
``(D) human forest interactions, including outdoor
recreation, public policy formulation, economics, sociology,
and administrative behavior;
``(E) international trade, competition, and cooperation
related to forest products;
``(F) alternative native crops, products, and services that
can be produced from renewable natural resources associated
with privately held forest lands;
``(G) viable economic production and marketing systems for
alternative natural resource products and services;
``(H) economic and environmental benefits of various
conservation practices on forest lands;
``(I) genetic tree improvement; and
``(J) market expansion.
``(2) Forest restoration.--Grants may be used to support
programs that restore forest tree species native to American
forests that may have suffered severe levels of mortality caused by
non-native insects, plant pathogens, or others pests.
``(A) Required component of forest restoration strategy.--
To receive a grant under this subsection, an eligible
institution shall demonstrate that it offers a program with a
forest restoration strategy that incorporates not less than one
of the following components:
``(i) Collection and conservation of native tree
genetic material.
``(ii) Production of propagules of native trees in
numbers large enough for landscape scale restoration.
``(iii) Site preparation of former of native tree
habitat.
``(iv) Planting of native tree seedlings.
``(v) Post-planting maintenance of native trees.
``(B) Award of grants.--The Secretary shall award
competitive grants under this subsection based on the degree to
which the applicant addresses the following criteria:
``(i) Risk posed to the forests of that State by non-
native pests, as measured by such factors as the number of
such pests present in the State.
``(ii) The proportion of the State's forest composed of
species vulnerable to non-native pests present in the
United States.
``(iii) The pests' rate of spread via natural or human-
assisted means.''.
TITLE IX--ENERGY
SEC. 9001. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101) is amended--
(1) in paragraph (4)(A), by striking ``agricultural materials''
and inserting ``agricultural materials, renewable chemicals,'';
(2) in paragraph (7)(A), by striking ``into biofuels and
biobased products; and'' and inserting the following: ``or an
intermediate ingredient or feedstock of renewable biomass into any
1 or more, or a combination, of--
``(i) biofuels;
``(ii) renewable chemicals; or
``(iii) biobased products; and''; and
(3) in paragraph (16)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``(B)'' and inserting ``(C)''; and
(ii) by striking ``that--'' in the matter preceding
clause (i) and all that follows through the period at the
end of clause (ii) and inserting ``that produces usable
energy from a renewable energy source.'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) Inclusions.--The term `renewable energy system'
includes--
``(i) distribution components necessary to move energy
produced by a system described in subparagraph (A) to the
initial point of sale; and
``(ii) other components and ancillary infrastructure of
a system described in subparagraph (A), such as a storage
system.''.
SEC. 9002. 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 (b)(2)(A), by adding at the end the
following:
``(iii) Renewable chemicals.--Not later than 180 days
after the date of enactment of this clause, the Secretary
shall update the criteria issued under clause (i) to
provide criteria for determining which renewable chemicals
may qualify to receive the label under paragraph (1).'';
(2) by amending subsection (f) to read as follows:
``(f) Manufacturers of Renewable Chemicals and Biobased Products.--
``(1) NAICS codes.--The Secretary and the Secretary of Commerce
shall jointly develop North American Industry Classification System
codes for--
``(A) renewable chemicals manufacturers; and
``(B) biobased products manufacturers.
``(2) National testing center registry.--The Secretary shall
establish a national registry of testing centers for biobased
products that will serve biobased product manufacturers.'';
(3) by redesignating subsections (h) through (j) as subsections
(j) through (l), respectively;
(4) by inserting after subsection (g) the following:
``(h) Streamlining.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish
guidelines for an integrated process under which biobased products
may be, in 1 expedited approval process--
``(A) determined to be eligible for a Federal procurement
preference under subsection (a); and
``(B) approved to use the `USDA Certified Biobased Product'
label under subsection (b).
``(2) Initiation.--The Secretary shall ensure that a review of
a biobased product under the integrated qualification process
established pursuant to paragraph (1) may be initiated on receipt
of a recommendation or petition from a manufacturer, vendor, or
other interested party.
``(3) Product designations.--The Secretary may issue a product
designation pursuant to subsection (a)(3)(B), or approve the use of
the `USDA Certified Biobased Product' label under subsection (b),
through streamlined procedures, which shall not be subject to
chapter 7 of title 5, United States Code.
``(i) 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.'';
(5) in subsection (k) (as so redesignated)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2), by striking ``$2,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$3,000,000 for
each of fiscal years 2019 through 2023''; and
(6) by adding at the end the following:
``(m) Rural Development Mission Area.--In carrying out this
section, except as provided in subsection (g), the Secretary shall act
through the rural development mission area.''.
SEC. 9003. 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'' and inserting the following: ``produces any 1 or
more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product; and''; and
(B) in subparagraph (B), by striking ``produces an advanced
biofuel.'' and inserting the following: ``produces any 1 or
more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(iii) $50,000,000 for fiscal year 2019; and
``(iv) $25,000,000 for fiscal year 2020.''; and
(B) in paragraph (2), by striking ``2018'' and inserting
``2023''.
SEC. 9004. REPOWERING ASSISTANCE PROGRAM.
Section 9004 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8104) is repealed.
SEC. 9005. BIOENERGY PROGRAM FOR ADVANCED BIOFUELS.
Section 9005 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8105) is amended--
(1) in subsection (e)--
(A) by striking ``The Secretary may'' and inserting the
following new paragraph:
``(1) Amount.--The Secretary shall''; and
(B) by adding at the end the following new paragraph:
``(2) Feedstock.--The total amount of payments made in a fiscal
year under this section to one or more eligible producers for the
production of advanced biofuels derived from a single eligible
commodity, including intermediate ingredients of that single
commodity or use of that single commodity and its intermediate
ingredients in combination with another commodity, shall not exceed
one-third of the total amount of funds made available under
subsection (g).''; and
(2) in subsection (g)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``and'' at the
end;
(ii) in subparagraph (E), by striking the period at the
end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) $7,000,000 for each of fiscal years 2019 through
2023.''; and
(B) in paragraph (2), by striking ``2014 through 2018'' and
inserting ``2019 through 2023''.
SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8106(d)) is amended to read as follows:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8107) is amended--
(1) in subsection (c)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--
``(A) Assistance.--In addition to any similar authority,
the Secretary shall provide--
``(i) loan guarantees and grants to agricultural
producers and rural small businesses--
``(I) to purchase renewable energy systems,
including systems that may be used to produce and sell
electricity; and
``(II) to make energy efficiency improvements; and
``(ii) loan guarantees to agricultural producers to
purchase and install energy efficient equipment or systems
for agricultural production or processing that exceed--
``(I) energy efficiency building codes, if
applicable;
``(II) Federal or State energy efficiency
standards, if applicable; and
``(III) other energy efficiency standards
determined appropriate by the Secretary.
``(B) Limitations.--With respect to loan guarantees under
subparagraph (A)(ii)--
``(i) if no codes or standards described in such
subparagraph apply to the energy efficient equipment or
system to be purchased or installed pursuant to such
subparagraph, the Secretary shall require, to the maximum
extent practicable, such equipment or system to meet the
same efficiency measurements as the most efficient
available equipment or system in the market; and
``(ii) the Secretary shall not provide such a loan
guarantee for the purchase or installation of any energy
efficient equipment or system unless more than one type of
such equipment or system is available in the market.''; and
(B) in paragraph (3), by adding at the end the following:
``(D) Loan guarantees for energy efficient equipment to
agricultural producers.--Using funds made available under
paragraphs (1) and (3) of subsection (f), in each fiscal year
the Secretary may use for loan guarantees under paragraph
(1)(A)(ii) an amount that does not exceed 15 percent of such
funds.'';
(2) in subsection (e), by striking ``subsection (g)'' each
place it appears and inserting ``subsection (f)'';
(3) by striking subsection (f) and redesignating subsection (g)
as subsection (f); and
(4) in subsection (f)(3) (as so redesignated), by striking
``2014 through 2018'' and inserting ``2019 through 2023''.
SEC. 9008. 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. 9009. FEEDSTOCK FLEXIBILITY.
Section 9010(b) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8110(b)) is amended--
(1) in paragraph (1)(A), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)(A), by striking ``2018'' and inserting
``2023''.
SEC. 9010. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8111) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (B)--
(i) in clause (ii)(II), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) algae.''; and
(B) in subparagraph (C)--
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through (vii) as
clauses (iv) through (vi), respectively; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $25,000,000 for each of
fiscal years 2019 through 2023.''; and
(B) by amending paragraph (3) to read as follows:
``(3) Technical assistance.--Effective for fiscal year 2014 and
each subsequent fiscal year, funds made available under this
subsection shall be available for the provision of technical
assistance with respect to activities authorized under this
section.''.
SEC. 9011. CARBON UTILIZATION AND BIOGAS 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 AND BIOGAS 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 section 501(a) of that Code; or
``(ii) an institution of higher education (as defined
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)));
``(B) has demonstrated knowledge about--
``(i) sequestration and utilization of carbon dioxide;
or
``(ii) aggregation of organic waste from multiple
sources into a single biogas system; and
``(C) has a demonstrated ability to conduct educational and
technical support programs.
``(b) Establishment.--The Secretary, in consultation with the
Secretary of Energy, shall make competitive grants to eligible
entities--
``(1) to provide education to the public about the economic and
emissions benefits of permanent sequestration or utilization of
carbon dioxide with a primary objective of providing benefits and
opportunities for rural businesses, rural communities, and
utilities serving rural communities; or
``(2) to provide education to agricultural producers and other
stakeholders about opportunities for aggregation of organic waste
from multiple sources into a single biogas system.
``(c) Funding.--There are authorized to be appropriated for each of
fiscal years 2019 through 2023--
``(1) $1,000,000 to carry out subsection (b)(1); and
``(2) $1,000,000 to carry out subsection (b)(2).''.
TITLE X--HORTICULTURE
SEC. 10101. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 1622b(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 10102. LOCAL AGRICULTURE MARKET PROGRAM.
(a) Purpose.--The purpose of this section is to combine the
purposes and coordinate the functions, as in effect on the day before
the date of enactment of this Act, of--
(1) the Farmers' Market and Local Food Promotion Program
established under section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005); and
(2) the value-added agricultural product market development
grants under section 231(b) of the Agricultural Risk Protection Act
of 2000 (7 U.S.C. 1632a(b)).
(b) Local Agriculture Market Program.--Subtitle A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended
by adding at the end the following:
``SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning farmer
or rancher' has the meaning given the term in section 343(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)).
``(2) Direct producer-to-consumer marketing.--The term `direct
producer-to-consumer marketing' has the meaning given the term
`direct marketing from farmers to consumers' in section 3 of the
Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3002).
``(3) 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)).
``(4) Food council.--The term `food council' means a food
policy council or food and farm system network, as determined by
the Secretary, that--
``(A) represents--
``(i) multiple organizations involved in the
production, processing, and consumption of food; and
``(ii) local, Tribal, or State governments; and
``(B) addresses food and farm-related issues and needs
within city, county, State, Tribal region, multicounty region,
or other region designated by the food council or food system
network.
``(5) Majority-controlled producer-based business venture.--
``(A) In general.--The term `majority-controlled producer-
based business venture' means a venture greater than 50 percent
of the ownership and control of which is held by--
``(i) 1 or more producers; or
``(ii) 1 or more entities, 100 percent of the ownership
and control of which is held by 1 or more producers.
``(B) Entity described.--For purposes of subparagraph (A),
the term `entity' means--
``(i) a partnership;
``(ii) a limited liability corporation;
``(iii) a limited liability partnership; and
``(iv) a corporation.
``(6) Mid-tier value chain.--The term `mid-tier value chain'
means a local or regional supply network that links independent
producers with businesses and cooperatives that market value-added
agricultural products in a manner that--
``(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and ranches
that are structured as a family farm; and
``(B) obtains agreement from an eligible agricultural
producer group, farmer or rancher cooperative, or majority-
controlled producer-based business venture that is engaged in
the value chain on a marketing strategy.
``(7) Partnership.--The term `partnership' means a partnership
entered into under an agreement between--
``(A) 1 or more eligible partners (as defined in subsection
(e)(1)); and
``(B) 1 or more eligible entities (as defined in subsection
(e)(1)).
``(8) Program.--The term `Program' means the Local Agriculture
Market Program established under subsection (b).
``(9) 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.
``(10) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(11) 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)).
``(12) Value-added agricultural product.--The term `value-added
agricultural product' means any agricultural commodity or product
that--
``(A)(i) has undergone a change in physical state;
``(ii) was produced in a manner that enhances the value of
the agricultural commodity or product, as demonstrated through
a business plan that shows the enhanced value, as determined by
the Secretary;
``(iii) is physically segregated in a manner that results
in the enhancement of the value of the agricultural commodity
or product;
``(iv) is a source of farm- or ranch-based renewable
energy, including E-85 fuel; or
``(v) is aggregated and marketed as a locally produced
agricultural food product; and
``(B) as a result of the change in physical state or the
manner in which the agricultural commodity or product was
produced, marketed, or segregated--
``(i) the customer base for the agricultural commodity
or product is expanded; and
``(ii) a greater portion of the revenue derived from
the marketing, processing, or physical segregation of the
agricultural commodity or product is available to the
producer of the commodity or product.
``(13) Veteran farmer or rancher.--The term `veteran farmer or
rancher' has the meaning given the term in section 2501(a) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)).
``(b) Establishment and Purpose.--The Secretary shall establish a
program, to be known as the `Local Agriculture Market Program', that--
``(1) supports the development, coordination, and expansion
of--
``(A) direct producer-to-consumer marketing;
``(B) local and regional food markets and enterprises; and
``(C) value-added agricultural products;
``(2) connects and cultivates regional food economies through
public-private partnerships;
``(3) supports the development of business plans, feasibility
studies, and strategies for value-added agricultural production and
local and regional food system infrastructure;
``(4) strengthens capacity and regional food system development
through community collaboration and expansion of mid-tier value
chains;
``(5) improves income and economic opportunities for producers
and food businesses through job creation; and
``(6) simplifies the application processes and the reporting
processes for the Program.
``(c) Administration.--In administering the Program, the Secretary
shall--
``(1) streamline the Program to better support the activities
carried out by the recipient of a grant under the Program;
``(2) connect producers with local food markets and value-added
agricultural product opportunities;
``(3) partner with cooperative extension services, as
appropriate, to provide Program technical assistance and outreach
to Program stakeholders; and
``(4) ensure that the Rural Business-Cooperative Service and
Agricultural Marketing Service provide Program technical assistance
and outreach to Program stakeholders.
``(d) Grants.--
``(1) In general.--Under the Program, the Secretary may, using
funds made available under subsection (i), provide grants for each
of fiscal years 2019 through 2023, in accordance with the purposes
of the Program described in subsection (b), for the conduct of
activities described in paragraph (2).
``(2) Eligible activities.--The recipient of a grant may use a
grant provided under paragraph (1)--
``(A) to support and promote--
``(i) domestic direct producer-to-consumer marketing;
``(ii) farmers' markets;
``(iii) roadside stands;
``(iv) agritourism activities,
``(v) community-supported agriculture programs; or
``(vi) online sales;
``(B) to support local and regional food business
enterprises that engage as intermediaries in indirect producer-
to-consumer marketing;
``(C) to support the processing, aggregation, distribution,
and storage of--
``(i) local and regional food products that are
marketed locally or regionally; and
``(ii) value-added agricultural products;
``(D) to encourage the development of value-added
agricultural products;
``(E) to assist with business development plans and
feasibility studies;
``(F) to develop marketing strategies for producers of
local food products and value-added agricultural products in
new and existing markets;
``(G) to facilitate regional food chain coordination and
mid-tier value chain development;
``(H) to promote new business opportunities and marketing
strategies to reduce on-farm food waste;
``(I) to respond to changing technology needs in direct
producer-to-consumer marketing; or
``(J) to cover expenses relating to costs incurred in--
``(i) obtaining food safety certification; and
``(ii) making changes and upgrades to practices and
equipment to improve food safety.
``(3) Criteria and guidelines.--
``(A) In general.--The Secretary shall establish criteria
and guidelines for the submission, evaluation, and funding of
proposed projects under paragraph (1) as the Secretary
determines are appropriate.
``(B) Producer or food business benefits.--
``(i) In general.--Except as provided in clause (ii),
an application submitted for a grant under paragraph (1)
shall include a description of the direct or indirect
producer or food business benefits intended by the
applicant to result from the proposed project within a
reasonable period of time after the receipt of the grant.
``(ii) Exception.--Clause (i) shall not apply to a
planning or feasibility project.
``(4) Amount.--Unless otherwise determined by the Secretary,
the amount of a grant under this subsection shall be not more than
$500,000.
``(5) Value-added producer grants.--In the case of a grant
provided under paragraph (1) to an eligible entity described in
subparagraph (B), 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) Eligible entities.--An entity shall be eligible for a
grant under this paragraph if the entity is--
``(i) an independent producer (as determined by the
Secretary) of a value-added agricultural product; or
``(ii) an agricultural producer group, farmer or
rancher cooperative, or majority-controlled producer-based
business venture (as determined by the Secretary).
``(C) Priorities.--The Secretary shall give priority to
applications--
``(i) in the case of an application submitted by a
producer, that are submitted by, or serve--
``(I) beginning farmers or ranchers;
``(II) socially disadvantaged farmers or ranchers;
``(III) operators of small or medium sized farms or
ranches that are structured as family farms; or
``(IV) veteran farmers or ranchers; and
``(ii) in the case of an application submitted by an
eligible entity described in subparagraph (B)(ii), that
provide the greatest contribution to creating or increasing
marketing opportunities for producers described in
subclauses (I) through (IV) of clause (i).
``(D) Limitation on use of funds.--
``(i) In general.--Except as provided in clause (ii),
an eligible entity described in subparagraph (B) may not
use a grant for the purchase or construction of a building,
general purpose equipment, or structure.
``(ii) Exception.--An eligible entity described in
subparagraph (B) may use not more than $6,500 of the amount
of a grant for an eligible activity described in paragraph
(2)(J) to purchase or upgrade equipment to improve food
safety.
``(E) Matching funds.--An eligible entity described in
subparagraph (B) receiving a grant shall contribute an amount
of non-Federal funds that is at least equal to the amount of
Federal funds received.
``(6) Farmers' markets and local food promotion program.--In
the case of a grant provided under paragraph (1) to an eligible
entity described in subparagraph (B), 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) Eligible entities.--An entity shall be eligible to
receive a grant under this paragraph if the entity is--
``(i) an agricultural cooperative or other agricultural
business entity or a producer network or association,
including a community-supported agriculture network or
association;
``(ii) a local or Tribal government;
``(iii) a nonprofit corporation;
``(iv) a public benefit corporation;
``(v) an economic development corporation;
``(vi) a regional farmers' market authority;
``(vii) a food council; or
``(viii) such other entity as the Secretary may
designate.
``(C) Priorities.--The Secretary shall give priority to
applications that--
``(i) benefit underserved communities, including
communities that are located in areas of concentrated
poverty with limited access to fresh locally or regionally
grown food; or
``(ii) are used to carry out eligible activities under
a partnership agreement under subsection (e) and have not
received benefits from the Program in the recent past.
``(D) Limitation on use of funds.--
``(i) In general.--Except as provided in clause (ii),
an eligible entity described in subparagraph (B) may not
use a grant for the purchase or construction of a building,
general purpose equipment, or structure.
``(ii) Exception.--An eligible entity described in
subparagraph (B) may use not more than $6,500 of the amount
of a grant for an eligible activity described in paragraph
(2)(J) to purchase or upgrade equipment to improve food
safety.
``(E) Matching funds.--An eligible entity described in
subparagraph (B) receiving a grant shall provide matching funds
in the form of cash or an in-kind contribution in an amount
that is equal to 25 percent of the total amount of the Federal
portion of the grant.
``(e) Partnerships.--
``(1) Definitions.--In this subsection:
``(A) Eligible entity.--The term `eligible entity' means--
``(i) a producer;
``(ii) a producer network or association;
``(iii) a farmer or rancher cooperative;
``(iv) a majority-controlled producer-based business
venture;
``(v) a food council;
``(vi) a local or Tribal government;
``(vii) a nonprofit corporation;
``(viii) an economic development corporation;
``(ix) a public benefit corporation;
``(x) a community-supported agriculture network or
association; and
``(xi) a regional farmers' market authority.
``(B) Eligible partner.--The term `eligible partner'
means--
``(i) a State agency or regional authority;
``(ii) a philanthropic organization;
``(iii) a private corporation;
``(iv) an institution of higher education;
``(v) a commercial, Federal, or Farm Credit System
lending institution; and
``(vi) another entity, as determined by the Secretary.
``(2) Grants to support partnerships.--
``(A) In general.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service, in
accordance with the purposes of the Program described in
subsection (b), shall, using funds made available under
subsection (i), provide grants for each of fiscal years 2019
through 2023 to support partnerships to plan and develop a
local or regional food system.
``(B) Geographical diversity.--To the maximum extent
practicable, the Secretary shall ensure geographical diversity
in selecting partnerships to receive grants under subparagraph
(A).
``(3) Authorities of partnerships.--A partnership receiving a
grant under paragraph (2) may--
``(A) determine the scope of the regional food system to be
developed, including goals, outreach objectives, and eligible
activities to be carried out;
``(B) determine the local, regional, State, multi-State, or
other geographic area covered;
``(C) create and conduct a feasibility study,
implementation plan, and assessment of eligible activities
under the partnership agreement;
``(D) conduct outreach and education to other eligible
entities and eligible partners for potential participation in
the partnership agreement and eligible activities;
``(E) describe measures to be taken through the partnership
agreement to obtain funding for the eligible activities to be
carried out under the partnership agreement;
``(F) at the request of a producer or eligible entity
desiring to participate in eligible activities under the
partnership agreement, act on behalf of the producer or
eligible entity in applying for a grant under subsection (d);
``(G) monitor, evaluate, and periodically report to the
Secretary on progress made toward achieving the objectives of
eligible activities under the partnership agreement; or
``(H) at the conclusion of the partnership agreement,
submit to the Secretary a report describing--
``(i) the results and effects of the partnership
agreement; and
``(ii) funds provided under paragraph (4).
``(4) Contribution.--A partnership receiving a grant under
paragraph (2) shall provide funding in an amount equal to not less
than 25 percent of the total amount of the Federal portion of the
grant.
``(5) Applications.--
``(A) In general.--To be eligible to receive a grant under
paragraph (2), a partnership shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary considers necessary to evaluate
and select applications.
``(B) Competitive process.--The Secretary--
``(i) shall conduct a competitive process to select
applications submitted under subparagraph (A);
``(ii) may assess and rank applications with similar
purposes as a group; and
``(iii) shall make public the criteria to be used in
evaluating applications prior to accepting applications.
``(C) Priority to certain applications.--The Secretary may
give priority to applications submitted under subparagraph (A)
that--
``(i)(I) leverage significant non-Federal financial and
technical resources; and
``(II) coordinate with other local, State, Tribal, or
national efforts;
``(ii) cover an area that includes distressed low-
income rural or urban communities, including areas with
persistent poverty; or
``(iii) have multiple entities and partners in a
partnership.
``(D) Producer or food business benefits.--
``(i) In general.--Except as provided in clause (ii),
an application submitted under subparagraph (A) shall
include a description of the direct or indirect producer or
food business benefits intended by the eligible entity to
result from the proposed project within a reasonable period
of time after the receipt of a grant.
``(ii) Exception.--Clause (i) shall not apply to a
planning or feasibility project.
``(6) Technical assistance.--On request of an eligible entity,
an eligible partner, or a partnership, the Secretary may provide
technical assistance in carrying out a partnership agreement.
``(f) Simplification of Application and Reporting Processes.--
``(1) Applications.--The Secretary shall establish a simplified
application form for eligible entities that--
``(A) request less than $50,000 under subsection (d); or
``(B) apply for grants under subsection (d) under a single
application through partnership agreements under subsection
(e).
``(2) Reporting.--The Secretary shall--
``(A) streamline and simplify the reporting process for
eligible entities; and
``(B) obtain from eligible entities and maintain such
information as the Secretary determines is necessary to
administer and evaluate the Program.
``(g) Interdepartmental Coordination.--In carrying out the Program,
to the maximum extent practicable, the Secretary shall ensure
coordination among Federal agencies.
``(h) Evaluation.--
``(1) In general.--Using amounts made available under
subsection (i)(3)(E), the Secretary shall conduct an evaluation of
the Program that--
``(A) measures the economic impact of the Program on new
and existing market outcomes;
``(B) measures the effectiveness of the Program in
improving and expanding--
``(i) the regional food economy through public and
private partnerships;
``(ii) the production of value-added agricultural
products;
``(iii) producer-to-consumer marketing, including
direct producer-to-consumer marketing;
``(iv) local and regional food systems, including
regional food chain coordination and business development;
``(v) new business opportunities and marketing
strategies to reduce on-farm food waste;
``(vi) the use of new technologies in producer-to-
consumer marketing, including direct producer-to-consumer
marketing; and
``(vii) the workforce and capacity of regional food
systems; and
``(C) provides a description of--
``(i) each partnership agreement; and
``(ii) each grant provided under subsection (d).
``(2) Report.--Not later than 4 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
$50,000,000 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) Value-added producer grants.--
``(i) In general.--Subject to clause (ii), of the funds
made available to carry out this section for a fiscal year,
35 percent shall be used for grants under subsection
(d)(5).
``(ii) Reservation of funds.--
``(I) Majority-controlled producer-based business
ventures.--The total amount of grants under subsection
(d)(5) provided to majority-controlled producer-based
business ventures for a fiscal year shall not exceed 10
percent of the amount allocated under clause (i).
``(II) Beginning, veteran, and socially
disadvantaged farmers and ranchers.--Of the funds made
available for grants under subsection (d)(5), 10
percent shall be reserved for grants provided to
beginning, veteran, and socially disadvantaged farmers
or ranchers.
``(III) Mid-tier value chains.--Of the funds made
available for grants under subsection (d)(5), 10
percent shall be reserved for grants to develop mid-
tier value chains.
``(IV) Food safety assistance.--Of the funds made
available for grants under subsection (d)(5), not more
than 25 percent shall be reserved for grants for
eligible activities described in subsection (d)(2)(J).
``(B) Farmers' market and local food promotion grants.--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).
``(C) 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 (e).
``(D) Unobligated funds.--Any funds under subparagraph (A),
(B), or (C) that are not obligated for the uses described in
that subparagraph, as applicable, by September 30 of the fiscal
year for which the funds were made available--
``(i) shall be available to the agency carrying out the
Program with the unobligated funds to carry out any
function of the Program, as determined by the Secretary;
and
``(ii) may carry over to the next fiscal year.
``(E) Administrative expenses.--Not greater than 8 percent
of amounts made available to provide grants under subsections
(d) and (e) for a fiscal year may be used for administrative
expenses.''.
(c) Conforming Amendments.--
(1) Agricultural marketing resource center pilot project.--
Section 231 of the Agricultural Risk Protection Act of 2000 (7
U.S.C. 1632a) is amended--
(A) by striking the section heading and inserting
``agricultural marketing resource center pilot project.'';
(B) by striking subsections (a), (b), (d), and (e);
(C) in subsection (c)--
(i) by redesignating paragraphs (1) and (2) as
subsections (a) and (b), respectively, and indenting
appropriately; and
(ii) by striking the subsection designation and
heading;
(D) in subsection (a) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``Notwithstanding'' and all that follows through
``paragraph (2)'' and inserting the following: ``The
Secretary shall not use more than 2.5 percent of the funds
made available to carry out the Local Agriculture Market
Program established under section 210A of the Agricultural
Marketing Act of 1946 to establish a pilot project (to be
known as the `Agricultural Marketing Resource Center') at
an eligible institution described in subsection (b)''; and
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(E) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and indenting
appropriately; and
(ii) in paragraph (1) (as so redesignated), by striking
``paragraph (1)(A)'' and inserting ``subsection (a)(1)''.
(2) Agriculture innovation center demonstration program.--
Section 6402(f) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1632b(f)) is amended in the matter preceding
paragraph (1) by striking ``section 231(d) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1621 note; Public Law 106-224))''
and inserting ``section 210A(d)(2) of the Agricultural Marketing
Act of 1946''.
(3) Local food production and program evaluation.--Section
10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C.
2204h(b)(2)(B)) is amended by striking ``Farmers' Market and Local
Food Promotion Program established under section 6 of the Farmer-
to-Consumer Direct Marketing Act of 1976 (7 U.S.C. 3005)'' and
inserting ``Local Agriculture Market Program established under
section 210A of the Agricultural Marketing Act of 1946''.
(4) Program metrics.--Section 6209(a) of the Agricultural Act
of 2014 (7 U.S.C. 2207b(a)) is amended by striking paragraph (1)
and inserting the following:
``(1) section 210A of the Agricultural Marketing Act of
1946;''.
(5) Farmer-to-consumer direct marketing act of 1976.--
(A) Section 4 of the Farmer-to-Consumer Direct Marketing
Act of 1976 (7 U.S.C. 3003) is amended--
(i) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(ii) by adding at the end the following:
``(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(B) Sections 6, 7, and 8 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90 Stat. 1983) are
repealed.
SEC. 10103. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
Section 7407(d) of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 5925c(d)) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``through fiscal
year 2012''; and
(B) by striking ``$5,000,000, to remain available until
expended.'' and inserting the following: ``, to remain
available until expended--
``(A) $5,000,000 for each of the periods of fiscal years
2008 through 2012 and 2014 through 2018; and
``(B) $5,000,000 for the period of fiscal years 2019
through 2023.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2) (as so redesignated)--
(A) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)''; and
(B) by striking ``2018'' and inserting ``2023''.
SEC. 10104. ORGANIC CERTIFICATION.
(a) Exclusions From Certification.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue regulations to
limit the type of organic operations that are excluded from
certification under section 205.101 of title 7, Code of Federal
Regulations, and from certification under any other related sections
under part 205 of title 7, Code of Federal Regulations.
(b) Definitions.--Section 2103 of the Organic Foods Production Act
of 1990 (7 U.S.C. 6502) is amended--
(1) in paragraph (3)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Foreign operations.--When used in the context of a
certifying agent operating in a foreign country, the term
`certifying agent' includes any person (including a private
entity)--
``(i) accredited in accordance with section 2115(d); or
``(ii) accredited by a foreign government that acted
under an equivalency agreement negotiated between the
United States and the foreign government from which the
agricultural product is imported.'';
(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 2115(c);
``(B) which shall include, at a minimum, information
sufficient to indicate, with respect to the agricultural
product--
``(i) the origin;
``(ii) the destination;
``(iii) the certifying agent issuing the national
organic program import certificate;
``(iv) the harmonized tariff code, if a harmonized
tariff code exists for the agricultural product;
``(v) the total weight; and
``(vi) the organic standard to which the agricultural
product is certified; and
``(C) that is not more than otherwise required under an
equivalency agreement negotiated between the United States and
the foreign government.''.
(c) Accreditation Program.--Section 2115 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6514) is amended by striking
subsection (c) and inserting the following:
``(c) Additional Documentation and Verification.--The Secretary,
acting through the Deputy Administrator of the national organic program
established under this title, has the authority, and shall grant a
certifying agent the authority, to require producers and handlers to
provide additional documentation or verification before granting a
certification under section 2104, in the case of a compliance risk with
respect to meeting the national standards for organic production
established under section 2105, as determined by the Secretary or the
certifying agent.
``(d) Accreditation of Foreign Organic Certification Program.--
``(1) In general.--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 import
certificate, which shall be available as an electronic record.
``(2) Tracking system.--
``(A) In general.--The Secretary shall establish a system
to track national organic import certificates.
``(B) Integration.--In establishing the system under
subparagraph (A), the Secretary may integrate the system into
any existing information tracking systems for imports of
agricultural products.
``(e) Duration of Accreditation.--An accreditation made under this
section--
``(1) subject to paragraph (2), shall be for a period of not
more than 5 years, as determined appropriate by the Secretary;
``(2) in the case of a certifying agent operating in a foreign
country, shall be for a period of time that is consistent with the
certification of a domestic certifying agent, as determined
appropriate by the Secretary; and
``(3) may be renewed.''.
(d) Requirements of Certifying Agents.--Section 2116 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6515) is amended--
(1) in subsection (i)--
(A) in paragraph (1), by inserting ``or an entity acting as
an agent of the certifying agent'' after ``a certifying
agent'';
(B) by redesignating paragraph (2) as paragraph (3); and
(C) by inserting after paragraph (1) the following:
``(2) Oversight of certifying offices and foreign operations.--
``(A) In general.--If the Secretary determines that an
office of a certifying agent or entity described in paragraph
(1) is not complying with the provisions of this title, the
Secretary may suspend the operations of the certifying agent or
the noncompliant office, including--
``(i) an office operating in a foreign country; and
``(ii) an office operating in the United States,
including an office acting on behalf of a foreign-domiciled
entity.
``(B) Process for resuming operations following
suspension.--The Secretary shall provide for a process that is
otherwise consistent with this section that authorizes a
suspended office to resume operations.''; and
(2) by adding at the end the following:
``(j) Notice.--Not later than 90 days after the date on which a new
certifying office performing certification activities opens, an
accredited certifying agent shall notify the Secretary of the
opening.''.
(e) Certain Employees Eligible to Serve as National Organic
Standards Board Members.--Section 2119(b) of the Organic Foods
Production Act of 1990 (7 U.S.C. 6518(b)) is amended--
(1) in paragraph (1), by inserting ``, or employees of such
individuals'' after ``operation'';
(2) in paragraph (2), by inserting ``, or employees of such
individuals'' after ``operation''; and
(3) in paragraph (3), by inserting ``, or an employee of such
individual'' after ``products''.
(f) National Organic Standards Board.--Section 2119(i) of the
Organic Foods Production Act of 1990 (7 U.S.C. 6518(i)) is amended--
(1) by striking ``Two-thirds'' and inserting the following:
``(1) In general.--\2/3\''; and
(2) by adding at the end the following:
``(2) National list.--Any vote on a motion proposing to amend
the national list shall be considered to be a decisive vote that
requires \2/3\ of the votes cast at a meeting of the Board at which
a quorum is present to prevail.''.
(g) 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 to an active investigation
(including certifying agents, State organic certification programs,
and the national organic program) shall share confidential business
information with Federal Government officers and employees involved
in the investigation as necessary to fully investigate and enforce
potential violations of this title.''.
(h) 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) Access to Data Documentation Systems.--The Secretary shall
have access to available data from cross-border documentation systems
administered by other Federal agencies, including the Automated
Commercial Environment system of U.S. Customs and Border Protection.
``(d) Reports.--
``(1) In general.--Not later than March 1, 2020, and annually
thereafter through March 1, 2023, the Secretary shall submit to
Congress, and make publicly available on the website of the
Department of Agriculture, a report describing national organic
program activities with respect to all domestic and overseas
investigations and compliance actions taken pursuant to this title
during the preceding year.
``(2) Requirements.--The data described in paragraph (1) shall
be broken down by agricultural product, quantity, value, and month.
``(3) Exception.--Any data determined by the Secretary to be
confidential business information shall not be provided in the
report under paragraph (1).''.
(i) Organic Agricultural Product Imports Interagency Working
Group.--The Organic Foods Production Act of 1990 is amended by
inserting after section 2122 (7 U.S.C. 6521) the following:
``SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS INTERAGENCY WORKING
GROUP.
``(a) Establishment.--
``(1) In general.--The Secretary and the Secretary of Homeland
Security shall jointly establish a working group to facilitate
coordination and information sharing between the Department of
Agriculture and U.S. Customs and Border Protection relating to
imports of organically produced agricultural products (referred to
in this section as the `working group').
``(2) Members.--The working group--
``(A) shall include--
``(i) the Secretary (or a designee); and
``(ii) the Secretary of Homeland Security (or a
designee); and
``(B) shall not include any non-Federal officer or
employee.
``(3) Duties.--The working group shall facilitate coordination
and information sharing between the Department of Agriculture and
U.S. Customs and Border Protection for the purposes of--
``(A) identifying imports of organically produced
agricultural products;
``(B) verifying the authenticity of organically produced
agricultural product import documentation, such as national
organic program import certificates;
``(C) ensuring imported agricultural products represented
as organically produced meet the requirements under this title;
``(D) collecting and organizing quantitative data on
imports of organically produced agricultural products; and
``(E) requesting feedback from stakeholders on how to
improve the oversight of imports of organically produced
agricultural products.
``(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 publicly available on the websites of the
Department of Agriculture and U.S. Customs and Border Protection the
following reports:
``(1) Organic trade enforcement interagency coordination
report.--A report--
``(A) identifying existing barriers to cooperation between
the agencies involved in agricultural product import
inspection, trade data collection and organization, and
organically produced agricultural product trade enforcement,
including--
``(i) U.S. Customs and Border Protection;
``(ii) the Agricultural Marketing Service; and
``(iii) the Animal and Plant Health Inspection Service;
``(B) assessing progress toward integrating organic trade
enforcement into import inspection procedures of U.S. Customs
and Border Protection and the Animal and Plant Health
Inspection Service, including an assessment of--
``(i) the status of the development of systems for--
``(I) tracking the fumigation of imports of
organically produced agricultural products into the
United States; and
``(II) electronically verifying national organic
program import certificate authenticity; and
``(ii) training of U.S. Customs and Border Protection
personnel on--
``(I) the use of the systems described in clause
(i); and
``(II) requirements and protocols under this title;
``(C) establishing methodology for ensuring imports of
agricultural products represented as organically produced meet
the requirements under this title;
``(D) recommending steps to improve the documentation and
traceability of imported organically produced agricultural
products;
``(E) recommending and describing steps for--
``(i) improving compliance with the requirements of
this title for all agricultural products imported into the
United States and represented as organically produced; and
``(ii) ensuring accurate labeling and marketing of
imported agricultural products represented as organically
produced by the exporter; and
``(F) describing staffing needs and additional resources at
U.S. Customs and Border Protection and the Department of
Agriculture needed to ensure compliance.
``(2) Report on enforcement actions taken on organic imports.--
A report--
``(A) providing detailed quantitative data (broken down by
agricultural product, 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 the number and type of actions taken by
United States officials at ports of entry in response to
violations of this title;
``(C) providing data on fumigation of agricultural products
represented as organically produced at ports of entry and
notifications of fumigation actions to shipment owners, broken
down by product variety and country of origin; and
``(D) providing information on enforcement activities under
this title involving overseas investigations and compliance
actions taken within that year, including--
``(i) the number of investigations by country; and
``(ii) a descriptive summary of compliance actions
taken by certifying agents in each country.''.
(j) Authorization of Appropriations for National Organic Program.--
Section 2123 of the Organic Foods Production Act of 1990 (7 U.S.C.
6522) is amended--
(1) by striking the section heading and inserting ``funding'';
(2) in subsection (b), by striking paragraphs (1) through (7)
and inserting the following:
``(1) $15,000,000 for fiscal year 2018;
``(2) $16,500,000 for fiscal year 2019;
``(3) $18,000,000 for fiscal year 2020;
``(4) $20,000,000 for fiscal year 2021;
``(5) $22,000,000 for fiscal year 2022; and
``(6) $24,000,000 for fiscal year 2023.''; and
(3) by striking subsection (c) and inserting the following:
``(c) Modernization and Improvement of International Trade
Technology Systems and Data Collection.--
``(1) 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.
``(2) Activities.--In carrying out paragraph (1), the Secretary
shall modernize trade and transaction certificates to ensure full
traceability to the port of entry without unduly hindering trade or
commerce, such as through an electronic trade document exchange
system.
``(3) Access.--The single system established under paragraph
(1) shall be accessible by any agency with the direct authority to
engage in--
``(A) inspection of imports of agricultural products;
``(B) trade data collection and organization; or
``(C) enforcement of trade requirements for organically
produced agricultural products.
``(4) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available $5,000,000 for
fiscal year 2019 for the purposes of--
``(A) carrying out this subsection; and
``(B) maintaining the database and technology upgrades
previously carried out under this subsection, as in effect on
the day before the date of enactment of the Agriculture
Improvement Act of 2018.
``(5) Availability.--The amounts made available under paragraph
(4) are in addition to any other funds made available for the
purposes described in that paragraph and shall remain available
until expended.''.
(k) Trade Savings Provision.--The amendments made by subsection (i)
shall be carried out in a manner consistent with United States
obligations under international agreements.
SEC. 10105. NATIONAL ORGANIC CERTIFICATION COST-SHARE PROGRAM.
(a) Elimination of Directed Delegation.--Section 10606(a) of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 6523(a)) is
amended by striking ``(acting through the Agricultural Marketing
Service)''.
(b) Funding.--Section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523) is amended by striking
subsection (d) and inserting the following:
``(d) Mandatory Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section--
``(A) $2,000,000 for each of fiscal years 2019 and 2020;
``(B) $4,000,000 for fiscal year 2021; and
``(C) $8,000,000 for each of fiscal years 2022 and 2023.
``(2) Availability.--Amounts made available under paragraph (1)
shall remain available until expended.''.
SEC. 10106. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act of 2008
(7 U.S.C. 7655a(c)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 10107. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of 2004 (7
U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``solely to enhance the competitiveness of
specialty crops.'' and inserting the following: ``to enhance
the competitiveness of specialty crops, including--
``(1) by leveraging efforts to market and promote specialty
crops;
``(2) by assisting producers with research and development
relevant to specialty crops;
``(3) by expanding availability and access to specialty crops;
``(4) by addressing local, regional, and national challenges
confronting specialty crop producers; and
``(5) for such other purposes determined to be appropriate by
the Secretary of Agriculture, in consultation with specialty crop
stakeholders and relevant State departments of agriculture.'';
(2) in subsection (j)--
(A) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``Not later'' and inserting the
following:
``(1) In general.--Not later''; and
(C) by adding at the end the following:
``(2) Administration of multistate projects from
nonparticipating states.--The Secretary of Agriculture may directly
administer all aspects of multistate projects under this subsection
for applicants in a nonparticipating State.'';
(3) in subsection (k), by adding at the end the following:
``(3) Evaluation.--
``(A) Performance measures and review.--
``(i) Development.--The Secretary of Agriculture and
the State departments of agriculture, in consultation with
specialty crop stakeholders, shall develop performance
measures to be used as the sole means of performing any
evaluation of the grant program established under this
section.
``(ii) Review.--The Secretary of Agriculture, in
consultation with the State departments of agriculture,
shall periodically evaluate the performance of the grant
program established under this section.
``(B) Cooperative agreements.--The Secretary of Agriculture
may enter into cooperative agreements--
``(i) to develop the performance measures under
subparagraph (A)(i); or
``(ii) to evaluate the overall performance of the grant
program established under this section.''; and
(4) in subsection (l)(2)(E), by inserting ``and each fiscal
year thereafter'' after ``2018''.
SEC. 10108. AMENDMENTS TO THE PLANT VARIETY PROTECTION ACT.
(a) Asexually Reproduced Defined.--Section 41(a) of the Plant
Variety Protection Act (7 U.S.C. 2401(a)) is amended--
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), (8), and (9) as paragraphs (2), (3), (4), (5), (6), (7), (8),
(9), and (10), respectively; and
(2) by inserting before paragraph (2), as so redesignated, the
following new paragraph:
``(1) Asexually reproduced.--The term `asexually reproduced'
means produced by a method of plant propagation using vegetative
material (other than seed) from a single parent, including
cuttings, grafting, tissue culture, and propagation by root
division.''.
(b) Right to Plant Variety Protection; Plant Varieties
Protectable.--Section 42(a) of the Plant Variety Protection Act (7
U.S.C. 2402(a)) is amended by striking ``or tuber propagated'' and
inserting ``, tuber propagated, or asexually reproduced''.
(c) Infringement of Plant Variety Protection.--Section 111(a)(3) of
the Plant Variety Protection Act (7 U.S.C. 2541(a)(3)) is amended by
inserting ``or asexually'' after ``sexually''.
(d) False Marketing; Cease and Desist Orders.--Section 128(a) of
the Plant Variety Protection Act (7 U.S.C. 2568(a)) is amended, in the
matter preceding paragraph (1), by inserting ``or asexually'' after
``sexually''.
SEC. 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 publicly available the
survey described in subsection (a).
(c) Funding.--
(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$500,000 for fiscal year 2019, to remain available until expended.
(2) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $2,500,000, to remain
available until expended.
(d) Confidentiality of Information.--Section 1770 of the Food
Security Act of 1985 (7 U.S.C. 2276) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In the case'' and inserting the
following:
``(a) In General.--In the case''; and
(B) in paragraph (3), by striking ``subsection (d)(12)''
and inserting ``paragraph (12) or (13) of subsection (d)''; and
(2) in subsection (d)--
(A) by striking ``(d) For purposes'' and inserting the
following:
``(d) Provisions of Law References.--For purposes'';
(B) in paragraph (11), by striking ``or'' at the end;
(C) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(13) section 10109 of the Agriculture Improvement Act of
2018.''.
SEC. 10110. REPORT ON THE ARRIVAL IN THE UNITED STATES OF FOREST PESTS
THROUGH RESTRICTIONS ON THE IMPORTATION OF CERTAIN PLANTS FOR PLANTING.
Not later than March 1, 2021, the Secretary shall submit to
Congress a report--
(1) evaluating the effectiveness of the Federal Government in
intercepting pests in international shipping and on plants for
planting;
(2) describing the geographic sources of intercepted pests and
the commodities or plant species most often associated with
infested shipments;
(3) quantifying the detection of forest pests in the national
surveillance networks, including the Cooperative Agricultural Pest
Survey and the Early Detection and Rapid Response network of the
Forest Service;
(4) describing new outbreaks of forest pests in the United
States and the spread of existing infestations;
(5) describing how the numbers of such interceptions,
detections, and outbreaks described in a preceding paragraph have
changed since January 1, 2018;
(6) containing proposed additional actions to further reduce
the rate of arrival for forest pests across the borders of the
United States;
(7) identifying current challenges with intercepting,
detecting, and addressing outbreaks of tree and wood pests, as well
as challenges in achieving compliance with the Plant Protection Act
(7 U.S.C. 7701 et seq.) and recommendations with respect to such
challenges; and
(8) describing the coordination and collaboration occurring
between the Animal and Plant Health Inspection Service and the
Forest Service with respect to--
(A) identifying and prioritizing critical detection,
surveillance, and eradication needs for tree and wood pests;
and
(B) identifying the actions each agency takes within their
respective missions to address identified priorities.
SEC. 10111. REPORT ON PLANT BIOSTIMULANTS.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the President and
Congress that identifies any potential regulatory, non-regulatory, and
legislative recommendations, including the appropriateness of any
definitions for plant biostimulant, to ensure the efficient and
appropriate review, approval, uniform national labeling, and
availability of plant biostimulant products to agricultural producers.
(b) Consultation.--The Secretary shall prepare the report required
by subsection (a) in consultation with the Administrator of the
Environmental Protection Agency, the several States, industry
stakeholders, and such other stakeholders as the Secretary determines
necessary.
(c) Plant Biostimulant.--For the purposes of the report under
subsection (a), the Secretary--
(1) shall consider ``plant biostimulant'' to be a substance or
micro-organism that, when applied to seeds, plants, or the
rhizosphere, stimulates natural processes to enhance or benefit
nutrient uptake, nutrient efficiency, tolerance to abiotic stress,
or crop quality and yield; and
(2) may modify the description of plant biostimulant, as
appropriate.
SEC. 10112. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL ASSISTANCE.
Section 11 of the Commodity Credit Corporation Charter Act (15
U.S.C. 714i) is amended in the last sentence by inserting after
``activities'' the following: ``but excluding any amounts used to
provide technical assistance under title X of the Agriculture
Improvement Act of 2018 or an amendment made by that title''.
SEC. 10113. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``Subtitle G--Hemp Production
``SEC. 297A. DEFINITIONS.
``In this subtitle:
``(1) Hemp.--The term `hemp' means the plant Cannabis sativa L.
and any part of that plant, including the seeds thereof and all
derivatives, extracts, cannabinoids, isomers, acids, salts, and
salts of isomers, whether growing or not, with a delta-9
tetrahydrocannabinol concentration of not more than 0.3 percent on
a dry weight basis.
``(2) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(3) Secretary.--The term `Secretary' means the Secretary of
Agriculture.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(5) State department of agriculture.--The term `State
department of agriculture' means the agency, commission, or
department of a State government responsible for agriculture in the
State.
``(6) Tribal government.--The term `Tribal government' means
the governing body of an Indian tribe.
``SEC. 297B. STATE AND TRIBAL PLANS.
``(a) Submission.--
``(1) In general.--A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp in the
State or territory of the Indian tribe shall submit to the
Secretary, through the State department of agriculture (in
consultation with the Governor and chief law enforcement officer of
the State) or the Tribal government, as applicable, a plan under
which the State or Indian tribe monitors and regulates that
production as described in paragraph (2).
``(2) Contents.--A State or Tribal plan referred to in
paragraph (1)--
``(A) shall only be required to include--
``(i) a practice to maintain relevant information
regarding land on which hemp is produced in the State or
territory of the Indian tribe, including a legal
description of the land, for a period of not less than 3
calendar years;
``(ii) a procedure for testing, using post-
decarboxylation or other similarly reliable methods, delta-
9 tetrahydrocannabinol concentration levels of hemp
produced in the State or territory of the Indian tribe;
``(iii) a procedure for the effective disposal of--
``(I) plants, whether growing or not, that are
produced in violation of this subtitle; and
``(II) products derived from those plants;
``(iv) a procedure to comply with the enforcement
procedures under subsection (e);
``(v) a procedure for conducting annual inspections of,
at a minimum, a random sample of hemp producers to verify
that hemp is not produced in violation of this subtitle;
``(vi) a procedure for submitting the information
described in section 297C(d)(2), as applicable, to the
Secretary not more than 30 days after the date on which the
information is received; and
``(vii) a certification that the State or Indian tribe
has the resources and personnel to carry out the practices
and procedures described in clauses (i) through (vi); and
``(B) may include any other practice or procedure
established by a State or Indian tribe, as applicable, to the
extent that the practice or procedure is consistent with this
subtitle.
``(3) Relation to state and tribal law.--
``(A) No preemption.--Nothing in this subsection preempts
or limits any law of a State or Indian tribe that--
``(i) regulates the production of hemp; and
``(ii) is more stringent than this subtitle.
``(B) References in plans.--A State or Tribal plan referred
to in paragraph (1) may include a reference to a law of the
State or Indian tribe regulating the production of hemp, to the
extent that law is consistent with this subtitle.
``(b) Approval.--
``(1) In general.--Not later than 60 days after receipt of a
State or Tribal plan under subsection (a), the Secretary shall--
``(A) approve the State or Tribal plan if the State or
Tribal plan complies with subsection (a); or
``(B) disapprove the State or Tribal plan only if the State
or Tribal plan does not comply with subsection (a).
``(2) Amended plans.--If the Secretary disapproves a State or
Tribal plan under paragraph (1)(B), the State, through the State
department of agriculture (in consultation with the Governor and
chief law enforcement officer of the State) or the Tribal
government, as applicable, may submit to the Secretary an amended
State or Tribal plan that complies with subsection (a).
``(3) Consultation.--The Secretary shall consult with the
Attorney General in carrying out this subsection.
``(c) Audit of State Compliance.--
``(1) In general.--The Secretary may conduct an audit of the
compliance of a State or Indian tribe with a State or Tribal plan
approved under subsection (b).
``(2) Noncompliance.--If the Secretary determines under an
audit conducted under paragraph (1) that a State or Indian tribe is
not materially in compliance with a State or Tribal plan--
``(A) the Secretary shall collaborate with the State or
Indian tribe to develop a corrective action plan in the case of
a first instance of noncompliance; and
``(B) the Secretary may revoke approval of the State or
Tribal plan in the case of a second or subsequent instance of
noncompliance.
``(d) 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).
``(e) 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 violation.--
``(A) In general.--A hemp producer in a State or the
territory of an Indian tribe for which a State or Tribal plan
is approved under subsection (b) shall be subject to
subparagraph (B) of this paragraph if the State department of
agriculture or Tribal government, as applicable, determines
that the hemp producer has negligently violated the State or
Tribal plan, including by negligently--
``(i) failing to provide a legal description of land on
which the producer produces hemp;
``(ii) failing to obtain a license or other required
authorization from the State department of agriculture or
Tribal government, as applicable; or
``(iii) producing Cannabis sativa L. with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent
on a dry weight basis.
``(B) Corrective action plan.--A hemp producer described in
subparagraph (A) shall comply with a plan established by the
State department of agriculture or Tribal government, as
applicable, to correct the negligent violation, including--
``(i) a reasonable date by which the hemp producer
shall correct the negligent violation; and
``(ii) a requirement that the hemp producer shall
periodically report to the State department of agriculture
or Tribal government, as applicable, on the compliance of
the hemp producer with the State or Tribal plan for a
period of not less than the next 2 calendar years.
``(C) Result of negligent violation.--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 enforcement action by the Federal Government or any
State government, Tribal government, or local government.
``(D) Repeat violations.--A hemp producer that negligently
violates a State or Tribal plan under subparagraph (A) 3 times
in a 5-year period shall be ineligible to produce hemp for a
period of 5 years beginning on the date of the third violation.
``(3) Other violations.--
``(A) In general.--If the State department of agriculture
or Tribal government in a State or the territory of an Indian
tribe for which a State or Tribal plan is approved under
subsection (b), as applicable, determines that a hemp producer
in the State or territory has violated the State or Tribal plan
with a culpable mental state greater than negligence--
``(i) the State department of agriculture or Tribal
government, as applicable, shall immediately report the
hemp producer to--
``(I) the Attorney General; and
``(II) the chief law enforcement officer of the
State or Indian tribe, as applicable; and
``(ii) paragraph (1) of this subsection shall not apply
to the violation.
``(B) Felony.--
``(i) In general.--Except as provided in clause (ii),
any person convicted of a felony relating to a controlled
substance under State or Federal law before, on, or after
the date of enactment of this subtitle shall be ineligible,
during the 10-year period following the date of the
conviction--
``(I) to participate in the program established
under this section or section 297C; and
``(II) to produce hemp under any regulations or
guidelines issued under section 297D(a).
``(ii) Exception.--Clause (i) shall not apply to any
person growing hemp lawfully with a license, registration,
or authorization under a pilot program authorized by
section 7606 of the Agricultural Act of 2014 (7 U.S.C.
5940) before the date of enactment of this subtitle.
``(C) False statement.--Any person who materially falsifies
any information contained in an application to participate in
the program established under this section shall be ineligible
to participate in that program.
``(f) Effect.--Nothing in this section prohibits the production of
hemp in a State or the territory of an Indian tribe--
``(1) for which a State or Tribal plan is not approved under
this section, if the production of hemp is in accordance with
section 297C or other Federal laws (including regulations); and
``(2) if the production of hemp is not otherwise prohibited by
the State or Indian tribe.
``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--
``(i) plants, whether growing or not, that are produced
in violation of this subtitle; and
``(ii) products derived from those plants;
``(D) a procedure to comply with the enforcement procedures
under subsection (c)(2);
``(E) a procedure for conducting annual inspections of, at
a minimum, a random sample of hemp producers to verify that
hemp is not produced in violation of this subtitle; and
``(F) such other practices or procedures as the Secretary
considers to be appropriate, to the extent that the practice or
procedure is consistent with this subtitle.
``(b) Licensing.--The Secretary shall establish a procedure to
issue licenses to hemp producers in accordance with a plan established
under subsection (a).
``(c) Violations.--
``(1) In general.--In the case of a State or Indian tribe for
which a State or Tribal plan is not approved under section 297B, it
shall be unlawful to produce hemp in that State or the territory of
that Indian tribe without a license issued by the Secretary under
subsection (b).
``(2) Negligent and other violations.--A violation of a plan
established under subsection (a) shall be subject to enforcement in
accordance with paragraphs (2) and (3) of section 297B(e), except
that the Secretary shall carry out that enforcement instead of a
State department of agriculture or Tribal government.
``(3) Reporting to attorney general.--In the case of a State or
Indian tribe covered by paragraph (1), the Secretary shall report
the production of hemp without a license issued by the Secretary
under subsection (b) to the Attorney General.
``(d) Information Sharing for Law Enforcement.--
``(1) In general.--The Secretary shall--
``(A) collect the information described in paragraph (2);
and
``(B) make the information collected under subparagraph (A)
accessible in real time to Federal, State, territorial, and
local law enforcement.
``(2) Content.--The information collected by the Secretary
under paragraph (1) shall include--
``(A) contact information for each hemp producer in a State
or the territory of an Indian tribe for which--
``(i) a State or Tribal plan is approved under section
297B(b); or
``(ii) a plan is established by the Secretary under
this section;
``(B) a legal description of the land on which hemp is
grown by each hemp producer described in subparagraph (A); and
``(C) for each hemp producer described in subparagraph
(A)--
``(i) the status of--
``(I) a license or other required authorization
from the State department of agriculture or Tribal
government, as applicable; or
``(II) a license from the Secretary; and
``(ii) any changes to the status.
``SEC. 297D. REGULATIONS AND GUIDELINES; EFFECT ON OTHER LAW.
``(a) Promulgation of Regulations and Guidelines; Report.--
``(1) Regulations and guidelines.--
``(A) In general.--The Secretary shall promulgate
regulations and guidelines to implement this subtitle as
expeditiously as practicable.
``(B) Consultation with attorney general.--The Secretary
shall consult with the Attorney General on the promulgation of
regulations and guidelines under subparagraph (A).
``(2) Report.--The Secretary shall annually submit to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report containing updates on the implementation of this subtitle.
``(b) Authority.--Subject to subsection (c)(3)(B), the Secretary
shall have sole authority to promulgate Federal regulations and
guidelines that relate to the production of hemp, including Federal
regulations and guidelines that relate to the implementation of
sections 297B and 297C.
``(c) 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.);
``(2) section 351 of the Public Health Service Act (42 U.S.C.
262); or
``(3) the authority of the Commissioner of Food and Drugs and
the Secretary of Health and Human Services--
``(A) under--
``(i) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.); or
``(ii) section 351 of the Public Health Service Act (42
U.S.C. 262); or
``(B) to promulgate Federal regulations and guidelines that
relate to the production of hemp under the Act described in
subparagraph (A)(i) or the section described in subparagraph
(A)(ii).
``SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this subtitle.''.
SEC. 10114. INTERSTATE COMMERCE.
(a) Rule of Construction.--Nothing in this title or an amendment
made by this title prohibits the interstate commerce of hemp (as
defined in section 297A of the Agricultural Marketing Act of 1946 (as
added by section 10113)) or hemp products.
(b) Transportation of Hemp and Hemp Products.--No State or Indian
Tribe shall prohibit the transportation or shipment of hemp or hemp
products produced in accordance with subtitle G of the Agricultural
Marketing Act of 1946 (as added by section 10113) through the State or
the territory of the Indian Tribe, as applicable.
SEC. 10115. FIFRA INTERAGENCY WORKING GROUP.
Section 3(c) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 13a(c)) is amended by adding at the end the following:
``(11) Interagency working group.--
``(A) Definition of covered agency.--In this paragraph, the
term `covered agency' means any of the following:
``(i) The Department of Agriculture.
``(ii) The Department of Commerce.
``(iii) The Department of the Interior.
``(iv) The Council on Environmental Quality.
``(v) The Environmental Protection Agency.
``(B) Establishment.--The Administrator shall establish an
interagency working group, to be comprised of representatives
from each covered agency, to provide recommendations regarding,
and to implement a strategy for improving, the consultation
process required under section 7 of the Endangered Species Act
of 1973 (16 U.S.C. 1536) for pesticide registration and
registration review.
``(C) Duties.--The interagency working group established
under subparagraph (B) shall--
``(i) analyze relevant Federal law (including
regulations) and case law for purposes of providing an
outline of the legal and regulatory framework for the
consultation process referred to in that subparagraph,
including--
``(I) requirements under this Act and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
``(II) Federal case law regarding the intersection
of this Act and the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); and
``(III) Federal regulations relating to the
pesticide consultation process;
``(ii) provide advice regarding methods of--
``(I) defining the scope of actions of the covered
agencies that are subject to the consultation
requirement referred to in subparagraph (B); and
``(II) properly identifying and classifying effects
of actions of the covered agencies with respect to that
consultation requirement;
``(iii) identify the obligations and limitations under
Federal law of each covered agency for purposes of
providing a legal and regulatory framework for developing
the recommendations referred to in subparagraph (B);
``(iv) review practices for the consultation referred
to in subparagraph (B) to identify problem areas, areas for
improvement, and best practices for conducting that
consultation among the covered agencies;
``(v) develop scientific and policy approaches to
increase the accuracy and timeliness of the process for
that consultation, in accordance with requirements of this
Act and the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.), including--
``(I) processes to efficiently share data and
coordinate analyses among the Department of
Agriculture, the Department of Commerce, the Department
of the Interior, and the Environmental Protection
Agency;
``(II) a streamlined process for identifying which
actions require no consultation, informal consultation,
or formal consultation;
``(III) an approach that will provide clarity with
respect to what constitutes the best scientific and
commercial data available in the fields of pesticide
use and ecological risk assessment, pursuant to section
7(a)(2) of the Endangered Species Act of 1973 (16
U.S.C. 1536(a)(2)); and
``(IV) approaches that enable the Environmental
Protection Agency to better assist the Department of
the Interior and the Department of Commerce in carrying
out obligations under that section in a timely and
efficient manner; and
``(vi) propose and implement a strategy to implement
approaches to consultations under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.) and document that
strategy in a memorandum of understanding, revised
regulations, or another appropriate format to promote
durable cooperation among the covered agencies.
``(D) Reports.--
``(i) Progress reports.--
``(I) In general.--Not later than 18 months after
the date of enactment of this paragraph, the
Administrator, in coordination with the head of each
other covered agency, 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 progress of the
working group in developing the recommendations under
subparagraph (B).
``(II) Requirements.--The report under this clause
shall--
``(aa) reflect the perspectives of each covered
agency; and
``(bb) identify areas of new consensus and
continuing topics of disagreement and debate.
``(ii) Results.--
``(I) In general.--Not later than 1 year after the
date of enactment of this paragraph, the Administrator,
in coordination with the head of each other covered
agency, 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--
``(aa) the recommendations developed under
subparagraph (B); and
``(bb) plans for implementation of those
recommendations.
``(II) Requirements.--The report under this clause
shall--
``(aa) reflect the perspectives of each covered
agency; and
``(bb) identify areas of consensus and
continuing topics of disagreement and debate, if
any.
``(iii) Implementation.--Not later than 1 year after
the date of submission of the report under clause (i), the
Administrator, in coordination with the head of each other
covered agency, 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--
``(I) the implementation of the recommendations
referred to in that clause;
``(II) the extent to which that implementation
improved the consultation process referred to in
subparagraph (B); and
``(III) any additional recommendations for
improvements to the process described in subparagraph
(B).
``(iv) Other reports.--Not later than the date that is
180 days after the date of submission of the report under
clause (iii), and not less frequently than once every 180
days thereafter during the 5-year period beginning on that
date, the Administrator, in coordination with the head of
each other covered agency, 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--
``(I) the implementation of the recommendations
referred to in that clause;
``(II) the extent to which that implementation
improved the consultation process referred to in
subparagraph (B); and
``(III) any additional recommendations for
improvements to the process described in subparagraph
(B).
``(E) Consultation with private sector.--In carrying out
the duties under this paragraph, the working group shall, as
appropriate--
``(i) consult with, representatives of interested
industry stakeholders and nongovernmental organizations;
and
``(ii) take into consideration factors, such as actual
and potential differences in interest between, and the
views of, those stakeholders and organizations.
``(F) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the working
group established under this paragraph.
``(G) Savings clause.--Nothing in this paragraph supersedes
any provision of--
``(i) this Act; or
``(ii) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.), including the requirements under section 7
of that Act (16 U.S.C. 1536).''.
SEC. 10116. STUDY ON METHYL BROMIDE USE IN RESPONSE TO AN EMERGENCY
EVENT.
(a) Definitions.--In this section:
(1) Emergency event.--The term ``emergency event'' means a
situation--
(A) that occurs at a location on which a plant or commodity
is grown or produced or facility providing for the storage of,
or other services with respect to, a plant or commodity;
(B) for which the lack of availability of methyl bromide
for a particular use would result in significant economic loss
to the owner, lessee, or operator of the location or facility
or the owner, grower, or purchaser of the plant or commodity;
and
(C) that, in light of the specific agricultural,
meteorological, or other conditions presented, requires the use
of methyl bromide to control a pest or disease in the location
or facility because there are no technically feasible
alternatives to methyl bromide easily accessible by an entity
referred to in subparagraph (B) at the time and location of the
event that--
(i) are registered under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) for
the intended use or pest to be so controlled; and
(ii) would adequately control the pest or disease
presented at the location or facility.
(2) Pest.--The term ``pest'' has the meaning given the term in
section 2 of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136).
(b) Study.--
(1) In general.--The Secretary, in consultation with the
Secretary of State and the Administrator of the Environmental
Protection Agency, shall complete a study on the potential use of
methyl bromide in response to an emergency event.
(2) Requirements.--The study under paragraph (1) shall
include--
(A) a risk-benefit analysis of authorizing State, local, or
Tribal authorities, in accordance with appropriate requirements
and criteria, such as the recommendations developed under
subparagraph (E)--
(i) to determine when the use of methyl bromide is
required; and
(ii) to authorize such use;
(B) a risk-benefit analysis of authorizing the Secretary,
in accordance with appropriate requirements and criteria, such
as the recommendations developed under subparagraph (E)--
(i) to determine when the use of methyl bromide is
required; and
(ii) to authorize such use;
(C) a historic estimate of situations occurring on or after
September 15, 1997, that could have been deemed emergency
events;
(D) a detailed assessment of the adherence of the United
States to international obligations of the United States with
respect to the prevention of ozone depletion; and
(E) an assessment and recommendations on appropriate
requirements and criteria to be met to authorize the use of
methyl bromide in response to an emergency event (including any
recommendations for revising the definition of the term
``emergency event'' in subsection (a)) in a manner that fully
complies with the Montreal Protocol on Substances that Deplete
the Ozone Layer, including Decision IX/7 of the Ninth Meeting
of the Conference of the Parties to the Montreal Protocol on
Substances that Deplete the Ozone Layer.
(c) Report.--Not later than 2 years after the date of enactment of
this Act, the Secretary shall submit a report on the study under
subsection (b) to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Forestry, and
Nutrition of the Senate.
TITLE XI--CROP INSURANCE
SEC. 11101. DEFINITIONS.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10), and
(11) as paragraphs (7), (8), (10), (11), (12), and (13)
respectively;
(2) by inserting after paragraph (5) the following:
``(6) Cover crop termination.--The term `cover crop
termination' means a practice that historically and under
reasonable circumstances results in the termination of the growth
of a cover crop.''; and
(3) by inserting after paragraph (8) (as so redesignated) the
following:
``(9) Hemp.--The term `hemp' has the meaning given the term in
section 297A of the Agricultural Marketing Act of 1946.''.
SEC. 11102. DATA COLLECTION.
Section 506(h)(2) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(2)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) National agricultural statistics service.--Data
collected by the National Agricultural Statistics Service,
whether published or unpublished, shall be--
``(i) provided in an aggregate form to the Corporation
for the purpose of providing insurance under this subtitle;
and
``(ii) kept confidential by the Corporation in the same
manner and to the same extent as is required under--
``(I) section 1770 of the Food Security Act of 1985
(7 U.S.C. 2276); and
``(II) the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501
note; Public Law 107-347).
``(C) Noninsured crop disaster assistance program.--In
collecting data under this subsection, the Secretary shall
ensure that--
``(i) appropriate data are collected through the
noninsured crop disaster assistance program established by
section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333); and
``(ii) not less frequently than annually, the Farm
Service Agency shares, and the Corporation considers, the
data described in clause (i).''.
SEC. 11103. SHARING OF RECORDS.
Section 506(h)(3) of the Federal Crop Insurance Act (7 U.S.C.
1506(h)(3)) is amended by inserting ``applicants who have received
payment under section 522(b)(2)(E),'' after ``divisions,''.
SEC. 11104. USE OF RESOURCES.
Section 507(f) of the Federal Crop Insurance Act (7 U.S.C. 1507(f))
is amended--
(1) by striking paragraphs (3) and (4) and inserting the
following:
``(3) the Farm Service Agency, in assisting the Board in--
``(A) the determination of individual producer yields;
``(B) sharing information on beginning farmers and ranchers
and veteran farmers and ranchers;
``(C) investigating potential waste, fraud, or abuse;
``(D) sharing information to support the transition of
crops and counties from the noninsured crop disaster assistance
program established by section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) to insurance
under this subtitle; and
``(E) serving as a local point of contact for the
dissemination of information on risk management options
available to farmers and ranchers; and
``(4) other Federal agencies, in assisting the Board in any way
the Board determines is necessary in carrying out this subtitle.'';
(2) in paragraph (2), by striking ``(2) the'' and inserting the
following:
``(2) the''; and
(3) by striking ``(f) The Board'' in the matter preceding
paragraph (1) and all that follows through the semicolon at the end
of paragraph (1) and inserting the following:
``(f) Use of Resources, Data, Boards, and Committees of Federal
Agencies.--If the Board determines it is necessary, the Board shall
use, to the maximum extent practicable, the resources, data, boards,
and the committees of--
``(1) the Natural Resources Conservation Service, in assisting
the Board in--
``(A) the classification of land as to risk and production
capability; and
``(B) the consideration of acceptable conservation
practices, including good farming practices with respect to
conservation (such as cover crop termination);''.
SEC. 11105. SPECIALTY CROPS.
(a) Specialty Crops Coordinator.--Section 507(g) of the Federal
Crop Insurance Act (7 U.S.C. 1507(g)) is amended--
(1) by striking the subsection designation and all that follows
through ``The Corporation'' in paragraph (1) and inserting the
following:
``(g) Specialty Crops Coordinator.--
``(1) In general.--The Corporation''; and
(2) by adding at the end the following:
``(4) Specialty crop liaisons.--The Specialty Crops Coordinator
shall--
``(A) designate a Specialty Crops Liaison in each regional
field office; and
``(B) share the contact information of the Specialty Crops
Liaisons with specialty crop producers.
``(5) Website.--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) Addition of Specialty Crops and Other Value-added Crops.--
Section 508(a)(6) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(6)) is amended--
(1) in the paragraph heading, by adding at the end the
following: ``(including value-added crops)'';
(2) by striking subparagraph (A) and inserting the following:
``(A) Annual review.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018, and
annually thereafter, the manager of the Corporation shall
prepare, to the maximum extent practicable, based on data
shared from the noninsured crop disaster assistance program
established by section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333), written
agreements, or other data, and present to the Board not less
than 1 of each of the following:
``(i) Research and development for a policy or plan of
insurance for a commodity for which there is no existing
policy or plan of insurance.
``(ii) Expansion of an existing policy or plan of
insurance to additional counties or States, including
malting barley endorsements or contract options.
``(iii) Research and development for a new policy or
plan of insurance, or endorsement, for commodities with
existing policies or plans of insurance, such as dollar
plans.'';
(3) in subparagraph (B), in the subparagraph heading, by
striking ``Addition of new crops'' and inserting ``Report''; and
(4) by striking subparagraphs (C) and (D).
SEC. 11106. INSURANCE PERIOD.
Section 508(a)(2) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(2)) is amended by striking ``and sweet potatoes'' and inserting
``sweet potatoes, and hemp''.
SEC. 11107. COVER CROPS.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C. 1508(a))
is amended--
(1) in paragraph (3)(B), in the subparagraph heading, by
inserting ``determination review'' after ``practices''; and
(2) by adding at the end the following:
``(11) Cover crops.--
``(A) In general.--The voluntary practice of cover cropping
shall be considered a good farming practice under paragraph
(3)(A)(iii) if the cover crop is terminated in accordance with
subparagraph (B).
``(B) Termination.--
``(i) In general.--The termination of a cover crop
shall be carried out according to--
``(I) guidelines established by the Secretary; or
``(II) an exception to the guidelines approved
under clause (ii).
``(ii) Exception to guidelines.--The Corporation shall
approve an exception to the guidelines under clause (i)(I)
if that exception is recommended by--
``(I) the Natural Resources Conservation Service;
or
``(II) an agricultural expert, as determined by the
Corporation, unless the exception is determined to be
unreasonable by the Corporation.
``(C) Insurability of subsequent crop.--Cover crop
termination shall not affect the insurability of a subsequently
planted insurable crop if the cover crop is terminated in
accordance with subparagraph (B).
``(D) Summer fallow.--In a county in which summer fallow is
an insurable practice, a cover crop in that county that is
terminated in accordance with subparagraph (B) shall be
considered as summer fallow for the purpose of insurability.''.
SEC. 11108. UNDERSERVED PRODUCERS.
Section 508(a)(7) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)(7)) is amended--
(1) in the paragraph heading, by inserting ``and underserved
producers'' after ``states'';
(2) in subparagraph (A)--
(A) by striking the designation and heading and all that
follows through ``the term'' and inserting the following:
``(A) Definitions.--In this paragraph:
``(i) Adequately served.--The term'';
(B) in clause (i) (as so designated), by striking
``participation rate'' and inserting ``participation rate, by
crop,''; and
(C) by adding at the end the following:
``(ii) Underserved producer.--The term `underserved
producer' means an individual (including a member of an
Indian Tribe) that is--
``(I) a beginning farmer or rancher;
``(II) a veteran farmer or rancher; or
``(III) a socially disadvantaged farmer or
rancher.'';
(3) in subparagraph (B)--
(A) by striking ``The Board'' and inserting ``Using
resources and information available to the Board or the
Secretary, the Board''; and
(B) by striking ``subtitle'' and inserting ``subtitle,
including policies and plans of insurance for underserved
producers,''; and
(4) by striking subparagraph (C) and inserting the following:
``(C) Report.--
``(i) In general.--Not later than 30 days after
completion of the review under subparagraph (B), and not
less frequently than once every 3 years thereafter, the
Board shall make publicly 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. TREATMENT OF FORAGE AND GRAZING.
(a) Availability of Catastrophic Risk Protection for Crops and
Grasses Used for Grazing.--Section 508(b)(1) of the Federal Crop
Insurance Act (7 U.S.C. 1508(b)(1)) is amended--
(1) by striking ``(A) In general.--Except as provided in
subparagraph (B), the'' and inserting ``The''; and
(2) by striking subparagraph (B).
(b) Coverage for Forage and Grazing.--The Federal Crop Insurance
Act is amended by inserting after section 508C (7 U.S.C. 1508c) the
following new section:
``SEC. 508D. COVERAGE FOR FORAGE AND GRAZING.
``Notwithstanding section 508A, and in addition to any other
available coverage, for crops that can be both grazed and mechanically
harvested on the same acres during the same growing season, producers
shall be allowed to purchase separate policies for each intended use,
as determined by the Corporation, and any indemnity paid under those
policies for each intended use shall not be considered to be for the
same loss for the purposes of section 508(n).''.
SEC. 11110. ADMINISTRATIVE BASIC FEE.
Section 508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(b)(5)(A)) is amended by striking ``$300'' and inserting ``$655''.
SEC. 11111. ENTERPRISE UNITS.
Section 508(e)(5) of the Federal Crop Insurance Act (7 U.S.C.
1508(e)(5)) is amended by adding at the end the following:
``(E) Enterprise units across county lines.--The
Corporation may allow a producer to establish a single
enterprise unit by combining an enterprise unit with--
``(i) 1 or more other enterprise units in 1 or more
other counties; or
``(ii) all basic units and all optional units in 1 or
more other counties.''.
SEC. 11112. CONTINUED AUTHORITY.
Section 508(g) of the Federal Crop Insurance Act (7 U.S.C. 1508(g))
is amended by adding at the end the following new paragraph:
``(6) Continued authority.--
``(A) In general.--The Corporation shall establish--
``(i) underwriting rules that limit the decrease in the
actual production history of a producer, at the election of
the producer, to not more than 10 percent of the actual
production history of the previous crop year provided that
the production decline was the result of drought, flood,
natural disaster, or other insurable loss (as determined by
the Corporation); and
``(ii) actuarially sound premiums to cover additional
risk.
``(B) Other authority.--The authority provided under
subparagraph (A) is in addition to any other authority that
adjusts the actual production history of the producer under
this Act.
``(C) Effect.--Nothing in this paragraph shall be construed
to require a change in the administration of any provision of
this Act as the Act was administered for the 2018 reinsurance
year.''.
SEC. 11113. SUBMISSION OF POLICIES AND MATERIALS TO BOARD.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h))
is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Corporation shall'' and
inserting the following:
``(i) In general.--The Corporation shall'';
(C) in clause (i)(I) (as so redesignated), by inserting
``subject to clause (ii),'' before ``will likely''; and
(D) by adding at the end the following:
``(ii) Waiver for hemp.--The Corporation may waive the
viability and marketability requirement under clause (i)(I)
in the case of a policy or pilot program relating to the
production of hemp.''; and
(2) in paragraph (3)(C)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of reviewing policies and other
materials relating to the production of hemp, may waive the
viability and marketability requirement under subparagraph
(A)(ii)(I).''.
SEC. 11114. CROP PRODUCTION ON NATIVE SOD.
Section 508(o)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.
1508(o)(2)(A)) is amended--
(1) by striking ``During the'' and inserting the following:
``(i) First 4 crop years.--During the'';
(2) in clause (i) (as so designated), by striking ``after the
date of enactment of the Agricultural Act of 2014'' and inserting
``beginning on February 8, 2014, and ending on the date of
enactment of the Agriculture Improvement Act of 2018''; and
(3) by adding at the end the following:
``(ii) Subsequent crop years.--Native sod acreage that
has been tilled for the production of an insurable crop
after the date of enactment of the Agriculture Improvement
Act of 2018 shall be subject to a reduction in benefits
under this subtitle as described in this paragraph for not
more than 4 cumulative years--
``(I) during the first 10 years after initial
tillage; and
``(II) during each of which a crop on that acreage
is insured under subsection (c).''.
SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE DATA TO
COMBAT WASTE, FRAUD, AND ABUSE.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) using published aggregate data from the National
Agricultural Statistics Service or any other data source to--
``(i) detect yield disparities or other data anomalies
that indicate potential fraud; and
``(ii) target the relevant counties, crops, regions,
companies, or agents associated with that potential fraud
for audits and other enforcement actions.''; and
(2) in subsection (f)(2)(A), by striking ``pursuant to'' each
place it appears and inserting ``under''.
SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION.
Section 515(g) of the Federal Crop Insurance Act (7 U.S.C. 1515(g))
is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) The actual production history to be used to establish
insurable yields.''; and
(2) in paragraph (2)--
(A) by striking ``The information required by paragraph
(1)'' and inserting the following:
``(A) In general.--The information required to be submitted
under subparagraphs (A) through (C) of paragraph (1)''; and
(B) by adding at the end the following:
``(B) Actual production history.--
``(i) In general.--The information required to be
submitted under paragraph (1)(D) with respect to an
applicable policy or plan of insurance for a covered
commodity (as defined in section 1111 of the Agricultural
Act of 2014 (7 U.S.C. 9011)) 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.
``(ii) Correction of errors.--Nothing in clause (i)
limits the ability of an approved insurance provider to
correct any error in the information submitted under
paragraph (1)(D) after receipt of the information by the
Corporation in accordance with clause (i).''.
SEC. 11117. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND AGENTS.
Section 515 of the Federal Crop Insurance Act (7 U.S.C. 1515) is
amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Continuing Education for Loss Adjusters and Agents.--
``(1) In general.--The Corporation shall establish requirements
for continuing education for loss adjusters and agents of approved
insurance providers.
``(2) Requirements.--The requirements for continuing education
described in paragraph (1) shall ensure that loss adjusters and
agents of approved insurance providers are familiar with--
``(A) the policies and plans of insurance available under
this Act, including the regulations promulgated to carry out
this Act;
``(B) efforts to promote program integrity through the
elimination of waste, fraud, and abuse; and
``(C) other aspects of adjusting, delivering, and servicing
policies and plans of insurance by adjustors and agents, as
determined by the Secretary, including conservation activities
and agronomic practices (including organic and sustainable
practices) that are common and appropriate to the area in which
the insured crop being inspected is produced.''.
SEC. 11118. PROGRAM ADMINISTRATION.
Section 516(b)(2)(C)(i) of the Federal Crop Insurance Act (7 U.S.C.
1516(b)(2)(C)(i)) is amended by striking ``$9,000,000'' and inserting
``$7,000,000''.
SEC. 11119. AGRICULTURAL COMMODITY.
Section 518 of the Federal Crop Insurance Act (7 U.S.C. 1518) is
amended by inserting ``hemp,'' before ``aquacultural species''.
SEC. 11120. MAINTENANCE OF POLICIES.
(a) In General.--Section 522(b) of the Federal Crop Insurance Act
(7 U.S.C. 1522(b)) is amended--
(1) in paragraph (1), by amending subparagraph (B) to read as
follows:
``(B) Reimbursement.--
``(i) In general.--An applicant who submits a policy
under section 508(h) shall be eligible for the
reimbursement of reasonable research and development costs
if the policy is approved by the Board for sale to
producers.
``(ii) Reasonable costs.--For the purpose of
reimbursing research and development and maintenance costs
under this section, costs of the applicant shall be
considered reasonable costs if the costs are based on--
``(I) for any employees or contracted personnel,
wage rates equal to not more than 2 times the hourly
wage rate plus benefits, as provided by the Bureau of
Labor Statistics for the year in which such costs are
incurred, calculated using the formula applied to an
applicant by the Corporation in reviewing proposed
project budgets under this section on October 1, 2016;
and
``(II) other actual documented costs incurred by
the applicant.''; and
(2) in paragraph (4)--
(A) in subparagraph (C), by striking ``approved insurance
provider'' and inserting ``applicant''; and
(B) in subparagraph (D)--
(i) in clause (i), by striking ``determined by the
approved insurance provider'' and inserting ``determined by
the applicant''; and
(ii) by adding at the end the following:
``(iii) Review.--After the Board approves the amount of
a fee under clause (ii), the fee shall remain in effect and
not be reviewed by the Board unless--
``(I) the applicant petitions the Board for
reconsideration of the fee;
``(II) a substantial change is made to the policy,
as determined by the Board; or
``(III) there is substantial evidence that the fee
is inhibiting sales or use of the policy, as determined
by the Board.''.
(b) Applicability.--
(1) In general.--The amendments made by this section shall
apply to reimbursement requests made on or after October 1, 2016.
(2) Resubmission of denied request.--An applicant that was
denied all or a portion of a reimbursement request under paragraph
(1) of section 522(b) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)) during the period between October 1, 2016, and the date of
the enactment of this Act shall be given an opportunity to resubmit
such request.
SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND MAINTENANCE
COSTS.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C. 1522(b))
is amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the viability
and marketability requirements under this paragraph in the case
of research and development relating to a policy to insure the
production of hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive the
marketability requirement under subparagraph (A) in the case of
research and development relating to a policy to insure the
production of hemp.''.
SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C. 1522(c))
is amended--
(1) by striking paragraphs (7) through (18) and (20) through
(23);
(2) by redesignating paragraphs (19) and (24) as paragraphs (7)
and (8), respectively;
(3) in paragraph (7) (as so redesignated) (entitled ``Whole
farm diversified risk management insurance plan''), by adding at
the end the following:
``(E) Review of modifications to improve effectiveness.--
``(i) In general.--Not later than 18 months after the
date of enactment of the Agriculture Improvement Act of
2018--
``(I) the Corporation shall hold stakeholder
meetings to solicit producer and agent feedback; and
``(II) the Board shall--
``(aa) review procedures and paperwork
requirements on agents and producers; and
``(bb) modify procedures and requirements, as
appropriate, to decrease burdens and increase
flexibility and effectiveness.
``(ii) Factors.--In carrying out items (aa) and (bb) of
subclause (i)(II), the Board shall consider--
``(I) removing caps on nursery and livestock
production;
``(II) allowing a waiver to expand operations,
especially for small and beginning farmers;
``(III) minimizing paperwork for producers and
agents;
``(IV) implementing an option for producers with
less than $1,000,000 in gross revenue that requires
significantly less paperwork and recordkeeping;
``(V) developing and using alternative records such
as time-stamped photographs or technology applications
to document planting and production history;
``(VI) treating the different growth stages of
aquaculture species as separate crops to recognize the
difference in perils at different phases of growth;
``(VII) moderating the impacts of disaster years on
historic revenue, such as--
``(aa) using an average of the historic and
projected revenue;
``(bb) counting indemnities as historic revenue
for loss years;
``(cc) counting payments under section 196 of
the Federal Agriculture Improvement and Reform Act
of 1996 (7 U.S.C. 7333) as historic revenue for
loss years; or
``(dd) using an assigned yield floor similar to
the limitation described in section
508(g)(6)(A)(i), as determined by the Secretary;
``(VIII) improving agent training and outreach to
underserved regions and sectors such as small dairy
farms; and
``(IX) providing coverage and indemnification of
insurable losses--
``(aa) after the losses exceed the deductible;
and
``(bb) up to the maximum amount of total
coverage.
``(F) Beginning farmer or rancher defined.--Notwithstanding
section 502(b)(3), with respect to plans described under this
paragraph, the term `beginning farmer or rancher' means a
farmer or rancher who has not actively operated and managed a
farm or ranch with a bona fide insurable interest in a crop or
livestock as an owner-operator, landlord, tenant, or
sharecropper for more than 10 crop years.''; and
(4) by inserting after paragraph (8) (as so redesignated) the
following:
``(9) Tropical storm or hurricane insurance.--
``(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 crops (including
tomatoes, peppers, and citrus) against losses due to a tropical
storm or hurricane.
``(B) Research and development.--Research and development
under subparagraph (A) shall--
``(i) evaluate the effectiveness of risk management
tools for a low frequency and catastrophic loss weather
event; and
``(ii) result in a policy that provides protection for
at least 1 of the following:
``(I) Production loss.
``(II) Revenue loss.
``(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--
``(i) the results of the research and development
carried out under this paragraph; and
``(ii) any recommendations with respect to those
results.
``(10) Quality loss.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the establishment of each of the
following alternative methods of adjusting for quality losses:
``(i) A method that does not impact the actual
production history of a producer.
``(ii) A method that provides that, in circumstances in
which a producer has suffered a quality loss to the insured
crop of the producer that is insufficient to trigger an
indemnity payment, the producer may elect to exclude that
quality loss from the actual production history of the
producer.
``(iii) 1 or more methods that combine the methods
described in clauses (i) and (ii).
``(B) Requirements.--Notwithstanding subsections (g) and
(m) of section 508, any method developed under subparagraph (A)
that is used by the Corporation shall be--
``(i) optional for a producer to use; and
``(ii) offered at an actuarially sound premium rate.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under subparagraph (A); and
``(ii) any recommendations with respect to those
results.
``(11) Citrus.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the insurance of citrus fruit
commodities and commodity types, including research and
development of--
``(i) improvements to 1 or more existing policies,
including the whole-farm revenue protection pilot policy;
``(ii) alternative methods of insuring revenue for
citrus fruit commodities and commodity types; and
``(iii) the development of new, or expansion of
existing, revenue policies for citrus fruit commodities and
commodity types.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under subparagraph (A); and
``(ii) any recommendations with respect to those
results.
``(12) Hops.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding a policy to insure the production of
hops or revenue derived from the production of hops.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under subparagraph (A); and
``(ii) any recommendations with respect to those
results.
``(13) Subsurface irrigation practices.--
``(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 creation of a separate practice for
subsurface irrigation, including the establishment of a
separate transitional yield within a county that is reflective
of the average gain in productivity and yield associated with
the installation of a subsurface irrigation system.
``(B) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under subparagraph (A); and
``(ii) any recommendations with respect to those
results.
``(14) Grain sorghum.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development--
``(i) regarding improvements to 1 or more policies to
insure irrigated grain sorghum;
``(ii) regarding alternative methods for producers with
not more than 4 years of production history to insure
irrigated grain sorghum; and
``(iii) to assess, by county, the difference in the
rate, average yield, and coverage level of grain sorghum
policies compared to policies for other feed grains in that
county.
``(B) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under subparagraph (A); and
``(ii) any recommendations with respect to those
results.
``(15) Limited irrigation practices.--
``(A) Authority.--The Corporation shall--
``(i) consider expanding the availability of the
limited irrigation insurance program to neighboring and
similarly situated States (such as the States of Colorado
and Nebraska), as determined by the Secretary;
``(ii) carry out research, or offer to enter into 1 or
more contracts with 1 or more qualified persons to carry
out research, on the marketability of the existing limited
irrigation insurance program; and
``(iii) make recommendations on how to improve
participation in that program.
``(B) Research.--In carrying out research under
subparagraph (A), a qualified person shall--
``(i) collaborate with researchers on the subjects of--
``(I) reduced irrigation practices or limited
irrigation practices; and
``(II) expected yield reductions following the
application of reduced irrigation;
``(ii) collaborate with State and Federal officials
responsible for the collection of water and the regulation
of water use for the purpose of irrigation;
``(iii) provide recommendations to encourage producers
to carry out limited irrigation practices or reduced
irrigation and water conservation practices; and
``(iv) develop web-based applications that will
streamline access to coverage for producers electing to
conserve water use on irrigated crops.
``(C) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research carried out under
subparagraphs (A) and (B);
``(ii) any recommendations to encourage producers to
carry out limited irrigation practices or reduced
irrigation and water conservation practices; and
``(iii) the actions taken by the Corporation to carry
out the recommendations described in clause (ii).
``(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
policy endorsement rated for rice produced using--
``(i) alternate wetting and drying practices (also
referred to as `intermittent flooding'); and
``(ii) furrow irrigation practices.
``(B) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under paragraph (1); and
``(ii) any recommendations with respect to those
results.
``(17) Greenhouse policy.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into
1 or more contracts with 1 or more qualified persons to
carry out research and development, regarding a policy to
insure in a controlled environment such as a greenhouse--
``(I) the production of floriculture, nursery, and
bedding plants;
``(II) the establishment of cuttings or tissue
culture in a growing medium; or
``(III) other similar production, as determined by
the Secretary.
``(ii) Availability of policy.--Notwithstanding the
last sentence of section 508(a)(1), and section 508(a)(2),
the Corporation shall make a policy described in clause (i)
available if the requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate the
effectiveness of policies for the production of plants in a
controlled environment, including policies that--
``(i) are based on the risk of--
``(I) plant diseases introduced from the
environment;
``(II) contaminated cuttings, seedlings, or tissue
culture; or
``(III) Federal or State quarantine or destruction
orders associated with the contaminated items described
in subclause (II);
``(ii) consider other causes of loss applicable to a
controlled environment, such as a loss of electricity due
to weather;
``(iii) consider appropriate best practices to minimize
the risk of loss;
``(iv) consider whether to provide coverage for various
types of plants under 1 policy or to provide coverage for 1
species or type of plant per policy;
``(v) have streamlined reporting and paperwork
requirements that take into account short propagation
schedules, variable crop years, and the variety of plants
that may be produced in a single facility; and
``(vi) provide protection for revenue losses.
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes--
``(i) the results of the research and development
carried out under subparagraphs (A)(i) and (B); and
``(ii) any recommendations with respect to those
results.
``(18) Local foods.--
``(A) In general.--
``(i) Feasibility study.--The Corporation shall carry
out a study to determine the feasibility of, or offer to
enter into 1 or more contracts with 1 or more qualified
persons to carry out a study to determine the feasibility
of, a policy to insure production--
``(I) of floriculture, fruits, vegetables, poultry,
livestock, or the products of floriculture, fruits,
vegetables, poultry, or livestock; and
``(II) that is targeted toward local consumers and
markets.
``(ii) Availability of policy.--Notwithstanding the
last sentence of section 508(a)(1), and section 508(a)(2),
the Corporation shall make available a policy described in
clause (i) if--
``(I) the results of the feasibility study under
clause (i) are viable; and
``(II) the requirements of section 508(h) are met.
``(B) Feasibility study described.--The feasibility study
described in subparagraph (A)(i) shall evaluate the
effectiveness of policies for production targeted toward local
consumers and markets, including policies that--
``(i) consider small-scale production in various areas,
including urban, suburban, and rural areas;
``(ii) consider a variety of marketing strategies;
``(iii) allow for production in soil and in alternative
systems such as vertical systems, greenhouses, rooftops, or
hydroponic systems;
``(iv) consider the price premium when accounting for
production or revenue losses;
``(v) consider whether to provide coverage--
``(I) for various types of production under 1
policy; and
``(II) for 1 species or type of plant per policy;
and
``(vi) have streamlined reporting and paperwork
requirements.
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that--
``(i) examines whether a version of existing policies
such as the whole-farm revenue protection insurance plan
may be tailored to provide improved coverage for producers
of local foods;
``(ii) describes the results of the feasibility study
carried out under subparagraph (A)(i); and
``(iii) includes any recommendations with respect to
those results.
``(19) High-risk, highly productive batture land policy.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into
1 or more contracts with 1 or more qualified persons to
carry out research and development, regarding a policy to
insure producers of corn, cotton, and soybeans--
``(I) with operations on highly productive batture
land within the Lower Mississippi River Valley;
``(II) that have a history of production of not
less than 5 years; and
``(III) that have been impacted by more frequent
flooding over the past 10 years due to sedimentation or
federally constructed engineering improvements.
``(ii) Availability of policy.--Notwithstanding the
last sentence of section 508(a)(1), and section 508(a)(2),
the Corporation shall make a policy described in clause (i)
available if the requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate the
feasibility of less cost-prohibitive policies for batture-land
producers in high risk areas, including policies that--
``(i) consider premium rate adjustments;
``(ii) consider automatic yield exclusion for
consecutive-year losses; and
``(iii) allow for flexibility of final plant dates and
prevent plant regulations.
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that--
``(i) examines whether a version of existing policies
may be tailored to provide improved coverage for batture-
land producers;
``(ii) describes the results of the research and
development carried out under subparagraphs (A) and (B);
and
``(iii) includes any recommendations with respect to
those results.''.
SEC. 11123. FUNDING FOR RESEARCH AND DEVELOPMENT.
Section 522(e)(2)(A) of the Federal Crop Insurance Act (7 U.S.C.
1522(e)(2)(A)) is amended--
(1) by striking ``not more than $12,500,000 for fiscal year
2008 and each subsequent fiscal year.'' and inserting the
following: ``not more than--
``(i) $12,500,000 for each of fiscal years 2008 through
2018; and''; and
(2) by adding at the end the following:
``(ii) $8,000,000 for fiscal year 2019 and each fiscal
year thereafter.''.
SEC. 11124. TECHNICAL AMENDMENT TO PILOT PROGRAMS.
Section 523(i)(3)(A) of the Federal Crop Insurance Act (7 U.S.C.
1523(i)(3)(A)) is amended by adding a period at the end.
SEC. 11125. EDUCATION AND RISK MANAGEMENT ASSISTANCE.
(a) Education Assistance.--Section 524(a) of the Federal Crop
Insurance Act (7 U.S.C. 1524(a)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by striking
``paragraph (5)'' and all that follows through ``the
Secretary'' in subparagraph (B) and inserting ``paragraph (4),
the Secretary''; and
(B) by striking ``paragraph (3)'' and inserting ``paragraph
(2)'';
(2) by striking paragraph (2);
(3) by redesignating paragraphs (3) through (5) as paragraphs
(2) through (4), respectively;
(4) in paragraph (2) (as so redesignated), in subparagraph
(A)--
(A) by striking ``about the full range of'' and inserting
``and providing technical assistance to agricultural producers
on a full range of farm viability and'';
(B) by inserting ``business planning, enterprise analysis,
transfer and succession planning, management coaching, market
assessment, cash flow analysis,'' after ``insurance,''; and
(C) by inserting ``conservation activities,'' after
``benchmarking,'';
(5) in paragraph (3) (as so redesignated)--
(A) in the matter preceding subparagraph (A)--
(i) by striking ``programs established under paragraphs
(2) and (3)'' and inserting ``program established under
paragraph (2)'';
(ii) by inserting ``farm viability and'' after
``emphasis on''; and
(iii) by inserting ``, business planning and technical
assistance, market assessment, transfer and succession
planning, and crop insurance participation'' after
``benchmarking'';
(B) in subparagraph (D)(i), by striking ``and'' at the end;
and
(C) by striking subparagraph (E) and inserting the
following:
``(iii) are converting production and marketing systems
to pursue new markets; and
``(E) producers that are underserved by the Federal crop
insurance program established under this subtitle, as
determined by the Corporation.''; and
(6) in paragraph (4) (as so redesignated)--
(A) in the matter preceding subparagraph (A), by striking
``transferred'' and all that follows through ``for the
partnerships'' in subparagraph (B) and inserting ``transferred
for the partnerships'';
(B) by striking ``paragraph (3), $5,000,000 for fiscal year
2001'' and inserting ``paragraph (2), $10,000,000 for fiscal
year 2019''; and
(C) by striking the period at the end and inserting ``, of
which not less than $5,000,000 shall be used to carry out
paragraph (3)(E).''.
(b) Conforming Amendments.--Section 251(f)(1)(D)(ii) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6971(f)(1)(D)(ii)) is amended--
(1) by striking ``section 524(a)(3)'' and inserting ``section
524(a)''; and
(2) by striking ``(7 U.S.C. 1524(a)(3))'' and inserting ``(7
U.S.C. 1524(a))''.
SEC. 11126. REPEAL OF CROPLAND REPORT ANNUAL UPDATES.
Section 11014 of the Agricultural Act of 2014 (Public Law 113-79;
128 Stat. 963) is amended by striking subsection (c).
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. ANIMAL DISEASE PREVENTION AND MANAGEMENT.
(a) Definition.--Section 10403 of the Animal Health Protection Act
(7 U.S.C. 8302) is amended by adding at the end the following:
``(18) Veterinary countermeasure.--The term `veterinary
countermeasure' means any biological product (including an animal
vaccine or diagnostic), pharmaceutical product (including a
therapeutic), non-pharmaceutical product (including a
disinfectant), or other product or equipment to prevent, detect,
respond to, or mitigate harm to public or animal health resulting
from, animal pests or diseases.''.
(b) Animal Disease Preparedness and Response.--Section 10409A of
the Animal Health Protection Act (7 U.S.C. 8308A) is amended--
(1) by striking the section heading and inserting ``animal
disease prevention and management'';
(2) in subsection (a), by striking ``(a) Definition of Eligible
Laboratory.--In this section,'' and inserting the following:
``(a) National Animal Health Laboratory Network.--
``(1) Definition of eligible laboratory.--In this
subsection,'';
(3) in subsection (b)--
(A) in paragraph (2), by redesignating subparagraphs (A)
through (E) as clauses (i) through (v), respectively, and
moving the margins of such clauses (as so redesignated) 2 ems
to the right;
(B) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and moving the
margins of such subparagraphs (as so redesignated) 2 ems to the
right;
(4) by redesignating subsections (b) and (c) as paragraphs (2)
and (3), respectively, and moving the margins of such paragraphs
(as so redesignated) 2 ems to the right; and
(5) by adding at the end the following:
``(b) National Animal Disease Preparedness and Response Program.--
``(1) Program required.--The Secretary shall establish a
program, to be known as the National Animal Disease Preparedness
and Response Program (referred to in this section as `the
Program'), to address the increasing risk of the introduction and
spread within the United States of animal pests and diseases
affecting the economic interests of the livestock and related
industries of the United States, including the maintenance and
expansion of export markets.
``(2) Program activities.--Activities under the Program shall
include, to the extent practicable, the following:
``(A) Enhancing animal pest and disease analysis and
surveillance.
``(B) Expanding outreach and education.
``(C) Targeting domestic inspection activities at
vulnerable points in the safeguarding continuum.
``(D) Enhancing and strengthening threat identification
technology.
``(E) Improving biosecurity.
``(F) Enhancing emergency preparedness and response
capabilities, including training additional emergency response
personnel.
``(G) Conducting technology development to enhance
electronic sharing of animal health data for risk analysis
between State and Federal animal health officials.
``(H) Enhancing the development and effectiveness of animal
health technologies to treat and prevent animal disease,
including--
``(i) veterinary biologics and diagnostics;
``(ii) animal drugs for minor uses and minor species;
``(iii) animal medical devices; and
``(iv) emerging veterinary countermeasures.
``(I) Such other activities as determined appropriate by
the Secretary, in consultation with eligible entities specified
in paragraph (3).
``(3) Eligible entities.--To carry out the Program, the
Secretary shall offer to enter into cooperative agreements or other
legal instruments, as authorized under section 10413 (referred to
in this section as `agreements') with eligible entities, to be
selected by the Secretary, which may include any of the following
entities, either individually or in combination:
``(A) A State department of agriculture.
``(B) The office of the chief animal health official of a
State.
``(C) An entity eligible to receive funds under a capacity
and infrastructure program (as defined in section 251(f)(1)(C)
of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6971(f)(1)(C))).
``(D) A college of veterinary medicine, including a
veterinary emergency team at such college.
``(E) A State or national livestock producer organization
with direct and significant economic interest in livestock
production.
``(F) A State emergency agency.
``(G) A State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association.
``(H) An Indian Tribe.
``(I) A Federal agency.
``(4) Special funding considerations.--In entering into
agreements under this subsection, the Secretary shall give priority
to applications submitted by--
``(A) a State department of agriculture or an office of the
chief animal health official of a State; or
``(B) an eligible entity that will carry out program
activities in a State or region in which--
``(i) an animal pest or disease is a Federal concern;
or
``(ii) the Secretary determines a potential exists for
the spread of an animal pest or disease after taking into
consideration--
``(I) the agricultural industries in the State or
region;
``(II) factors contributing to animal pest or
disease in the State or region, such as the climate,
natural resources, and geography of, and native and
exotic wildlife species and other disease vectors in,
the State or region; and
``(III) the movement of animals in the State or
region.
``(5) Consultation.--For purposes of setting priorities under
this subsection, the Secretary shall consult with eligible entities
specified in paragraph (3). The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to consultation carried out under this
paragraph.
``(6) Application.--
``(A) In general.--An eligible entity specified in
paragraph (3) seeking to enter into an agreement under the
Program shall submit to the Secretary an application containing
such information as the Secretary may require.
``(B) Notification.--The Secretary shall notify each
applicant of--
``(i) the requirements to be imposed on the eligible
entity that is the recipient of funds under the Program for
auditing of, and reporting on, the use of such funds; and
``(ii) the criteria to be used to ensure activities
supported using such funds are based on sound scientific
data or thorough risk assessments.
``(C) Non-federal contributions.--When deciding whether to
enter into an agreement under the Program with an eligible
entity described in paragraph (3), the Secretary--
``(i) may take into consideration an eligible entity's
ability to contribute non-Federal funds to carry out such
an agreement; and
``(ii) shall not require such an eligible entity to
make such a contribution as a condition to enter into an
agreement.
``(7) Use of funds.--
``(A) Use consistent with terms of cooperative agreement.--
The recipient of funds under the Program shall use the funds
for the purposes and in the manner provided in the agreement
under which the funds are provided.
``(B) Sub-agreement.--Nothing in this section prevents an
eligible entity from using funds received under the Program to
enter into sub-agreements with another eligible entity or with
a political subdivision of a State that has legal
responsibilities relating to animal disease prevention,
surveillance, or rapid response.
``(8) Reporting requirement.--Not later than 90 days after the
date of completion of an activity conducted using funds provided
under the Program, the recipient of such funds shall submit to the
Secretary a report that describes the purposes and results of the
activities.''.
(c) National Animal Vaccine and Veterinary Countermeasures Bank.--
Section 10409A of the Animal Health Protection Act (7 U.S.C. 8308A), as
amended by subsection (b), is further amended by inserting after
subsection (b) (as added by subsection (b)(5) of this section) the
following:
``(c) National Animal Vaccine Bank.--
``(1) Establishment.--The Secretary shall establish a national
animal vaccine and veterinary countermeasures bank (to be known as
the National Animal Vaccine and Veterinary Countermeasures Bank and
referred to in this subsection as the `Vaccine Bank') to benefit
the domestic interests of the United States.
``(2) Elements of vaccine bank.--Through the Vaccine Bank, the
Secretary shall--
``(A) maintain sufficient quantities of veterinary
countermeasures to appropriately and rapidly respond to the
most damaging animal diseases affecting or with potential to
affect human health or the economy of the United States; and
``(B) leverage, when appropriate, the mechanisms and
infrastructure that have been developed for the management,
storage, and distribution of the National Veterinary Stockpile.
``(3) Priority for response to foot and mouth disease.--The
Secretary shall prioritize the acquisition and maintenance of
sufficient quantities of foot and mouth disease vaccine and
accompanying diagnostic products for the Vaccine Bank. As part of
such prioritization, the Secretary may offer to enter into one or
more contracts with one or more entities that are capable of
producing foot and mouth disease vaccine and that have surge
production capacity of the vaccine.''.
(d) Funding.--Section 10409A of the Animal Health Protection Act (7
U.S.C. 8308A), as amended by subsections (b) and (c), is further
amended by striking subsection (d) and inserting the following:
``(d) Funding.--
``(1) Mandatory funding.--
``(A) Fiscal years 2019 through 2022.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $120,000,000 for the period
of fiscal years 2019 through 2022, of which not less than
$5,000,000 shall be made available for each of those fiscal
years to carry out subsection (b).
``(B) Subsequent fiscal years.--Of the funds of the
Commodity Credit Corporation, the Secretary shall make
available to carry out this section $30,000,000 for fiscal year
2023 and each fiscal year thereafter, of which not less than
$18,000,000 shall be made available for each of those fiscal
years to carry out subsection (b).
``(2) Authorization of appropriations.--
``(A) National animal health laboratory network.--In
addition to the funds made available under paragraph (1), there
is authorized to be appropriated $30,000,000 for each of fiscal
years 2019 through 2023 to carry out subsection (a).
``(B) National animal disease preparedness and response
program; national animal vaccine and veterinary countermeasures
bank.--In addition to the funds made available under paragraph
(1), there is authorized to be appropriated such sums as are
necessary for each of fiscal years 2019 through 2023 to carry
out subsections (b) and (c).
``(C) Additionality.--The funds authorized for
appropriation under this paragraph are in addition to any funds
authorized or otherwise made available under this section or
section 10417.
``(3) Administrative costs.--
``(A) Secretary.--Of the funds made available under this
section or section 10417 to carry out the National Animal
Health Laboratory Network under subsection (a) and the National
Animal Disease Preparedness and Response Program under
subsection (b), not more than 4 percent may be retained by the
Secretary to pay administrative costs incurred by the
Secretary.
``(B) Eligible entities.--Of the funds made available under
this section or section 10417 to carry out the National Animal
Disease Preparedness and Response Program under subsection (b),
not more than 10 percent may be retained by an eligible entity
that receives funds under any agreement entered into under such
subsection, including any sub-agreement under paragraph (7)(B)
of such subsection to pay administrative costs incurred by the
eligible entity to carry out activities under the Program.
``(4) Duration of availability.--Funds made available under
this subsection, including any proceeds credited under paragraph
(5), shall remain available until expended.
``(5) Proceeds from veterinary countermeasures sales.--Any
proceeds of a sale of veterinary countermeasures from the Vaccine
Bank shall be--
``(A) deposited into the Treasury of the United States; and
``(B) credited to the account for the operation of the
Vaccine Bank to be made available for expenditure without
further appropriation.
``(6) Limitations on use of funds for certain purposes.--Funds
made available under the National Animal Health Laboratory Network,
the National Animal Disease Preparedness and Response Program, and
the Vaccine Bank shall not be used for the construction of a new
building or facility or the acquisition or expansion of an existing
building or facility, including site grading and improvement and
architect fees.
``(e) Availability and Purpose of Funding.--
``(1) In general.--Using the funds made available under
subsection (d), the Secretary of Agriculture shall offer to enter
into contracts, grants, cooperative agreements, or other legal
instruments under subsections (a) through (c) during each of the
fiscal years 2019 through 2023.
``(2) Effect.--Nothing in paragraph (1) shall be construed to
terminate a contract, grant, cooperative agreement, or other legal
instrument entered into during the period specified in such
paragraph.''.
SEC. 12102. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.
Section 209(c) of the Agricultural Marketing Act of 1946 (7 U.S.C.
1627a(c)) is amended by striking ``$1,500,000 for fiscal year 2014''
and inserting ``$2,000,000 for fiscal year 2019''.
SEC. 12103. FEASIBILITY 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) examine how the establishment of a livestock dealer
statutory trust would affect seller recovery in the event of a
livestock dealer payment default;
(3) 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;
(4) examine unique circumstances common to livestock dealers
and how those circumstances could impact the functionality of a
livestock dealer statutory trust;
(5) 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;
(6) assess the effectiveness of statutory trusts in other
segments of agriculture, whether similar effects could be
experienced under a livestock dealer statutory trust, and whether
authorizing the Secretary to appoint an independent trustee under
the livestock dealer statutory trust would improve seller recovery;
(7) consider the effects of exempting dealers with average
annual purchases under a de minimis threshold from being subject to
the livestock dealer statutory trust; and
(8) analyze how the establishment of a livestock dealer
statutory trust would affect the treatment of sellers of livestock
as it relates to preferential transfer in bankruptcy.
(c) Report.--Not later than 1 year 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. 12104. 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. 12105. NATIONAL AQUATIC ANIMAL HEALTH PLAN.
Section 11013 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8322) is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 12106. VETERINARY TRAINING.
Section 10504 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8318) is amended--
(1) by inserting ``and veterinary teams, including those based
at colleges of veterinary medicine,'' after ``veterinarians''; and
(2) by inserting before the period at the end the following:
``and who are capable of providing effective services before,
during, and after emergencies''.
SEC. 12107. REPORT ON FSIS GUIDANCE AND OUTREACH TO SMALL MEAT
PROCESSORS.
(a) In General.--The Secretary shall offer to enter into a contract
with a land-grant college or university or a non-land-grant college of
agriculture (as those terms are defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3101)) to review the effectiveness of existing Food Safety and
Inspection Service guidance materials and other tools used by small and
very small establishments, as defined by regulations issued by the Food
Safety and Inspection Service, operating under Federal inspection, as
in effect on the date of enactment of this Act, including--
(1) the effectiveness of the outreach conducted by the Food
Safety and Inspection Service to small and very small
establishments;
(2) the effectiveness of the guidance materials and other tools
used by the Food Safety and Inspection Service to assist small and
very small establishments; and
(3) the responsiveness of Food Safety and Inspection Service
personnel to inquiries and issues from small and very small
establishments.
(b) Report.--Not later than 1 year after the date of the 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 that describes--
(1) the results of the review conducted under subsection (a);
and
(2) recommendations on measures the Food Safety and Inspection
Service should take to improve regulatory clarity and consistency
and ensure all guidance materials and other tools take into account
small and very small establishments.
SEC. 12108. REGIONAL CATTLE AND CARCASS GRADING CORRELATION AND
TRAINING CENTERS.
(a) In General.--The Secretary shall establish not more than 3
regional centers, to be known as Cattle and Carcass Grading Correlation
and Training Centers (referred to in this section as the ``Centers''),
to provide education and training for cattle and carcass beef graders
of the Agricultural Marketing Service, cattle producers, and other
professionals involved in the reporting, delivery, and grading of
feeder cattle, live cattle, and carcasses--
(1) to limit the subjectivity in the application of beef
grading standards;
(2) to provide producers with greater confidence in the price
of the producers' cattle; and
(3) to provide investors with both long and short positions
more assurance in the cattle delivery system.
(b) Location.--The Centers shall be located near cattle feeding and
slaughter populations and areas shall be strategically identified in
order to capture regional variances in cattle production.
(c) Administration.--Each Center shall be organized and
administered by offices of the Department of Agriculture in operation
on the date on which the respective Center is established, or in
coordination with other appropriate Federal agencies or academic
institutions.
(d) Training Program.--The Centers shall offer intensive
instructional programs involving classroom and field training work for
individuals described in subsection (a).
(e) Coordination of Resources.--Each Center, in carrying out the
functions of the Center, shall make use of information generated by the
Department of Agriculture, the State agricultural extension and
research stations, relevant designated contract markets, and the
practical experience of area cattle producers, especially cattle
producers cooperating in on-farm demonstrations, correlations, and
research projects.
(f) Prohibition on Construction.--Funds made available to carry out
this section shall not be used for the construction of a new building
or facility or the acquisition, expansion, remodeling, or alteration of
an existing building or facility (including site grading and
improvement, and architect fees). Notwithstanding the preceding
sentence, the Secretary may use funds made available to carry out this
section to provide a Center with payment for the cost of the rental of
a space determined to be necessary by the Center for conducting
training under this section and may accept donations (including in-kind
contributions) to cover such cost.
Subtitle B--Agriculture and Food Defense
SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.
Section 14111 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 8911) is repealed.
SEC. 12202. OFFICE OF HOMELAND SECURITY.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6911 et seq.) is amended by adding at the end the
following:
``SEC. 221. OFFICE OF HOMELAND SECURITY.
``(a) Definition of Agriculture and Food Defense.--In this section,
the term `agriculture and food defense' means any action to prevent,
protect against, mitigate the effects of, respond to, or recover from a
naturally occurring, unintentional, or intentional threat to the
agriculture and food system.
``(b) Authorization.--The Secretary shall establish in the
Department the Office of Homeland Security.
``(c) Executive Director.--The Office of Homeland Security shall be
headed by an Executive Director, who shall be known as the Executive
Director of Homeland Security.
``(d) Duties.--The Executive Director of Homeland Security shall--
``(1) serve as the principal advisor to the Secretary on
homeland security, including emergency management and agriculture
and food defense;
``(2) coordinate activities of the Department, including
policies, processes, budget needs, and oversight relating to
homeland security, including emergency management and agriculture
and food defense;
``(3) act as the primary liaison on behalf of the Department
with other Federal departments and agencies in activities relating
to homeland security, including emergency management and
agriculture and food defense, and provide for interagency
coordination and data sharing;
``(4)(A) coordinate in the Department the gathering of
information relevant to early warning and awareness of threats and
risks to the food and agriculture critical infrastructure sector;
and
``(B) share that information with, and provide assistance with
interpretation and risk characterization of that information to,
the intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003)), law enforcement agencies,
the Secretary of Defense, the Secretary of Homeland Security, the
Secretary of Health and Human Services, and State fusion centers
(as defined in section 210A(j) of the Homeland Security Act of 2002
(6 U.S.C. 124h(j));
``(5) liaise with the Director of National Intelligence to
assist in the development of periodic assessments and intelligence
estimates, or other intelligence products, that support the defense
of the food and agriculture critical infrastructure sector;
``(6) coordinate the conduct, evaluation, and improvement of
exercises to identify and eliminate gaps in preparedness and
response;
``(7) produce a Department-wide centralized strategic
coordination plan to provide a high-level perspective of the
operations of the Department relating to homeland security,
including emergency management and agriculture and food defense;
and
``(8) carry out other appropriate duties, as determined by the
Secretary.
``(e) Agriculture and Food Threat Awareness Partnership Program.--
``(1) Interagency exchange program.--The Secretary, in
partnership with the intelligence community (as defined in section
3 of the National Security Act of 1947 (50 U.S.C. 3003)) and fusion
centers (as defined in section 210A(j) of the Homeland Security Act
of 2002 (6 U.S.C. 124h(j)) that have analysis and intelligence
capabilities relating to the defense of the food and agriculture
critical infrastructure sector, shall establish and carry out an
interagency exchange program of personnel and information to
improve communication and analysis for the defense of the food and
agriculture critical infrastructure sector.
``(2) Collaboration with federal, state, and local
authorities.--To carry out the program established under paragraph
(1), the Secretary may--
``(A) enter into 1 or more cooperative agreements or
contracts with Federal, State, or local authorities that have
analysis and intelligence capabilities and expertise relating
to the defense of the food and agriculture critical
infrastructure sector; and
``(B) carry out any other activity under any other
authority of the Secretary that is appropriate to engage the
authorities described in subparagraph (A) for the defense of
the food and agriculture critical infrastructure sector, as
determined by the Secretary.''.
SEC. 12203. AGRICULTURE AND FOOD DEFENSE.
(a) Definitions.--In this section:
(1) Animal.--The term ``animal'' has the meaning given the term
in section 10403 of the Animal Health Protection Act (7 U.S.C.
8302).
(2) Disease or pest of concern.--The term ``disease or pest of
concern'' means a plant or animal disease or pest that--
(A) is--
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the food and
agriculture critical infrastructure sector that warrants
efforts at prevention, protection, mitigation, response, and
recovery.
(3) Established disease.--The term ``established disease''
means a plant or animal disease or pest that--
(A)(i) if it becomes established, poses an imminent threat
to agriculture in the United States; or
(ii) has become established, as defined by the Secretary,
within the United States; and
(B) requires management.
(4) High-consequence plant transboundary disease.--The term
``high-consequence plant transboundary disease'' means a
transboundary disease that is--
(A)(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the Secretary.
(5) Pest.--The term ``pest''--
(A) with respect to a plant, has the meaning given the term
``plant pest'' in section 403 of the Plant Protection Act (7
U.S.C. 7702); and
(B) with respect to an animal, has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(6) Plant.--The term ``plant'' has the meaning given the term
in section 403 of the Plant Protection Act (7 U.S.C. 7702).
(7) Plant health management strategy.--The term ``plant health
management strategy'' means a strategy to timely control and
eradicate a plant disease or plant pest outbreak, including through
mitigation (such as chemical control), surveillance, the use of
diagnostic products and procedures, and the use of existing
resistant seed stock.
(8) Transboundary disease.--
(A) In general.--The term ``transboundary disease'' means a
plant or animal disease or pest that is within 1 or more
countries outside of the United States.
(B) Inclusion.--The term ``transboundary disease'' includes
a plant or animal disease or pest described in subparagraph (A)
that--
(i) has emerged within the United States; or
(ii) has been introduced within the United States.
(9) Veterinary countermeasure.--The term ``veterinary
countermeasure'' has the meaning given such term in section 10403
of the Animal Health Protection Act (7 U.S.C. 8302).
(b) Disease or Pest of Concern Response Planning.--
(1) In general.--The Secretary shall--
(A) establish a list of diseases or pests of concern by--
(i) developing a process to solicit and receive expert
opinion and evidence relating to the diseases or pests of
concern entered on the list; and
(ii) reviewing all available evidence relating to the
diseases or pests of concern entered on the list, including
classified information; and
(B) periodically update the list established under
subparagraph (A).
(2) Response plans.--
(A) Comprehensive strategic response plan or plans.--The
Secretary shall develop, in collaboration with appropriate
Federal, State, regional, and local officials, a comprehensive
strategic response plan or plans, as appropriate, for the
diseases or pests of concern that are entered on the list
established under paragraph (1).
(B) State or region response plan or plans.--The Secretary
shall provide information to a State or region to assist in
producing a response plan or plans that shall include a concept
of operations for a disease or pest of concern or a platform
concept of operations for responses to similar diseases or
pests of concern that are determined to be a priority to the
State or region that shall, as appropriate--
(i) describe the appropriate interactions among, and
roles of--
(I) Federal, State, Tribal, and units of local
government; and
(II) plant or animal industry partners;
(ii) include a decision matrix or dynamic decision
modeling tools that, as appropriate, include--
(I) information and timing requirements necessary
for the use of veterinary countermeasures;
(II) plant health management strategies;
(III) deployment of other key materials and
resources; and
(IV) parameters for transitioning from outbreak
response to disease management;
(iii) identify key response performance metrics to
establish--
(I) benchmarking to provide assessments of
capabilities, capacity, and readiness to achieve
response goals and objectives;
(II) progressive exercise evaluation; and
(III) continuing improvement of a response plan,
including by providing for--
(aa) ongoing exercises;
(bb) improvement planning and the
implementation of corrective actions to enhance a
response plan over time; and
(cc) strategic information to guide investment
in any appropriate research to mitigate the risk of
a disease or pest of concern; and
(iv) be updated periodically, including in response
to--
(I) an exercise evaluation; or
(II) new risk information becoming available
regarding a disease or pest of concern.
(3) Coordination of plans.--Pursuant to section 221(d)(6) of
the Department of Agriculture Reorganization Act of 1994, as added
by section 12202, the Secretary shall, as appropriate, assist in
coordinating with other appropriate Federal, State, regional, or
local officials in the exercising of the plans developed under
paragraph (2).
(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, surveillance, early
identification, rapid communication, warning, and diagnosis of
a threat to plant health from a disease or pest of concern to
protect natural and agricultural plant resources;
(B) coordinate and collaborate with agencies of the
Department of Agriculture and State agencies and authorities
involved in plant health;
(C) establish diagnostic laboratory standards;
(D) establish regional hubs throughout the United States
that provide expertise, leadership, and support to diagnostic
labs relating to the agricultural crops and plants in the
covered regions of those hubs; and
(E) establish a national repository for records of endemic
or emergent diseases and pests of concern.
(3) Head of network.--
(A) In general.--The Director of the National Institute of
Food and Agriculture shall serve as the head of the National
Plant Diagnostic Network.
(B) Duties.--The head of the National Plant Diagnostic
Network shall--
(i) coordinate and collaborate with land-grant colleges
and universities (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)) in carrying out the
requirements under paragraph (2), including through
cooperative agreements described in paragraph (4);
(ii) partner with the Administrator of the Animal and
Plant Health Inspection Service for assistance with plant
health regulation and inspection; and
(iii) coordinate with other Federal agencies, as
appropriate, in carrying out activities relating to the
National Plant Diagnostic Network, including the sharing of
biosurveillance information.
(4) Collaboration with land-grant colleges and universities.--
The Secretary shall seek to establish cooperative agreements with
land-grant colleges and universities (as defined in section 1404 of
the National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3103)) that have the appropriate level of
skill, experience, and competence with plant diseases or pests of
concern.
(5) Authorization of appropriations.--In addition to the amount
authorized to carry out this subtitle under section 12205, there is
authorized to be appropriated to carry out this subsection
$15,000,000 for each of fiscal years 2019 through 2023.
(d) National Plant Disease Recovery System.--
(1) Recovery system.--The Secretary shall establish in the
Department of Agriculture a National Plant Disease Recovery System
to engage in strategic long-range planning to recover from high-
consequence plant transboundary diseases.
(2) Requirements.--The National Plant Disease Recovery System
established under paragraph (1) shall--
(A) coordinate with disease or pest of concern concept of
operations response plans;
(B) make long-range plans for the initiation of future
research projects relating to high-consequence plant
transboundary diseases;
(C) establish research plans for long-term recovery;
(D) plan for the identification and use of specific
genotypes, cultivars, breeding lines, and other disease-
resistant materials necessary for crop stabilization or
improvement; and
(E) establish a watch list of high-consequence plant
transboundary diseases for the purpose of making long-range
plans under subparagraph (B).
SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST.
Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism Protection
Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is amended--
(1) in subclause (III), by striking ``and'' at the end;
(2) by redesignating subclause (IV) as subclause (V); and
(3) by inserting after subclause (III) the following:
``(IV)(aa) whether such inclusion would have a
substantial negative impact on the research and
development of solutions for the animal or plant
disease caused by the agent or toxin; and
``(bb) whether the negative impact described in
item (aa) would substantially outweigh the risk posed
by the agent or toxin to animal or plant health if it
is not included on the list; and''.
SEC. 12205. AUTHORIZATION OF APPROPRIATIONS.
In addition to other amounts made available under this subtitle,
there is authorized to be appropriated to carry out this subtitle
$5,000,000 for each of fiscal years 2019 through 2023.
Subtitle C--Historically Underserved Producers
SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH.
(a) Repeal.--
(1) In general.--Section 7405 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2) Conforming amendments.--
(A) Section 226B(e)(2)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B)) is amended
by striking ``the beginning farmer and rancher development
program established under section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f).'' and inserting
``the beginning farmer and rancher development grant program
established under subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279).''.
(B) Section 251(f)(1)(D) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is amended
by striking clause (iv) and inserting the following:
``(iv) The beginning farmer and rancher development
grant program established under subsection (d) of section
2501 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279).''.
(C) Section 7506(e) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 7614c(e)) is amended--
(i) in paragraph (2)(C)--
(I) by striking clause (v);
(II) by redesignating clauses (i) through (iv) as
clauses (ii) through (v), respectively;
(III) by inserting before clause (ii) (as so
redesignated) the following:
``(i) each grant and cooperative agreement awarded
under subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279);'';
(IV) in clause (ii) (as so redesignated), by
striking ``450i(b)(2));'' and inserting
``3157(b)(2));''; and
(V) in clause (iv) (as so redesignated), by adding
``and'' at the end; and
(ii) in paragraph (4)--
(I) by striking subparagraph (E);
(II) by redesignating subparagraphs (A) through (D)
as subparagraphs (B) through (E), respectively;
(III) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279);'';
(IV) in subparagraph (B) (as so redesignated), by
striking ``450i(b));'' and inserting ``3157(b));'';
(V) in subparagraph (D) (as so redesignated), by
adding ``or'' at the end; and
(VI) in subparagraph (E) (as so redesignated), by
striking ``; or'' and inserting a period.
(b) Outreach and Education for Socially Disadvantaged Farmers and
Ranchers, Veteran Farmers and Ranchers, and Beginning Farmers and
Ranchers.--Section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended--
(1) by striking the section heading and inserting ``farming
opportunities training and outreach'';
(2) by redesignating subsection (i) as paragraph (5) (and
moving the margins of such paragraph 2 ems to the right) and moving
such paragraph (as so redesignated) so as to follow subsection
(a)(4);
(3) by redesignating subsections (a) (as amended by paragraph
(2)), (b), (c), (d), (e), (g), and (h) as subsections (c), (g),
(k), (h), (a), (i), and (j), respectively, and moving the
subsections so as to appear in alphabetical order;
(4) by moving paragraph (5) of subsection (a) (as so
redesignated) so as to appear at the end of subsection (c) (as so
redesignated) and redesignating such paragraph as paragraph (6);
(5) in subsection (a) (as so redesignated)--
(A) by striking the subsection designation and heading and
inserting the following:
``(a) Definitions.--In this section:'';
(B) by redesignating paragraphs (1), (2), (3), (4), and (6)
as paragraphs (6), (5), (1), (3), and (4), respectively, and
moving the paragraphs so as to appear in numerical order;
(C) in paragraphs (1), (5), and (6) (as so redesignated),
by striking ``As used in this section, the'' each place it
appears and inserting ``The'';
(D) in paragraph (1) (as so redesignated)--
(i) in the paragraph heading, by striking
``agriculture'' and inserting ``agricultural''; and
(ii) in the matter preceding subparagraph (A), by
striking ``agriculture'' and inserting ``agricultural'';
and
(E) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Beginning farmer or rancher.--The term `beginning farmer
or rancher' means a person that--
``(A)(i) has not operated a farm or ranch; or
``(ii) has operated a farm or ranch for not more than 10
years; and
``(B) meets such other criteria as the Secretary may
establish.'';
(6) by inserting after subsection (a) (as so redesignated) the
following:
``(b) Farming Opportunities Training and Outreach.--The Secretary
shall carry out this section to encourage and assist socially
disadvantaged farmers and ranchers, veteran farmers and ranchers, and
beginning farmers and ranchers in the ownership and operation of farms
and ranches through--
``(1) education and training; and
``(2) equitable participation in all agricultural programs of
the Department.'';
(7) in subsection (c) (as so redesignated and as amended by
paragraph (4))--
(A) in the subsection heading, by inserting ``for Socially
Disadvantaged and Veteran Farmers and Ranchers'' after
``Assistance'';
(B) by striking paragraph (4);
(C) by redesignating paragraphs (1), (2), (3), and (6) as
paragraphs (2), (3), (4), and (1), respectively, and moving the
paragraphs so as to appear in numerical order;
(D) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``The term'' and inserting ``In this subsection,
the term'';
(ii) in subparagraph (A)(ii), by striking ``subsection
(a)'' and inserting ``this subsection''; and
(iii) in subparagraph (F), by striking ``450b))'' and
inserting ``5304))'';
(E) in paragraph (2) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by
striking ``The Secretary of Agriculture shall carry out''
and inserting ``Using funds made available under subsection
(l), the Secretary of Agriculture shall, for the period of
fiscal years 2019 through 2023, carry out''; and
(ii) in subparagraph (B), by striking ``agricultural''
and inserting ``agricultural, forestry, and related'';
(iii) by striking ``agricultural'' and inserting
``agricultural, forestry, and related'';
(F) in paragraph (3) (as so redesignated), by striking
``(1)'' in the matter preceding subparagraph (A) and inserting
``(2)''; and
(G) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)--
(I) by striking the subparagraph heading and
inserting ``Outreach and technical assistance.--'';
(II) by striking ``(2)'' and inserting ``(3)''; and
(III) by inserting ``to socially disadvantaged
farmers and ranchers and veteran farmers and ranchers''
after ``assistance'';
(ii) in subparagraph (C), by striking ``(1)'' and
inserting ``(2)'';
(iii) in subparagraph (D), by adding at the end the
following:
``(v) The number of farms or ranches started,
maintained, or improved as a result of funds made available
under the program.
``(vi) Actions taken by the Secretary in partnership
with eligible entities to enhance participation in
agricultural programs by veteran farmers or ranchers and
socially disadvantaged farmers or ranchers.
``(vii) The effectiveness of the actions described in
clause (vi).''; and
(iv) by adding at the end the following:
``(E) Maximum term and amount of grant, contract, or
agreement.--A grant, contract, or agreement entered into under
subparagraph (A) shall be--
``(i) for a term of not longer than 3 years; and
``(ii) in an amount that is not more than $250,000 for
each year of the grant, contract, or agreement.
``(F) Priority.--In making grants and entering into
contracts and other agreements under subparagraph (A), the
Secretary shall give priority to nongovernmental and community-
based organizations with an expertise in working with socially
disadvantaged farmers and ranchers or veteran farmers and
ranchers.
``(G) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
eligible entities to which grants are made and contracts and
other agreements are entered into under subparagraph (A).
``(H) Prohibition.--A grant, contract, or other agreement
under subparagraph (A) may not be used for the planning,
repair, rehabilitation, acquisition, or construction of a
building or facility.
``(I) Peer review.--The Secretary shall establish a fair
and efficient external peer review process that--
``(i) the Secretary shall use in making grants and
entering into contracts and other agreements under
subparagraph (A); and
``(ii) shall include a broad representation of peers of
the eligible entity.
``(J) Input from eligible entities.--The Secretary shall
seek input from eligible entities providing technical
assistance under this subsection not less than once each year
to ensure that the program is responsive to the eligible
entities providing that technical assistance.'';
(8) by inserting after subsection (c) (as so redesignated) the
following:
``(d) Beginning Farmer and Rancher Development Grant Program.--
``(1) In general.--Using funds made available under subsection
(l), the Secretary, acting through the Director of the National
Institute of Food and Agriculture, shall, for the period of fiscal
years 2019 through 2023, make competitive grants or enter into
cooperative agreements to support new and established local and
regional training, education, outreach, and technical assistance
initiatives to increase opportunities for beginning farmers and
ranchers.
``(2) Included programs and services.--Initiatives described in
paragraph (1) may include programs or services, as appropriate,
relating to--
``(A) basic livestock, forest management, and crop farming
practices;
``(B) innovative farm, ranch, and private, nonindustrial
forest land transfer and succession strategies;
``(C) entrepreneurship and business training;
``(D) technical assistance to help beginning farmers or
ranchers acquire land from retiring farmers and ranchers;
``(E) financial and risk management training, including the
acquisition and management of agricultural credit;
``(F) natural resource management and planning;
``(G) diversification and marketing strategies;
``(H) curriculum development;
``(I) mentoring, apprenticeships, and internships;
``(J) resources and referral;
``(K) farm financial benchmarking;
``(L) agricultural rehabilitation and vocational training
for veteran farmers and ranchers;
``(M) farm safety and awareness;
``(N) food safety and recordkeeping; and
``(O) other similar subject areas of use to beginning
farmers and ranchers.
``(3) Eligibility.--
``(A) In general.--To be eligible to receive a grant or
enter into a cooperative agreement under this subsection, the
recipient of the grant or participant in the cooperative
agreement shall be a collaborative State, Tribal, local, or
regionally-based network or partnership of public or private
entities.
``(B) Inclusions.--A recipient of a grant or a participant
that enters into a cooperative agreement described in
subparagraph (A) may include--
``(i) a State cooperative extension service;
``(ii) a Federal, State, municipal, or Tribal agency;
``(iii) a community-based or nongovernmental
organization;
``(iv) a college or university (including an
institution awarding an associate's degree) or foundation
maintained by a college or university; or
``(v) any other appropriate partner, as determined by
the Secretary.
``(4) Terms of grants or cooperative agreement.--A grant or
cooperative agreement under this subsection shall--
``(A) be for a term of not longer than 3 years; and
``(B) provide not more than $250,000 for each year.
``(5) Matching requirement.--
``(A) In general.--Except as provided in subparagraph (B),
to be eligible to receive a grant or enter into a cooperative
agreement under this subsection, a recipient or participant
shall provide a match in the form of cash or in-kind
contributions in an amount equal to 25 percent of the funds
provided by the grant or cooperative agreement.
``(B) Exception.--The Secretary may waive or reduce the
matching requirement in subparagraph (A) if the Secretary
determines such a waiver or modification is necessary to
effectively reach an underserved area or population.
``(6) Evaluation criteria.--In making grants or entering into
cooperative agreements under this subsection, the Secretary shall
evaluate, with respect to applications for the grants or
cooperative agreements--
``(A) relevancy;
``(B) technical merit;
``(C) achievability;
``(D) the expertise and track record of 1 or more
applicants;
``(E) the consultation of beginning farmers and ranchers in
design, implementation, and decisionmaking relating to an
initiative described in paragraph (1);
``(F) the adequacy of plans for--
``(i) a participatory evaluation process;
``(ii) outcome-based reporting; and
``(iii) the communication of findings and results
beyond the immediate target audience; and
``(G) other appropriate factors, as determined by the
Secretary.
``(7) Regional balance.--To the maximum extent practicable, the
Secretary shall ensure the geographical diversity of recipients of
grants or participants in cooperative agreements under this
subsection.
``(8) Priority.--In making grants or entering into cooperative
agreements 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.
``(9) Prohibition.--A grant made or cooperative agreement
entered into under this subsection may not be used for the
planning, repair, rehabilitation, acquisition, or construction of a
building or facility.
``(10) Coordination permitted.--A recipient of a grant or
participant in a cooperative agreement under this subsection may
coordinate with a recipient of a grant or cooperative agreement
under section 1680 in addressing the needs of veteran farmers and
ranchers with disabilities.
``(11) Consecutive awards.--A grant or cooperative agreement
under this subsection may be made to a recipient or participant for
consecutive years.
``(12) Peer review.--
``(A) In general.--The Secretary shall establish a fair and
efficient external peer review process, which the Secretary
shall use in making grants or entering into cooperative
agreements under this subsection.
``(B) Requirement.--The peer review process under
subparagraph (A) shall include a review panel composed of a
broad representation of peers of the applicant for the grant or
cooperative agreement that are not applying for a grant or
cooperative agreement under this subsection.
``(13) 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,
retiring farmers, and non-farming landowners) from participating in
a program or service under this subsection, to the extent that the
Secretary determines that such participation--
``(A) is appropriate; and
``(B) will not detract from the primary purpose of
increasing opportunities for beginning farmers and ranchers.
``(14) Education teams.--
``(A) In general.--The Secretary shall establish beginning
farmer and rancher education teams to develop curricula,
conduct educational programs and workshops for beginning
farmers and ranchers in diverse geographical areas of the
United States, or provide training and technical assistance
initiatives for beginning farmers or ranchers or for trainers
and service providers that work with beginning farmers or
ranchers.
``(B) Curriculum.--In promoting the development of
curricula, educational programs and workshops, or training and
technical assistance initiatives under subparagraph (A), the
Secretary shall, to the maximum extent practicable, include
content tailored to specific audiences of beginning farmers and
ranchers, based on crop diversity or regional diversity.
``(C) Composition.--In establishing an education team under
subparagraph (A) for a specific program or workshop, the
Secretary shall, to the maximum extent practicable--
``(i) obtain the short-term services of specialists
with knowledge and expertise in programs serving beginning
farmers and ranchers; and
``(ii) use officers and employees of the Department
with direct experience in programs of the Department that
may be taught as part of the curriculum for the program or
workshop.
``(D) Cooperation.--
``(i) In general.--In carrying out this subsection, the
Secretary shall cooperate, to the maximum extent
practicable, with--
``(I) State cooperative extension services;
``(II) Federal, State, and Tribal agencies;
``(III) community-based and nongovernmental
organizations;
``(IV) colleges and universities (including an
institution awarding an associate's degree) or
foundations maintained by a college or university; and
``(V) other appropriate partners, as determined by
the Secretary.
``(ii) Cooperative agreements.--The Secretary may enter
into a cooperative agreement to reflect the terms of any
cooperation under subparagraph (A).
``(15) 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.
``(e) Application Requirements.--In making grants and entering into
contracts and other agreements, as applicable, under subsections (c)
and (d), the Secretary shall make available a simplified application
process for an application for a grant that requests less than
$50,000.'';
(9) by striking subsection (f) and inserting the following:
``(f) Stakeholder Input.--In carrying out this section, the
Secretary shall seek stakeholder input from--
``(1) beginning farmers and ranchers;
``(2) socially disadvantaged farmers and ranchers;
``(3) veteran farmers and ranchers;
``(4) national, State, Tribal, and local organizations and
other persons with expertise in operating programs for--
``(A) beginning farmers and ranchers;
``(B) socially disadvantaged farmers and ranchers; or
``(C) veteran farmers and ranchers;
``(5) the Advisory Committee on Beginning Farmers and Ranchers
established under section 5(b) of the Agricultural Credit
Improvement Act of 1992 (7 U.S.C. 1929 note; Public Law 102-554);
``(6) the Advisory Committee on Minority Farmers established
under section 14008 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 2279 note; Public Law 110-246); and
``(7) the Tribal Advisory Committee established under
subsection (b) of section 309 of the Federal Crop Insurance Reform
and Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6921).'';
(10) in paragraph (3) of subsection (h) (as so redesignated),
by inserting ``and not later than March 1, 2020,'' after ``1991,'';
and
(11) by adding at the end the following:
``(l) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section--
``(A) $30,000,000 for each of fiscal years 2019 and 2020;
``(B) $35,000,000 for fiscal year 2021;
``(C) $40,000,000 for fiscal year 2022; and
``(D) $50,000,000 for fiscal year 2023 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 of
fiscal years 2019 through 2023.
``(3) Reservation of funds.--Of the amounts made available to
carry out this section--
``(A) 50 percent shall be used to carry out subsection (c);
and
``(B) 50 percent shall be used to carry out subsection (d).
``(4) Allocation of funds.--
``(A) In general.--Not less than 5 percent of the amounts
made available to carry out subsection (d) for a fiscal year
shall be used to support programs and services that address the
needs of--
``(i) limited resource beginning farmers and ranchers,
as defined by the Secretary;
``(ii) socially disadvantaged farmers and ranchers that
are beginning farmers and ranchers; and
``(iii) farmworkers desiring to become farmers or
ranchers.
``(B) Veteran farmers and ranchers.--Not less than 5
percent of the amounts made available to carry out subsection
(d) for a fiscal year shall be used to support programs and
services that address the needs of veteran farmers and
ranchers.
``(5) Interagency funding.--Any agency of the Department may
participate in any grant, contract, or agreement entered into under
this section by contributing funds, if the contributing agency
determines that the objectives of the grant, contract, or agreement
will further the authorized programs of the contributing agency.
``(6) Administrative expenses.--Not more than 5 percent of the
amounts made available to carry out this section for a fiscal year
may be used for expenses relating to the administration of this
section.
``(7) Limitation on indirect costs.--A recipient of a grant or
a party to a contract or other agreement under subsection (c) or
(d) may not use more than 10 percent of the funds received for the
indirect costs of carrying out a grant, contract, or other
agreement.''.
SEC. 12302. URBAN AGRICULTURE.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6911 et seq.) (as amended by section 12202) is amended
by adding at the end the following:
``SEC. 222. OFFICE OF URBAN AGRICULTURE AND INNOVATIVE PRODUCTION.
``(a) Office.--
``(1) In general.--The Secretary shall establish in the
Department an Office of Urban Agriculture and Innovative
Production.
``(2) Director.--The Secretary shall appoint a senior official
to serve as the Director of the Office of Urban Agriculture and
Innovative Production (referred to in this section as the
`Director').
``(3) Mission.--The mission of the Office of Urban Agriculture
and Innovative Production shall be to encourage and promote urban,
indoor, and other emerging agricultural practices, including--
``(A) community gardens and farms located in urban areas,
suburbs, and urban clusters;
``(B) rooftop farms, outdoor vertical production, and green
walls;
``(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
``(D) hydroponic, aeroponic, and aquaponic farm facilities;
and
``(E) other innovations in agricultural production, as
determined by the Secretary.
``(4) Responsibilities.--The Director shall be responsible for
engaging in activities to carry out the mission described in
paragraph (3), including by--
``(A) managing programs, including for community gardens,
urban farms, rooftop agriculture, and indoor vertical
production;
``(B) advising the Secretary;
``(C) coordinating with the agencies and officials of the
Department to update relevant programs;
``(D) engaging in stakeholder relations and developing
external partnerships;
``(E) identifying common State and municipal best practices
for navigating local policies;
``(F) coordinating networks of community gardens and
facilitating connections to local food banks, in partnership
with the Food and Nutrition Service; and
``(G) collaborating with other Federal agencies.
``(b) Urban Agriculture and Innovative Production Advisory
Committee.--
``(1) In general.--Not later than 180 days after the date of
enactment of this section, the Secretary shall establish an Urban
Agriculture and Innovative Production Advisory Committee (referred
to in this subsection as the `Committee') to advise the Secretary
on--
``(A) the development of policies and outreach relating to
urban, indoor, and other emerging agricultural production
practices; and
``(B) any other aspects of the implementation of this
section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed of 12
members, of whom--
``(i) 4 shall be individuals who are agricultural
producers, of whom--
``(I) 2 individuals shall be agricultural producers
located in an urban area or urban cluster; and
``(II) 2 individuals shall be farmers that use
innovative technology;
``(ii) 2 shall be representatives from an institution
of higher education or extension program;
``(iii) 1 shall be an individual who represents a
nonprofit organization, which may include a public health,
environmental, or community organization;
``(iv) 1 shall be an individual who represents business
and economic development, which may include a business
development entity, a chamber of commerce, a city
government, or a planning organization;
``(v) 1 shall be an individual with supply chain
experience, which may include a food aggregator, wholesale
food distributor, food hub, or an individual who has
direct-to-consumer market experience;
``(vi) 1 shall be an individual from a financing
entity; and
``(vii) 2 shall be individuals with related experience
or expertise in urban, indoor, and other emerging
agriculture production practices, as determined by the
Secretary.
``(B) Initial appointments.--The Secretary shall appoint
the members of the Committee not later than 180 days after the
date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in subparagraph (B),
a member of the Committee shall be appointed for a term of 3
years.
``(B) Initial appointments.--Of the members first appointed
to the Committee--
``(i) 4 of the members, as determined by the Secretary,
shall be appointed for a term of 3 years;
``(ii) 4 of the members, as determined by the
Secretary, shall be appointed for a term of 2 years; and
``(iii) 4 of the members, as determined by the
Secretary, shall be appointed for a term of 1 year.
``(C) Vacancies.--Any vacancy in the Committee--
``(i) shall not affect the powers of the Committee; and
``(ii) shall be filled as soon as practicable in the
same manner as the original appointment.
``(D) Consecutive terms.--An initial appointee of the
committee may serve an additional consecutive term if the
member is reappointed by the Secretary.
``(4) Meetings.--
``(A) Frequency.--The Committee shall meet not fewer than 3
times per year.
``(B) Initial meeting.--Not later than 180 days after the
date on which the members are appointed under paragraph (2)(B),
the Committee shall hold the first meeting of the Committee.
``(5) Duties.--
``(A) In general.--The Committee shall--
``(i) develop recommendations and advise the Director
on policies, initiatives, and outreach administered by the
Office of Urban Agriculture and Innovative Production;
``(ii) evaluate and review ongoing research and
extension activities relating to urban, indoor, and other
innovative agricultural practices;
``(iii) identify new and existing barriers to
successful urban, indoor, and other emerging agricultural
production practices; and
``(iv) provide additional assistance and advice to the
Director as appropriate.
``(B) Reports.--Not later than 1 year after the date on
which the Committee is established, and every 2 years through
2023, 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).
``(6) Personnel matters.--
``(A) Compensation.--A member of the Committee shall serve
without compensation.
``(B) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5, United
States Code.
``(7) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years after the
date on which the members are appointed under paragraph (2)(B).
``(B) Extensions.--Before the date on which the Committee
terminates, the Secretary may renew the Committee for 1 or more
2-year periods.
``(c) Grants.--The Director shall award competitive grants to
support the development of urban agriculture and innovative production
to any of the following eligible entities:
``(1) A nonprofit organization.
``(2) A unit of local government.
``(3) A Tribal government.
``(4) Any school that serves any of grades kindergarten through
grade 12.
``(d) Pilot Projects.--
``(1) Urban and suburban county committees.--
``(A) In general.--Not later than 1 year after the date of
enactment of this section, 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)(ii)(II)) to operate in counties located in urban
or suburban areas with a high concentration of urban or
suburban farms.
``(B) Effect.--Nothing in this paragraph requires or
precludes the establishment of a Farm Service Agency office in
a county in which a county committee is established under
subparagraph (A).
``(C) Report.--For fiscal year 2019 and each fiscal year
thereafter through fiscal year 2023, the Secretary shall submit
to the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report describing a summary of--
``(i) the status of the pilot program under
subparagraph (A);
``(ii) meetings and other activities of the committees
established under that subparagraph; and
``(iii) the types and volume of assistance and services
provided to farmers in counties in which county committees
are established under that subparagraph.
``(2) Increasing community compost and reducing food waste.--
``(A) In general.--The Secretary, acting through the
Director, shall carry out pilot projects under which the
Secretary shall offer to enter into cooperative agreements with
local or municipal governments in not fewer than 10 States to
develop and test strategies for planning and implementing
municipal compost plans and food waste reduction plans.
``(B) Eligible entities and purposes of pilot projects.--
Under a cooperative agreement entered into under this
paragraph, the Secretary shall provide assistance to
municipalities, counties, local governments, or city planners,
as appropriate, to carry out planning and implementing
activities that will--
``(i) generate compost;
``(ii) increase access to compost for agricultural
producers;
``(iii) reduce reliance on, and limit the use of,
fertilizer;
``(iv) improve soil quality;
``(v) encourage waste management and permaculture
business development;
``(vi) increase rainwater absorption;
``(vii) reduce municipal food waste; and
``(viii) divert food waste from landfills.
``(C) Evaluation and ranking of applications.--
``(i) Criteria.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish
criteria for the selection of pilot projects under this
paragraph.
``(ii) Consideration.--In selecting, undertaking, or
funding pilot projects under this paragraph, the Secretary
shall consider any commonly known significant impact on
existing food waste recovery and disposal by commercial,
marketing, or business relationships.
``(iii) Priority.--In selecting a pilot project under
this paragraph, the Secretary shall give priority to an
application for a pilot project that--
``(I) anticipates or demonstrates economic
benefits;
``(II) incorporates plans to make compost easily
accessible to agricultural producers, including
community gardeners;
``(III) integrates other food waste strategies,
including food recovery efforts; and
``(IV) provides for collaboration with multiple
partners.
``(D) Matching requirement.--The recipient of assistance
for a pilot project under this paragraph shall provide funds,
in-kind contributions, or a combination of both from sources
other than funds provided through the grant in an amount equal
to not less than 25 percent of the amount of the grant.
``(E) Evaluation.--The Secretary shall conduct an
evaluation of the pilot projects funded under this paragraph to
assess different solutions for increasing access to compost and
reducing municipal food waste, including an evaluation of--
``(i) the amount of Federal funds used for each
project; and
``(ii) a measurement of the outcomes of each project.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section and the amendments made by this
section $25,000,000 for each of fiscal years 2019 through 2023.''.
SEC. 12303. TRIBAL ADVISORY COMMITTEE.
Section 309 of the Federal Crop Insurance Reform and Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6921) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Tribal Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(B) Relevant committees of congress.--The term `relevant
committees of Congress' means--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(iii) the Committee on Indian Affairs of the Senate.
``(C) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(2) Establishment of committee.--
``(A) In general.--The Secretary shall establish an
advisory committee, to be known as the Tribal Advisory
Committee (referred to in this subsection as the `Committee')
to provide advice and guidance to the Secretary on matters
relating to Tribal and Indian affairs.
``(B) Facilitation.--The Committee shall facilitate, but
not supplant, government-to-government consultation between the
Department of Agriculture (referred to in this subsection as
the `Department') and Indian tribes.
``(3) Membership.--
``(A) Composition.--The Committee shall be composed of 11
members, of whom--
``(i) 3 shall be appointed by the Secretary;
``(ii) 1 shall be appointed by the chairperson of the
Committee on Indian Affairs of the Senate;
``(iii) 1 shall be appointed by the ranking member of
the Committee on Indian Affairs of the Senate;
``(iv) 1 shall be appointed by the chairperson of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate;
``(v) 1 shall be appointed by the ranking member of the
Committee on Agriculture, Nutrition, and Forestry of the
Senate;
``(vi) 2 shall be appointed by the chairperson of the
Committee on Agriculture of the House of Representatives;
and
``(vii) 2 shall be appointed by the ranking member of
the Committee on Agriculture of the House of
Representatives.
``(B) Nominations.--The Secretary shall accept nominations
for members of the Committee from any of the following:
``(i) An Indian tribe.
``(ii) A tribal organization.
``(iii) A national or regional organization with
expertise in issues relating to the duties of the Committee
described in paragraph (4).
``(C) Diversity.--To the maximum extent feasible, the
Secretary shall ensure that the members of the Committee
represent a diverse set of expertise on issues relating to
geographic regions, Indian tribes, and the agricultural
industry.
``(D) Limitation.--No member of the Committee shall be an
officer or employee of the Federal Government.
``(E) Period of appointment; vacancies.--
``(i) In general.--Each member of the Committee--
``(I) subject to clause (ii), shall be appointed to
a 3-year term; and
``(II) may be reappointed to not more than 3
consecutive terms.
``(ii) Initial staggering.--The first 3 appointments by
the Secretary under paragraph (3)(A)(i) shall be for a 2-
year term.
``(iii) Vacancies.--Any vacancy in the Committee shall
be filled in the same manner as the original appointment
not more than 90 days after the date on which the position
becomes vacant.
``(F) Meetings.--
``(i) In general.--The Committee shall meet in person
not less than twice each year.
``(ii) Office of tribal relations representative.--Not
fewer than 1 representative from the Office of Tribal
Relations of the Department shall be present at each
meeting of the Committee.
``(iii) Department of interior representative.--The
Assistant Secretary for Indian Affairs of the Department of
the Interior (or a designee) shall be present at each
meeting of the Committee.
``(iv) Nonvoting representatives.--The individuals
described in clauses (ii) and (iii) shall be nonvoting
representatives at meetings of the Committee.
``(4) Duties of committee.--The Committee shall--
``(A) identify evolving issues of relevance to Indian
tribes relating to programs of the Department;
``(B) communicate to the Secretary the issues identified
under subparagraph (A);
``(C) submit to the Secretary recommendations for, and
solutions to--
``(i) the issues identified under subparagraph (A);
``(ii) issues raised at the Tribal, regional, or
national level; and
``(iii) issues relating to any Tribal consultation
carried out by the Department;
``(D) discuss issues and proposals for changes to the
regulations, policies, and procedures of the Department that
impact Indian tribes;
``(E) identify priorities and provide advice on appropriate
strategies for Tribal consultation on issues at the Tribal,
regional, or national level regarding the Department;
``(F) ensure that pertinent issues of the Department are
brought to the attention of an Indian tribe in a timely manner
so that timely feedback from an Indian tribe can be obtained;
and
``(G) identify and propose solutions to any
interdepartmental barrier between the Department and other
Federal agencies.
``(5) Reports.--
``(A) In general.--Not less frequently than once each year,
the Committee shall submit to the Secretary and the relevant
committees of Congress a report that describes--
``(i) the activities of the Committee during the
previous year; and
``(ii) recommendations for legislative or
administrative action for the following year.
``(B) Response from secretary.--Not more than 45 days after
the date on which the Secretary receives a report under
subparagraph (A), the Secretary shall submit a written response
to that report to--
``(i) the Committee; and
``(ii) the relevant committees of Congress.
``(6) Compensation of members.--Members of the Committee shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for
each day (including travel time) during which the member is engaged
in the performance of the duties of the Committee.
``(7) Federal advisory committee act exemption.--Section 14 of
the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Committee.''.
SEC. 12304. BEGINNING FARMER AND RANCHER COORDINATION.
Subtitle D of title VII of the Farm Security and Rural Investment
Act of 2002 (as amended by sections 7506 and 12301(a)(1)) is further
amended by inserting after section 7403 (7 U.S.C. 3119b note; Public
Law 107-171) the following:
``SEC. 7404. BEGINNING FARMER AND RANCHER COORDINATION.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning farmer
or rancher' has the meaning given such term in section 2501(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)).
``(2) National coordinator.--The term `National Coordinator'
means the National Beginning Farmer and Rancher Coordinator
established under subsection (b)(1).
``(3) State coordinator.--The term `State coordinator' means a
State beginning farmer and rancher coordinator designated under
subsection (c)(1)(A).
``(4) State office.--The term `State office' means--
``(A) a State office of--
``(i) the Farm Service Agency;
``(ii) the Natural Resources Conservation Service;
``(iii) the Rural Business-Cooperative Service; or
``(iv) the Rural Utilities Service; or
``(B) a regional office of the Risk Management Agency.
``(b) National Beginning Farmer and Rancher Coordinator.--
``(1) Establishment.--The Secretary shall establish in the
Department the position of National Beginning Farmer and Rancher
Coordinator.
``(2) Duties.--
``(A) In general.--The National Coordinator shall--
``(i) advise the Secretary and coordinate activities of
the Department on programs, policies, and issues relating
to beginning farmers and ranchers; and
``(ii) in consultation with the applicable State food
and agriculture council, determine whether to approve a
plan submitted by a State coordinator under subsection
(c)(3)(B).
``(B) Discretionary duties.--Additional duties of the
National Coordinator may include--
``(i) developing and implementing new strategies--
``(I) for outreach to beginning farmers and
ranchers; and
``(II) to assist beginning farmers and ranchers
with connecting to owners or operators that have ended,
or expect to end within 5 years, actively owning or
operating a farm or ranch; and
``(ii) facilitating interagency and interdepartmental
collaboration on issues relating to beginning farmers and
ranchers.
``(3) Reports.--Not less frequently than once each year, the
National Coordinator shall distribute within the Department and
make publicly available a report describing the status of steps
taken to carry out the duties described in subparagraphs (A) and
(B) of paragraph (2).
``(4) Contracts and cooperative agreements.--In carrying out
the duties under paragraph (2), the National Coordinator may enter
into a contract or cooperative agreement with an institution of
higher education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)), cooperative extension services (as
defined in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), or a
nonprofit organization--
``(A) to conduct research on the profitability of new farms
in operation for not less than 5 years in a region;
``(B) to develop educational materials;
``(C) to conduct workshops, courses, training, or certified
vocational training; or
``(D) to conduct mentoring activities.
``(c) State Beginning Farmer and Rancher Coordinators.--
``(1) In general.--
``(A) Designation.--The National Coordinator, in
consultation with State food and agriculture councils and
directors of State offices, shall designate in each State a
State beginning farmer and rancher coordinator from among
employees of State offices.
``(B) Requirements.--To be designated as a State
coordinator, an employee shall--
``(i) be familiar with issues relating to beginning
farmers and ranchers; and
``(ii) have the ability to coordinate with other
Federal departments and agencies.
``(2) Training.--The Secretary shall develop a training plan to
provide to each State coordinator knowledge of programs and
services available from the Department for beginning farmers and
ranchers, taking into consideration the needs of all production
types and sizes of agricultural operations.
``(3) Duties.--A State coordinator shall--
``(A) coordinate technical assistance at the State level to
assist beginning farmers and ranchers in accessing programs of
the Department;
``(B) develop and submit to the National Coordinator for
approval under subsection (b)(2)(A)(ii) a State plan to improve
the coordination, delivery, and efficacy of programs of the
Department to beginning farmers and ranchers, taking into
consideration the needs of all types of production methods and
sizes of agricultural operation, at each county and area office
in the State;
``(C) oversee implementation of an approved State plan
described in subparagraph (B);
``(D) work with outreach coordinators in the State offices
to ensure appropriate information about technical assistance is
available at outreach events and activities; and
``(E) coordinate partnerships and joint outreach efforts
with other organizations and government agencies serving
beginning farmers and ranchers.''.
SEC. 12305. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
Subtitle D of title VII of the Farm Security and Rural Investment
Act of 2002 (as amended by sections 7506, section 12301(a)(1), and
12304) is further amended by inserting after section 7404, as added by
section 12304, the following:
``SEC. 7405. AGRICULTURAL YOUTH ORGANIZATION COORDINATOR.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Agricultural Youth Organization Coordinator.
``(b) Duties.--The Agricultural Youth Organization Coordinator
shall--
``(1) promote the role of youth-serving organizations and
school-based agricultural education in motivating and preparing
young people to pursue careers in the agriculture, food, and
natural resources systems;
``(2) work to help build youth awareness of the reach and
importance of agriculture, across a diversity of fields and
disciplines;
``(3) identify short-term and long-term interests of the
Department and provide opportunities, resources, input, and
coordination with programs and agencies of the Department to youth-
serving organizations and school-based agricultural education,
including the development of internship opportunities;
``(4) share, internally and externally, the extent to which
active steps are being taken to encourage collaboration with, and
support of, youth-serving organizations and school-based
agricultural education;
``(5) provide information to youth involved in food and
agriculture organizations concerning the availability of, and
eligibility requirements for, participation in agricultural
programs, with particular emphasis on beginning farmer and rancher
programs;
``(6) serve as a resource for assisting youth involved in food
and agriculture organizations in applying for participation in
agriculture; and
``(7) advocate on behalf of youth involved in food and
agriculture organizations in interactions with employees of the
Department.
``(c) Contracts and Cooperative Agreements.--For purposes of
carrying out the duties under subsection (b), the Agricultural Youth
Organization Coordinator shall consult with the cooperative extension
and the land-grant university systems, and may enter into contracts or
cooperative agreements with the research centers of the Agricultural
Research Service, cooperative extension and the land-grant university
systems, non-land-grant colleges of agriculture, or nonprofit
organizations for--
``(1) the conduct of regional research on the profitability of
small farms;
``(2) the development of educational materials;
``(3) the conduct of workshops, courses, and certified
vocational training;
``(4) the conduct of mentoring activities; or
``(5) the provision of internship opportunities.''.
SEC. 12306. AVAILABILITY OF DEPARTMENT OF AGRICULTURE PROGRAMS FOR
VETERAN FARMERS AND RANCHERS.
(a) Definition of Veteran Farmer or Rancher.--Paragraph (7) of
subsection (a) (as redesignated by section 12301(b)(3)) of section 2501
of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(C) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 10-year period.''.
(b) Federal Crop Insurance.--
(1) Definition of veteran farmer or rancher.--Section 502(b) of
the Federal Crop Insurance Act (7 U.S.C. 1502(b)) (as amended by
section 11101) is amended by adding at the end the following:
``(14) Veteran farmer or rancher.--The term `veteran farmer or
rancher' means a farmer or rancher who--
``(A) has served in the Armed Forces (as defined in section
101 of title 38, United States Code); and
``(B)(i) has not operated a farm or ranch;
``(ii) has operated a farm or ranch for not more than 5
years; or
``(iii) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 5-year period.''.
(2) Crop insurance.--Section 508 of the Federal Crop Insurance
Act (7 U.S.C. 1508) is amended--
(A) in subsection (b)(5)(E)--
(i) by striking ``The Corporation'' and inserting the
following:
``(i) In general.--The Corporation''; and
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting the following: ``, and
veteran farmers or ranchers.
``(ii) Coordination.--The Corporation shall coordinate
with other agencies of the Department that provide programs
or services to farmers and ranchers described in clause (i)
to make available coverage under the waiver under that
clause and to share eligibility information to reduce
paperwork and avoid duplication.'';
(B) in subsection (e)(8)--
(i) in the paragraph heading, by inserting ``and
veteran'' after ``beginning''; and
(ii) by inserting ``or veteran farmer or rancher''
after ``beginning farmer or rancher'' each place it
appears; and
(C) in subsection (g)--
(i) in paragraph (2)(B)(iii), in the matter preceding
subclause (I), by inserting ``or veteran farmer or
rancher'' after ``beginning farmer or rancher'' each place
it appears; and
(ii) in paragraph (4)(B)(ii)(II), by inserting ``and
veteran farmers or ranchers'' after ``beginning farmers or
ranchers''.
(3) Education and risk management assistance.--Paragraph (3) of
section 524(a) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)), as redesignated by section 11125(a)(3), is amended--
(A) in subparagraph (D)(ii), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) veteran farmers or ranchers.''.
(c) Down Payment Loan Program.--Section 310E of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1935) is amended--
(1) in subsection (a)(1), by striking ``qualified beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers'' and inserting ``eligible farmers or ranchers'';
(2) in subsection (d)--
(A) in paragraph (2)(A), by striking ``recipients of the
loans'' and inserting ``farmers or ranchers'';
(B) by striking paragraph (3) and inserting the following:
``(3) encourage retiring farmers and ranchers to assist in the
sale of their farms and ranches to eligible farmers or ranchers by
providing seller financing;'';
(C) in paragraph (4), by striking ``for beginning farmers
or ranchers or socially disadvantaged farmers or ranchers'' and
inserting the following: ``for--
``(A) beginning farmers or ranchers;
``(B) socially disadvantaged farmers or ranchers, as
defined in section 355(e); or
``(C) veteran farmers or ranchers, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)); and''; and
(D) in paragraph (5), by striking ``a qualified beginning
farmer or rancher or socially disadvantaged farmer or rancher''
and inserting ``an eligible farmer or rancher''; and
(3) by striking subsection (e) and inserting the following:
``(e) Definition of Eligible Farmer or Rancher.--In this section,
the term `eligible farmer or rancher' means--
``(1) a qualified beginning farmer or rancher;
``(2) a socially disadvantaged farmer or rancher, as defined in
section 355(e); and
``(3) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279(a)).''.
(d) Interest Rate Reduction Program.--Section 351(e)(2)(B) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1999(e)(2)(B)) is
amended--
(1) in the subparagraph heading, by inserting ``and veteran''
after ``Beginning'';
(2) in clause (i), by inserting ``or veteran farmers and
ranchers (as defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))'' before
the period at the end; and
(3) in clause (ii), by striking ``beginning''.
(e) National Food Safety Training, Education, Extension, Outreach,
and Technical Assistance Program.--Section 405(c) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C.
7625(c)) is amended by inserting ``veteran farmers or ranchers (as
defined in section 2501(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279(a))),'' after ``socially disadvantaged
farmers,''.
(f) Administration and Operation of Noninsured Crop Assistance
Program.--Section 196 of the Federal Agriculture Improvement and Reform
Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (k)(2), by inserting ``, or a veteran farmer
or rancher (as defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))'' before
the period at the end; and
(2) in subsection (l), in paragraph (3) (as redesignated by
section 1601(7)(D))--
(A) in the paragraph heading, by inserting ``veteran,''
before ``and socially''; and
(B) by inserting ``and veteran farmers or ranchers (as
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))''
before ``in exchange''.
(g) Funding for Transition Option for Certain Farmers or
Ranchers.--Section 1241(a)(1)(B) of the Food Security Act of 1985 (16
U.S.C. 3841(a)(1)(B)) is amended by striking ``beginning farmers or
ranchers and socially disadvantaged farmers or ranchers'' and inserting
``covered farmers or ranchers, as defined in section 1235(f)(1)''.
(h) Supplemental Agricultural Disaster Assistance.--
(1) Definition of covered producer.--Section 1501(a) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Covered producer.--The term `covered producer' means an
eligible producer on a farm that is--
``(A) as determined by the Secretary--
``(i) a beginning farmer or rancher;
``(ii) a socially disadvantaged farmer or rancher; or
``(iii) a limited resource farmer or rancher; or
``(B) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).''.
(2) Emergency assistance for livestock, honey bees, and farm-
raised fish.--Section 1501(d) of the Agricultural Act of 2014 (7
U.S.C. 9081(d)) is amended by adding at the end the following:
``(4) Payment rate for covered producers.--In the case of a
covered producer that is eligible to receive assistance under this
subsection, the Secretary shall provide reimbursement of 90 percent
of the cost of losses described in paragraph (1) or (2).''.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND INTERGOVERNMENTAL
AFFAIRS.
(a) Assistant Secretaries of Agriculture.--Section 218(a)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6918(a)(1)) is amended by striking ``Relations'' and inserting
``Relations and Intergovernmental Affairs''.
(b) Succession.--Any official who is serving as the Assistant
Secretary of Agriculture for Congressional Relations on the date of
enactment of this Act and who was appointed by the President, by and
with the advice and consent of the Senate, shall not be required to be
reappointed as a result of the change made to the name of that position
under the amendment made by subsection (a).
SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.
Section 219 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6919) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) establish and periodically update the website described
in subsection (d); and
``(6) in carrying out the duties described in paragraphs (1)
through (5), consult with and provide technical assistance to any
Federal agency, including the Department of Defense, the Department
of Veterans Affairs, the Small Business Administration, and the
Department of Labor.''; and
(2) by adding at the end the following:
``(d) Website Required.--
``(1) In general.--The website required under subsection (b)(5)
shall include the following:
``(A) Positions identified within the Department of
Agriculture that are available to veterans for apprenticeships.
``(B) Apprenticeships, programs of training on the job, and
programs of education that are approved for purposes of chapter
36 of title 38, United States Code.
``(C) Employment skills training programs for members of
the Armed Forces carried out pursuant to section 1143(e) of
title 10, United States Code.
``(D) Information designed to assist businesses, nonprofit
entities, educational institutions, and farmers interested in
developing apprenticeships, on-the-job training, educational,
or entrepreneurial programs for veterans in navigating the
process of having a program approved by a State approving
agency for purposes of chapter 36 of title 38, United States
Code, including--
``(i) contact information for relevant offices in the
Department of Defense, Department of Veterans Affairs,
Department of Labor, and Small Business Administration;
``(ii) basic requirements for approval by each State
approving agency;
``(iii) recommendations with respect to training and
coursework to be used during apprenticeships or on-the-job
training that will enable a veteran to be eligible for
agricultural programs; and
``(iv) examples of successful programs and curriculums
that have been approved for purposes of chapter 36 of title
38, United States Code (with consent of the organization
and without any personally identifiable information).
``(2) Review of website.--
``(A) In general.--Not later than 5 years after the date of
enactment of this paragraph, and once every 5 years thereafter,
the Secretary shall conduct a study to determine if the website
required under subsection (b)(5) is effective in providing
veterans the information required under paragraph (1).
``(B) Ineffective website.--If the Secretary determines
that the website is not effective under subparagraph (A), the
Secretary shall--
``(i) notify the agriculture and veterans committees
described in subparagraph (C) of that determination; and
``(ii) not earlier than 180 days after the date on
which the Secretary provides notice under clause (i),
terminate the website.
``(C) Agriculture and veterans committees.--The agriculture
and veterans committees referred to in subparagraph (B)(i)
are--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(iii) the Committee on Veterans' Affairs of the House
of Representatives; and
``(iv) the Committee on Veterans' Affairs of the
Senate.
``(e) Consultation Required.--In carrying out this section, the
Secretary shall consult with organizations that serve veterans.
``(f) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the Military
Veterans Agricultural Liaison shall submit a report on beginning
farmer training for veterans and agricultural vocational and
rehabilitation programs for veterans to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Veterans' Affairs of the House of
Representatives;
``(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
``(D) the Committee on Veterans' Affairs of the Senate.
``(2) Contents of report.--The report submitted under paragraph
(1) shall include--
``(A) a summary of the measures taken to carry out
subsections (b) and (c);
``(B) a description of the information provided to veterans
under paragraphs (1) and (2) of subsection (b);
``(C) recommendations for best informing veterans of the
programs described in paragraphs (1) and (2) of subsection (b);
``(D) a summary of the contracts or cooperative agreements
entered into under subsection (c);
``(E) a description of the programs implemented under
subsection (c);
``(F) a summary of the employment outreach activities
directed to veterans;
``(G) recommendations for how opportunities for veterans in
agriculture should be developed or expanded;
``(H) a summary of veteran farm lending data and a summary
of shortfalls, if any, identified by the Military Veterans
Agricultural Liaison in collecting data with respect to
veterans engaged in agriculture; and
``(I) recommendations, if any, on how to improve activities
under subsection (b).
``(g) Public Dissemination of Information.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the Military
Veterans Agricultural Liaison shall make publicly available and
share broadly, including by posting on the website of the
Department--
``(A) the report of the Military Veterans Agricultural
Liaison on beginning farmer training for veterans and
agricultural vocational and rehabilitation programs; and
``(B) the information disseminated under paragraphs (1) and
(2) of subsection (b).
``(2) Further dissemination.--Not later than the day before the
date on which the Military Veterans Agricultural Liaison makes
publicly available the information under paragraph (1), the
Military Veterans Agricultural Liaison shall provide that
information to the Department of Defense, the Department of
Veterans Affairs, the Small Business Administration, and the
Department of Labor.''.
SEC. 12403. CIVIL RIGHTS ANALYSES.
(a) In General.--The Secretary shall conduct civil rights impact
analyses in accordance with Departmental Regulation 4300-004 issued by
the Department of Agriculture on October 17, 2016, with respect to the
Department of Agriculture's employment, federally-conducted programs
and activities, and federally-assisted programs and activities.
(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 of the civil rights functions of the
Department of Agriculture, as outlined in Secretarial
Memorandum 1076-023 (March 9, 2018), including an analysis of
whether that realignment has any negative implications on the
civil rights functions of the Department;
(D) efforts of the Department of Agriculture to identify
actions, programs, or activities of the Department of
Agriculture that may adversely affect employees, contractors,
or beneficiaries (including participants) of the action,
program, or activity based on the membership of the employees,
contractors, or beneficiaries in a group that is protected
under Federal law from discrimination in employment,
contracting, or provision of an action, program, or activity,
as applicable; and
(E) efforts of the Department of Agriculture to
strategically plan actions to decrease discrimination and civil
rights complaints within the Department of Agriculture or in
the carrying out of the programs and authorities of the
Department of Agriculture.
(2) Report.--Not later than 60 days after the date of
completion of the study under paragraph (1), the Comptroller
General shall submit a report describing the results of the study
to--
(A) the Committee on Agriculture of the House of
Representatives; and
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
SEC. 12404. FARM SERVICE AGENCY.
(a) In General.--Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) is amended--
(1) in the section heading, by striking ``consolidated farm''
and inserting ``farm'';
(2) in subsection (b), in the subsection heading, by striking
``of Consolidated Farm Service Agency''; and
(3) by striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
(b) Conforming Amendments.--
(1) Section 246 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6962) is amended--
(A) in subsection (c), by striking ``Consolidated Farm''
each place it appears and inserting ``Farm''; and
(B) in subsection (e)(2), by striking ``Consolidated Farm''
each place it appears and inserting ``Farm''.
(2) Section 271(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended by
striking ``Consolidated Farm'' each place it appears and inserting
``Farm''.
(3) Section 275(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by
striking ``Consolidated Farm'' each place it appears and inserting
``Farm''.
SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM PRODUCTION AND
CONSERVATION.
(a) Office of Risk Management.--Section 226A(d)(1) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6933(d)(1)) is amended by striking ``Under Secretary of Agriculture for
Farm and Foreign Agricultural Services'' and inserting ``Under
Secretary of Agriculture for Farm Production and Conservation''.
(b) Multiagency Task Force.--Section 242(b)(3) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6952(b)(3)) is amended
by striking ``Under Secretary for Farm and Foreign Agricultural
Services'' and inserting ``Under Secretary of Agriculture for Farm
Production and Conservation''.
(c) Food Aid Consultative Group.--Section 205(b)(2) of the Food for
Peace Act (7 U.S.C. 1725(b)(2)) is amended by striking ``Under
Secretary of Agriculture for Farm and Foreign Agricultural Services''
and inserting ``Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs''.
(d) Interagency Committee on Minority Careers in International
Affairs.--Section 625(c)(1)(A) of the Higher Education Act of 1965 (20
U.S.C. 1131c(c)(1)(A)) is amended by striking ``Under Secretary'' and
all that follows through ``designee'' and inserting ``Under Secretary
of Agriculture for Trade and Foreign Agricultural Affairs, or the
designee of that Under Secretary''.
SEC. 12406. OFFICE OF PARTNERSHIPS AND PUBLIC ENGAGEMENT.
(a) Changing Name of Office.--
(1) In general.--Section 226B of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934) is amended--
(A) in the section heading, by striking ``advocacy and
outreach'' and inserting ``partnerships and public
engagement''; and
(B) by striking ``Advocacy and Outreach'' each place it
appears in subsections (a)(2), (b)(1), and (d)(4)(B) and
inserting ``Partnerships and Public Engagement''.
(2) References.--Beginning on the date of the enactment of this
Act, any reference to the Office of Advocacy and Outreach
established under section 226B of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934) in any provision of
Federal law shall be deemed to be a reference to the Office of
Partnerships and Public Engagement.
(b) Increasing Outreach.--Section 226B of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6934), as amended by
subsection (a), is further amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) in clause (ii), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following new clauses:
``(iv) limited resource producers; and
``(v) veteran farmers and ranchers; and''; and
(C) by adding at the end the following new subparagraph:
``(C) to promote youth outreach.''; and
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting
``veteran farmers and ranchers,'' after ``beginning farmers or
ranchers,'';
(B) in paragraph (1), by striking ``or socially
disadvantaged'' and inserting ``socially disadvantaged, or
veteran''; and
(C) in paragraph (5), by inserting ``veteran farmers or
ranchers,'' after ``beginning farmers or ranchers,''.
(c) Authorization of Appropriations.--Section 226B(f)(3)(B) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6934(f)(3)(B)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 12407. UNDER SECRETARY OF AGRICULTURE FOR RURAL DEVELOPMENT.
Section 231 of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6941) is amended--
(1) in subsection (a), by striking ``is authorized to'' and
inserting ``shall''; and
(2) in subsection (b), by striking ``If the Secretary'' and all
that follows through ``the Under Secretary shall'' and inserting
``The Under Secretary of Agriculture for Rural Development shall''.
SEC. 12408. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE.
(a) Rate of Pay.--
(1) In general.--Section 232(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) is
amended to read as follows:
``(b) Administrator.--
``(1) Appointment.--The Rural Utilities Service shall be headed
by an Administrator who shall be appointed by the President.
``(2) 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.''.
(2) Conforming amendment.--Section 5315 of title 5, United
States Code, is amended by striking ``Administrator, Rural
Utilities Service, Department of Agriculture.''.
(b) Other Amendment Relating to Administrator.--Section 748 of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 918b) is amended by
inserting ``the Secretary of Agriculture, acting through'' before ``the
Administrator of the Rural Utilities Service''.
SEC. 12409. RURAL HEALTH LIAISON.
Subtitle C of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended by adding
at the end the following:
``SEC. 236. RURAL HEALTH LIAISON.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Rural Health Liaison.
``(b) Duties.--The Rural Health Liaison shall--
``(1) in consultation with the Secretary of Health and Human
Services, coordinate the role of the Department with respect to
rural health;
``(2) integrate across the Department the strategic planning
and activities relating to rural health;
``(3) improve communication relating to rural health within the
Department and between Federal agencies;
``(4) advocate on behalf of the health care and relevant
infrastructure needs in rural areas;
``(5) provide to stakeholders, potential grant applicants,
Federal agencies, State agencies, Indian Tribes, private
organizations, and academic institutions relevant data and
information, including the eligibility requirements for, and
availability and outcomes of, Department programs applicable to the
advancement of rural health;
``(6) maintain communication with public health, medical,
occupational safety, and telecommunication associations, research
entities, and other stakeholders to ensure that the Department is
aware of current and upcoming issues relating to rural health;
``(7) consult on programs, pilot projects, research, training,
and other affairs relating to rural health at the Department and
other Federal agencies;
``(8) provide expertise on rural health to support the
activities of the Secretary as Chair of the Council on Rural
Community Innovation and Economic Development; and
``(9) provide technical assistance and guidance with respect to
activities relating to rural health to the outreach, extension, and
county offices of the Department.''.
SEC. 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 30 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 30 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.
``(3) Sunset.--The requirements under paragraphs (1) and (2)
shall cease to be effective on September 30, 2023.''.
(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 further amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(C) in paragraph (4) (as so redesignated), by inserting ``;
Public Law 101-624'' after ``note''; and
(D) in paragraph (5) (as so redesignated), by striking
``3831-3836'' and inserting ``3831 et seq.''; and
(2) in subsection (c), in the matter preceding paragraph (1),
by striking ``paragraphs (1), (2), and (4) of subsection (b) and
the program under subchapter C of chapter 1 of subtitle D of title
XII of the Food Security Act of 1985 (16 U.S.C. 3837-3837f)'' and
inserting ``paragraphs (1) and (3) of subsection (b)''.
(c) Relocation in Act.--
(1) In general.--Section 246 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962) (as amended by
subsections (a) and (b)) is--
(A) redesignated as section 228; and
(B) moved so as to appear at the end of subtitle B of title
II (7 U.S.C. 6931 et seq.).
(2) Conforming amendments.--
(A) Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) (as amended by
section 12404(a)) is amended--
(i) in subsection (b)(5), by striking ``section
246(b)'' and inserting ``section 228(b)''; and
(ii) in subsection (g)(2), by striking ``section
246(b)'' and inserting ``section 228(b)''.
(B) Section 271(2)(F) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is amended by
striking ``section 246(b)'' and inserting ``section 228(b)''.
SEC. 12411. OFFICE OF THE CHIEF SCIENTIST.
(a) In General.--Section 251(e) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(e)) is amended--
(1) in the subsection heading, by striking ``Research,
Education, and Extension Office'' and inserting ``Office of the
Chief Scientist'';
(2) in paragraph (1), by striking ``Research, Education, and
Extension Office'' and inserting ``Office of the Chief Scientist'';
(3) in paragraph (2), in the matter preceding subparagraph (A),
by striking ``Research, Education, and Extension Office'' and
inserting ``Office of the Chief Scientist'';
(4) in paragraph (3)(C), by striking ``subparagraph (A) shall
not exceed 4 years'' and inserting ``clauses (i) and (iii) of
subparagraph (A) shall be for not less than 3 years'';
(5) by redesignating paragraphs (4) and (5) as paragraphs (5)
and (6), respectively;
(6) by inserting after paragraph (3) the following:
``(4) Additional leadership duties.--In addition to selecting
the Division Chiefs under paragraph (3), using available personnel
authority under title 5, United States Code, the Under Secretary
shall select personnel--
``(A) to oversee implementation, training, and compliance
with the scientific integrity policy of the Department;
``(B)(i) to integrate strategic program planning and
evaluation functions across the programs of the Department; and
``(ii) to help prepare the annual report to Congress on the
relevance and adequacy of programs under the jurisdiction of
the Under Secretary;
``(C) to assist the Chief Scientist in coordinating the
international engagements of the Department with the Department
of State and other international agencies and offices of the
Federal Government; and
``(D) to oversee other duties as may be required by Federal
law or Department policy.'';
(7) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``Notwithstanding''
and inserting the following:
``(i) Authorization of appropriations.--There is
authorized to be appropriated such sums as are necessary to
fund the costs of Division personnel.
``(ii) Additional funding.--In addition to amounts made
available under clause (i), notwithstanding''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) provides strong staff continuity to the Office
of the Chief Scientist.''; and
(8) in paragraph (6) (as so redesignated), by striking
``Research, Education and Extension Office'' and inserting ``Office
of the Chief Scientist''.
(b) Conforming Amendments.--
(1) Section 251(f)(5)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is amended by
striking ``Research, Education and Extension Office'' and inserting
``Office of the Chief Scientist''.
(2) Section 296(b)(6)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is amended by
striking ``Research, Education, and Extension Office'' and
inserting ``Office of the Chief Scientist''.
SEC. 12412. APPOINTMENT OF NATIONAL APPEALS DIVISION HEARING OFFICERS.
Section 272(e) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6992(e)) is amended to read as follows:
``(e) Division Personnel.--
``(1) In general.--The Director shall recommend to the
Secretary persons for appointment as hearing officers as are
necessary for the conduct of hearings under section 277. The
Director shall appoint such other employees as are necessary for
the administration of the Division. A hearing officer or other
employee of the Division shall have no duties other than those that
are necessary to carry out this subtitle. Each position of the
Division shall be filled by an individual who is not a political
appointee.
``(2) Political appointee.--In this subsection, the term
`political appointee' means an individual occupying--
``(A) a position described under sections 5312 through 5316
of title 5, United States Code (relating to the Executive
Schedule);
``(B) a noncareer position in the Senior Executive Service,
as described under section 3132(a)(7) of that title;
``(C) a position in the executive branch of the Government
of a confidential or policy-determining character under
schedule C of subpart C of part 213 of title 5, Code of Federal
Regulations; or
``(D) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.''.
SEC. 12413. TRADE AND FOREIGN AGRICULTURAL AFFAIRS.
The Department of Agriculture Reorganization Act of 1994 is
amended--
(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) as
subtitle K; and
(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.) the
following:
``Subtitle J--Trade and Foreign Agricultural Affairs
``SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND FOREIGN
AGRICULTURAL AFFAIRS.
``(a) Establishment.--There is established in the Department the
position of Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs.
``(b) Appointment.--The Under Secretary of Agriculture for Trade
and Foreign Agricultural Affairs shall be appointed by the President,
by and with the advice and consent of the Senate.
``(c) Functions.--
``(1) Principal functions.--The Secretary shall delegate to the
Under Secretary of Agriculture for Trade and Foreign Agricultural
Affairs those functions and duties under the jurisdiction of the
Department that are related to trade and foreign agricultural
affairs.
``(2) Additional functions.--The Under Secretary of Agriculture
for Trade and Foreign Agricultural Affairs shall perform such other
functions and duties as may be--
``(A) required by law; or
``(B) prescribed by the Secretary.''.
SEC. 12414. REPEALS.
(a) Department of Agriculture Reorganization Act of 1994.--The
following provisions of the Department of Agriculture Reorganization
Act of 1994 are repealed:
(1) Section 211 (7 U.S.C. 6911).
(2) Section 213 (7 U.S.C. 6913).
(3) Section 214 (7 U.S.C. 6914).
(4) Section 217 (7 U.S.C. 6917).
(5) Section 247 (7 U.S.C. 6963).
(6) Section 252 (7 U.S.C. 6972).
(7) Section 295 (7 U.S.C. 7013).
(b) Other Provision.--Section 3208 of the Agricultural Act of 2014
(7 U.S.C. 6935) is repealed.
(c) Rule of Construction.--Nothing in the amendments made by this
section shall be construed as affecting--
(1) the authority of the Secretary to continue to carry out a
function vested in, and performed by, the Secretary as of the date
of enactment of this Act under any provision of Federal law other
than the provisions repealed by subsections (a) and (b); or
(2) the authority of an agency, office, officer, or employee of
the Department of Agriculture to continue to perform all functions
delegated or assigned to the agency, office, officer, or employee
as of the date of enactment of this Act any provision of Federal
law other than the provisions repealed by subsections (a) and (b).
SEC. 12415. TECHNICAL CORRECTIONS.
(a) Office of Risk Management.--Section 226A(a) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6933(a)) is amended
by striking ``Subject to subsection (e), the Secretary'' and inserting
``The Secretary''.
(b) Correction of Error.--
(1) Assistant secretaries of agriculture.--Section 218 of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C.
6918) (as in effect on the day before the effective date of the
amendments made by section 2(a)(1) of the Presidential Appointment
Efficiency and Streamlining Act of 2011 (Public Law 112-166; 126
Stat. 1283, 1295)) is amended by striking ``Senate.'' in subsection
(b) and all that follows through ``responsibility for--'' in the
matter preceding paragraph (1) of subsection (d) and inserting the
following: ``Senate.
``(c) Duties of Assistant Secretary of Agriculture for Civil
Rights.--The Secretary may delegate to the Assistant Secretary for
Civil Rights responsibility for--''.
(2) Effective date.--The amendments made by paragraph (1) take
effect on the effective date described in section 6(a) of the
Presidential Appointment Efficiency and Streamlining Act of 2011
(Public Law 112-166; 126 Stat. 1295).
SEC. 12416. TERMINATION OF AUTHORITY.
Section 296(b) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the
following:
``(9) The authority of the Secretary to carry out the
amendments made to this title by section 772 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2018.
``(10) The authority of the Secretary to carry out the
amendments made to this title by the Agriculture Improvement Act of
2018.''.
Subtitle E--Other Miscellaneous Provisions
PART I--MISCELLANEOUS AGRICULTURE PROVISIONS
SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM.
Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C.
1632c(f)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 12502. PROTECTING ANIMALS WITH SHELTER.
(a) Crimes Related to Domestic Violence and Stalking Targeting
Pets.--
(1) Interstate stalking.--Section 2261A of title 18, United
States Code, is amended--
(A) in paragraph (1)(A)--
(i) in clause (ii), by striking ``or'' at the end; and
(ii) by inserting after clause (iii) the following:
``(iv) the pet, service animal, emotional support
animal, or horse of that person; or''; and
(B) in paragraph (2)(A)--
(i) by inserting after ``to a person'' the following:
``, a pet, a service animal, an emotional support animal,
or a horse''; and
(ii) by striking ``or (iii)'' and inserting ``(iii), or
(iv)''.
(2) Interstate violation of protection order.--Section 2262 of
title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting after ``another
person'' the following: ``or the pet, service animal,
emotional support animal, or horse of that person''; and
(ii) in paragraph (2), by inserting after ``proximity
to, another person'' the following ``or the pet, service
animal, emotional support animal, or horse of that
person''; and
(B) in subsection (b)(5), by inserting after ``in any other
case,'' the following: ``including any case in which the
offense is committed against a pet, service animal, emotional
support animal, or horse,''.
(3) Restitution to include veterinary services.--Section 2264
of title 18, United States Code, is amended in subsection (b)(3)--
(A) by redesignating subparagraph (F) as subparagraph (G);
(B) in subparagraph (E), by striking ``and'' at the end;
and
(C) by inserting after subparagraph (E) the following:
``(F) veterinary services relating to physical care for the
victim's pet, service animal, emotional support animal, or
horse; and''.
(4) Definitions.--Section 2266 of title 18, United States Code,
is amended by inserting after paragraph (10) the following:
``(11) Pet.--The term `pet' means a domesticated animal, such
as a dog, cat, bird, rodent, fish, turtle, or other animal that is
kept for pleasure rather than for commercial purposes.
``(12) Emotional support animal.--The term `emotional support
animal' means an animal that is covered by the exclusion specified
in section 5.303 of title 24, Code of Federal Regulations (or a
successor regulation), and that is not a service animal.
``(13) Service animal.--The term `service animal' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or a successor regulation).''.
(b) Emergency and Transitional Pet Shelter and Housing Assistance
Grant Program.--
(1) Grant program.--
(A) 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, service animals,
emotional support animals, or horses of such victims.
(B) Memorandum of understanding.--The Secretary may enter
into a memorandum of understanding with the head of another
Department or agency, as appropriate, to carry out any of the
authorities provided to the Secretary under this section.
(2) Application.--
(A) In general.--An eligible entity seeking a grant under
this subsection shall submit an application to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require, including--
(i) a description of the activities for which a grant
under this subsection is sought;
(ii) such assurances as the Secretary determines to be
necessary to ensure compliance by the entity with the
requirements of this subsection; and
(iii) a certification that the entity, before engaging
with any individual domestic violence victim, will disclose
to the victim any mandatory duty of the entity to report
instances of abuse and neglect (including instances of
abuse and neglect of pets, service animals, emotional
support animals, or horses).
(B) Additional requirements.--In addition to the
requirements of subparagraph (A), each application submitted by
an eligible entity under that subparagraph shall--
(i) not include proposals for any activities that may
compromise the safety of a domestic violence victim,
including--
(I) background checks of domestic violence victims;
or
(II) clinical evaluations to determine the
eligibility of such a victim for support services;
(ii) not include proposals that would require mandatory
services for victims or that a victim obtain a protective
order in order to receive proposed services; and
(iii) reflect the eligible entity's understanding of
the dynamics of domestic violence, dating violence, sexual
assault, or stalking.
(C) Rules of construction.--Nothing in this paragraph shall
be construed to require--
(i) domestic violence victims to participate in the
criminal justice system in order to receive services; or
(ii) eligible entities receiving a grant under this
subsection to breach client confidentiality.
(3) Use of funds.--Grants awarded under this subsection may
only be used for programs that provide--
(A) emergency and transitional shelter and housing
assistance for domestic violence victims with pets, service
animals, emotional support animals, or horses, including
assistance with respect to any construction or operating
expenses of newly developed or existing emergency and
transitional pet, service animal, emotional support animal, or
horse 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, service animals, emotional support
animals, or horses, including assistance with respect to
expenses incurred for the temporary shelter, housing, boarding,
or fostering of the pets, service animals, emotional support
animals, or horses of domestic violence victims and other
expenses that are incidental to securing the safety of such a
pet, service animal, emotional support animal, or horse during
the sheltering, housing, or relocation of such victims;
(C) support services designed to enable a domestic violence
victim who is fleeing a situation of domestic violence, dating
violence, sexual assault, or stalking to--
(i) locate and secure--
(I) safe housing with the victim's pet, service
animal, emotional support animal, or horse; or
(II) safe accommodations for the victim's pet,
service animal, emotional support animal, or horse; or
(ii) provide the victim with pet, service animal,
emotional support animal, or horse related services, such
as transportation, care services, and other assistance; or
(D) for the training of relevant stakeholders on--
(i) the link between domestic violence, dating
violence, sexual assault, or stalking and the abuse and
neglect of pets, service animals, emotional support
animals, and horses;
(ii) the needs of domestic violence victims;
(iii) best practices for providing support services to
such victims;
(iv) best practices for providing such victims with
referrals to victims' services; and
(v) the importance of confidentiality.
(4) Grant conditions.--An eligible entity that receives a grant
under this subsection shall, as a condition of such receipt,
agree--
(A) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the Violence
Against Women Act of 1994 (34 U.S.C. 12291(b)(2)); and
(B) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to this
subsection on the participation of domestic violence victims in
any or all of the support services offered to such victims
through a program carried out by the entity using grant funds.
(5) Duration of assistance provided to victims.--
(A) In general.--Subject to subparagraph (B), assistance
provided with respect to a pet, service animal, emotional
support animal, or horse of a domestic violence victim using
grant funds awarded under this subsection shall be provided for
a period of not more than 24 months.
(B) Extension.--An eligible entity that receives a grant
under this subsection may extend the 24-month period referred
to in subparagraph (A) for a period of not more than 6 months
in the case of a domestic violence victim who--
(i) has made a good faith effort to acquire permanent
housing for the victim and the victim's pet, service
animal, emotional support animal, or horse during that 24-
month period; and
(ii) has been unable to acquire such permanent housing
within that period.
(6) Report to the secretary.--Not later than 1 year after the
date on which an eligible entity receives a grant under this
subsection and each year thereafter in which the grant funds are
used, 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, service animals, emotional
support animals, or horses using grant funds received under this
subsection, information on--
(A) the number of domestic violence victims with pets,
service animals, emotional support animals, or horses provided
such assistance; and
(B) the purpose, amount, type of, and duration of such
assistance.
(7) Report to congress.--
(A) Reporting requirement.--Not later than November 1 of
each even-numbered fiscal year, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that contains a compilation of the
information contained in the reports submitted under paragraph
(6).
(B) Availability of report.--The Secretary shall transmit a
copy of the report submitted under subparagraph (A) to--
(i) the Office on Violence Against Women of the
Department of Justice;
(ii) the Office of Community Planning and Development
of the Department of Housing and Urban Development; and
(iii) the Administration for Children and Families of
the Department of Health and Human Services.
(8) Authorization of appropriations.--
(A) In general.--There is authorized to be appropriated to
carry out this subsection $3,000,000 for each of fiscal years
2019 through 2023.
(B) Limitation.--Of the amount made available under
subparagraph (A) in any fiscal year, not more than 5 percent
may be used for evaluation, monitoring, salaries, and
administrative expenses.
(9) Definitions.--In this subsection:
(A) Domestic violence victim defined.--The term ``domestic
violence victim'' means a victim of domestic violence, dating
violence, sexual assault, or stalking.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a documented
history of effective work concerning domestic violence,
dating violence, sexual assault, or stalking (as determined
by the Secretary), including--
(I) a domestic violence and sexual assault victim
service provider;
(II) a domestic violence and sexual assault
coalition;
(III) a community-based and culturally specific
organization;
(IV) any other nonprofit, nongovernmental
organization; and
(V) any organization that works directly with pets,
service animals, emotional support animals, or horses
and collaborates with any organization referred to in
clauses (i) through (iv), including--
(aa) an animal shelter; and
(bb) an animal welfare organization.
(C) Emotional support animal.--The term ``emotional support
animal'' means an animal that is covered by the exclusion
specified in section 5.303 of title 24, Code of Federal
Regulations (or a successor regulation), and that is not a
service animal.
(D) Pet.--The term ``pet'' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, or other animal
that is kept for pleasure rather than for commercial purposes.
(E) Service animal.--The term ``service animal'' has the
meaning given the term in section 36.104 of title 28, Code of
Federal Regulations (or a successor regulation).
(F) Other terms.--Except as otherwise provided in this
subsection, terms used in this section shall have the meaning
given such terms in section 40002(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12291(a)).
(c) Sense of Congress.--It is the sense of Congress that States
should encourage the inclusion of protections against violent or
threatening acts against the pet, service animal, emotional support
animal, or horse of a person in domestic violence protection orders.
SEC. 12503. MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C. 608e-
1(a)), reenacted with amendments by the Agricultural Marketing
Agreement Act of 1937, is amended by inserting ``cherries, pecans,''
after ``walnuts,''.
SEC. 12504. ESTABLISHMENT OF FOOD LOSS AND WASTE REDUCTION LIAISON.
Subtitle A of the Department of Agriculture Reorganization Act of
1994 (7 U.S.C. 6901 et seq.), as amended by sections 12202, 12302, and
12403, is further amended by adding at the end the following:
``SEC. 224. FOOD LOSS AND WASTE REDUCTION LIAISON.
``(a) Establishment.--The Secretary shall establish a Food Loss and
Waste Reduction Liaison to coordinate Federal, State, local, and
nongovernmental programs, and other efforts, to measure and reduce the
incidence of food loss and waste in accordance with this section.
``(b) In General.--The Food Loss and Waste Reduction Liaison
shall--
``(1) coordinate food loss and waste reduction efforts within
the Department of Agriculture and with other Federal agencies,
including the Environmental Protection Agency and the Food and Drug
Administration;
``(2) support and promote Federal programs to measure and
reduce the incidence of food loss and waste and increase food
recovery;
``(3) provide information to, and serve as a resource for,
entities engaged in food loss and waste reduction and food
recovery, including information about the availability of, and
eligibility requirements for, participation in Federal, State,
local, and nongovernmental programs;
``(4) raise awareness of the liability protections afforded
under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C.
1791) to persons engaged in food loss and waste reduction and food
recovery; and
``(5) make recommendations with respect to expanding innovative
food recovery models and reducing the incidence of food loss and
waste.
``(c) Cooperative Agreements.--For purposes of carrying out the
duties under subsection (b), the Food Loss and Waste Reduction Liaison
may enter into contracts or cooperative agreements with the research
centers of the Research, Education, and Economics mission area,
institutions of higher education (as defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)), or nonprofit
organizations for--
``(1) the development of educational materials;
``(2) the conduct of workshops and courses; or
``(3) the conduct of research on best practices with respect to
food loss and waste reduction and food recovery.
``(d) Study on Food Waste.--The Secretary shall conduct a study, in
consultation with the Food Loss and Waste Reduction Liaison, to
evaluate and determine--
``(1) methods of measuring food waste;
``(2) standards for the volume of food waste;
``(3) factors that contribute to food waste;
``(4) the cost and volume of food loss;
``(5) the effectiveness of existing liability protections
afforded under the Bill Emerson Good Samaritan Food Donation Act
(42 U.S.C. 1791); and
``(6) measures to ensure that programs contemplated,
undertaken, or funded by the Department of Agriculture do not
disrupt existing food waste recovery and disposal efforts by
commercial, marketing, or business relationships.
``(e) Reports.--
``(1) Initial report.--Not later than 1 year after the date of
enactment of this section, the Food Loss and Waste Liaison shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that describes the results of the
study conducted under subsection (d).
``(2) Report.--Not later than 1 year after the date of the
submission of the report under paragraph (1), the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report that contains, with respect to the
preceding year--
``(A) an estimate of the quantity of food waste during such
year; and
``(B) the results of the food waste reduction and loss
prevention activities carried out or led by the Department of
Agriculture.''.
SEC. 12505. REPORT ON BUSINESS CENTERS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report evaluating each business center
established in the Department of Agriculture.
(b) Inclusions.--The report under subsection (a) shall include--
(1) an examination of the effectiveness of each business center
in carrying out its mission, including any recommendations to
improve the operation of and function of any of those business
centers; and
(2) an evaluation of--
(A) the impact the business centers have on customer
service of the Department of Agriculture;
(B) the impact on the annual budget for agencies the budget
offices of which have been relocated to the business center,
and the effectiveness of funds used to support the business
centers, including an accounting of all discretionary and
mandatory funding provided to the business center for
conservation and farm services from--
(i) the Natural Resources Conservation Service;
(ii) the Farm Service Agency; and
(iii) the Risk Management Agency;
(C) funding described in subparagraph (B) spent on
information technology modernizations;
(D) the impact that the business centers have had on the
human resources of the Department of Agriculture, including
hiring;
(E) any concerns or problems with the business centers; and
(F) any positive or negative impact that the business
centers have had on the functionality of the Department of
Agriculture.
SEC. 12506. 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. 12507. REPORT ON ABSENT LANDLORDS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress a report describing
the effects of absent landlords on the long-term economic health of
agricultural production, including the effect of absent landlords on--
(1) land valuation;
(2) soil health; and
(3) the economic stability of rural communities.
(b) Contents.--The report under subsection (a) shall include--
(1) a description of the positive and negative effects of an
absent landlord on the land owned by the landlord, including--
(A) the effect of an absent landlord on the long-term value
of the land; and
(B) the environmental and economic impact of an absent
landlord on the surrounding community; and
(2) recommendations to policymakers concerning how to mitigate
those effects when necessary.
SEC. 12508. CENTURY FARMS PROGRAM.
The Secretary shall establish a program under which the Secretary
recognizes any farm that--
(1) a State department of agriculture or similar statewide
agricultural organization recognizes as a Century Farm; or
(2)(A) is defined as a farm or ranch under section 4284.902 of
title 7, Code of Federal Regulations (as in effect on the date of
enactment of this Act);
(B) has been in continuous operation for at least 100 years;
and
(C) has been owned by the same family for at least 100
consecutive years, as verified through deeds, wills, abstracts, tax
statements, or other similar legal documents considered appropriate
by the Secretary.
SEC. 12509. REPORT ON IMPORTATION OF LIVE DOGS.
(a) In General.--Not later than 1 year after the date of the
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 on the
importation of live dogs into the United States.
(b) Contents.--The report submitted under subsection (a) shall
include, with respect to the importation of live dogs into the United
States for each of the 3 most recent calendar years for which data are
available--
(1) the total number of live dogs imported;
(2) the number of live dogs imported as personal pets;
(3) the number of live dogs imported for resale (as defined in
section 18(a) of the Animal Welfare Act (7 U.S.C. 2148(a));
(4) the number of live dogs for which importation was requested
but denied due to the proposed importation failing to meet the
requirements under--
(A) section 18 of the Animal Welfare Act (7 U.S.C. 2148);
(B) section 71.51 of title 42, Code of Federal Regulations
(or any successor regulations); or
(C) any other Federal law; and
(5) any recommendations of the Secretary for modifications to
Federal law (including regulations) relating to the importation of
live dogs, including for the protection of public health.
(c) Provision of Information.--To facilitate the preparation of the
report submitted under subsection (a), not later than 180 days after
the date of enactment of this Act, the Secretary of Commerce, the
Secretary of Health and Human Services, and the Secretary of Homeland
Security shall each provide to the Secretary of Agriculture all
available data and information relating to the importation of live dogs
into the United States, including--
(1) the data described in paragraphs (1) through (4) of
subsection (b) for each of the 3 most recent calendar years for
which data is available; and
(2) any recommendations for modifications to Federal law
(including regulations) relating to the importation of live dogs,
including for the protection of public health.
SEC. 12510. TRIBAL PROMISE ZONES.
(a) In General.--In this section, the term ``Tribal Promise Zone''
means an area that--
(1) is nominated by 1 or more Indian tribes (as defined in
section 4(13) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103(13))) for designation as
a Tribal Promise Zone (in this section referred to as a ``nominated
zone'');
(2) has a continuous boundary; and
(3) the Secretary designates as a Tribal Promise Zone, after
consultation with the Secretary of Commerce, the Secretary of
Education, the Attorney General, the Secretary of the Interior, the
Secretary of Housing and Urban Development, the Secretary of Health
and Human Services, the Secretary of Labor, the Secretary of the
Treasury, the Secretary of Transportation, and other agencies as
appropriate.
(b) Authorization and Number of Designations.--Not later than 1
year after the date of enactment of this Act, the Secretary shall
nominate a minimum number of nominated zones, as determined by the
Secretary in consultation with Indian tribes, to be designated as
Tribal Promise Zones.
(c) Period of Designations.--
(1) In general.--The Secretary shall designate nominated zones
as Tribal Promise Zones before January 1, 2020.
(2) Effective dates of designations.--The designation of any
Tribal Promise Zone shall take effect--
(A) for purposes of priority consideration in Federal grant
programs and initiatives (other than this section), upon
execution of the Tribal Promise Zone agreement with the
Secretary; and
(B) for purposes of this section, on January 1 of the first
calendar year beginning after the date of the execution of the
Tribal Promise Zone agreement.
(3) Termination of designations.--The designation of any Tribal
Promise Zone shall end on the earlier of--
(A)(i) with respect to a Tribal Promise Zone not described
in paragraph (4), the end of the 10-year period beginning on
the date that such designation takes effect; or
(ii) with respect to a Tribal Promise Zone described in
paragraph (4), the end of the 10-year period beginning on the
date the area was designated as a Tribal Promise Zone before
the date of the enactment of this Act; or
(B) the date of the revocation of such designation.
(4) Application to certain zones already designated.--In the
case of any area designated as a Tribal Promise Zone by the
Secretary before the date of the enactment of this Act, such area
shall be deemed a Tribal Promise Zone designated under this section
(notwithstanding whether any such designation has been revoked
before the date of the enactment of this Act) and shall reduce the
number of Tribal Promise Zones remaining to be designated under
paragraph (1).
(d) Limitations on Designations.--No area may be designated under
this section unless--
(1) the entities nominating the area have the authority to
nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory to
the Secretary that the competitiveness plan described in the
application under subsection (e) for such area will be implemented
and that such entities will provide the Secretary with such data
regarding the economic conditions of the area (before, during, and
after the area's period of designation as a Tribal Promise Zone) as
the Secretary may require; and
(3) the Secretary determines that any information furnished is
reasonably accurate.
(e) Application.--No area may be designated under this section
unless the application for such designation--
(1) demonstrates that the nominated zone satisfies the
eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that--
(A) addresses the need of the nominated zone to attract
investment and jobs and improve educational opportunities;
(B) leverages the nominated zone's economic strengths and
outlines targeted investments to develop competitive
advantages;
(C) demonstrates collaboration across a wide range of
stakeholders;
(D) outlines a strategy that connects the nominated zone to
drivers of regional economic growth; and
(E) proposes a strategy for focusing on increased access to
high quality affordable housing and improved public safety.
(f) Selection Criteria.--
(1) In general.--From among the nominated zones eligible for
designation under this section, the Secretary shall designate
Tribal Promise Zones on the basis of--
(A) the effectiveness of the competitiveness plan submitted
under subsection (e) and the assurances made under subsection
(d);
(B) unemployment rates, poverty rates, vacancy rates, crime
rates, and such other factors as the Secretary may identify,
including household income, labor force participation, and
educational attainment; and
(C) other criteria as determined by the Secretary.
(2) Minimal standards.--The Secretary may set minimal standards
for the levels of unemployment and poverty that must be satisfied
for designation as a Tribal Promise Zone.
SEC. 12511. PRECISION AGRICULTURE CONNECTIVITY.
(a) Findings.--Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate overlap in
operations, and reduce inputs such as seed, fertilizer, pesticides,
water, and fuel.
(2) These technologies allow farmers to collect data in real
time about their fields, automate field management, and maximize
resources.
(3) Studies estimate that precision agriculture technologies
can reduce agricultural operation costs by up to 25 dollars per
acre and increase farm yields by up to 70 percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the availability
of reliable broadband Internet access service delivered to the
agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States economy
and to the continued leadership of the United States in global food
production.
(6) Despite the growing demand for broadband Internet access
service on agricultural land, broadband Internet access service is
not consistently available where needed for agricultural
operations.
(7) The Federal Communications Commission has an important role
to play in the deployment of broadband Internet access service on
unserved agricultural land to promote precision agriculture.
(b) Task Force.--
(1) Definitions.--In this subsection:
(A)(i) The term ``broadband Internet access service'' means
a mass-market retail service by wire or radio that provides the
capability to transmit data to, and receive data from, all or
substantially all Internet endpoints, including any
capabilities that are incidental to, and enable the operation
of, the communications service, but excluding dial up internet
access service.
(ii) Such term includes any service the Commission finds to
be providing a functional equivalent of the service described
in clause (i).
(B) The term ``Commission'' means the Federal
Communications Commission.
(C) The term ``Department'' means the Department of
Agriculture.
(D) The term ``Secretary'' means the Secretary of
Agriculture.
(E) The term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under paragraph
(2).
(2) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the Task
Force for Reviewing the Connectivity and Technology Needs of
Precision Agriculture in the United States.
(3) Duties.--
(A) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate with
public and private stakeholders in the agriculture and
technology fields to--
(i) identify and measure current gaps in the
availability of broadband Internet access service on
agricultural land;
(ii) develop policy recommendations to promote the
rapid, expanded deployment of broadband Internet access
service on unserved agricultural land, with a goal of
achieving reliable capabilities on 95 percent of
agricultural land in the United States by 2025;
(iii) promote effective policy and regulatory solutions
that encourage the adoption of broadband Internet access
service on farms and ranches and promote precision
agriculture;
(iv) recommend specific new rules or amendments to
existing rules of the Commission that the Commission should
issue to achieve the goals and purposes of the policy
recommendations described in clause (ii);
(v) recommend specific steps that the Commission should
take to obtain reliable and standardized data measurements
of the availability of broadband Internet access service as
may be necessary to target funding support, from future
programs of the Commission dedicated to the deployment of
broadband Internet access service, to unserved agricultural
land in need of broadband Internet access service; and
(vi) recommend specific steps that the Commission
should consider to ensure that the expertise of the
Secretary and available farm data are reflected in future
programs of the Commission dedicated to the infrastructure
deployment of broadband Internet access service and to
direct available funding to unserved agricultural land
where needed.
(B) No duplicate data reporting.--In performing the duties
of the Commission under subparagraph (A), the Commission shall
ensure that no provider of broadband Internet access service is
required to report data to the Commission that is, on the day
before the date of enactment of this Act, required to be
reported by the provider of broadband Internet access service.
(C) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the Commission'',
as used in clauses (v) and (vi) of subparagraph (A), to include
the universal service programs of the Commission established
under section 254 of the Communications Act of 1934 (47 U.S.C.
254).
(D) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required under
subparagraph (A).
(E) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task Force
in carrying out the duties of the Task Force.
(4) Membership.--
(A) In general.--The Task Force shall be--
(i) composed of not more than 15 voting members who
shall--
(I) be selected by the Chairman of the Commission,
in consultation with the Secretary; and
(II) include--
(aa) agricultural producers representing
diverse geographic regions and farm sizes,
including owners and operators of farms of less
than 100 acres;
(bb) an agricultural producer representing
tribal agriculture;
(cc) Internet service providers, including
regional or rural fixed and mobile broadband
Internet access service providers and
telecommunications infrastructure providers;
(dd) representatives from the electric
cooperative industry;
(ee) representatives from the satellite
industry;
(ff) representatives from precision agriculture
equipment manufacturers, including drone
manufacturers, manufacturers of autonomous
agricultural machinery, and manufacturers of
farming robotics technologies;
(gg) representatives from State and local
governments; and
(hh) representatives with relevant expertise in
broadband network data collection, geospatial
analysis, and coverage mapping; and
(ii) fairly balanced in terms of technologies, points
of view, and fields represented on the Task Force.
(B) Period of appointment; vacancies.--
(i) In general.--A member of the Committee appointed
under subparagraph (A)(i) shall serve for a single term of
2 years.
(ii) Vacancies.--Any vacancy in the Task Force--
(I) shall not affect the powers of the Task Force;
and
(II) shall be filled in the same manner as the
original appointment.
(C) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(5) Reports.--Not later than 1 year after the date on which the
Commission establishes the Task Force, and annually thereafter, the
Task Force shall submit to the Chairman of the Commission a report,
which shall be made public not later than 30 days after the date on
which the Chairman receives the report, that details--
(A) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(B) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
(C) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(6) Termination.--The Commission shall renew the Task Force
every 2 years until the Task Force terminates on January 1, 2025.
(c) No Additional Funds Authorized.--No additional funds is
authorized to be appropriated to carry out this section. This section
shall be carried out using amounts otherwise authorized.
SEC. 12512. IMPROVEMENTS TO UNITED STATES DROUGHT MONITOR.
(a) In General.--The Secretary shall coordinate with the Director
of the National Drought Mitigation Center and the Administrator of the
National Oceanic and Atmospheric Administration to enhance the
collection of data to improve the accuracy of the United States Drought
Monitor.
(b) Utilization.--To the maximum extent practicable, the Secretary
shall utilize a consistent source or sources of data for programs that
are based on drought or precipitation indices, such as the livestock
forage disaster program established under section 1501(c) of the
Agricultural Act of 2014 (7 U.S.C. 9081(c)) or policies or plans of
insurance established under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(c) Review.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall conduct a review of--
(1) the types of data currently utilized by the United States
Drought Monitor;
(2) the geographic coverage and density of existing data
collection sites; and
(3) other meteorological or climatological data that is being
collected by other Federal agencies, State and local governments,
and non-Federal entities that could be utilized by the United
States Drought Monitor.
(d) Improvements.--
(1) In general.--Upon the completion of the review prescribed
in subsection (c), the Secretary shall--
(A) seek to expand the collection of relevant data in
States or geographic areas where coverage is currently lacking
as compared to other States or geographic areas; and
(B) to the maximum extent practicable, develop standards to
allow the integration of meteorological or climatological data
into the United States Drought Monitor derived from--
(i) in-situ soil moisture profile measuring devices;
(ii) citizen science (as defined in the Crowdsourcing
and Citizen Science Act (15 U.S.C. 3724)), including data
from the Cooperative Observer Program of the National
Weather Service; and
(iii) other Federal agencies, State and local
governments, and non-Federal entities.
(2) Authorization of appropriations.--There is to be authorized
to be appropriated to the Secretary to carry out this subsection
$5,000,000 for each of fiscal years 2019 through 2023.
SEC. 12513. DAIRY BUSINESS INNOVATION INITIATIVES.
(a) Definitions.--In this section:
(1) Dairy business.--The term ``dairy business'' means a
business that develops, produces, markets, or distributes dairy
products.
(2) Initiative.--The term ``initiative'' means a dairy product
and business innovation initiative established under subsection
(b).
(b) Establishment.--The Secretary shall establish not less than 3
regionally-located dairy product and business innovation initiatives
for the purposes of--
(1) diversifying dairy product markets to reduce risk and
develop higher-value uses for dairy products;
(2) promoting business development that diversifies farmer
income through processing and marketing innovation; and
(3) encouraging the use of regional milk production.
(c) Selection of Initiatives.--An initiative--
(1) shall be positioned to draw on existing dairy industry
resources, including activities conducted by the National Dairy
Promotion and Research Board and other dairy promotion entities,
research capacity, academic and industry expertise, a density of
dairy farms or farmland suitable for dairying, and dairy
businesses; and
(2) may serve a certain product niche, such as specialty
cheese, or serve dairy businesses with dairy products derived from
the milk of a specific type of dairy animal, including dairy
products made from cow milk, sheep milk, and goat milk.
(d) Entities Eligible To Host Initiative.--
(1) In general.--Subject to paragraph (2), any of the following
entities may submit to the Secretary an application to host an
initiative:
(A) A State department of agriculture or other State
entity.
(B) A nonprofit organization.
(C) An institution of higher education.
(D) A cooperative extension service.
(2) Capacity of eligible entity.--Any entity described in
subparagraphs (A) through (D) of paragraph (1) shall be eligible to
submit an application under that paragraph if the entity has--
(A) a capacity to provide consultation and expertise
necessary to advance the purpose and activities of the proposed
initiative; and
(B) expertise in grant distribution and tracking.
(3) Ineligible entity.--A dairy promotion program shall not be
eligible to host an initiative under this section.
(e) Partners.--
(1) In general.--An entity described in subsection (d)(1) may
establish as a partner an organization or entity described in
paragraph (2)--
(A) prior to the submission of the application under that
subsection; or
(B) after approval of the application, in consultation with
the Secretary.
(2) Partner described.--A partner under paragraph (1) shall be
an organization or entity with expertise or experience in dairy,
including the marketing, research, education, or promotion of
dairy.
(f) Activities of Initiatives.--
(1) Direct assistance to dairy businesses.--An initiative shall
provide nonmonetary assistance directly to dairy businesses through
private consultation or widely available distribution--
(A) by the entity that hosts the initiative under
subsection (d)(1);
(B) through contracting with industry experts;
(C) through the provision of technical assistance, such as
informational websites, webinars, conferences, trainings, plant
tours, and field days; or
(D) through research institutions, including cooperative
extension services.
(2) Types of assistance.--Eligible forms of assistance
include--
(A) business consulting, including business plan
development for processed dairy products, strategic planning
assistance, and distribution and supply chain innovation;
(B) marketing and branding assistance, including market
messaging, packaging innovation, consumer assessments,
innovation in emerging market opportunities, and evaluation of
regional, national, and international markets;
(C) assistance in product innovation, including the
development of value-added products, innovation in byproduct
reprocessing and use maximization, and dairy product production
training, including in new, rare, or innovative techniques; and
(D) other nonmonetary assistance, as determined by the
Secretary.
(3) Grants to dairy businesses.--
(A) In general.--An initiative shall provide grants on a
competitive basis to new and existing dairy businesses for the
purposes of--
(i) modernization, specialization, and grazing
transition on dairy farms;
(ii) value chain and commodity innovation and facility
and process updates for dairy processors; and
(iii) product development, packaging, and marketing of
dairy products.
(B) Grants to certain entities.--An initiative may provide
a grant on a noncompetitive basis to an entity that receives
assistance under paragraph (1) to advance the business
activities recommended as a result of that assistance.
(C) Grant amounts.--Grants provided under this paragraph
shall not exceed $500,000, unless a greater amount is approved
by the Secretary.
(4) Consultation.--An entity that hosts an initiative shall
consult with the National Dairy Promotion and Research Board, the
Secretary, and the Administrator of the Agricultural Marketing
Service in carrying out the initiative.
(5) Conflict of interest.--
(A) In general.--The Secretary shall establish guidelines
and procedures to prevent any conflict of interest or the
appearance of a conflict of interest by an initiative
(including a partner of the initiative) during the allocation
of direct assistance under paragraph (1) or grant funding under
paragraph (3).
(B) Penalty.--The Secretary may suspend or terminate an
initiative if the initiative (including a partner of the
initiative) is found to be in violation of the guidelines and
procedures established under subparagraph (A).
(g) Distribution of Funds.--
(1) In general.--Using the funds made available to carry out
this section, the Secretary--
(A) shall provide not less than 3 awards to eligible
entities described in subsection (d) for the purposes of
carrying out the activities under subsection (f); and
(B) is encouraged to award funds under subparagraph (A) in
multiyear funding allocations.
(2) Use of funds.--Not less than 50 percent of the funds made
available under subsection (i) shall be allocated to grants under
subsection (f)(3).
(3) Priority.--An entity hosting an initiative shall give
priority to the provision of direct assistance under subsection
(f)(1) and grants under subsection (f)(3) to--
(A) dairy farms and dairy businesses with limited access to
other forms of assistance;
(B) employee-owned dairy businesses;
(C) cooperatives; and
(D) dairy businesses that seek to create dairy products
that add substantial value in processing or marketing, such as
specialty cheeses.
(4) Requirement.--Assistance or a grant shall not be made
available to a foreign person making direct investment (as those
terms are defined in section 801.2 of title 15, Code of Federal
Regulations (or successor regulations)) in the United States in the
case of--
(A) direct assistance under subsection (f)(1) that is
provided to a specific dairy business and is not publicly
available, as determined by the Secretary; or
(B) a grant under subsection (f)(3).
(5) Supplementation.--To the extent practicable, the Secretary
shall ensure that funds provided to an initiative supplement, and
do not duplicate or replace, existing dairy product research,
development, and promotion activities.
(h) Report.--Not later than January 31, 2022, the Secretary shall
submit to Congress a report on the outcomes of the program under this
section and any related activities and opportunities to further
increase dairy innovation.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for each fiscal
year.
SEC. 12514. REPORT ON FUNDING FOR THE NATIONAL INSTITUTE OF FOOD AND
AGRICULTURE AND OTHER EXTENSION PROGRAMS.
(a) In General.--Not later than 2 years after the date on which the
census of agriculture required to be conducted in calendar year 2017
under section 2 of the Census of Agriculture Act of 1997 (7 U.S.C.
2204g) is released, 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 funding necessary to adequately address the needs of the
National Institute of Food and Agriculture, activities carried out
under the Smith-Lever Act (7 U.S.C. 341 et seq.), and research and
extension programs carried out at an 1890 Institution (as defined in
section 2 of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7601)) or an institution 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.), to provide adequate services
for the growth and development of the economies of rural communities
based on the changing demographic in the rural and farming communities
in the various States.
(b) Requirements.--In preparing the report under subsection (a),
the Secretary shall focus on the funding needs of the programs
described in subsection (a) with respect to carrying out activities
relating to small and diverse farms and ranches, veteran farmers and
ranchers, value-added agriculture, direct-to-consumer sales, and
specialty crops.
SEC. 12515. PROHIBITION ON SLAUGHTER OF DOGS AND CATS FOR HUMAN
CONSUMPTION.
(a) In General.--Except as provided in subsection (c), no person
may--
(1) knowingly slaughter a dog or cat for human consumption; or
(2) knowingly ship, transport, move, deliver, receive, possess,
purchase, sell, or donate--
(A) a dog or cat to be slaughtered for human consumption;
or
(B) a dog or cat part for human consumption.
(b) Scope.--Subsection (a) shall apply only with respect to
conduct--
(1) in or affecting interstate commerce or foreign commerce; or
(2) within the special maritime and territorial jurisdiction of
the United States.
(c) Exception for Indian Tribes.--The prohibition in subsection (a)
shall not apply to an Indian (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 5304))
carrying out any activity described in subsection (a) for the purpose
of a religious ceremony.
(d) Penalty.--Any person who violates subsection (a) shall be
subject to a fine in an amount not greater than $5,000 for each
violation.
(e) Effect On State Law.--Nothing in this section--
(1) limits any State or local law or regulation protecting the
welfare of animals; or
(2) prevents a State or unit of local government from adopting
and enforcing an animal welfare law or regulation that is more
stringent than this section.
SEC. 12516. LABELING EXEMPTION FOR SINGLE INGREDIENT FOODS AND
PRODUCTS.
The food labeling requirements under section 403(q) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)) shall not require that
the nutrition facts label of any single-ingredient sugar, honey, agave,
or syrup, including maple syrup, that is packaged and offered for sale
as a single-ingredient food bear the declaration ``Includes X g Added
Sugars.''.
SEC. 12517. 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. 12518. FOREST SERVICE HIRE AUTHORITY.
(a) In General.--The Secretary of Agriculture may appoint, without
regard to the provisions of subchapter I of chapter 33 of title 5,
United States Code, other than sections 3303 and 3328 of such title, a
qualified candidate described in subsection (b) directly to a position
with the Department of Agriculture, Forest Service for which the
candidate meets Office of Personnel Management qualification standards.
(b) Qualifications.--Subsection (a) applies to a former resource
assistant (as defined in section 203 of the Public Land Corps Act (16
U.S.C. 1722)) who--
(1) completed a rigorous internship with a land managing
agency, such as the Forest Service Resource Assistant Program;
(2) successfully fulfilled the requirements of the internship
program; and
(3) earned an undergraduate or graduate degree from an
accredited institution of higher education (as defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001)).
(c) Limitation.--The direct hire authority under this section may
not be exercised with respect to a specific qualified candidate after
the end of the 2-year period beginning on the date on which the
candidate completed the undergraduate or graduate degree, as the case
may be, or has successfully fulfilled the requirements of the
internship program, whichever is later.
SEC. 12519. CONVERSION AUTHORITY.
The Secretary may, notwithstanding subchapter I of chapter 33 of
title 5, United States Code, governing appointments in the competitive
or excepted service, noncompetitively convert to an appointment in the
competitive service, in an agency or office within the Department of
Agriculture, a recent graduate or student who is a United States
citizen and has been awarded and successfully completed a scholarship
program granted to the individual by the Department through the 1890
National Scholars Program or the 1994 Tribal Scholars Program carried
out by the Department, provided the individual meets the requirements
for such conversion and meets Office of Personnel Management
qualification standards, as determined by the Secretary. Nothing in the
preceding sentence shall be construed as requiring the Secretary to
convert an individual under the authority under such sentence.
SEC. 12520. AUTHORIZATION OF PROTECTION OPERATIONS FOR THE SECRETARY OF
AGRICULTURE AND OTHERS.
(a) In General.--The Department of Agriculture is authorized to
employ qualified law enforcement officers or special agents to
provide--
(1) protection for the Secretary and the Deputy Secretary
during the performance of official duties by each such officer and
during any activity that is preliminary or postliminary to the
performance of official duties by each such officer;
(2) protection, incidental to the protection provided pursuant
to paragraph (1), to an individual accompanying each such officer
who is participating in an activity or event relating to the
official duties of each such officer when there is an articulable
threat to such individual;
(3) continuous protection to the Secretary and Deputy Secretary
(including during periods not described in paragraph (1)) if there
is an articulable threat of physical harm, in accordance with
guidelines established by the Secretary; and
(4) protection of another senior officer representing the
Secretary (including a person nominated to be the Secretary during
the pendency of such nomination) if there is an articulable threat
of physical harm, in accordance with guidelines established by the
Secretary.
(b) Authorities of the Protective Operation.--
(1) In general.--The Secretary may authorize officers or
special agents employed pursuant to subsection (a)--
(A) to carry firearms;
(B) to conduct criminal investigations into potential
threats to the security of persons protected under this
section;
(C) to make arrests without a warrant for any offense
against the United States committed in the presence of such
officer or special agent;
(D) to perform protective intelligence work, including
identifying and mitigating potential threats and conducting
advance work to review security matters relating to sites and
events; and
(E) to coordinate with local law enforcement agencies.
(2) Guidelines.--The authority conveyed under this section
shall be exercised in accordance with any--
(A) guidelines issued by the Attorney General; and
(B) such additional guidelines as may be issued by the
Secretary.
(c) Exception.--The authorities granted under this section may be
exercised notwithstanding section 1343(b)(1) of title 31, United States
Code.
(d) Report.--Not later than September 30, 2019, and each September
30 through 2024, the Secretary shall provide to the Committee on
Agriculture of the House of Representatives and Committee on
Agriculture, Nutrition, and Forestry of the Senate a report describing
the protection provided, and accounting for the expenditures made,
pursuant to this section.
PART II--NATIONAL OILHEAT RESEARCH ALLIANCE
SEC. 12531. NATIONAL OILHEAT RESEARCH ALLIANCE.
(a) In General.--Section 713 of the National Oilheat Research
Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is
amended by striking ``18 years'' and inserting ``28 years''.
(b) Limitation on Obligations of Funds.--The National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469)
is amended by inserting after section 707 the following:
``SEC. 708. LIMITATION ON OBLIGATION OF FUNDS.
``(a) In General.--In each calendar year of the covered period, the
Alliance may not obligate an amount greater than the sum of--
``(1) 75 percent of the amount of assessments estimated to be
collected under section 707 in that calendar year;
``(2) 75 percent of the amount of assessments actually
collected under section 707 in the most recent calendar year for
which an audit report has been submitted under section 706(f)(2)(B)
as of the beginning of the calendar year for which the amount that
may be obligated is being determined, less the estimate made
pursuant to paragraph (1) for that most recent calendar year; and
``(3) amounts permitted in preceding calendar years to be
obligated pursuant to this subsection that have not been obligated.
``(b) Excess Amounts Deposited in Escrow Account.--Assessments
collected under section 707 in excess of the amount permitted to be
obligated under subsection (a) in a calendar year shall be deposited in
an escrow account for the duration of the covered period.
``(c) Treatment of Amounts in Escrow Account.--
``(1) In general.--During the covered period, the Alliance may
not obligate, expend, or borrow against amounts required under
subsection (b) to be deposited in the escrow account.
``(2) Interest.--Any interest earned on amounts described in
paragraph (1) shall be--
``(A) deposited in the escrow account; and
``(B) unavailable for obligation for the duration of the
covered period.
``(d) Release of Amounts in Escrow Account.--Beginning on October
1, 2028, the Alliance may withdraw and obligate any amount in the
escrow account.
``(e) Covered Period Defined.--In this section, the term `covered
period' means the period that begins on February 6, 2019, and ends on
September 30, 2028.''.
(c) Conforming Amendments.--The National Oilheat Research Alliance
Act of 2000 (42 U.S.C. 6201 note; Public Law 106-469) is amended--
(1) in section 706(d)(1), by striking ``not exceed 7 percent of
the amount of assessments collected in any calendar year, except
that during the first year of operation of the Alliance such
expenses and amounts shall not exceed 10 percent of the amount of
assessments'' and inserting ``not exceed 7 percent of the amount of
assessments collected in any calendar year that are permitted to be
obligated in that calendar year''; and
(2) in section 707--
(A) in subsection (e), by inserting ``that are permitted to
be obligated'' after ``amount of assessments collected in the
State'' each place it appears; and
(B) in subsection (f), by inserting ``and permitted to be
obligated'' after ``assessments collected'' each place it
appears.
Subtitle F--General Provisions
SEC. 12601. BAITING OF MIGRATORY GAME BIRDS.
(a) Definitions.--In this section:
(1) Normal agricultural operation.--The term ``normal
agricultural operation'' has the meaning given the term in section
20.11 of title 50, Code of Federal Regulations (as in effect on the
date of enactment of this Act).
(2) Post-disaster flooding.--The term ``post-disaster
flooding'' means the destruction of a crop through flooding in
accordance with practices required by the Federal Crop Insurance
Corporation for agricultural producers to obtain crop insurance
under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) on
land on which a crop was not harvestable due to a natural disaster
(including any hurricane, storm, tornado, flood, high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption,
landslide, mudslide, drought, fire, snowstorm, or other catastrophe
that is declared a major disaster by the President in accordance
with section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170)) in the crop year--
(A) in which the natural disaster occurred; or
(B) immediately preceding the crop year in which the
natural disaster occurred.
(3) Rice ratooning.--The term ``rice ratooning'' means the
agricultural practice of harvesting rice by cutting the majority of
the aboveground portion of the rice plant but leaving the roots and
growing shoot apices intact to allow the plant to recover and
produce a second crop yield.
(b) Regulations to Exclude Rice Ratooning and Post-disaster
Flooding.--Not later than 30 days after the date of enactment of this
Act, the Secretary of the Interior, in consultation with the Secretary
of Agriculture, shall revise part 20 of title 50, Code of Federal
Regulations, to clarify that rice ratooning and post-disaster flooding,
when carried out as part of a normal agricultural operation, do not
constitute baiting.
(c) Reports.--Not less frequently than once each year--
(1) the Secretary of Agriculture shall 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) the Secretary of the Interior, in consultation with the
Secretary of Agriculture 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, shall 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. 12602. PIMA AGRICULTURE COTTON TRUST FUND.
Section 12314 of the Agricultural Act of 2014 (7 U.S.C. 2101 note;
Public Law 113-79) is amended--
(1) by striking ``2018'' each place it appears and inserting
``2023'';
(2) by striking ``calendar year 2013'' each place it appears
and inserting ``the prior calendar year'';
(3) in subsection (b)(2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``(2) Twenty-five'' and inserting
the following:
``(2)(A) Except as provided in subparagraph (B), twenty-five'';
(C) in subparagraph (A)(ii) (as so designated), by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(D) by adding at the end the following:
``(B)(i) A yarn spinner shall not receive an amount under
subparagraph (A) that exceeds the cost of pima cotton that--
``(I) was purchased during the prior calendar year; and
``(II) was used in spinning any cotton yarns.
``(ii) The Secretary shall reallocate any amounts reduced by
reason of the limitation under clause (i) to spinners using the
ratio described in subparagraph (A), disregarding production of any
spinner subject to that limitation.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``(b)(2)(A)'' and inserting ``(b)(2)(A)(i)'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) the dollar amount of pima cotton purchased during the
prior calendar year--
``(A) that was used in spinning any cotton yarns; and
``(B) for which the producer maintains supporting
documentation.'';
(5) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``by
the Secretary--'' and inserting ``by the Secretary not later
than March 15 of the applicable calendar year.''; and
(B) by striking paragraphs (1) and (2); and
(6) in subsection (f), by striking ``subsection (b)--'' in the
matter preceding paragraph (1) and all that follows through ``not
later than'' in paragraph (2) and inserting ``subsection (b) not
later than''.
SEC. 12603. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST FUND.
Section 12315 of the Agricultural Act of 2014 (7 U.S.C. 7101 note;
Public Law 113-79) is amended--
(1) by striking ``2019'' each place it appears and inserting
``2023'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``the payment--'' and inserting ``the payment, payments
in amounts authorized under that paragraph.''; and
(II) by striking clauses (i) and (ii); and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``4002(c)--'' and inserting ``4002(c), payments in
amounts authorized under that paragraph.''; and
(II) by striking clauses (i) and (ii); and
(B) in paragraph (2), by striking ``submitted--'' in the
matter preceding subparagraph (A) and all that follows through
``to the Secretary'' in subparagraph (B) and inserting
``submitted to the Secretary''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``subsection (b)--'' and inserting ``subsection (b) not later
than April 15 of the year of the payment.''; and
(B) by striking paragraphs (1) and (2).
SEC. 12604. 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. 12605. 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) Use of Fund.--From amounts in the Citrus Trust Fund, the
Secretary shall, beginning in fiscal year 2019, carry out the Emergency
Citrus Disease Research and Extension Program in section 412(j) of the
Agricultural Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(j)).
(d) Funding.--Of the funds of the Commodity Credit Corporation, the
Secretary shall transfer to the Citrus Trust Fund $25,000,000 for each
of fiscal years 2019 through 2023, to remain available until expended.
SEC. 12606. 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. 12607. REPORTS ON LAND ACCESS AND FARMLAND OWNERSHIP DATA
COLLECTION.
(a) Land Access.--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 (as defined in section 2501(a) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a))) and socially disadvantaged farmers and ranchers
(as defined in such section) to acquire or access farmland;
(2) the extent to which Federal programs, including
agricultural conservation easement programs, land transition
programs, and financing programs, are improving--
(A) farmland access and tenure for beginning farmers and
ranchers and socially disadvantaged farmers and ranchers; and
(B) farmland transition and succession; and
(3) the regulatory, operational, or statutory changes that are
necessary to improve--
(A) the ability of beginning farmers and ranchers and
socially disadvantaged farmers and ranchers to acquire or
access farmland;
(B) farmland tenure for beginning farmers and ranchers and
socially disadvantaged farmers and ranchers; and
(C) farmland transition and succession.
(b) Farmland Ownership.--The Secretary shall collect and, not less
frequently than once every 3 years report, data and analysis on
farmland ownership, tenure, transition, and entry of beginning farmers
and ranchers and socially disadvantaged farmers and ranchers (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))). In carrying
out this subsection, the Secretary shall, at a minimum--
(1) collect and distribute comprehensive reporting of trends in
farmland ownership, tenure, transition, barriers to entry,
profitability, and viability of beginning farmers and ranchers and
socially disadvantaged farmers and ranchers;
(2) develop surveys and report statistical and economic
analysis on farmland ownership, tenure, transition, barriers to
entry, profitability, and viability of beginning farmers and
ranchers, including a regular follow-on survey to each Census of
Agriculture with results of the follow-on survey made public not
later than 3 years after the previous Census of Agriculture; and
(3) require the National Agricultural Statistics Service to
include in the Tenure, Ownership, and Transition of Agricultural
Land survey questions relating to--
(A) the extent to which non-farming landowners are
purchasing and holding onto farmland for the sole purpose of
real estate investment;
(B) the impact of these farmland ownership trends on the
successful entry and viability of beginning farmers and
ranchers and socially disadvantaged farmers and ranchers;
(C) the extent to which farm and ranch land with undivided
interests and no administrative authority identified have farms
or ranches operating on that land; and
(D) the impact of land tenure patterns, categorized by--
(i) race, gender, and ethnicity; and
(ii) region.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each fiscal years
2019 through 2023, to remain available until expended.
SEC. 12608. REAUTHORIZATION OF RURAL EMERGENCY MEDICAL SERVICES
TRAINING AND EQUIPMENT ASSISTANCE PROGRAM.
Section 330J of the Public Health Service Act (42 U.S.C. 254c-15)
is amended--
(1) in subsection (a), by striking ``in rural areas'' and
inserting ``in rural areas or to residents of rural areas'';
(2) by striking subsections (b) through (f) and inserting the
following:
``(b) Eligibility; Application.--To be eligible to receive grant
under this section, an entity shall--
``(1) be--
``(A) an emergency medical services agency operated by a
local or tribal government (including fire-based and non-fire
based); or
``(B) an emergency medical services agency that is
described in section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such Code; and
``(2) submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary may
require.
``(c) Use of Funds.--An entity--
``(1) shall use amounts received through a grant under
subsection (a) to--
``(A) train emergency medical services personnel as
appropriate to obtain and maintain licenses and certifications
relevant to service in an emergency medical services agency
described in subsection (b)(1);
``(B) conduct courses that qualify graduates to serve in an
emergency medical services agency described in subsection
(b)(1) in accordance with State and local requirements;
``(C) fund specific training to meet Federal or State
licensing or certification requirements; and
``(D) acquire emergency medical services equipment; and
``(2) may use amounts received through a grant under subsection
(a) to--
``(A) recruit and retain emergency medical services
personnel, which may include volunteer personnel;
``(B) develop new ways to educate emergency health care
providers through the use of technology-enhanced educational
methods; or
``(C) acquire personal protective equipment for emergency
medical services personnel as required by the Occupational
Safety and Health Administration.
``(d) Grant Amounts.--Each grant awarded under this section shall
be in an amount not to exceed $200,000.
``(e) Definitions.--In this section:
``(1) The term `emergency medical services'--
``(A) means resources used by a public or private nonprofit
licensed entity to deliver medical care outside of a medical
facility under emergency conditions that occur as a result of
the condition of the patient; and
``(B) includes services delivered (either on a compensated
or volunteer basis) by an emergency medical services provider
or other provider that is licensed or certified by the State
involved as an emergency medical technician, a paramedic, or an
equivalent professional (as determined by the State).
``(2) The term `rural area' means--
``(A) a nonmetropolitan statistical area;
``(B) an area designated as a rural area by any law or
regulation of a State; or
``(C) a rural census tract of a metropolitan statistical
area (as determined under the most recent rural urban commuting
area code as set forth by the Office of Management and Budget).
``(f) Matching Requirement.--The Secretary may not award a grant
under this section to an entity unless the entity agrees that the
entity will make available (directly or through contributions from
other public or private entities) non-Federal contributions toward the
activities to be carried out under the grant in an amount equal to 10
percent of the amount received under the grant.''; and
(3) in subsection (g)(1), by striking ``2002 through 2006'' and
inserting ``2019 through 2023''.
SEC. 12609. COMMISSION ON FARM TRANSITIONS--NEEDS FOR 2050.
(a) Establishment.--There is established a commission to be known
as the Commission on Farm Transitions-Needs for 2050 (referred to in
this section as the ``Commission'').
(b) Study.--The Commission shall conduct a study on issues
impacting the transition of agricultural operations from established
farmers and ranchers to the next generation of farmers and ranchers,
including--
(1) access to, and availability of--
(A) quality land and necessary infrastructure;
(B) affordable credit;
(C) adequate risk management tools; and
(D) apprenticeship and mentorship programs;
(2) agricultural asset transfer strategies in use as of the
date of the enactment of this Act and improvements to such
strategies;
(3) incentives that may facilitate agricultural asset transfers
to the next generation of farmers and ranchers, including an
assessment of, and recommendations for, how existing and new
Federal tax policies--
(A) facilitate lifetime and estate transfers; and
(B) impact individuals seeking to farm who do not have
family farm lineage or access to farmland;
(4) the causes of the failures of such transitions, if any; and
(5) the effectiveness of programs and incentives providing
assistance with respect to such transitions in effect on the date
of the enactment of this Act and opportunities for the revision or
improvement of such programs.
(c) Membership.--
(1) Composition.--The Commission shall be composed of 10
members, as follows:
(A) 3 members appointed by the Secretary.
(B) 3 members appointed by the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(C) 3 members appointed by the Committee on Agriculture of
the House of Representatives.
(D) The Chief Economist of the Department of Agriculture.
(2) Federal government employment.--In addition to the Chief
Economist of the Department of Agriculture, the membership of the
Commission may include 1 or more employees of the Department of
Agriculture or other Federal agencies.
(3) Date of appointments.--The appointment of all members of
the Commission shall be made not later than 60 days after the date
of enactment of this Act.
(4) Term; vacancies.--
(A) Term.--A member shall be appointed for the life of the
Commission.
(B) Vacancies.--A vacancy on the Commission--
(i) shall not affect the powers of the Commission; and
(ii) shall be filled in the same manner as the original
appointment was made.
(5) Initial meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the
Commission shall hold the initial meeting of the Commission.
(d) Quorum.--A majority of the members of the Commission shall
constitute a quorum for the transaction of business, but a lesser
number of members may hold hearings.
(e) Chairperson.--The Secretary shall appoint 1 of the members of
the Commission to serve as Chairperson of the Commission.
(f) Report.--Not later than 1 year after the date of enactment of
this Act, the Commission shall submit to the President, the Committee
on Agriculture of the House of Representatives, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report containing
the results of the study required by subsection (b), including such
recommendations as the Commission considers appropriate.
(g) Hearings.--The Commission may hold such hearings, meet and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this
section.
(h) Information From Federal Agencies.--The Commission may secure
directly from a Federal agency such information as the Commission
considers necessary to carry out this section. On request of the
Chairperson of the Commission, the head of the agency shall provide the
information to the Commission.
(i) Postal Services.--The Commission may use the United States mail
in the same manner and under the same conditions as other agencies of
the Federal Government.
(j) Assistance From Secretary.--The Secretary may provide to the
Commission appropriate office space and such reasonable administrative
and support services as the Commission may request.
(k) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who is
not an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the annual
rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including travel time) during which the member is engaged in the
performance of the duties of the Commission.
(2) Federal employees.--A member of the Commission who is an
officer or employee of the Federal Government shall serve without
compensation in addition to the compensation received for the
services of the member as an officer or employee of the Federal
Government.
(3) Travel expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence,
at rates authorized for an employee of an agency under subchapter I
of chapter 57 of title 5, United States Code, while away from the
home or regular place of business of the member in the performance
of the duties of the Commission.
(l) Federal Advisory Committee Act.--Sections 9 and 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Commission or any proceeding of the Commission.
(m) Termination.--The Commission shall terminate on September 30,
2023.
SEC. 12610. EXCEPTIONS UNDER UNITED STATES GRAIN STANDARDS ACT.
(a) Geographic Boundaries for Official Agencies.--Section 7 of the
United States Grain Standards Act (7 U.S.C. 79) is amended--
(1) in subsection (f)(2)--
(A) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (iii), and (iv), respectively, and indenting
appropriately;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``Not more'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), not more'';
(C) in subparagraph (A) (as so designated), in the matter
preceding clause (i) (as so redesignated), by striking
``Secretary, except that, if'' and inserting the following:
``Secretary.
``(B) Exceptions.--Subject to subsection (g)(4)(A), if'';
(D) in subparagraph (B) (as so designated), by inserting
after clause (i) the following:
``(ii) a person requesting inspection services in that
geographic area has not been receiving official inspection
services from the current designated official agency for
that geographic area;''; and
(E) by adding at the end the following:
``(C) Termination of nonuse of service exception.--The
exception under subparagraph (B)(ii) may only be terminated if
all parties to that exception jointly agree on the termination,
unless terminated according to subsection (g)(4)(A).
``(D) Restoration of certain exceptions.--
``(i) Definition of eligible grain handling facility.--
In this subparagraph, the term `eligible grain handling
facility' means a grain handling facility that--
``(I) was granted an exception under the final rule
entitled `Exceptions to Geographic Areas for Official
Agencies Under the USGSA' (68 Fed. Reg. 19137 (April
18, 2003)); and
``(II) had that exception revoked between September
30, 2015, and the date of enactment of the Agriculture
Improvement Act of 2018.
``(ii) Restoration of exceptions.--Within 90 days of
notification from an eligible grain handling facility, the
Secretary shall restore an exception described in clause
(i)(I) with an official agency if--
``(I) the eligible grain handling facility and the
former excepted official agency agree to restore that
exception; and
``(II) the eligible grain handling facility
notifies the Secretary of the preferred date for
restoration of the exception within 90 days of
enactment of the Agriculture Improvement Act of
2018.''; and
(2) in subsection (g), by adding at the end the following:
``(4) Effect on exceptions.--
``(A) In general.--The exceptions under clauses (ii) and
(iv) of subsection (f)(2)(B) shall not apply if the designation
of an official agency is terminated, pursuant to paragraph (1).
``(B) Designation renewed or restored.--If the designation
of an official agency is renewed or restored after being
terminated under paragraph (1), the Secretary may renew or
restore the exceptions under subsection (f)(2)(B) in accordance
with that subsection.''.
(b) Unauthorized Weighing Prohibited.--Section 7A(i)(2) of the
United States Grain Standards Act (7 U.S.C. 79a(i)(2)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i)
and (iii), respectively, and indenting appropriately;
(2) in the matter preceding clause (i) (as so redesignated), by
striking ``Not more'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), not more'';
(3) in subparagraph (A) (as so designated), in the matter
preceding clause (i) (as so redesignated), by striking ``Secretary,
except that, if'' and inserting the following: ``Secretary.
``(B) Exceptions.--If'';
(4) in subparagraph (B) (as so designated)--
(A) in clause (i), by striking ``or'' at the end; and
(B) by inserting after clause (i) the following:
``(ii) a person requesting weighing services in that
geographic area has not been receiving official weighing
services from the current designated official agency for
that geographic area; or''; and
(5) by adding after subparagraph (B) (as so designated)--
``(C) Restoration of certain exceptions.--
``(i) Definition of eligible grain handling facility.--
In this subparagraph, the term `eligible grain handling
facility' means a grain handling facility that--
``(I) was granted an exception under the final rule
entitled `Exceptions to Geographic Areas for Official
Agencies Under the USGSA' (68 Fed. Reg. 19137 (April
18, 2003)); and
``(II) had that exception revoked between September
30, 2015 and the date of enactment of the Agriculture
Improvement Act of 2018.
``(ii) Restoration of exceptions.--Within 90 days of
notification from an eligible grain handling facility, the
Secretary shall restore an exception described in clause
(i)(I) with an official agency if--
``(I) the eligible grain handling facility and the
former excepted official agency agree to restore that
exception; and
``(II) the eligible grain handling facility
notifies the Secretary of the preferred date for
restoration of the exception within 90 days of
enactment of the Agriculture Improvement Act of
2018.''.
(c) Technical Correction.--Section 7(f)(1) of the United States
Grain Standards Act (7 U.S.C. 79(f)(1)) is amended by indenting
subparagraph (C) appropriately.
SEC. 12611. CONFERENCE REPORT REQUIREMENT THRESHOLD.
Section 14209(a)(3)(A) of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 2255b(a)(3)(A)) is amended by striking ``$10,000'' and
inserting ``$50,000''.
SEC. 12612. NATIONAL AGRICULTURE IMAGERY PROGRAM.
(a) In General.--The Secretary of Agriculture, acting through the
Administrator of the Farm Service Agency, shall carry out a national
agriculture imagery program to annually acquire aerial imagery during
agricultural growing seasons from the continental United States.
(b) Data.--The aerial imagery acquired under this section shall--
(1) consist of high resolution processed digital imagery;
(2) be made available in a format that can be provided to
Federal, State, and private sector entities;
(3) be technologically compatible with geospatial information
technology; and
(4) be consistent with the standards established by the Federal
Geographic Data Committee.
(c) Supplemental Satellite Imagery.--The Secretary of Agriculture
may supplement the aerial imagery collected under this section with
satellite imagery.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $23,000,000 for fiscal year 2019
and each fiscal year thereafter.
SEC. 12613. REPORT ON INCLUSION OF NATURAL STONE PRODUCTS IN COMMODITY
PROMOTION, RESEARCH, AND INFORMATION ACT OF 1996.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Agriculture shall submit to the Committee on
Agriculture of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report examining
the effect the establishment of a Natural Stone Research and Promotion
Board pursuant to the Commodity Promotion, Research, and Information
Act of 1996 (7 U.S.C. 7401 et seq.) would have on the natural stone
industry, including how such a program would effect--
(1) research conducted on, and the promotion of, natural stone;
(2) the development and expansion of domestic markets for
natural stone;
(3) economic activity of the natural stone industry subject to
such a Board;
(4) economic development in rural areas; and
(5) benefits to consumers in the United States of natural stone
products.
SEC. 12614. ESTABLISHMENT OF FOOD ACCESS LIAISON.
(a) In General.--Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6901 et seq.), as amended by
sections 12202, 12302, 12403, and 12504, is amended by adding at the
end the following:
``SEC. 225. FOOD ACCESS LIAISON.
``(a) Establishment.--The Secretary shall establish the position of
Food Access Liaison to coordinate Department programs to reduce
barriers to food access and monitor and evaluate the progress of such
programs in accordance with this section.
``(b) Duties.--The Food Access Liaison shall--
``(1) coordinate the efforts of the Department, including
regional offices, to experiment and consider programs and policies
aimed at reducing barriers to food access for consumers, including
but not limited to participants in nutrition assistance programs;
``(2) provide outreach to entities engaged in activities to
reduce barriers to food access in accordance with the statutory
authorization for each program;
``(3) provide outreach to entities engaged in activities to
reduce barriers to food access, including retailers, markets,
producers, and others involved in food production and distribution,
with respect to the availability of, and eligibility for,
Department programs;
``(4) raise awareness of food access issues in interactions
with employees of the Department;
``(5) make recommendations to the Secretary with respect to
efforts to reduce barriers to food access; and
``(6) submit to Congress an annual report with respect to the
efforts of the Department to reduce barriers to food access.''.
(b) Technical Assistance.--The Secretary shall provide technical
assistance to entities that are participants, or seek to participate,
in Department of Agriculture programs related to reduction of barriers
to food access.
SEC. 12615. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND TO OBTAIN
A FARM NUMBER.
(a) Definitions.--In this section:
(1) Eligible documentation.--The term ``eligible
documentation'', with respect to land for which a farm operator
seeks assignment of a farm number under subsection (b)(1),
includes--
(A) in States that have adopted a statute consisting of an
enactment or adoption of the Uniform Partition of Heirs
Property Act, as approved and recommended for enactment in all
States by the National Conference of Commissioners on Uniform
State Laws in 2010--
(i) a court order verifying the land meets the
definition of heirs property (as defined in that Act); or
(ii) a certification from the local recorder of deeds
that the recorded owner of the land is deceased and not
less than 1 heir of the recorded owner of the land has
initiated a procedure to retitle the land in the name of
the rightful heir;
(B) a fully executed, unrecorded tenancy-in-common
agreement that sets out ownership rights and responsibilities
among all of the owners of the land that--
(i) has been approved by a majority of the ownership
interests in that property;
(ii) has given a particular owner the right to manage
and control any portion or all of the land for purposes of
operating a farm or ranch; and
(iii) was validly entered into under the authority of
the jurisdiction in which the land is located;
(C) the tax return of a farm operator farming a property
with undivided interests for each of the 5 years preceding the
date on which the farm operator submits the tax returns as
eligible documentation under subsection (b);
(D) self-certification that the farm operator has control
of the land for purposes of operating a farm or ranch; and
(E) any other documentation identified by the Secretary
under subsection (c).
(2) Farm number.--The term ``farm number'' has the meaning
given the term in section 718.2 of title 7, Code of Federal
Regulations (as in effect on the date of enactment of this Act).
(b) Farm Number.--
(1) In general.--The Secretary shall provide for the assignment
of a farm number to any farm operator who provides any form of
eligible documentation for purposes of demonstrating that the farm
operator has control of the land for purposes of defining that land
as a farm.
(2) Eligibility.--Any farm number provided under paragraph (1)
shall be sufficient to satisfy any requirement of the Secretary to
have a farm number to participate in a program of the Secretary.
(c) Eligible Documentation.--The Secretary shall identify
alternative forms of eligible documentation that a farm operator may
provide in seeking the assignment of a farm number under subsection
(b)(1).
SEC. 12616. EXTENDING PROHIBITION ON ANIMAL FIGHTING TO THE
TERRITORIES.
(a) In General.--Section 26 of the Animal Welfare Act (7 U.S.C.
2156) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Except as provided in
paragraph (3), it'' and inserting ``It''; and
(B) by striking paragraph (3);
(2) by striking subsection (d); and
(3) by redesignating subsections (e), (f), (g), (h), (i), and
(j) as subsections (d), (e), (f), (g), (h), and (i), respectively.
(b) Use of Postal Service or Other Interstate Instrumentalities.--
Section 26(c) of the Animal Welfare Act (7 U.S.C. 2156(c)) is amended
by striking ``(e)'' and inserting ``(d)''.
(c) Criminal Penalties.--Subsection (i) of section 26 of the Animal
Welfare Act (7 U.S.C. 2156), as redesignated by section 2(3), is
amended by striking ``(e)'' and inserting ``(d)''.
(d) Enforcement of Animal Fighting Prohibitions.--Section 49(a) of
title 18, United States Code, is amended by striking ``(e)'' and
inserting ``(d)''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 12617. EXEMPTION OF EXPORTATION OF CERTAIN ECHINODERMS FROM
PERMISSION AND LICENSING REQUIREMENTS.
(a) Definitions.--In this section:
(1) Conservation and management.--The term ``conservation and
management'' has the meaning given the term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1802).
(2) Marine fisheries commission.--The term ``Marine Fisheries
Commission'' means an interstate commission (as that term is used
in the Interjurisdictional Fisheries Act of 1986 (16 USC 4101 et
seq.)).
(3) State jurisdiction.--The term ``State jurisdiction'' means
areas under the jurisdiction and authority of a State as described
in section 306(a)(2) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1856(a)(2)).
(b) Exemption.--Not later than 90 days after the date of enactment
of this Act, the Director of the United States Fish and Wildlife
Service shall amend section 14.92 of title 50, Code of Federal
Regulations, to clarify that--
(1) except as provided in paragraph (2) and subsection (d)(2)--
(A) fish and wildlife described in subsection (c) are
fishery products exempt from the export permission requirements
of section 9(d)(1) of the Endangered Species Act of 1973 (16
U.S.C. 1538(d)(1)); and
(B) any person may engage in business as an exporter of
fish or wildlife described in subsection (c) without
procuring--
(i) permission under section 9(d)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
(ii) an export license under subpart I of part 14 of
title 50, Code of Federal Regulations (or successor
regulations); and
(2) notwithstanding paragraph (1), unless the person has
qualified for and obtained an export license described in paragraph
(1)(B)(ii), any person that has been convicted of 1 or more
violations of a Federal law relating to the importation,
transportation, or exportation of wildlife shall not be permitted,
during the 5-year period beginning on the date of the most recent
conviction, to engage in business as an exporter of fish or
wildlife described in subsection (c).
(c) Covered Fish or Wildlife.--The fish or wildlife referred to in
subsection (b) are members of the species Strongylocentrotus
droebachiensis (commonly known as the ``green sea urchin''), including
any products of that species, that--
(1) do not require a permit under part 16, 17, or 23 of title
50, Code of Federal Regulations (or successor regulations);
(2)(A) are harvested in waters under State jurisdiction; or
(B) are imported for processing in the United States pursuant
to an import license as required under section 14.91 of title 50,
Code of Federal Regulations (or a successor regulation), and not
exempt from import license requirements under section 14.92 of that
title (as in effect on the day before the date of enactment of this
Act); and
(3) are exported for purposes of human or animal consumption.
(d) Information Collection on Exports.--
(1) In general.--The State agency that regulates or otherwise
oversees a State fishery in which the fish and wildlife described
in subsection (c) are harvested shall annually transmit the
conservation and management data (as defined in subsection (a)) to
the Interstate Fisheries Management Program Policy Board of the
applicable Marine Fisheries Commission.
(2) Privacy.--Such data thereafter shall not be released and
shall be maintained as confidential by such applicable Marine
Fisheries Commission, including data requested under the section
552 of title 5, United States Code, unless disclosure is required
under court order or unless the data is essential for an
enforcement action under Federal wildlife management laws.
(3) Exclusion.--The exemption under subsection (b)(1) shall not
apply in a State if--
(A) the State fails to transmit the data required under
paragraph (1); or
(B) the applicable Marine Fisheries Commission determines,
in consultation with the primary research agency of such
Commission, after notice and an opportunity to comment, that
the data required under paragraph (1) fails to prove that the
State agency or official is engaged in conservation and
management of the fish or wildlife described in subsection (c).
SEC. 12618. 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) Data on Conservation Practices.--The Secretary shall identify
available data sets within the Department of Agriculture regarding the
use of conservation practices and the effect of such practices on farm
and ranch profitability (including such effects relating to crop
yields, soil health, and other risk-related factors).
``(b) Report.--Not later than 1 year after the date of enactment of
the Agriculture Improvement Act of 2018, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a
report that includes--
``(1) a summary of the data sets identified under subsection
(a);
``(2) a summary of the steps the Secretary would have to take
to provide access to such data sets by university researchers,
including taking into account any technical, privacy, or
administrative considerations;
``(3) a summary of safeguards the Secretary employs when
providing access to data to university researchers;
``(4) a summary of appropriate procedures to maximize the
potential for research benefits while preventing any violations of
privacy or confidentiality; and
``(5) recommendations for any necessary authorizations or
clarifications of Federal law to allow access to such data sets to
maximize the potential for research benefits.''.
SEC. 12619. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 102(16) of the Controlled Substances Act
(21 U.S.C. 802(16)) is amended--
(1) by striking ``(16) The'' and inserting ``(16)(A) Subject to
subparagraph (B), the''; and
(2) by striking ``Such term does not include the'' and
inserting the following:
``(B) The term `marihuana' does not include--
``(i) hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946; or
``(ii) the''.
(b) Tetrahydrocannabinol.--Schedule I, as set forth in section
202(c) of the Controlled Substances Act (21 U.S.C. 812(c)), is amended
in subsection (c)(17) by inserting after ``Tetrahydrocannabinols'' the
following: ``, except for tetrahydrocannabinols in hemp (as defined
under section 297A of the Agricultural Marketing Act of 1946)''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.