101-624 - Food, Agriculture, Conservation, and Trade Act of 1990
FACT ACT OF 1990
Public Law 101–624, as amended
104 Stat. 3359, as amended
101-624 - Food, Agriculture, Conservation, and Trade Act of 1990
624
119–21
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
GPO Statute Compilations USLM converter, version 20240419
2025-07-25
Food, Agriculture, Conservation, and Trade Act of 1990
Fluid Milk Promotion Act of 1990
Organic Foods Production Act of 1990
Global Climate Change Prevention Act of 1990
Agricultural Development and Trade Act of 1990
Conservation Program Improvements Act
Farms for the Future Act of 1990
National Agricultural Weather Information System Act of 1990
Agricultural Act of 2014
Agriculture Improvement Act of 2018
National Forest-Dependent Rural Communities Economic Diversification Act of 1990
10649
101
1990-11-28
101-624 - Food, Agriculture, Conservation, and Trade Act of 1990
[Pub. L. 101–624; Approved Nov. 28, 1990; 104 Stat. 3359]
[As Amended Through P.L. 119–21, Enacted July 4, 2025]
[Currency: This publication is a compilation of the text of Public Law 101-624. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

TABLE OF CONTENTS1
^1
This table of contents is not part of the Act but is included for user convenience. Additional sections and titles have since been added to this file.
Sec. 1.
Short title; table of contents.
* * * * * * *
TITLE XI—
GENERAL COMMODITY PROVISIONS
* * * * * * *
Sec. 1124.
Comparability of storage payments.
* * * * * * *
TITLE XII—
GENERAL COMMODITY PROVISIONS
* * * * * * *
Subtitle B—
Research and Education
* * * * * * *
Chapter 2—
Specialized Research
* * * * * * *
Sec. 1243.
Semiarid Agroforestry Research Center.
* * * * * * *
TITLE XIV—
CONSERVATION
Sec. 1401.
Short title.
* * * * * * *
Subtitle E—
Watershed Protection and Flood Prevention Act; Farmland Protection
Chapter 2—
Farmland Protection
Sec. 1465.
Short title, purpose, and definition.
Sec. 1466.
Establishment of program.
Sec. 1467.
Federal accounts and compliance.
Sec. 1468.
Applications and administration.
Sec. 1469.
Report.
Sec. 1470.
Implementation and effective date.
Sec. 1470A.
Comptroller General reports.
Sec. 1470B.
Special rules for issuance of stock for 1992.
Subtitle F—
Administration of Environmental Programs
Sec. 1471.
Establishment of the Agricultural Council on Environmental Quality.
Sec. 1472.
Office of Agricultural Environmental Quality.
Sec. 1473.
Environmental quality policy statement.
TITLE XV—
AGRICULTURAL TRADE
Sec. 1542.
Promotion of agricultural exports to emerging markets.
Sec. 1543.
Agricultural fellowship program for middle income countries, emerging democracies, and emerging markets.
Sec. 1543a.
Biotechnology and agricultural trade program.
TITLE XVI—
RESEARCH
Subtitle A—
Extensions and Changes to Existing Law
[Omitted]
Subtitle B—
Sustainable Agriculture Research and Education
Sec. 1619.
Purpose and definitions.
Sec. 1620.
Repeal of agricultural productivity research.
Chapter 1—
Best Utilization of Biological Applications
Sec. 1621.
Research and extension projects.
Sec. 1622.
Program administration.
Sec. 1623.
Federal-State matching grant program.
Sec. 1624.
Authorization of appropriations.
Chapter 2—
Integrated Management Systems
Sec. 1627.
Integrated management systems.
Chapter 3—
Sustainable Agriculture Technology Development and Transfer Program
Sec. 1628.
Technical guides and handbooks.
Sec. 1629.
National Training Program.
Subtitle C—
National Genetic Resources Program
Sec. 1632.
Establishment, purpose, and functions of the National Genetic Resources Program.
Sec. 1633.
Appointment and authority of Director.
Sec. 1634.
Advisory council.
Sec. 1635.
Definitions and authorization of appropriations.
Subtitle D—
National Agricultural Weather Information System
Sec. 1637.
Short title and purposes.
Sec. 1638.
Agricultural Weather Office.
[Sec. 1639. Repealed]
Sec. 1640.
State agricultural weather information systems.
Sec. 1641.
Funding.
Subtitle E—
Research Regarding the Production, Preparation, Processing, Handling, and Storage of Agricultural Products
[Repealed by section 861 of P.L. 104–127, 110 Stat. 1174, April 4, 1996]
Subtitle F—
Plant and Animal Pest and Disease Control Program
[Repealed by section 862 of P.L. 104–127, 110 Stat. 1174, April 4, 1996]
Subtitle G—
Alternative Agricultural Research and Commercialization
[Repealed by section 6201(a) of P.L. 107–171, 116 Stat. 418, May 13, 2002]
Subtitle H—
Miscellaneous Research Provisions
Sec. 1668.
Biotechnology risk assessment research.
[Sec. 1669. Repealed]
Sec. 1670.
Rural electronic commerce extension program.
Sec. 1671.
Agricultural genome to phenome initiative.
Sec. 1672.
High-priority research and extension initiatives.
[Sec. 1672A. Repealed.]
Sec. 1672B.
Organic agriculture research and extension initiative.
[Sec. 1672C. Repealed.]
Sec. 1672D.
Farm business management.
Sec. 1672E.
Urban, indoor, and other emerging agricultural production research, education, and extension initiative.
Sec. 1673.
Centers of excellence.
[Sec. 1674. Repealed]
[Sec. 1675. Repealed]
Sec. 1676.
Red meat safety research center.
Sec. 1677.
Reservation extension agents.
[Sec. 1678. Repealed]
[Sec. 1679. Repealed]
Sec. 1680.
Assistive technology program for farmers with disabilities.
[Sec. 1681. Repealed]
TITLE XIX—
AGRICULTURAL PROMOTION
Subtitle H—
Processor-Funded Milk Promotion Program
Sec. 1999A.
Short title.
Sec. 1999B.
Findings and declaration of policy.
Sec. 1999C.
Definitions.
Sec. 1999D.
Authority to issue orders.
Sec. 1999E.
Notice and comment.
Sec. 1999F.
Findings and issuance of orders.
Sec. 1999G.
Regulations.
Sec. 1999H.
Required terms in orders.
Sec. 1999I.
Permissive terms.
Sec. 1999J.
Assessments.
Sec. 1999K.
Petition and review.
Sec. 1999L.
Enforcement.
Sec. 1999M.
Investigations and power to subpoena.
Sec. 1999N.
Requirement of initial referendum.
Sec. 1999O.
Suspension or termination of orders.
Sec. 1999P.
Amendments.
Sec. 1999Q.
Independent evaluation of programs.
Sec. 1999R.
Authorization of appropriations.
TITLE XXI—
ORGANIC CERTIFICATION
Sec. 2101.
Short title.
Sec. 2102.
Purposes.
Sec. 2103.
Definitions.
Sec. 2104.
National organic production program.
Sec. 2105.
National standards for organic production.
Sec. 2106.
Compliance requirements.
Sec. 2107.
General requirements.
Sec. 2108.
State organic certification program.
Sec. 2109.
Prohibited crop production practices and materials.
Sec. 2110.
Animal production practices and materials.
Sec. 2111.
Handling.
Sec. 2112.
Additional guidelines.
Sec. 2113.
Other production and handling practices.
Sec. 2114.
Organic plan.
Sec. 2115.
Accreditation program.
Sec. 2116.
Requirements of certifying agents.
Sec. 2117.
Peer review of certifying agents.
Sec. 2118.
National list.
Sec. 2119.
National Organic Standards Board.
Sec. 2120.
Violations of title.
Sec. 2121.
Administrative appeal.
Sec. 2122.
Administration.
Sec. 2122A.
Organic agricultural product imports interagency working group.
Sec. 2123.
Funding.
TITLE XII—
CROP INSURANCE AND DISASTER ASSISTANCE
Subtitle B—
Disaster Assistance
Chapter 3—
Emergency Crop Loss Assistance
SUBCHAPTER A—
ANNUAL CROPS
Sec. 2241.
Payments to program participants for target price commodities.
Sec. 2242.
Payments to program nonparticipants for target price commodities.
Sec. 2243.
Peanuts, sugar, and tobacco.
Sec. 2244.
Soybeans and nonprogram crops.
Sec. 2245.
Crop quality reduction disaster payments.
Sec. 2246.
Effect of Federal crop insurance payments.
Sec. 2247.
Crop insurance coverage for the 1991 crops.
Sec. 2248.
Crops harvested for forage uses.
Sec. 2249.
Payment limitations.
Sec. 2250.
Substitution of crop insurance program yields.
Sec. 2251.
Definitions.
SUBCHAPTER B—
ORCHARDS
Sec. 2255.
Eligibility.
Sec. 2256.
Assistance.
Sec. 2257.
Limitation on assistance.
Sec. 2258.
Definition.
Sec. 2259.
Duplicative payments.
SUBCHAPTER C—
FOREST CROPS
Sec. 2261.
Eligibility.
Sec. 2262.
Assistance.
Sec. 2263.
Limitation on assistance.
Sec. 2264.
Definition.
Sec. 2265.
Duplicative payments.
SUBCHAPTER D—
ADMINISTRATIVE PROVISIONS
Sec. 2266.
Ineligibility.
Sec. 2267.
Timing and manner of assistance.
Sec. 2268.
Commodity Credit Corporation.
Sec. 2269.
Emergency loans.
Sec. 2270.
Regulations.
SUBCHAPTER E—
APPROPRIATIONS
Sec. 2271.
Authorization of appropriations.
Sec. 2272.
Proration of benefits.
Subtitle C—
Miscellaneous Provisions
Sec. 2281.
Emergency grants to assist low-income migrant and seasonal farmworkers.
TITLE XXIII—
RURAL DEVELOPMENT
Subtitle D—
Enhancing Human Resources
Chapter 1—
Telemedicine and Distance Learning Services in Rural Areas
Sec. 2331.
Purpose.
Sec. 2332. Definitions.
Sec. 2333.
Telemedicine and distance learning services in rural areas.
Sec. 2334. Administration.
Sec. 2335. Regulations.
Sec. 2335A. Authorization of appropriations.
Subtitle G—
Rural Revitalization Through Forestry
Chapter 1—
Forestry Rural Revitalization
Sec. 2371. Forestry rural revitalization.
Chapter 2—
National Forest-Dependent Rural Communities
Sec. 2372. Short title.
Sec. 2373. Findings and purposes.
Sec. 2374 Definitions.
Sec. 2375. Rural forestry and economic diversification action teams.
Sec. 2376. Action plan implementation.
Sec. 2377. Training and education.
Sec. 2378. Loans to economically disadvantaged rural communities.
Sec. 2379. Authorization of appropriations and spending authority.
Subtitle H—
Miscellaneous Provisions
Sec. 2381.
National Rural Information Center Clearinghouse.
TITLE XXIV—
GLOBAL CLIMATE CHANGE
Sec. 2401. Short title.
Sec. 2402.
Global climate change program.
Sec. 2403.
Study of global climate change, agriculture, and forestry.
[Sec. 2404. Repealed.]
Sec. 2405.
Office of International Forestry.
Sec. 2406. Line item.
Sec. 2407. Institutes of tropical forestry.
Sec. 2408. The Forest and Rangeland Renewable Resources Planning Act of 1974.
Sec. 2409. Urban forestry demonstration projects.
Sec. 2410.
[Repealed]
Sec. 2411. Interagency cooperation to maximize biomass growth.
Sec. 2412. Authorization of appropriations.
TITLE XXV—
OTHER RELATED PROVISIONS
Sec. 2501. Farming opportunities training and outreach.
Sec. 2501A. Transparency and accountability for socially disadvantaged farmers and ranchers.
SECTION 1.

SHORT TITLE; TABLE OF CONTENTS.
(a)

Short title.—
This Act may be cited as the “Food, Agriculture, Conservation, and Trade Act of 1990”.
* * * * * * *
TITLE XI—

GENERAL COMMODITY PROVISIONS
SEC. 1124.
[7 U.S.C. 1445e note]

COMPARABILITY OF STORAGE PAYMENTS.
In making storage payments to producers under section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) and to commercial warehousemen in accordance with the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), the Commodity Credit Corporation and the Secretary of Agriculture shall, to the extent practicable, ensure that the rates of the storage payments made to producers are equivalent to average rates paid for commercial storage, taking into account the current demand for storage for commodities, efficiency, location, regulatory compliance costs, bonding requirements, and impact of user fees as determined by the Secretary, except that the rates paid to producers and commercial warehouse shall be established at rates that will result in no increase in current or projected combined outlays of the Commodity Credit Corporation for the storage payments made to producers and commercial warehouse as a result of the adjustment of storage rates under this section.
* * * * * * *
TITLE XII—

STATE AND PRIVATE FORESTRY
* * * * * * *
Subtitle B—

Research and Education
* * * * * * *
CHAPTER 2—

SPECIALIZED RESEARCH
* * * * * * *
SEC. 1243.
[16 U.S.C. 1642 note]

SEMIARID AGROFORESTRY RESEARCH CENTER.
(a)

Semiarid Agroforestry Research, Development, and Demonstration Center.—
The Secretary of Agriculture shall establish at the Forestry Sciences Laboratory of the United States Forest Service, in Lincoln, Nebraska, a Semiarid Agroforestry Research, Development, and Demonstration Center (hereafter referred to in this section as the “Center”) and appoint a Director to manage and coordinate the program established at the Center under subsection (b).
(b)

Program.—
The Secretarv shall establish a program at the Center and seek the participation of Federal or State governmental entities, land-grant colleges or universities, State agricultural experiment stations, State and private foresters, the National Arbor Day Foundation, and other nonprofit foundations in such program to conduct or assist research, investigations, studies, and surveys to—
(1)
develop sustainable agroforestry systems on semiarid lands that minimize topsoil loss and water contamination and stabilize or enhance crop productivity;
(2)
adapt, demonstrate, document, and model the effectiveness of agroforestry systems under different farming systems and soil or climate conditions;
(3)
develop dual use agroforestry systems compatible with paragraphs (1) and (2) which would provide high-value forestry products for commercial sale from semiarid land;
(4)
develop and improve the drought and pest resistance characteristics of trees for conservation forestry and agroforestry applications in semiarid regions, including the introduction and breeding of trees suited for the Great Plains region of the United States;
(5)
develop technology transfer programs that increase farmer and public acceptance of sustainable agroforestry systems;
(6)
develop improved windbreak and shelterbelt technologies for drought preparedness, soil and water conservation, environmental quality, and biological diversity on semiarid lands;
(7)
develop technical and economic concepts for sustainable agroforestry on semiarid lands, including the conduct of economic analyses of the costs and benefits of agroforestry systems and the development of models to predict the economic benefits under soil or climate conditions;
(8)
provide international leadership in the development and exchange of agroforestry practices on semiarid lands worldwide;
(9)
support research on the effects of agroforestry systems on semiarid lands in mitigating nonpoint source water pollution;
(10)
support research on the design, establishment, and maintenance of tree and shrub plantings to regulate the deposition of snow along roadways; and
(11)
conduct sociological, demographic, and economic studies as needed to develop strategies for increasing the use of forestry conservation and agroforestry practices.
(c)

Information Collection and Dissemination.—
The Secretary shall establish at the Center a program, to be known as the National Clearinghouse on Agroforestry Conservation and Promotion to—
(1)
collect, analyze, and disseminate information on agroforestry conservation technologies and practices; and
(2)
promote the use of such information by landowners and those organizations associated with forestry and tree promotion.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated $5,000,000 for each of fiscal years 2019 through 2023 to carry out this section.
* * * * * * *
TITLE XIV—

CONSERVATION
SEC. 1401.
[16 U.S.C 3801 note]

SHORT TITLE.
This title may be cited as the “Conservation Program Improvements Act”.
* * * * * * *
Subtitle E—

Watershed Protection and Flood Prevention Act; Farmland Protection
* * * * * * *
CHAPTER 2—

FARMLAND PROTECTION
SEC. 1465.
[7 U.S.C. 4201 note]

SHORT TITLE, PURPOSE, AND DEFINITION.
(a)

Short Title.—
This chapter may be cited as the “Farms for the Future Act of 1990”.
(b)

Purpose.—
It is the purpose of this chapter to promote a national farmland protection effort to preserve our vital farmland resources for future generations.
(c)

Definitions.—
As used in this chapter:
(1)

Allowable interest rate.—
The term “allowable interest rate” refers to the interest rate that the State trust fund pays on each eligible loan (including the interest paid by the State trust fund, State, or State agency on bonds or other obligations described in paragraph (2)).
(2)

Eligible loan.—
The term “eligible loan” means each loan made by lending institutions to each State trust fund, or to the State acting in conjunction with the State trust fund, to further the purposes of this chapter, and the proceeds from any issuance of obligations, or other bonded indebtedness, of any eligible State, the State trust fund, or any agency of an eligible State, except that no eligible loan shall bear an interest rate in excess of 10 percent per year.
(3)

Eligible state.—
The term “eligible State” means—
(A)
the State of Vermont; and
(B)
at the option of the Secretary and subject to appropriations, any State that—
(i)
operates or administers a land preservation fund that invests funds in the protection or preservation of farmland for agricultural purposes; and
(ii)
works in coordination with the governing bodies of counties, towns, townships, villages, or other units of general government below the State level, or with private nonprofit or public organizations, to assist in the preservation of farmland for agricultural purposes.
(4)

Lending institution.—
The term “lending institution” means any Federal or State chartered bank, savings and loan association, cooperative lending agency, other legally organized lending agency, State government or agency, political subdivision of a State, or any nonprofit conservation organization.
(5)

Program.—
The term “program” means the farmland preservation program established under this chapter to be known as the “Agricultural Resource Conservation Demonstration Program”.
(6)

Secretary.—
The term “Secretary” means the Secretary of Agriculture.
(7)

State.—
The term “State” means any State of the United States, the Commonwealth of Puerto Rico, and the Virgin Islands of the United States.
(8)

State trust fund.—
The term “State trust fund” means any trust fund or an account established by an eligible State, or other public instrumentality of the eligible State, where such eligible State is approved to participate by the Secretary in the program under application procedures set forth in section 1466(j) or 1468.
SEC. 1466.
[7 U.S.C. 4201 note]

ESTABLISHMENT OF PROGRAM.
(a)

In General.—
(1)

Purpose.—
The Secretary shall establish and implement a program, to be known as the “Agricultural Resource Conservation Demonstration Program”, to provide Federal guarantees and interest assistance for eligible loans described in section 1465(c)(2) made to, or issued for the benefit of, State trust funds.
(2)

Assistance.—
Under the program the Secretary shall guarantee for a period of 10 years the timely payment of the principal amount and interest due on each eligible loan described in section 1465(c)(2) made to, or issued for the benefit of, State trust funds and shall for each such 10-year period subsidize the interest on such eligible loans at the allowable interest rate for the first 5 years after the loan is made, or issued, and at no less than 3 percentage points for the second 5 years under procedures described in subsection (b).
(b)

Mandatory Assistance to Each State Trust Fund.—
The Secretary shall—
(1)
fully guarantee with the full faith and credit of the United States each eligible loan described in section 1465(c)(2) made to, or issued for the benefit of, each State trust fund under procedures established by the Secretary;
(2)
annually pay to each State trust fund an amount calculated by applying the allowable interest rate to the amount of each loan described in section 1465(c)(2) made to, or issued for the benefit of, each State trust fund during each of the first 5 years after the date on which each such loan was made or issued; and
(3)
annually pay to each State trust fund, for each year during the second 5-year period after each such eligible loan is made to, or issued for the benefit of, the State trust fund, an amount calculated by applying the interest rate difference, between the rate of interest charged to borrowers of direct loans as described in section 316(a)(2) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1946(a)(2)) and the allowable interest rate, to the amount of each such loan made to, or issued for the benefit of, the State trust fund, as determined under procedures established by the Secretary.
(c)

Funding.—
(1)

Issuance of stock.—
The Secretary of Agriculture shall make and issue stock, in the same manner as notes are issued under section 309(c) or 309A(d) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1929(c) or 1929a(d)), to the Secretary of the Treasury for the purpose of obtaining funds from the Secretary of the Treasury that are necessary for discharging the obligations of the Secretary of Agriculture under this chapter. The stock shall not pay dividends and shall not be redeemable.
(2)

Purchase of stock.—
The Secretary of the Treasury shall provide the funding necessary to implement this chapter. The Secretary of the Treasury shall purchase any stock of the Secretary of Agriculture issued to implement this chapter. The Secretary of the Treasury shall use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code. The purposes for which the securities may be issued under such chapter are extended to include the raising of funds to purchase stock issued by the Secretary of Agriculture to implement this chapter with respect to each eligible State. The Secretary of Agriculture shall make and issue such stock as is necessary to fund this chapter to the Secretary of the Treasury who shall promptly purchase the stock (within 60 days) being offered by the Secretary of Agriculture.
(3)

Commodity credit corporation.—
If the Secretary of Agriculture fails to issue stock as required under this chapter, or if funding is otherwise not provided as set forth in this chapter, for the eligible State described in section 1465(c)(3)(A), notwithstanding any other provision of law, the Secretary of Agriculture shall use the funds, services and facilities of the Commodity Credit Corporation to carry out the requirements of this chapter. The procedure described in paragraph (2) shall be used to reimburse the Corporation for funds expended to carry out this paragraph.
(d)

Required Purchases of Stock.—
The Secretary shall promptly notify the Secretary of the Treasury, in writing, each time an application of an eligible State is approved by the Secretary under this chapter. The Secretary of the Treasury shall promptly purchase stock (within 60 days) offered by the Secretary under subsection (c) and the Secretary of Agriculture shall deposit the proceeds from each such sale of stock in accounts created to administer the program.
(e)

Entitlements.—
The Secretary is entitled to receive funds, and shall receive funds, from the Secretary of the Treasury in an amount equal to the total par-value of the stock issued to the Secretary of the Treasury. Each State trust fund is entitled to receive, and the Secretary of Agriculture shall promptly pay to each such trust fund, amounts calculated under procedures described in subsection (b).
(f)

Regulations.—
Except regarding the eligible State described in section 1465(c)(3)(A), the Secretary shall promulgate proposed and final regulations, under the prior public comment provisions of section 553 of title 5, United States Code, setting forth—
(1)
the application procedures for eligible States;
(2)
the factors to be used in approving applicants;
(3)
procedures for the prompt payment of the obligations of the Secretary under subsection (b);
(4)
recordkeeping requirements for approved State trust funds;
(5)
requirements to prevent program abuse and procedures to recover improperly obtained funds;
(6)
rules permitting State trust funds to act as revolving funds or to otherwise accumulate additional capital, based on investments, to be subsequently used to promote the purposes of this chapter; and
(7)
any other rules necessary and appropriate to carry out the program.
(g)

Duration of Program.—
The program established under this chapter shall expire on September 30, 1996, except that any financial obligations of the Secretary shall continue to be met as required by this chapter.
(h)

Eligible Uses for Guaranteed Loan Funds.—
(1)

In general.—
Funds from eligible loans (including proceeds from the sale of bonds or other obligations described in section 1465(c)(2)) guaranteed under this chapter, and any earnings of the State trust funds, may be used—
(A)
to purchase development rights, conservation easements or other types of easements, or to purchase agricultural land in fee simple or some lesser estate in land;
(B)
to pay all reasonable and customary costs including appraisal, survey and engineering fees, and legal expenses;
(C)
to pay the costs of enforcing easements or land use restrictions;
(D)
to cover the costs of complying with any regulations issued by the Secretary under this program and the costs of implementing the farmland plan of operation, except that the guaranteed loan proceeds shall not be used to pay overhead expenses of the State trust fund (rent, utilities, salaries, wages, insurance premiums, and the like); and
(E)
to generate earnings (including through investments not exceeding 10 years in duration for each eligible loan), to be used for future farmland preservation efforts, through investments in direct obligations of the United States or obligations guaranteed by the United States or an agency thereof or by depositing funds in any member bank of the Federal Reserve System or any federally insured State nonmember bank.
(2)

Collateral for loans.—
To the extent consistent with relevant banking laws and practices, the investments or deposits described in paragraph (1)(E) may serve as collateral for loans made to, or on behalf of, the State trust fund.
(i)

State Use of Guaranteed Loan Funds.—
The Secretary may issue regulations or procedures requiring each State trust fund to report to the Secretary regarding the uses of the eligible loans (described in section 1465(c)(2)) guaranteed by the Secretary and the Secretary may monitor the uses of the funds to ensure that the loans are used for purposes related to this chapter. Neither the Secretary or the lending institution shall have the power to require approval of each specific use of the loans guaranteed by the Secretary, the specific terms of each use of the loan funds, or the specific provisions of each purchase or investment made with loans guaranteed by the Secretary. The Secretary may require that each State trust fund provide a State farmland preservation plan of operation to the Secretary setting forth the plans for administering the program in the State and may require each State trust fund to periodically report to the Secretary on the purchases of interests in farmland and on other specific uses of the funds.
(j)

Special Rules for the Pilot Project State.—
Notwithstanding any other provisions of this chapter, the following special rules shall apply to the eligible State described in section 1465(c)(3)(A):
(1)

Provision of loan guarantee and interest assistance agreement.—
Within 30 days of the date any State trust fund in the eligible State receives a commitment for each eligible loan from a lending institution, the Secretary shall provide the lending institution with the loan guarantee and the interest assistance agreement so that the lending institution may disburse the full amount of the loan proceeds to the State trust fund on the date of loan closing to carry out this program. After the loan closing, the lending institution shall have no obligation to monitor or approve the use of loan proceeds by the State trust fund.
(2)

Approval of application.—
The Secretary shall annually approve the completed application from the eligible State within 30 days after receipt if the application sets forth the general goals and policies of the State trust fund. The Secretary shall provide the Federal assistance required under this chapter beginning on the date the application or plan is approved.
(3)

Amount of guarantees.—
The Secretary shall calculate the total amount of guarantees to be provided for fiscal year 1992 in an amount equal to double the sum of—
(A)
the amount that was made available in fiscal year 1991 to the State trust fund (the Vermont Conservation and Housing Board regardless of whether the fund had been approved by the Secretary in fiscal year 1991), by the State described in section 1465(c)(3)(A), political subdivisions thereof, charitable organizations, private persons, or any other entity, in addition to the proceeds from the sale of obligations of the State related to the purposes of the State trust fund and the fair market value of donations of interests in land to the State trust fund; and
(B)
the matching contribution calculated under section 1468(c) for fiscal year 1992 for the State.
(k)

Miscellaneous Provisions.—
(1)

Operation.—
Each State trust fund may operate through nonprofit corporations, municipalities, or other political subdivisions of States in carrying out the purposes of the program established in this chapter.
(2)

Earnings.—
Earnings on funds of each State trust fund may be used for any purposes related to carrying out the operations of the trust fund in a manner not inconsistent with the requirements of this chapter or the farmland preservation plan.
SEC. 1467.
[7 U.S.C. 4201 note]

FEDERAL ACCOUNTS AND COMPLIANCE.
(a)

Accounts.—
To carry out the purposes of this chapter, the Secretary may establish in the Treasury of the United States an account, to be known as the “Agricultural Resource Conservation Revolving Fund” (hereafter referred to in this chapter as the “Fund”), for the use by the Secretary to meet the obligations of the Secretary under this chapter.
(b)

Compliance.—
If the Secretary determines that any State trust fund is failing to comply, to a significant degree, with any requirements of this chapter, the Secretary shall report the failure to the Committee on Agriculture of the House of Representatives and to the Committee on Agriculture, Nutrition, and Forestry of the Senate, shall fully investigate the matter, may decline to provide additional Federal guarantees or interest subsidies to the State trust fund, and shall take other steps as may be appropriate to prevent the use of Federal assistance in a manner not consistent with this chapter.
SEC. 1468.
[7 U.S.C. 4201 note]

APPLICATIONS AND ADMINISTRATION.
(a)

Applications.—
In applying for assistance under this chapter an eligible State described in section 1465(c)(3)(B) shall—
(1)
prepare and submit, to the Secretary, an application at such time, in such manner, and containing such information as the Secretary shall require;
(2)
agree that the State trust fund will use any funds provided, or guaranteed, by the Secretary under this chapter in a manner that is consistent with the chapter and the regulations promulgated by the Secretary; and
(3)
agree to comply with any other requirements set forth in agreements with the Secretary or as the Secretary may prescribe by regulation.
(b)

Annual Applications.—
Eligible States described in section 1465(c)(3)(B) may apply for Federal assistance under this chapter on an annual basis. The Secretary shall approve or disapprove each application for assistance, and notify the applicant of the action not later than 30 days after receipt of a complete application.
(c)

Match and Maximum Amount.—
(1)

In general.—
The total amount of any guarantees provided by the Secretary under this program for each eligible State shall equal an amount that is equal to double the amount that is, or shall be, made available to the trust fund (including matching funds described in paragraphs (2) through (4)) in each such eligible State by the State, political subdivisions thereof, charitable organizations, private persons, or any other entity, for acquiring interests in land to protect and preserve important farmlands for future agricultural use but in no event shall the total Federal share exceed $10,000,000 in any fiscal year for any given State.
(2)

Earnings.—
Earnings of the State trust fund and funds expended by the State or the State trust fund prior to loan closing for purposes consistent with this chapter, and in the same fiscal year, may be considered as matching funds.
(3)

Obligations.—
Proceeds from the sale of tax-exempt general obligation bonds, or other obligations, of the State or State trust fund shall be an allowable source of matching funds under this chapter for the same fiscal year.
(4)

Land.—
The fair market value of any donation of an interest in land to the State trust fund, or a charitable organization working with the State trust fund, may be considered as matching funds, for the same fiscal year, if—
(i)2
the fair market value is based on an appraisal determined to be adequate by the State trust fund; and
^2
So in law. Probably should be (A).
(ii)3
the donation is consistent with the State farmland preservation plan,
^3
So in law. Probably should be (B).
except that the value of land donated to charitable organizations by the State trust fund shall not be included as part of the match.
(d)

Clarification of Federal Law.—
Sellers of land, or of interests in land, to any State trust fund are not, and shall not be considered by the Secretary as, recipients or beneficiaries of Federal assistance.
SEC. 1469.
[7 U.S.C. 4201 note]

REPORT.
Not later than September 30, 1992, and annually thereafter, the Secretary of Agriculture 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 concerning the operation of the program established under this chapter.
SEC. 1470.
[7 U.S.C. 4201 note]

IMPLEMENTATION AND EFFECTIVE DATE.
(a)

In General.—
This chapter shall become effective on October 1, 1990. Not later than December 30, 1990, the Secretary shall enter into an agreement with the State of Vermont to provide Federal assistance under this chapter to the State.
(b)

Regulations.—
Not later than December 31, 1991, the Secretary of Agriculture shall publish in the Federal Register interim final regulations to implement this chapter. The regulations shall not require each State's program to give a priority to the acquisition of land, or interests in land, that is subject to significant urban pressure.
SEC. 1470A.
[7 U.S.C. 4201 note]

COMPTROLLER GENERAL REPORTS.
On February 15 of 1992, and on December 1 of each of the years 1992 through 1996, the Comptroller General of the United States shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, on whether the Secretary of Agriculture is complying with the requirements of this chapter. The report shall include information concerning loans guaranteed under this chapter and the steps the Secretary of Agriculture has taken to comply with this chapter.
SEC. 1470B.
[7 U.S.C. 4201 note]

SPECIAL RULES FOR ISSUANCE OF STOCK FOR 1992.
The Secretary shall issue the stock required to be issued to the Secretary of Treasury under this chapter with respect to the eligible State described in section 1465(c)(3)(A), for fiscal year 1992, on or before December 20, 1991.
Subtitle F—

Administration of Environmental Programs
SEC. 1471.
[7 U.S.C. 5401]

ESTABLISHMENT OF THE AGRICULTURAL COUNCIL ON ENVIRONMENTAL QUALITY.
(a)

Establishment.—
The Secretary shall establish an Agricultural Council on Environmental Quality in the Department of Agriculture (hereafter in this subtitle referred to as the “Council”). The Council shall be under the direct authority of the Secretary, and shall be responsible for carrying out the provisions of this subtitle, and for coordination and direction of all environmental policies and programs of the Department.
(b)

Membership.—
Membership of the Council shall consist of the Secretary, the Deputy Secretary, the Assistant Secretary for Natural Resources and Environment, the Assistant Secretary for Science and Education, other under and assistant secretaries as may be designated by the Secretary, and the Director of the Office of Agricultural Environmental Quality, established in section 1472, who shall serve as the Executive Director of the Council. The Secretary shall designate a member of the Council, other than the Executive Director, as chair of the Council.
SEC. 1472.
[7 U.S.C. 5402]

OFFICE OF AGRICULTURAL ENVIRONMENTAL QUALITY.
(a)

Establishment.—
The Secretary shall establish an Office of Agricultural Environmental Quality in the Department of Agriculture (hereafter in this subtitle referred to as the “Office”).
(b)

Director.—
The Office shall be administered by a director who shall be appointed by the Secretary. The Director shall be an individual who has demonstrated technical expertise and experience in agricultural and environmental matters.
(c)

Staff.—
(1)

Appointments.—
The Director may appoint such employees as may be necessary to assist the Director in carrying out this section. Such employees shall include individuals who have professional expertise in matters related to environmental quality, including (but not limited to) agricultural production, water quality, wetland, wildlife conservation, soil conservation, and agricultural chemical usage.
(2)

Liaisons.—
The Administrator of the Environmental Protection Agency and the Secretary of the Interior shall detail to the Office upon request of the Secretary, on a reimbursable basis, at least one employee, respectively, with expertise in matters related to agriculture and environmental quality. Such detailed employees shall serve as a liaison for their respective agencies with the Department of Agriculture to assist the Director in carrying out the provisions of this section. The term of the detail shall not exceed 3 years.
(3)

Additional staff.—
Upon request of the Secretary, the head of any Federal agency is authorized to detail, on a reimbursable basis, employees of such agency to the Office to assist the Director.
(d)

Duties of the Director.—
(1)

In general.—
The Director shall assist the Council in developing a departmental and agency-specific environmental quality policy statement and implementation plan and an annual agricultural environmental quality report, as specified in section 1473. The Director shall coordinate and monitor the activities of the Department regarding initiatives and programs related to environmental quality and the interpretation of departmental policies affecting environmental quality. The Director shall serve as a member of the Council and as its Executive Director.
(2)

Additional duties.—
The Director shall also be responsible for—
(A)
recommending to the Council environmental protection goals and specific programs, initiatives, and policies that will balance the needs of production agriculture with environmental concerns;
(B)
providing advice to the Council on the development, implementation, and review of activities of agencies of the Department to ensure consistency with the Department's environmental protection goals;
(C)
coordinating environmental policy within the Department through the program managers, and between the Department and other Federal agencies, regional authorities, State and local governments, land-grant and other colleges and universities, and nonprofit and commercial organizations, regarding programs and actions relating to environmental quality;
(D)
serving as a coordinator for the Department's data, information, programs, and initiatives dealing with environmental quality;
(E)
developing the plans and reports required as specified by this subtitle; and
(F)
providing such staff as may be necessary to support the activities of the Council.
SEC. 1473.
[7 U.S.C. 5403]

ENVIRONMENTAL QUALITY POLICY STATEMENT.
(a)

Environmental Quality Policy Statement, Implementation Plan, and Annual Report.—
(1)

Policy statement.—
The Council shall develop an Environmental Quality Policy Statement that identifies goals and objectives for addressing the effects of agriculture on environmental quality. The policy statement shall be based upon an assessment, in accordance with paragraph (2), of the current status and level of effort, in terms of staff and funding, of programs at the Department of Agriculture to evaluate, prevent, and mitigate environmental problems that may result from agricultural production. The policy statement shall be revised at least every 5 years.
(2)

Assessment.—
The assessment under paragraph (1) shall include:
(A)
Detailed descriptions of the roles of the involved Departmental agencies.
(B)
A description of current efforts to coordinate the individual activities of each of the involved departmental agencies.
(C)
Recommendations for precluding any undesirable duplication of efforts within the Department and among the Department and other Federal and State programs.
(D)
Specific recommendations for new initiatives in monitoring, research, extension, and technical assistance efforts to address present and potential environmental quality problems.
The assessment may incorporate existing documents and planning processes within the Department.
(b)

Implementation Plan.—
The Director, subject to the approval of the Council, shall prepare a plan to implement the Environmental Quality Policy Statement. The plan shall include an assessment of the activities of each departmental agency to mitigate or reduce any negative effects on environmental quality of agricultural policies, programs, and practices under their respective jurisdictions and shall describe in detail new departmental and agency-specific initiatives intended to achieve the goals and objectives of the policy statement. The plan shall be revised at least every 5 years.
(c)

Annual Environmental Quality Report.—
Not later than January 31, 1992, and annually thereafter, the Council, through the Director, shall prepare and submit an annual report to the Congress, other appropriate Federal and State agencies, and the public on the progress being made toward the goals and objectives established in the Environmental Quality Policy Statement. The report shall also include—
(1)
a review of the environmental activities and initiatives of the Department during the preceding year;
(2)
specific action taken to coordinate the environmental programs of the Department with programs of other Federal agencies and related State programs; and
(3)
such recommendations as the Secretary considers appropriate regarding current or additional environmental protection programs, initiatives, or policies that will balance the needs of production agriculture while addressing environmental concerns.
(d)

Authorization of Appropriations.—
There are hereby authorized to be appropriated annually not to exceed $2,000,000 to carry out this subtitle.
* * * * * * *
TITLE XV—

AGRICULTURAL TRADE
* * * * * * *
SEC. 1542.
[7 U.S.C. 5622 note]

PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING MARKETS.
(a)

Funding.—
The Commodity Credit Corporation shall make available for fiscal years 1996 through 2023 not less than $1,000,000,000 of direct credits or export credit guarantees for exports to emerging markets under section 201 or 202 of the Agricultural Trade Act of 1978 (7 U.S.C. 5621 and 5622), in addition to the amounts acquired or authorized under section 211 of the Act (7 U.S.C. 5641) for the program.
(b)

Facilities and Services.—
(1)

In general.—
A portion of such export credit guarantees shall be made available for—
(A)
the establishment or improvement of facilities, or
(B)
the provision of services or United States products goods,
in emerging markets by United States persons to improve handling, marketing, processing, storage, or distribution of imported agricultural commodities and products thereof if the Secretary of Agriculture determines that such guarantees will primarily promote the export of United States agricultural commodities (as defined in section 102(7) of the Agricultural Trade Act of 1978).
(2)

Priority.—
The Commodity Credit Corporation shall give priority under this subsection to—
(A)
projects that encourage the privatization of the agricultural sector or that benefit private farms or cooperatives in emerging markets; and
(B)
projects for which nongovernmental persons agree to assume a relatively larger share of the costs.
(3)

Construction waiver.—
The Secretary may waive any applicable requirements relating to the use of United States goods in the construction of a proposed facility, if the Secretary determines that—
(A)
goods from the United States are not available; or
(B)
the use of goods from the United States is not practicable.
(4)

Term of guarantee.—
A facility payment guarantee under this subsection shall be for a term that is not more than the lesser of—
(A)
the term of the depreciation schedule of the facility assisted; or
(B)
20 years.
(c)

Consultations.—
Before the authority under this section is exercised, the Secretary of Agriculture shall consult with exporters of United States agricultural commodities (as defined in section 102(7) of the Agricultural Trade Act of 1978), nongovernmental experts, and other Federal Government agencies in order to ensure that facilities in an emerging market for which financing is guaranteed under paragraph (1)(B) do not primarily benefit countries which are in close geographic proximity to that emerging democracy.
(d)

Foreign Debt Burdens.—
In carrying out the program described in subsection (a), the Secretary of Agriculture shall ensure that the credits for which repayment is guaranteed under subsection (a) do not negatively affect the political and economic situation in emerging markets by excessively adding to the foreign debt burdens of such countries.
(e)

Emerging Market.—
In this section and section 1543, the term “emerging market” means any country, foreign territory, customs union, or other economic market that the Secretary determines—
(1)
is taking steps toward a market-oriented economy through the food, agriculture, or rural business sectors of its economy; and
(2)
has the potential to provide a viable and significant market for United States agricultural commodities or products of United States agricultural commodities.
SEC. 1543.
[7 U.S.C. 3293]

AGRICULTURAL FELLOWSHIP PROGRAM FOR MIDDLE INCOME COUNTRIES, EMERGING DEMOCRACIES, AND EMERGING MARKETS.
(a)

Establishment.—
The Secretary of Agriculture shall establish a fellowship program, to be known as the “Cochran Fellowship Program”, to provide fellowships to individuals from eligible countries (as determined under subsection (b)) who specialize in agriculture for study—
(1)
in the United States; or
(2)
at a college or university located in an eligible country that the Secretary determines—
(A)
has sufficient scientific and technical facilities;
(B)
has established a partnership with at least one college or university in the United States; and
(C)
has substantial participation by faculty members of the United States college or university in the design of the fellowship curriculum and classroom instruction under the fellowship.
(b)

Eligible Countries.—
Countries described in any of the following paragraphs shall be eligible to participate in the program established under this section:
(1)

Middle-income country.—
A country that has developed economically to the point where it no longer qualifies for bilateral foreign aid assistance from the United States because its per capita income level exceeds the eligibility requirements of such assistance programs (hereafter referred to in this section as a “middle-income” country).
(2)

Ongoing relationship.—
A middle-income country that has never qualified for bilateral foreign aid assistance from the United States, but with respect to which an ongoing relationship with the United States, including technical assistance and training, would provide mutual benefits to such country and the United States.
(3)

Type of government.—
A country that has recently begun the transformation of its system of government from a non-representative type of government to a representative democracy and that is encouraging democratic institution building, and the cultural values, institutions, and organizations of democratic pluralism.
(4)

Independent states of the former soviet union.—
A country that is an independent state of the former Soviet Union (as defined in section 102(8) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(8)), to the extent that the Secretary of Agriculture determines that such country should be eligible to participate in the program established under this section.
(5)

Emerging market.—
Any emerging market, as defined in section 1542(e).
(c)

Purpose of the Fellowships.—
Fellowships under this section shall be provided to permit the recipients to gain knowledge and skills that will—
(1)
assist eligible countries to develop agricultural systems (which may include agricultural extension services) necessary to meet the food and fiber needs of their domestic populations; and
(2)
strengthen and enhance—
(A)
trade linkages between eligible countries and agricultural interests in the United States; or
(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.
(d)

Individuals Who May Receive Fellowships.—
The Secretary shall utilize the expertise of United States agricultural counselors, trade officers, and commodity trade promotion groups working in participating countries to help identify program candidates for fellowships under this section from both the public and private sectors of those countries. The Secretary may provide fellowships under the program authorized by this section to private agricultural producers from eligible countries.
(e)

Program Implementation.—
The Secretary shall consult with other United States Government agencies, United States universities, and the private agribusiness sector, as appropriate, to design and administer training programs to accomplish the objectives of the Program established under this section.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated without fiscal year limitation such sums as may be necessary to carry out the program established under this section, except that the amount of such funds in any fiscal year shall not exceed—
(1)
for eligible countries that meet the requirements of subsection (b)(1), $4,000,000;
(2)
for eligible countries that meet the requirements of subsection (b)(2), $3,000,000; and
(3)
for eligible countries that meet the requirements of subsection (b)(3), $6,000,000.
(g)

Complementary Funds.—
If the Secretary of Agriculture determines that it is advisable in furtherance of the purposes of the program established under this section, the Secretary may accept money, funds, property, and services of every kind by gift, devise, bequest, grant, or otherwise, and may, in any manner, dispose of all such holdings and use the receipts generated from such disposition as general program funds under this section. All funds so designated for the program established under this section shall remain available until expended.
SEC. 1543A.
[7 U.S.C. 5679]

BIOTECHNOLOGY AND AGRICULTURAL TRADE PROGRAM.
(a)

Establishment.—
There is established in the Department the biotechnology and agricultural trade program.
(b)

Purpose.—
The purpose of the program shall be to remove, resolve, or mitigate significant regulatory nontariff barriers to the export of United States agricultural commodities (as defined in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602)) into foreign markets through public and private sector projects funded by grants that address—
(1)
quick response intervention regarding nontariff barriers to United States exports involving—
(A)
United States agricultural commodities produced through biotechnology or new agricultural production technologies;
(B)
food safety;
(C)
disease; or
(D)
other sanitary or phytosanitary concerns; or
(2)
developing protocols as part of bilateral negotiations with other countries on issues such as animal health, grain quality, and genetically modified commodities.
(c)

Eligible Programs.—
Depending on need, as determined by the Secretary, activities authorized under this section may be carried out through—
(1)
this section;
(2)
the emerging markets program under section 1542 and section 203(d) of the Agricultural Trade Act of 1978; or
(3)
the Cochran Fellowship Program under section 1543.
(d)

Funding.—
There is authorized to be appropriated $2,000,000 for each of fiscal years 2019 through 2023.
SEC. 1543B.
[7 U.S.C. 1736dd]

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. * * * * * * *
TITLE XVI—

RESEARCH
Subtitle A—

Extensions and Changes to Existing Programs
[Note: Subtitle A is omitted]
Subtitle B—

Sustainable Agriculture Research and Education
SEC. 1619.
[7 U.S.C. 5801]

PURPOSE AND DEFINITIONS.
(a)

Purpose.—
It is the purpose of this subtitle to encourage research designed to increase our knowledge concerning agricultural production systems that—
(1)
maintain and enhance the quality and productivity of the soil;
(2)
conserve soil, water, energy, natural resources, and fish and wildlife habitat;
(3)
maintain and enhance the quality of surface and ground water;
(4)
protect the health and safety of persons involved in the food and farm system;
(5)
promote the well being of animals; and
(6)
increase employment opportunities in agriculture.
(b)

Definitions.—
For purposes of this subtitle:
(1)
The term “sustainable agriculture” shall have the same meaning given to that term by section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(2)
The term “integrated crop management” means an agricultural management system that integrates all controllable agricultural production factors for long-term sustained productivity, profitability, and ecological soundness.
(3)
The term “integrated resource management” means livestock management which utilizes an interdisciplinary systems approach which integrates all controllable agricultural production practices to provide long-term sustained productivity and profitable production of safe and wholesome food in an environmentally sound manner.
(4)
The term “agribusiness” includes a producer or organization engaged in an agricultural enterprise with a profit motive.
(5)
The term “extension” shall have the same meaning given to that term by section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(6)
The term “Secretary” means the Secretary of Agriculture.
(7)
The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or federally recognized Indian tribes.
(8)
The term “State agricultural experiment stations” shall have the same meaning given to that term by section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103).
(9)
The term “nonprofit organization” means an organization, group, institute, or institution that—
(A)
has a demonstrated capacity to conduct agricultural research or education programs;
(B)
has experience in research, demonstration, education, or extension in sustainable agricultural practices and systems; and
(C)
qualifies as a nonprofit organization under section 501(c) of the Internal Revenue Code of 1986.
SEC. 1620.

REPEAL OF AGRICULTURAL PRODUCTIVITY RESEARCH.
(a)

Repeal.—
Subtitle C (sections 1461 through 1471) of the National Agricultural Research, Extension, and Teaching Policy Act Amendments of 1985 (7 U.S.C. 4701–4710) is repealed.
(b)

Clerical Amendment.—
The table of contents at the beginning of the Food Security Act of 1985 (Public Law 99–198; 99 Stat. 1354) is amended by striking the items relating to subtitle C of title XIV.
CHAPTER 1—

BEST UTILIZATION OF BIOLOGICAL APPLICATIONS
SEC. 1621.
[7 U.S.C. 5811]

RESEARCH AND EXTENSION PROJECTS.
(a)

Projects Required.—
The Secretary shall conduct research and extension projects to obtain data, develop conclusions, demonstrate technologies, and conduct educational programs that promote the purposes of this chapter, including research and extension projects that—
(1)
facilitate and increase scientific investigation and education in order to—
(A)
reduce, to the extent feasible and practicable, the use of chemical pesticides, fertilizers, and toxic natural materials in agricultural production;
(B)
improve low-input farm management to enhance agricultural productivity, profitability, and competitiveness; and
(C)
promote crop, livestock, and enterprise diversification; and
(2)
facilitate the conduct of projects in order to—
(A)
study, to the extent practicable, agricultural production systems that are located in areas that possess various soil, climate, and physical characteristics;
(B)
study farms that have been, and will continue to be, managed using farm production practices that rely on low-input and conservation practices;
(C)
take advantage of the experience and expertise of farmers and ranchers through their direct participation and leadership in projects;
(D)
transfer practical, reliable and timely information to farmers and ranchers concerning low-input sustainable farming practices and systems; and
(E)
promote a partnership between farmers, nonprofit organizations, agribusiness, and public and private research and extension institutions.
(b)

Agreements.—
The Secretary shall carry out this section through agreements entered into with land-grant colleges or universities, other universities, State agricultural experiment stations, the State cooperative extension services, nonprofit organizations with demonstrable expertise, or Federal or State governmental entities.
(c)

Selection of Projects.—
(1)

In general.—
The Secretary shall select research and extension projects to be conducted under this section on the basis of—
(A)
the relevance of the project to the purposes of this chapter;
(B)
the appropriateness of the design of the project;
(C)
the likelihood of obtaining the objectives of the project; and
(D)
the national or regional applicability of the findings and outcomes of the proposed project.
(2)

Priority.—
In conducting projects under this section, the Secretary shall give priority to projects that—
(A)
closely coordinate research and extension activities;
(B)
indicate the manner in which the findings of the project will be made readily usable by farmers;
(C)
maximize the involvement and cooperation of farmers, including projects involving on-farm research and demonstration;
(D)
involve a multidisciplinary systems approach; and
(E)
involve cooperation between farms, non-profit organizations, colleges and universities, and government agencies.
(d)

Diversification of Research.—
The Secretary shall conduct projects and studies under this section in areas that are broadly representative of the diversity of United States agricultural production, including production on family farms, mixed-crop livestock farms and dairy operations.
(e)

On-Farm Research.—
The Secretary may conduct projects and activities that involve on-farm research and demonstration in carrying out this section.
(f)

Impact Studies.—
The Secretary may approve study projects concerning the national and regional economic, global competitiveness, social and environmental implications of the adoption of low-input sustainable agricultural practices and systems.
(g)

Project Duration.—
(1)

In general.—
The Secretary may approve projects to be conducted under this section that have a duration of more than one fiscal year.
(2)

Sequence planting.—
In the case of a research project conducted under this section that involves the planting of a sequence of crops or crop rotations, the Secretary shall approve such projects for a term that is appropriate to the sequence or rotation being studied.
(h)

Public Access.—
The Secretary shall ensure that research projects conducted under this section are open for public observation at specified times.
(i)

Indemnification.—
(1)

In general.—
Subject to paragraph (2), the Secretary may indemnify the operator of a project conducted under this section for damage incurred or undue losses sustained as a result of a rigid requirement of research or demonstration under such project that is not experienced in normal farming operations.
(2)

Subject to agreement.—
An indemnity payment under paragraph (1) shall be subject to any agreement between a project grantee and operator entered into prior to the initiation of such project.
SEC. 1622.
[7 U.S.C. 5812]

PROGRAM ADMINISTRATION.
(a)

Duties of Secretary.—
The Secretary shall—
(1)
administer the programs and projects conducted under sections 1621 and 1623 through the National Institute of Food and Agriculture, Agricultural Research Service, and other appropriate agencies;
(2)
establish a minimum of four Regional Administrative Councils in accordance with subsection (b); and
(3)
in conjunction with such Regional Administrative Councils, identify regional host institutions required to carry out such programs or projects.
(b)

Regional Administrative Councils.—
(1)

Membership.—
The membership of the Regional Administrative Councils shall include representatives of—
(A)
the Agricultural Research Service;
(B)
the National Institute of Food and Agriculture;
(C)
State cooperative extension services;
(D)
State agricultural experiment stations;
(E)
the Soil Conservation Service;
(F)
State departments engaged in sustainable agriculture programs;
(G)
nonprofit organizations with demonstrable expertise;
(H)
farmers utilizing systems and practices of sustainable agriculture;
(I)
agribusiness;
(J)
the State or United States Geological Survey; and
(K)
other persons knowledgeable about sustainable agriculture and its impact on the environment and rural communities.
(2)

Responsibilities.—
The Regional Administrative Councils shall—
(A)
promote the programs established under this subtitle at the regional level;
(B)
establish goals and criteria for the selection of projects authorized under this subtitle within the applicable region;
(C)
appoint a technical committee to evaluate the proposals for projects to be considered under this subtitle by such council;
(D)
review and act on the recommendations of the technical committee, and coordinate its activities with the regional host institution; and
(E)
prepare and make available an annual report concerning projects funded under sections 1621 and 1623, together with an evaluation of the project activity.
(3)

Conflict of interest.—
A member of the Regional Administrative Council or a technical committee may not participate in the discussion or recommendation of proposed projects if the member has or had a professional or business interest in, including the provision of consultancy services, the organization whose grant application is under review.
SEC. 1623.
[7 U.S.C. 5813]

FEDERAL-STATE MATCHING GRANT PROGRAM.
(a)

Establishment.—
The Secretary shall establish a Federal-State matching grant program to make grants to States to assist in the creation or enhancement of State sustainable agriculture research, extension, and education programs, in furtherance of this subtitle.
(b)

Eligible Programs and Activities.—
States eligible to receive a grant under this section may conduct a variety of activities designed to carry out the purpose of this subtitle, including—
(1)
activities that encourage the incorporation and integration of sustainable agriculture concerns in all State research, extension, and education projects;
(2)
educational programs for farmers, educators, and the public;
(3)
the development and funding of innovative research, extension, and education programs regarding sustainable agriculture;
(4)
the conduct of research and demonstration projects;
(5)
the provision of technical assistance to farmers and ranchers;
(6)
activities that encourage farmer-to-farmer information exchanges;
(7)
the incorporation of sustainable agriculture studies in undergraduate and graduate degree programs; and
(8)
such other activities that are appropriate to the agricultural concerns of the State that are consistent with the purpose of this chapter.
(c)

Submission of Plan.—
(1)

Required.—
States that elect to apply for a grant under this section shall prepare and submit, to the appropriate Regional Administrative Council established under section 1622, a State plan and schedule for approval by such council and the Secretary.
(2)

Elements of plan.—
State plans prepared under paragraph (1) shall provide details of the proposed program to be implemented using funds provided under this section for fiscal years 1991 through 1995, or any 5-year period thereafter, and shall identify the sources of matching State funds for the same fiscal year.
(3)

Participation of farmers.—
To be eligible for approval, State plans submitted under this subsection shall demonstrate that there will be extensive and direct participation of farmers in the development, implementation, and evaluation of the program.
(d)

Grant Award.—
(1)

Limits.—
Subject to paragraph (2), the Secretary shall provide grants to eligible States in an amount not to exceed 50 percent of the cost of the establishment or enhancement of a State sustainable agriculture program under a plan approved by the Secretary under subsection (c) for a period not to exceed 5 years.
(2)

State contribution.—
To be eligible to receive a grant under this section, a State shall agree to pay, from State appropriated funds, other State revenue, or from private contributions received by the State, not less than 50 percent of the cost of the establishment or enhancement of the sustainable agriculture program under an approved plan under subsection (c).
SEC. 1624.
[7 U.S.C. 5814]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this chapter $40,000,000 for each of fiscal years 2013 through 2023. Of amounts appropriated to carry out this chapter for a fiscal year, not less than $15,000,000, or not less than two thirds of any such appropriation, whichever is greater, shall be used to carry out sections 1621 and 1622.
CHAPTER 2—

INTEGRATED MANAGEMENT SYSTEMS
SEC. 1627.
[7 U.S.C. 5821]

INTEGRATED MANAGEMENT SYSTEMS.
(a)

Establishment.—
The Secretary shall establish a research and education program concerning integrated resource management and integrated crop management in order to enhance research related to farming operations, practices, and systems that optimize crop and livestock production potential and are environmentally sound. The purpose of the program shall be—
(1)
to encourage producers to adopt integrated crop and livestock management practices and systems that minimize or abate adverse environmental impacts, reduce soil erosion and loss of water and nutrients, enhance the efficient use of on-farm and off-farm inputs, and maintain or increase profitability and long-term productivity;
(2)
to develop knowledge and information on integrated crop and livestock management systems and practices to assist agricultural producers in the adoption of these systems and practices;
(3)
to accumulate and analyze information on agricultural production practices researched or developed under programs established under this subtitle, subtitle G of title XIV, and section 1650 and other appropriate programs of the Department of Agriculture to further the development of integrated crop and livestock management systems;
(4)
to facilitate the adoption of whole-farm integrated crop and livestock management systems through demonstration projects on individual farms, including small and limited resource farms, throughout the United States; and
(5)
to evaluate and recommend appropriate integrated crop and livestock management policies and programs.
(b)

Development and Adoption of Integrated Crop Management Practices.—
The Secretary shall encourage agricultural producers to adopt and develop individual, site-specific integrated crop management practices. On a priority basis, the Secretary shall develop and disseminate information on integrated crop management systems for agricultural producers in specific localities or crop producing regions where the Secretary determines—
(1)
water quality is impaired as a result of local or regional agricultural production practices; or
(2)
the adoption of such practices may aid in the recovery of endangered or threatened species.
(c)

Development and Adoption of Integrated Resource Management Practices.—
The Secretary shall, on a priority basis, develop programs to encourage livestock producers to develop and adopt individual, site-specific integrated resource management practices. These programs shall be designed to benefit producers and consumers through—
(1)
optimum use of available resources and improved production and financial efficiency for producers;
(2)
identifying and prioritizing the research and educational needs of the livestock industry relating to production and financial efficiency, competitiveness, environmental stability, and food safety; and
(3)
utilizing an interdisciplinary approach.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2013 through 2023.
CHAPTER 3—

SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND TRANSFER PROGRAM
SEC. 1628.
[7 U.S.C. 5831]

TECHNICAL GUIDES AND HANDBOOKS.
(a)

Development.—
Not later than two years after the date of the enactment of this Act, the Secretary shall develop and make available handbooks and technical guides, and any other educational materials that are appropriate for describing sustainable agriculture production systems and practices, as researched and developed under this subtitle, subtitle G of title XIV, section 1650, and other appropriate research programs of the Department.
(b)

Consultation and Coordination.—
The Secretary shall develop the handbooks, technical guides, and educational materials in consultation with the Natural Resources Conservation Service and any other appropriate entities designated by the Secretary. The Secretary shall coordinate activities conducted under this section with those conducted under section 1261 of the Food Security Act of 1985, as added by section 1446.
(c)

Topics of Handbooks and Guides.—
The handbooks and guides, and other educational materials, shall include detailed information on the selection of crops and crop-plant varieties, rotation practices, soil building practices, tillage systems, nutrient management, integrated pest management practices, habitat protection, pest, weed, and disease management, livestock management, soil, water, and energy conservation, and any other practices in accordance with or in furtherance of the purpose of this subtitle.
(d)

Organization and Contents.—
The handbooks and guides, and other educational materials, shall provide practical instructions and be organized in such a manner as to enable agricultural producers desiring to implement the practices and systems developed under this subtitle, subtitle G of title XIV, section 1650, and other appropriate research programs of the Department to address site-specific, environmental and resource management problems and to sustain farm profitability, including—
(1)
enhancing and maintaining the fertility, productivity, and conservation of farmland and ranch soils, ranges, pastures, and wildlife;
(2)
maximizing the efficient and effective use of agricultural inputs;
(3)
protecting or enhancing the quality of water resources; or
(4)
optimizing the use of on-farm and nonrenewable resources.
(e)

Availability.—
The Secretary shall ensure that handbooks and technical guides, and other educational materials are made available to the agricultural community and the public through colleges and universities, the State Cooperative Extension Service, the Soil Conservation Service, other State and Federal agencies, and any other appropriate entities.
(f)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section—
(1)
such sums as are necessary for fiscal year 2013; and
(2)
$5,000,000 for each of fiscal years 2014 through 2023.
SEC. 1629.
[7 U.S.C. 5832]

NATIONAL TRAINING PROGRAM.
(a)

In General.—
The Secretary shall establish a National Training Program in Sustainable Agriculture to provide education and training for Cooperative Extension Service agents and other professionals involved in the education and transfer of technical information concerning sustainable agriculture in order to develop their understanding, competence, and ability to teach and communicate the concepts of sustainable agriculture to Cooperative Extension Service agents and to farmers and urban residents who need information on sustainable agriculture.
(b)

Administration.—
The National Training Program shall be organized and administered by the National Institute of Food and Agriculture, in coordination with other appropriate Federal agencies. The Secretary shall designate an individual from the Cooperative Extension Service in each State to coordinate the National Training Program within that State. The coordinators shall be responsible, in cooperation with appropriate Federal and State agencies, for developing and implementing a statewide training program for appropriate field office personnel.
(c)

Required Training.—
(1)

Agricultural agents.—
The Secretary shall ensure that all agricultural agents of the Cooperative Extension Service have completed the National Training Program not later than the end of the five-year period beginning on the date of enactment of this Act. Such training may occur at a college or university located within each State as designated by the coordinator designated under this section.
(2)

Proof of training.—
Beginning three years after the date of enactment of this Act, the Secretary shall ensure that all new Cooperative Extension Service agents employed by such Service are able to demonstrate, not later than 18 months after the employment of such agents, that such agents have completed the training program established in subsection (a).
(d)

Regional Training Centers.—
(1)

Designation.—
The Secretary shall designate not less than two regional training centers to coordinate and administer educational activities in sustainable agriculture as provided for in this section.
(2)

Training program.—
Such centers shall offer intensive instructional programs involving classroom and field training work for extension specialists and other individuals who are required to transmit technical information.
(3)

Prohibition on construction.—
Such centers shall be located at existing facilities, and no funds appropriated to carry out this chapter shall be used for facility construction.
(4)

Administration.—
Such centers should be administered by entities that have a demonstrated capability relating to sustainable agriculture. The Secretary should consider utilizing existing entities with expertise in sustainable agriculture to assist in the design and implementation of the training program under paragraph (2).
(5)

Coordination of resources.—
Such centers shall make use of information generated by the Department of Agriculture and the State agricultural experiment stations, and the practical experience of farmers, especially those cooperating in on-farm demonstrations and research projects, in carrying out the functions of such centers.
(e)

Competitive Grants.—
(1)

In General.—
The Secretary shall establish a competitive grants program to award grants to organizations, including land-grant colleges and universities, to carry out sustainable agricultural training for county agents and other individuals that need basic information concerning sustainable agriculture practices.
(2)

Short courses.—
The purpose of the grants made available under paragraph (1) shall be to establish, in various regions in the United States, training programs that consist of workshops and short courses designed to familiarize participants with the concepts and importance of sustainable agriculture.
(f)

Regional Specialists.—
To assist county agents and farmers implement production practices developed under this subtitle, subtitle G of title XIV, and other appropriate research programs of the Department, regional sustainable agriculture specialists may be designated within each State who shall report to the State coordinator of that State. The specialists shall be responsible for developing and coordinating local dissemination of sustainable agriculture information in a manner that is useful to farmers in the region.
(g)

Information Availability.—
The Cooperative Extension Service within each State shall transfer information developed under this subtitle, subtitle G of title XIV, and other appropriate research programs of the Department through a program that shall—
(1)
assist in developing farmer-to-farmer information exchange networks to enable farmers making transitions to more sustainable farming systems to share ideas and draw on the experiences of other farmers;
(2)
help coordinate and publicize a regular series of sustainable agriculture farm tours and field days within each State;
(3)
plan for extension programming, including extensive farmer input and feedback, in the design of new and ongoing research endeavors related to sustainable agriculture;
(4)
provide technical assistance to individual farmers in the design and implementation of farm management plans and strategies for making a transition to more sustainable agricultural systems;
(5)
consult and work closely with the Soil Conservation Service and the Agricultural Stabilization and Conservation Service in carrying out the information, technical assistance, and related programs;
(6)
develop, coordinate, and direct special education and outreach programs in areas highly susceptible to groundwater contamination, linking sustainable agriculture information with water quality improvement information;
(7)
develop information sources relating to crop diversification, alternative crops, on-farm food or commodity processing, and on-farm energy generation;
(8)
establish a well-water testing program designed to provide those persons dependent upon underground drinking water supplies with an understanding of the need for regular water testing, information on sources of testing, and an understanding of how to interpret test results and provide for the protection of underground water supplies;
(9)
provide specific information on water quality practices developed through the research programs in subtitle G of title XIV;
(10)
provide specific information on nutrient management practices developed through the research programs in subtitle G of title XIV; and
(11)
provide information concerning whole-farm management systems integrating research results under this subtitle, subtitle G of title XIV, and other appropriate research programs of the Department.
(h)

Definition.—
For purposes of this section, the term “appropriate field office personnel” includes employees of the National Institute of Food and Agriculture, Soil Conservation Service, and other appropriate Department of Agriculture personnel, as determined by the Secretary, whose activities involve the provision of agricultural production and conservation information to agricultural producers.
(i)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out the National Training Program $20,000,000 for each of fiscal years 2013 through 2023.
Subtitle C—

National Genetic Resources Program
SEC. 1632.
[7 U.S.C. 5841]

ESTABLISHMENT, PURPOSE, AND FUNCTIONS OF THE NATIONAL GENETIC RESOURCES PROGRAM.
(a)

In General.—
The Secretary of Agriculture shall provide for a National Genetic Resources Program.
(b)

Purpose.—
The program is established for the purpose of maintaining and enhancing a program providing for the collection, preservation, and dissemination of genetic material of importance to American food and agriculture production.
(c)

Administration.—
The program shall be administered by the Secretary through the Agricultural Research Service.
(d)

Functions.—
The Secretary, acting through the program, shall—
(1)
provide for the collection, classification, preservation, and dissemination of genetic material of importance to the food and agriculture sectors of the United States;
(2)
conduct research on the genetic materials collected and on methods for storage and preservation of those materials;
(3)
coordinate the activities of the program with similar activities occurring domestically;
(4)
unless otherwise prohibited by law, have the right to make available on request, without charge and without regard to the country from which the request originates, the genetic material that the program assembles;
(5)
expand the types of genetic resources included in the program to develop a comprehensive genetic resources program which includes plants (including silvicultural species), animal, aquatic, insect, microbiological, and other types of genetic resources of importance to food and agriculture, as resources permit;
(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
(7)
engage in such other activities as the Secretary determines appropriate and as the resources of the program permit.
SEC. 1633.
[7 U.S.C. 5842]

APPOINTMENT AND AUTHORITY OF DIRECTOR.
(a)

Director.—
There shall be at the head of the program an official to be known as the Director of the National Genetic Resources Program who shall be appointed by the Secretary. The Director shall perform such duties as are assigned to the Director by this subtitle and such other duties as the Secretary may prescribe.
(b)

Administrative Authority.—
In carrying out this subtitle, the Secretary, acting through the Director—
(1)
shall be responsible for the overall direction of the program and for the establishment and implementation of general policies respecting the management and operation of activities within the program;
(2)
may secure for the program consultation services and advice of persons from the United States and abroad;
(3)
may accept voluntary and uncompensated services; and
(4)
may perform such other administrative functions as the Secretary determines are needed to effectively carry out this subtitle.
(c)

Duties.—
The Director shall—
(1)
advise participants on the program activities;
(2)
coordinate, review and facilitate the systematic identification and evaluation of, relevant information generated under the program;
(3)
promote the effective transfer of the information described in paragraph (2) to the agriculture and food production community and to entities that require such information; and
(4)
monitor the effectiveness of the activities described in paragraph (3).
(d)

Biennial Reports.—
The Director shall prepare and transmit to the Secretary and to the Congress a biennial report containing—
(1)
a description of the activities carried out by and through the program and the policies of the program, and such recommendations respecting such activities and policies as the Director considers to be appropriate;
(2)
a description of the necessity for, and progress achieved toward providing, additional programs and activities designed to include the range of genetic resources described in section 1632(d)(5) in the activities of the program; and
(3)
an assessment of events and activities occurring internationally as they relate to the activities and policies of the program.
(e)

Initial Reports.—
Not later than one year after the date of the enactment of this Act, the Director shall transmit to the Secretary and to the Congress a report—
(1)
describing the projected needs over a 10-year period in each of the areas of genetic resources described in section 1632(d)(5), including the identification of existing components of a comprehensive program, policies and activities needed to coordinate those components, and additional elements not in existence which are required for the development of a comprehensive genetic resources program as described in such section;
(2)
assessing the international efforts and activities related to the program, and their effect upon and coordination with the program; and
(3)
evaluating the potential effect of various national laws, including national quarantine requirements, as well as treaties, agreements, and the activities of international organizations on the development of a comprehensive international system for the collection and maintenance of genetic resources of importance to agriculture.
(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. 1634.
[7 U.S.C. 5843]

ADVISORY COUNCIL.
(a)

Establishment and Membership.—
(1)

In general.—
The Secretary shall establish an advisory council for the program for the purpose of advising, assisting, consulting with, and making recommendations to, the Secretary and Director concerning matters related to the activities, policies and operations of the program.
(2)

Membership.—
The advisory council shall consist of ex officio members and not more than 13 members appointed by the Secretary.
(3)

Recommendations.—
(A)4

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).
^4
Paragraph (3) (as added by section 7206(a)(1)(D) of Public Law 115–334) was enacted with a subparagraph (A) without including any subsequent subparagraphs.
(b)

Ex Officio Members.—
The ex officio members of the advisory council shall consist of the following persons (or their designees):
(1)
The Director.
(2)
The Assistant Secretary of Agriculture for Science and Education.
(3)
The Director of the National Agricultural Library.
(4)
The Director of the National Institutes of Health.
(5)
The Director of the National Science Foundation.
(6)
The Secretary of Energy.
(7)
The Director of the Office of Science and Technology Policy.
(8)
Such additional officers and employees of the United States as the Secretary determines are necessary for the advisory council to effectively carry out its functions.
(c)

Appointment of Other Members.—
The members of the advisory council who are not ex officio members shall be appointed by the Secretary as follows:
(1)
6 of the members shall be appointed from among the leading representatives of the scientific disciplines relevant to the activities of the program, including agricultural sciences, economics and policy, environmental sciences, natural resource sciences, health sciences, and nutritional sciences.
(2)
3 of the members shall be appointed from the general public and shall include leaders in fields of public policy, community development, trade, international development, law, or management.
(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)).
(d)

Compensation.—
Members of the advisory council shall serve without compensation, if not otherwise officers or employees of the United States, except that they shall, while away from their homes or regular places of business in the performance of services for the advisory council, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under sections 5701 through 5707 of title 5, United States Code.
(e)

Term of Office of Appointees; Vacancies.—
(1)

Term.—
The term of office of a member appointed under subsection (c) is four years, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was appointed shall be appointed only for the remainder of such term.
(2)

Initial appointment.—
The Secretary shall make appointments to the advisory council so as to ensure that the terms of the members appointed under subsection (c) do not all expire in the same year. A member may serve after the expiration of the member's term until a successor takes office.
(3)

Reappointment.—
A member who is appointed for a term of four years may not be reappointed to the advisory council before two years after the date of expiration of such term of office.
(4)

Vacancies.—
If a vacancy occurs in the advisory council among the members appointed under subsection (c), the Secretary shall make an appointment to fill such vacancy within 90 days after the date such vacancy occurs.
(f)

Chair.—
The Secretary shall select as the chair of the advisory council one of the members appointed under subsection (c). The term of office of the chair shall be two years.
(g)

Meetings.—
The advisory council shall meet at the call of the chair or on the request of the Director, but at least two times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director.
(h)

Staff.—
The Director shall make available to the advisory council such staff, information, and other assistance as it may require to carry out its functions.
(i)

Orientation and Training.—
The Director shall provide such orientation and training for new members of the advisory council as may be appropriate for their effective participation in the functions of the advisory council.
(j)

Comments and Recommendations.—
The advisory council may prepare, for inclusion in a report submitted under section 1633—
(1)
comments respecting the activities of the advisory council during the period covered by the report;
(2)
comments on the progress of the program in meeting its objectives; and
(3)
recommendations respecting the future directions, program, and policy emphasis of the program.
(k)

Reports.—
The advisory council may prepare such reports as the advisory council determines to be appropriate.
(l)

Application of Chapter 10 of Title 5, United States Code.—
Section 1013(a) of title 5, United States Code, relating to the termination of an advisory committee shall not apply to the advisory council established under this section.
SEC. 1635.
[7 U.S.C. 5844]

DEFINITIONS AND AUTHORIZATION OF APPROPRIATIONS.
(a)

Definitions.—
For purposes of this subtitle:
(1)
The term “program” means the National Genetic Resources Program.
(2)
The term “Secretary” means the Secretary of Agriculture.
(3)
The term “Director” means the Director of the National Genetic Resources Program.
(b)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this subtitle—
(1)
such sums as are necessary for each of fiscal years 1991 through 2013; and
(2)
$1,000,000 for each of fiscal years 2014 through 2023.
Subtitle D—

National Agricultural Weather Information System
SEC. 1637.
[7 U.S.C. 5851]

SHORT TITLE AND PURPOSES.
(a)

Short Title.—
This subtitle may be cited as the “National Agricultural Weather Information System Act of 1990”.
(b)

Purposes.—
The purposes of this subtitle are—
(1)
to provide a nationally coordinated agricultural weather information system, based on the participation of universities, State programs, Federal agencies, and the private weather consulting sector, and aimed at meeting the weather and climate information needs of agricultural producers;
(2)
to facilitate the collection, organization, and dissemination of advisory weather and climate information relevant to agricultural producers, through the participation of the private sector and otherwise;
(3)
to provide for research and education on agricultural weather and climate information, aimed at improving the quality and quantity of weather and climate information available to agricultural producers, including research on short-term forecasts of thunderstorms and on extended weather forecasting techniques and models;
(4)
to encourage, where feasible, greater private sector participation in providing agricultural weather and climate information, to encourage private sector participation in educating and training farmers and others in the proper utilization of agricultural weather and climate information, and to strengthen their ability to provide site-specific weather forecasting for farmers and the agricultural sector in general; and
(5)
to ensure that the weather and climate data bases needed by the agricultural sector are of the highest scientific accuracy and thoroughly documented, and that such data bases are easily accessible for remote computer access.
SEC. 1638.
[7 U.S.C. 5852]

AGRICULTURAL WEATHER OFFICE.
(a)

Establishment of the Office and Administration of the System.—
(1)

Establishment required.—
The Secretary of Agriculture shall establish in the Department of Agriculture an Agricultural Weather Office to plan and administer the National Agricultural Weather Information System. The system shall be comprised of the office established under this section and the activities of the State agricultural weather information systems described in section 1640.
(2)

Director.—
The Secretary shall appoint a Director to manage the activities of the Agricultural Weather Office and to advise the Secretary on scientific and programmatic coordination for climate, weather, and remote sensing.
(b)

Authority.—
The Secretary, acting through the Office, may undertake the following activities to carry out this subtitle:
(1)
Enter into cooperative projects with the National Weather Service to—
(A)
support operational weather forecasting and observation useful in agriculture;
(B)
sponsor joint workshops to train agriculturalists about the optimum utilization of agricultural weather and climate data;
(C)
jointly develop improved computer models and computing capacity; and
(D)
enhance the quality and availability of weather and climate information needed by agriculturalists.
(2)
Obtain standardized weather observation data collected in near real time through State agricultural weather information systems.
(3)
Make, through the National Institute of Food and Agriculture, competitive grants under subsection (c) for research in atmospheric sciences and climatology.
(4)
Make grants to eligible States under section 1640 to plan and administer State agricultural weather information systems.
(5)
Coordinate the activities of the Office with the weather and climate research activities of the National Institute of Food and Agriculture, the National Academy of Sciences, the National Science Foundation Atmospheric Services Program, and the National Climate Program.
(6)
Encourage private sector participation in the National Agricultural Weather Information System through mutually beneficial cooperation with the private sector, particularly in generating weather and climatic data useful for site-specific agricultural weather forecasting.
(c)

Competitive Grants Program.—
(1)

Grants authorized.—
With funds allocated to carry out this subsection, the Secretary of Agriculture may make grants to State agricultural experiment stations, all colleges and universities, other research institutions and organizations, Federal agencies, private organizations and corporations, and individuals to carry out research in all aspects of atmospheric sciences and climatology that can be shown to be important in both a basic and developmental way to understanding, forecasting, and delivering agricultural weather information.
(2)

Competitive basis.—
Grants made under this subsection shall be made on a competitive basis.
(d)

Priority.—
In selecting among applications for grants under subsection (c), the Secretary shall give priority to proposals which emphasize—
(1)
techniques and processes that relate to weather-induced agricultural losses, and to improving the advisory information on weather extremes such as drought, floods, freezes, and storms well in advance of their actual occurrence;
(2)
the improvement of site-specific weather data collection and forecasting; or
(3)
the impact of weather on economic and environmental costs in agricultural production.
[Section 1639 repealed by section 7304(a) of P.L. 107–171, 116 Stat. 455.]
SEC. 1640.
[7 U.S.C. 5854]

STATE AGRICULTURAL WEATHER INFORMATION SYSTEMS.
(a)

Advisory Program Grants.—
(1)

Grants required.—
With funds allocated to carry out this section, the Secretary of Agriculture shall make grants to not fewer than 10 eligible States to plan and administer, in cooperation with persons described in paragraph (2), advisory programs for State agricultural weather information systems.
(2)

Persons described.—
The persons referred to in paragraph (1) are the Director of the Agricultural Weather Office, the Director of the National Institute of Food and Agriculture, and other persons as appropriate (such as the directors of the appropriate State agricultural experiment stations and State extension programs).
(b)

Consultation.—
For purposes of selecting among applications submitted by States for grants under this section, the Secretary shall consult with the Director.
(c)

Eligibility Requirements.—
To be eligible to receive a grant under this section, the chief executive officer of a State shall submit to the Secretary an application that contains—
(1)
assurances that the State will expend such grant to plan and administer a State agricultural weather system that will—
(A)
collect observational weather data throughout the State and provide such data to the National Weather Service and the Agricultural Weather Office;
(B)
develop methods for packaging information received from the national system for use by agricultural producers (with State Cooperative Extension Services and the private sector to serve as the primary conduit of agricultural weather forecasts and climatic information to producers); and
(C)
develop programs to educate agricultural producers on how to best use weather and climate information to improve management decisions; and
(2)
such other assurances and information as the Secretary may require by rule.
SEC. 1641.
[7 U.S.C. 5855]

FUNDING.
(a)

Allocation of Funds.—
(1)

Cooperative work.—
Not less than 15 percent and not more than 25 percent of the funds appropriated for a fiscal year to carry out this subtitle shall be used for cooperative work with the National Weather Service entered into under section 1638(b)(1).
(2)

Competitive grants program.—
Not less than 15 percent and not more than 25 percent of such funds shall be used by the National Institute of Food and Agriculture for a competitive grants program under section 1638(c).
(3)

Weather information systems.—
Not less than 25 percent and not more than 35 percent of such funds shall be divided equally between the participating States selected for that fiscal year under section 1640.
(4)

Other purposes.—
The remaining funds shall be allocated for use by the Agricultural Weather Office and the National Institute of Food and Agriculture in carrying out generally the provisions of this subtitle.
(b)

Limitations on Use of Funds.—
Funds provided under the authority of this subtitle shall not be used for the construction of facilities. Each State or agency receiving funds shall not use more than 30 percent of such funds for equipment purchases. Any use of the funds in facilitating the distribution of agricultural and climate information to producers shall be done with consideration for the role that the private meteorological sector can play in such information delivery.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this subtitle $5,000,000 for each of the fiscal years 2008 through 2012 and $1,000,000 for each of fiscal years 2014 through 2023.
[Subtitles E and F repealed April 4, 1996, by sections 861 and 862 of P.L. 104–127, 110 Stat. 1174.]
[Subtitle G (sections 1657–1665) repealed by section 6201(a) of P.L. 107–171, 116 Stat. 418.]
Subtitle H—

Miscellaneous Research Provisions
SEC. 1668.
[7 U.S.C. 5921]

BIOTECHNOLOGY RISK ASSESSMENT RESEARCH.
(a)

Purpose.—
It is the purpose of this section—
(1)
to authorize and support environmental assessment research to help identify and analyze environmental effects of biotechnology; and
(2)
to authorize research to help regulators develop long-term policies concerning the introduction of such technology.
(b)

Grant Program.—
The Secretary of Agriculture shall establish a grant program within the National Institute of Food and Agriculture and the Agricultural Research Service to provide the necessary funding for environmental assessment research concerning the introduction of genetically engineered animals, plants, and microorganisms into the environment.
(c)

Research Priorities.—
The following types of research shall be given priority for funding:
(1)
Research designed to identify and develop appropriate management practices to minimize physical and biological risks associated with genetically engineered animals, plants, and microorganisms.
(2)
Research designed to develop methods to monitor the dispersal of genetically engineered animals, plants, and microorganisms.
(3)
Research designed to further existing knowledge with respect to the characteristics, rates, and methods of gene transfer that may occur between genetically engineered animals, plants, and microorganisms and related wild and agricultural organisms.
(4)
Environmental assessment research designed to provide analysis which compares the relative impacts of animals, plants, and microorganisms modified through genetic engineering to other types of production systems.
(5)
Other areas of research designed to further the purposes of this section.
(d)

Eligibility Requirements.—
Grants under this section shall be—
(1)
made on the basis of the quality of the proposed research project; and
(2)
available to any public or private research or educational institution or organization.
(e)

Consultation.—
In considering specific areas of research for funding under this section, the Secretary of Agriculture shall consult with the Administrator of the Animal and Plant Health Inspection Service and the National Agricultural Research, Extension, Education, and Economics Advisory Board.
(f)

Program Coordination.—
The Secretary of Agriculture shall coordinate research funded under this section with the Office of Research and Development of the Environmental Protection Agency in order to avoid duplication of research activities.
(g)

Authorization of Appropriations.—
(1)

In general.—
There are authorized to be appropriated such sums as necessary to carry out this section.
(2)

Withholdings from biotechnology outlays.—
The Secretary of Agriculture shall withhold from outlays of the Department of Agriculture for research on biotechnology, as defined and determined by the Secretary, at least 2 percent of such amount for the purpose of making grants under this section for research on biotechnology risk assessment.
(3)

Application of Funds.—
Funds made available under this subsection shall be applied, to the maximum extent practicable, to risk assessment research on all categories identified in subsection (c).
[Section 1669 repealed by section 10705(b) of P.L. 107–171, 116 Stat. 519.]
SEC. 1671.
[7 U.S.C. 5924]

AGRICULTURAL GENOME TO PHENOME INITIATIVE.
(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.
(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.
(c)

Grants and Cooperative Agreements.—
(1)

Authority.—
The Secretary, acting through the National Institute of Food and Agriculture, may make grants or enter into cooperative agreements with individuals and organizations in accordance with section 1472 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3318).
(2)

Competitive basis.—
A grant or cooperative agreement under this subsection shall be made or entered into on a competitive basis.
(3)

Consortia.—
The Secretary shall encourage awards under this section to consortia of eligible entities .
(d)

Administration.—
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i) shall apply with respect to the making of a grant or cooperative agreement under this section.
(e)

Consultation With National Academy of Sciences.—
The Secretary may use funds made available under this section to consult with the National Academy of Sciences regarding the administration of the Agricultural Genome to Phenome Initiative.
(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.
(g)

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. 1672.
[7 U.S.C. 5925]

HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
(a)

Competitive Specialized Research and Extension Grants Authorized.—
(1)

In general.—
The Secretary of Agriculture (referred to in this section as the “Secretary”) may make competitive grants to support research and extension activities specified in subsections (d) through (g).
(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.
(3)

Consultation.—
The Secretary shall make the grants in consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board.
(b)

Administration.—
(1)

In general.—
Except as otherwise provided in this section, paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i) shall apply with respect to the making of grants under this section.
(2)

Use of task forces.—
To facilitate the making of research and extension grants under this section in the research and extension areas specified in subsections (d) through (g), the Secretary may appoint a task force for each such area to make recommendations to the Secretary. The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with each task force established under this paragraph.
(c)

Partnerships Encouraged.—
Following the completion of a peer review process for grant proposals received under this section, the Secretary shall provide a priority to those grant proposals, found in the peer review process to be scientifically meritorious, that involve the cooperation of multiple entities.
(d)

High-Priority Research and Extension Areas.—
(1)

Dairy financial risk management research and extension.—
Research and extension grants may be made under this section for the purpose of providing research, development, or education materials, information, and outreach programs regarding risk management strategies for dairy producers and for dairy cooperatives and other processors and marketers of milk.
(2)

Potato research and extension.—
Research and extension grants may be made under this section for the purpose of developing and evaluating new strains of potatoes that are resistant to blight and other diseases, as well as insects. Emphasis may be placed on developing potato varieties that lend themselves to innovative marketing approaches.
(3)

Wood use research and extension.—
Research and extension grants may be made under this section for the purpose of developing new uses for wood from underused tree species as well as investigating methods of modifying wood and wood fibers to produce better building materials.
(4)

Bighorn and domestic sheep disease mechanisms.—
Research and extension grants may be made under this section to conduct research relating to the health status of (including the presence of infectious diseases in) bighorn and domestic sheep under range conditions.
(5)

Agricultural development in the american-pacific region.—
Research and extension grants may be made under this section to support food and agricultural science at a consortium of land-grant institutions in the American-Pacific region.
(6)

Tropical and subtropical agricultural research.—
Research grants may be made under this section, in equal dollar amounts to the Caribbean and Pacific Basins, to support tropical and subtropical agricultural research, including pest and disease research, at the land-grant institutions in the Caribbean and Pacific regions.
(7)

Women and minorities in stem fields.—
Research and extension grants may be made under this section to increase participation by women and underrepresented minorities from rural areas in the fields of science, technology, engineering, and mathematics, with priority given to eligible institutions that carry out continuing programs funded by the Secretary.
(8)

Alfalfa seed and alfalfa forage systems research program.—
Research and extension grants may be made under this section for the purpose of studying improvements in alfalfa seed and alfalfa forage systems yields, biomass and persistence, pest pressures, the bioenergy potential of alfalfa seed and other alfalfa forage systems to reduce losses during harvest and storage.
(9)

Coffee plant 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 coffee berry borer (Hypothenemus hampei); and
(B)
establishing an areawide integrated pest management program in areas affected by, or areas at risk of,5 being affected by the coffee berry borer.
^5
So in law. The comma appearing after “risk of” probably should appear after “being affected by”.
(10)

Corn, soybean meal, cereal grains, and grain byproducts research and extension.—
Research and extension grants may be made under this section for the purpose of carrying out or enhancing research to improve the digestibility, nutritional value, and efficiency of the use of corn, soybean meal, cereal grains, and grain byproducts for the poultry and food animal production industries.
(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.
(e)

Pulse Crop Health Initiative.—
(1)

Definitions.—
In this subsection:
(A)

Initiative.—
The term “Initiative” means the pulse crop health initiative established by paragraph (2).
(B)

Pulse crop.—
The term “pulse crop” means dry beans, dry peas, lentils, and chickpeas.
(2)

Establishment.—
The Secretary shall carry out a pulse crop health competitive research and extension initiative to address the critical needs of the pulse crop industry by developing and disseminating science-based tools and information, including—
(A)
research conducted with respect to pulse crops in the areas of health and nutrition, such as—
(i)
pulse crop diets and the ability of such diets to reduce obesity and associated chronic disease; and
(ii)
the underlying mechanisms of the health benefits of pulse crop consumption;
(B)
research related to the functionality of pulse crops, such as—
(i)
improving the functional properties of pulse crops and pulse crop fractions; and
(ii)
developing new and innovative technologies to improve pulse crops as an ingredient in food products;
(C)
research conducted with respect to pulse crops for purposes of enhancing sustainability and global food security, such as—
(i)
improving pulse crop productivity, nutrient density, and phytonutrient content using plant breeding, genetics, and genomics;
(ii)
improving pest and disease management, including resistance to pests and diseases; and
(iii)
improving nitrogen fixation and water use efficiency to reduce the carbon and energy footprint of agriculture;
(D)
the optimization of systems used in producing pulse crops to reduce water usage; and
(E)
education and technical assistance programs with respect to pulse crops, such as programs—
(i)
providing technical expertise to help food companies include pulse crops in innovative and healthy food; and
(ii)
establishing an educational program to encourage pulse crop consumption in the United States.
(3)

Administration.—
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)) shall apply with respect to the making of a competitive grant under this subsection.
(4)

Priorities.—
In making competitive grants under this subsection, the Secretary shall provide a higher priority to projects that—
(A)
are multistate, multiinstitutional, and multidisciplinary; and
(B)
include explicit mechanisms to communicate results to the pulse crop industry and the public.
(5)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2014 through 2023.
(f)

Training Coordination for Food and Agriculture Protection.—
(1)

In general.—
The Secretary shall make a competitive grant to, or enter into a contract or a cooperative agreement with, an eligible entity (described in paragraph (2)) for purposes of establishing an internationally integrated training system to enhance the protection of the food supply in the United States, to be known as the “Comprehensive Food Safety Training Network” (referred to in this subsection as the “Network”).
(2)

Eligibility.—
(A)

In general.—
For purposes of this subsection, an eligible entity is a multiinstitutional consortium that includes—
(i)
a nonprofit institution that provides food safety protection training; and
(ii)
one or more training centers in institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that have demonstrated expertise in developing and delivering community-based training in food supply and agricultural safety and defense.
(B)

Collective consideration.—
The Secretary may consider such consortium collectively and not on an institution-by-institution basis.
(3)

Duties of eligible entity.—
As a condition of receiving a competitive grant or entering into a contract or a cooperative agreement with the Secretary under this subsection, the eligible entity, in cooperation with the Secretary, shall establish and maintain the Network, including by—
(A)
providing basic, technical, management, and leadership training (including by developing curricula) to regulatory and public health officials, producers, processors, and other agribusinesses;
(B)
serving as the hub for the administration of the Network;
(C)
implementing a standardized national curriculum to ensure the consistent delivery of quality training throughout the United States;
(D)
building and overseeing a nationally recognized instructor cadre to ensure the availability of highly qualified instructors;
(E)
reviewing training proposed through the National Institute of Food and Agriculture and other relevant Federal agencies that report to the Secretary on the quality and content of proposed and existing courses;
(F)
assisting Federal agencies in the implementation of food safety protection training requirements including requirements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Agricultural Act of 2014, and any provision of law amended by such Act; and
(G)
performing evaluation and outcome-based studies to provide to the Secretary information on the effectiveness and impact of training and metrics on jurisdictions and sectors within the food safety system.
(4)

Membership.—
An eligible entity may alter the consortium membership to meet specific training expertise needs.
(5)

Authorization of appropriations.—
There are authorized to be appropriated to carry out this subsection $20,000,000 for each of fiscal years 2014 through 2023, to remain available until expended.
(g)

Pollinator Protection.—
(1)

Research and extension.—
(A)

Grants.—
Research and extension grants may be made under this section—
(i)
to survey and collect data on bee colony production and health;
(ii)
to investigate pollinator biology, immunology, ecology, genomics, and bioinformatics;
(iii)
to conduct research on various factors that may be contributing to or associated with colony collapse disorder, and other serious threats to the health of honey bees and other pollinators, including—
(I)
parasites and pathogens of pollinators; and
(II)
the sublethal effects of insecticides, herbicides, and fungicides on honey bees and native and managed pollinators;
(iv)
to develop mitigative and preventative measures to improve native and managed pollinator health; and
(v)
to promote the health of honey bees and native pollinators through habitat conservation and best management practices.
(B)

Authorization of appropriations.—
There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2008 through 2023.
(2)

Department of agriculture capacity and infrastructure.—
(A)

In general.—
The Secretary shall, to the maximum extent practicable, increase the capacity and infrastructure of the Department—
(i)
to address colony collapse disorder and other long-term threats to pollinator health, including the hiring of additional personnel; and
(ii)
to conduct research on colony collapse disorder and other pollinator issues at the facilities of the Department.
(B)

Authorization of appropriations.—
There is authorized to be appropriated to carry out this paragraph $7,250,000 for each of fiscal years 2008 through 2023.
(3)

Honey bee surveillance.—
There is authorized to be appropriated to conduct a nationwide honey bee pest, pathogen, health, and population status surveillance program $2,750,000 for each of fiscal years 2008 through 2023.
(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.
(5)

Consultation
The Secretary, in consultation with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall publish guidance on enhancing pollinator health and the long-term viability of populations of pollinators, including recommendations related to—
(A)
allowing for managed honey bees to forage on National Forest System lands where compatible with other natural resource management priorities; and
(B)
planting and maintaining managed honey bee and native pollinator foraging on National Forest System lands where compatible with other natural resource management priorities.
(6)

Annual report on response to honey bee colony collapse disorder.—
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—
(A)
describing the progress made by the Department of Agriculture in—
(i)
investigating the cause or causes of honey bee colony collapse and honey bee health disorders;
(ii)
finding appropriate strategies, including best management practices to reduce colony loss; and
(iii)
addressing the decline of managed honey bees and native pollinators;
(B)
assessing Federal efforts to mitigate pollinator losses and threats to the United States commercial beekeeping industry; and
(C)
providing recommendations to Congress regarding how to better coordinate Federal agency efforts to address the decline of managed honey bees and native pollinators.
(h)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 1999 through 2023.
SEC. 1672B.
[7 U.S.C. 5925b]

ORGANIC AGRICULTURE RESEARCH AND EXTENSION INITIATIVE.
(a)

Competitive Specialized Research and Extension Grants Authorized.—
In consultation with the National Agricultural Research, Extension, Education, and Economics Advisory Board, using funds made available under subsection (e), the Secretary of Agriculture (referred to in this section as the “Secretary”) may make competitive grants in each of fiscal years 2019 through 2023 to support research, education, and extension activities regarding organically grown and processed agricultural commodities for the purposes of—
(1)
facilitating the development and improvement of organic agriculture production, breeding, and processing methods;
(2)
evaluating the potential economic benefits of organic agricultural production and methods to producers, processors, and rural communities;
(3)
exploring international trade opportunities for organically grown and processed agricultural commodities;
(4)
determining desirable traits for organic commodities;
(5)
identifying marketing and policy constraints on the expansion of organic agriculture;
(6)
conducting advanced on-farm research and development that emphasizes observation of, experimentation with, and innovation for working organic farms, including research relating to production , marketing, food safety, socioeconomic conditions, and farm business management;
(7)
examining optimal conservation, soil health, and environmental outcomes relating to organically produced agricultural products; and
(8)
developing new and improved seed varieties that are particularly suited for organic agriculture.
(b)

Grant Types and Process, Prohibition on Construction.—
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i) shall apply with respect to the making of grants under this section.
(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.
(d)

Partnerships Encouraged.—
Following the completion of a peer review process for grant proposals received under this section, the Secretary may provide a priority to those grant proposals, found in the peer review process to be scientifically meritorious, that involve the cooperation of multiple entities.
(e)

Funding.—
On October 1, 2003, and each October 1 thereafter through October 1, 2007, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer $3,000,000 to the Secretary of Agriculture for this section.
(f)

Funding.—
(1)

Mandatory funding .—
Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section—
(A)
$18,000,000 for fiscal year 2009;
(B)
$20,000,000 for each of fiscal years 2010 through 2012;
(C)
$20,000,000 for each of fiscal years 2014 through 2018; and6
(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.
^6
The word “and” at the end of subparagraph (C) probably should appear.
(2)

Discretionary funding .—
In addition to amounts made available under paragraph (1), there is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2023.
(3)

Fiscal year 2013.—
There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2013.
SEC. 1672D.
[7 U.S.C. 5925f]

FARM BUSINESS MANAGEMENT.
(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.
(b)

Selection Criteria.—
In allocating funds made available to carry out this section, the Secretary may give priority to grants that—
(1)
demonstrate an ability to work directly with agricultural producers;
(2)
collaborate with farm management educational programs and associations;
(3)
address the farm management needs of a variety of crops and regions of the United States; and
(4)
contribute data to the national farm financial management database.
(c)

Administration.—
Paragraphs (4), (7), (8), and (11)(B) of subsection (b) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)) shall apply with respect to the making of grants under this section.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated to carry out this section—
(1)
such sums as are necessary for fiscal year 2013; and
(2)
$5,000,000 for each of fiscal years 2014 through 2023.
SEC. 1672E.
[7 U.S.C. 5925g]

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—
(A)
$10,000,000 for fiscal year 2019, to remain available until expended; and
(B)
$2,000,000 for each of fiscal years 2024 through 2031.
(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.
SEC. 1673.
[7 U.S.C. 5926]

CENTERS OF EXCELLENCE.
(a)

Funding Priorities.—
The Secretary shall prioritize centers of excellence established for purposes of carrying out research, extension, and education activities relating to the food and agricultural sciences (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) for the receipt of funding for any competitive research or extension program administered by the Secretary.
(b)

Composition.—
A center of excellence is composed of 1 or more of the eligible entities specified in subsection (b)(7) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(7)) that provide financial or in-kind support to the center of excellence.
(c)

Criteria for Centers of Excellence.—
(1)

Required efforts.—
The criteria for recognition as a center of excellence shall include efforts—
(A)
to ensure coordination and cost effectiveness by reducing unnecessarily duplicative efforts regarding research, teaching, and extension;
(B)
to leverage available resources by using public-private partnerships among agricultural industry groups, institutions of higher education, and the Federal Government;
(C)
to implement teaching initiatives to increase awareness and effectively disseminate solutions to target audiences through extension activities; and
(D)
to increase the economic returns to rural communities by identifying, attracting, and directing funds to high-priority agricultural issues.
(2)

Additional efforts.—
Where practicable, the criteria for recognition as a center of excellence shall include efforts to improve teaching capacity and infrastructure at colleges and universities (including land-grant colleges and universities, cooperating forestry schools, NLGCA Institutions (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), and schools of veterinary medicine).
(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.
[Section 1674 repealed April 4, 1996, P.L. 104–127, 110 Stat. 1174.]
[Section 1675 repealed June 23, 1998, by section 302(c) of P.L. 105–185, 112 Stat. 563.]
SEC. 1677.
[7 U.S.C. 5930]

RESERVATION EXTENSION AGENTS.
(a)

Establishment.—
The Secretary of Agriculture, acting through the National Institute of Food and Agriculture, shall establish appropriate extension education programs on Indian reservations and tribal jurisdictions. In establishing these extension programs, the Secretary shall consult with the Bureau of Indian Affairs, the Intertribal Agriculture Council, and the Southwest Indian Agriculture Association, and shall make such interagency cooperative agreements or memoranda of understanding as may be necessary. The programs to be developed and delivered on reservations and within tribal jurisdictions shall be determined with the advice and counsel of reservation or tribal program advisory committees.
(b)

Administration and Management.—
Extension agents shall be employees of, and administratively responsible to, the Cooperative Extension Service of the State within which the reservation or tribal jurisdiction is located, and employment and personnel management responsibilities shall be vested with the State Cooperative Extension Service. In cases where a reservation or tribal jurisdiction is located in two or more States, the Secretary of Agriculture shall make the determination of administrative responsibility, including possible divisions along State boundaries.
(c)

Advisory Committees.—
At the request of a State Extension Director, and with the assistance of the tribal authorities, the Secretary of Agriculture may form an advisory committee to give overall policy and program advice to that State Extension Director with regard to programs conducted on reservations or within tribal jurisdictions. Program advisory committees may be formed to assist extension staff in development and conduct of program activities.
(d)

Staffing.—
Insofar as possible, agent and specialist staff shall include individuals representative of the tribal grouping being served. Programs shall emphasize training and employment of local people in positions such as program aides, master gardeners, and volunteers. Staffing at a particular location shall be dependent on the needs and priorities of that location, as identified by the advisory committees and the State Extension Director, and the Director may make use of existing personnel and facilities as appropriate.
(e)

Placing of Agents.—
The number of offices and their placement shall be jointly determined by the State Extension Directors and tribal authorities of the respective States by taking into consideration the agricultural acreage within the boundaries of an Indian reservation or tribal jurisdiction, the soil classifications of such acreage, and the population of such reservation or tribal jurisdiction.
(f)

Reduced Regulatory Burden.—
On a determination by the Secretary of Agriculture that a program carried out under this section has been satisfactorily administered for not less than 2 years, the Secretary shall implement a reduced reapplication process for the continued operation of the program in order to reduce regulatory burdens on participating university and tribal entities.
(g)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
[Sections 1678 and 1679 repealed April 4, 1996, P.L. 104–127, 110 Stat. 1174.]
SEC. 1680.
[7 U.S.C. 5933]

ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH DISABILITIES.
(a)

Special Demonstration Grants.—
(1)

In general.—
The Secretary of Agriculture, in consultation with other appropriate Federal agencies, shall make demonstration grants to support cooperative programs between State Cooperative Extension Service agencies and private nonprofit disability organizations to provide on-the-farm agricultural education and assistance directed at accommodating disability in farm operations for individuals with disabilities who are engaged in farming and farm-related occupations and their families.
(2)

Eligible services.—
Grants awarded under paragraph (1) may be used to support programs serving individuals with disabilities, and their families, who are engaged in farming and farm-related occupations.
(3)

Eligible programs.—
Grants awarded under paragraph (1) may be used to initiate, expand, or sustain programs that—
(A)
provide direct education and assistance to accommodate disability in farming to individuals with disabilities who engage in farming and farm-related occupations;
(B)
provide on-the-farm technical advice concerning the design, fabrication, and use of agricultural and related equipment, machinery, and tools, and assist in the modification of farm worksites, operations, and living arrangements to accommodate individuals with disabilities who engage in farming, farm living and farm-related tasks;
(C)
involve community and health care professionals, including Extension Service agents and others, in the early identification of farm and rural families that are in need of services related to the disability of an individual;
(D)
provide specialized education programs to enhance the professional competencies of rural agricultural professionals, rehabilitation and health care providers, vocational counselors, and other providers of service to individuals with disabilities, and their families, who engage in farming or farm-related occupations; and
(E)
mobilize rural volunteer resources, including peer counseling among farmers with disabilities and rural ingenuity networks promoting cost effective methods or accommodating disabilities in farming and farm-related activities.
(4)

Extension service agencies.—
Grants shall be awarded under this subsection directly to State Extension Service agencies to enable them to enter into contracts, on a multiyear basis, with private nonprofit community-based direct service organizations to initiate, expand, or sustain cooperative programs described under paragraphs (2) and (3).
(5)

Minimum amount.—
A grant awarded under this subsection may not be less than $150,000.
(6)

Consideration for grants for new programs.—
For each fiscal year that amounts are made available for grants under this subsection, the Secretary may make grants in a manner that ensures that eligible entities who apply for grants, but have not previously received a grant under this subsection, are given full consideration.
(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.
(b)

National Grant for Technical Assistance, Training and Dissemination.—
The Secretary of Agriculture shall award a competitive grant to a national private nonprofit disability organization to enable such organization to provide technical assistance, training, information dissemination and other activities to support community-based direct service programs of on-site rural rehabilitation and assistive technology for individuals (including veterans) with disabilities, and their families, who are engaged in farming or farm-related occupations or, in the case of veterans with disabilities, who are pursuing new farming opportunities.
(c)

Authorization of Appropriations.—
(1)

In general.—
Subject to paragraph (2), there are authorized to be appropriated to carry out this section—
(A)
$6,000,000 for each of fiscal years 1999 through 2013; and
(B)
$5,000,000 for each of fiscal years 2014 through 2023.
(2)

National grant.—
Not more than 15 percent of the amounts made available under paragraph (1) and subsection (d) for a fiscal year shall be used to carry out subsection (b).
(d)

Mandatory Funding.—
Subject to subsection (c)(2), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $8,000,000 for fiscal year 2026, to remain available until expended.
TITLE XIX—

AGRICULTURAL PROMOTION
* * * * * * *
Subtitle H—

Processor-Funded Milk Promotion Program
SEC. 1999A.
[7 U.S.C. 6401 note]

SHORT TITLE.
This subtitle may be cited as the “Fluid Milk Promotion Act of 1990”.
SEC. 1999B.
[7 U.S.C. 6401]

FINDINGS AND DECLARATION OF POLICY.
(a)

Findings.—
Congress finds that—
(1)
fluid milk products are basic foods and are a primary source of required nutrients such as calcium, and otherwise are a valuable part of the human diet;
(2)
fluid milk products must be readily available and marketed efficiently to ensure that the people of the United States receive adequate nourishment;
(3)
the dairy industry plays a significant role in the economy of the United States, in that milk is produced by thousands of milk producers and dairy products (including fluid milk products) are consumed every day by millions of people in the United States;
(4)
the processing of milk into fluid milk products and the marketing of such products are important to the dairy industry because the fluid milk segment of the dairy market contributes substantially to ensuring that the prices paid to milk producers for raw milk are stable and adequate to maintain the overall strength of the dairy industry;
(5)
the maintenance and expansion of markets for fluid milk products are vital to the Nation's fluid milk processors and milk producers, as well as to the general economy of the United States;
(6)
the congressional purpose underlying this subtitle is to maintain and expand markets for fluid milk products, not to maintain or expand any processor's share of those markets and that the subtitle does not prohibit or restrict individual advertising or promotion of fluid milk products since the programs created and funded by this subtitle are not extended to replace individual advertising and promotion efforts;
(7)
the cooperative development, financing, and implementation of a coordinated program of advertising and promotion of fluid milk products is necessary to maintain and expand markets for fluid milk products;
(8)
it is appropriate to finance the cooperative program described in paragraph (6) with self-help assessments paid by the fluid milk processors; and
(9)
fluid milk products move in interstate and foreign commerce, and fluid milk products that do not move in such channels of commerce directly burden or affect interstate commerce in fluid milk products.
(b)

Policy.—
It is declared to be the policy of Congress that it is in the public interest to authorize the establishment, through the exercise of powers provided in this subtitle, of an orderly procedure for developing, financing, through adequate assessments on fluid milk products produced in the United States and carrying out an effective, continuous, and coordinated program of promotion, research, and consumer information designed to strengthen the position of the dairy industry in the marketplace and maintain and expand domestic and foreign markets and uses for fluid milk products, the purpose of which is not to compete with or replace individual advertising or promotion efforts designed to promote individual brand name or trade name fluid milk products, but rather to maintain and expand the markets for all fluid milk products, with the goal and purpose of this subtitle being a national governmental goal that authorizes and funds programs that result in government speech promoting government objectives.
SEC. 1999C.
[7 U.S.C. 6402]

DEFINITIONS.
As used in this subtitle:
(1)

Advertising.—
The term “advertising” means any advertising or promotion program involving only fluid milk products and directed toward increasing the general demand for fluid milk products.
(2)

Board.—
The term “Board” means the National Processor Advertising and Promotion Board established under section 1999H(b).
(3)

Fluid milk product.—
The term “fluid milk product” has the meaning given the term in—
(A)
section 1000.15 of title 7, Code of Federal Regulations, subject to such amendments as may be made by the Secretary; or
(B)
any successor regulation.
(4)

Fluid milk processor.—
The term “fluid milk processor” means any person who processes and markets commercially more than 3,000,000 pounds of fluid milk products in consumer-type packages per month (excluding products delivered directly to the place of residence of a consumer).
(5)

Department.—
The term “Department” means the Department of Agriculture.
(6)

Research.—
The term “research” means market research to support advertising and promotion efforts, including educational activities, research directed to product characteristics, product development, including new products or improved technology in production, manufacturing or processing of milk and the products of milk.
(7)

Secretary.—
The term “Secretary” means the Secretary of Agriculture.
(8)

United States.—
The term “United States”, except as used in sections 1999K through 1999M, means the 48 contiguous States in the continental United States and the District of Columbia.
SEC. 1999D.
[7 U.S.C. 6403]

AUTHORITY TO ISSUE ORDERS.
(a)

In General.—
To effectuate the declared policy under section 1999B(b), the Secretary shall issue and from time to time may amend, orders applicable to all fluid milk processors, authorizing—
(1)
the collection of assessments on fluid milk products subject to this subtitle; and
(2)
the use of the assessments to provide research and advertising in a manner prescribed by this subtitle.
(b)

Scope.—
Any order issued under this subtitle shall be national in scope.
(c)

One Order.—
Not more than one order shall be in effect under this subtitle at any one time.
SEC. 1999E.
[7 U.S.C. 6404]

NOTICE AND COMMENT.
Not later than 60 days after the Secretary receives a request for the issuance of an order under this subtitle, and a specific proposal for an order from individual fluid milk processors that marketed during a representative period, as determined by the Secretary, not less than 30 percent of the volume of fluid milk products marketed by all processors, the Secretary shall publish the proposed order and give due notice and opportunity for public comment on the proposed order.
SEC. 1999F.
[7 U.S.C. 6405]

FINDINGS AND ISSUANCE OF ORDERS.
(a)

In General.—
After notice and opportunity for public comment are given, as provided in section 1999E, the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements and the declared policy of this subtitle.
(b)

Effective Date.—
Such order shall be issued and, if approved by fluid milk processors as provided in section 1999N, shall become effective not later than 180 days following publication of the proposed order.
SEC. 1999G.
[7 U.S.C. 6406]

REGULATIONS.
The Secretary may issue such regulations as may be necessary to carry out this subtitle and the powers vested in the Secretary by this subtitle.
SEC. 1999H.
[7 U.S.C. 6407]

REQUIRED TERMS IN ORDERS.
(a)

In General.—
Each order issued under this subtitle shall contain the terms and conditions prescribed in this section.
(b)

National Processor Advertising and Promotion Board.—
(1)

Establishment.—
The order shall establish a National Processor Advertising and Promotion Board to administer the order.
(2)

Service to the entire industry.—
In administering the order, the Board shall carry out programs and projects that will provide maximum benefit to the fluid milk industry and promote only fluid milk products. The Board shall, to the extent practicable, ensure that advertising coverage in each region is proportionate to the funds collected from each region.
(3)

Regions.—
The Secretary shall establish not less than 12 nor more than 15 regions in order to ensure appropriate geographic representation on the Board.
(4)

Board membership.—
The Board shall consist of one member appointed by the Secretary, from among fluid milk processors, to represent each of the regions established under paragraph (3), with the membership representing, to the extent practicable, differing sizes of operations. The Secretary shall appoint five additional at-large members to the Board, of which at least three shall be fluid milk processors and at least one shall be from the general public.
(5)

Terms of office.—
The members of the Board shall serve for terms of 3 years, except that the members appointed to the initial Board shall serve, proportionately, for terms of 1, 2, and 3 years, as determined by the Secretary. No member shall serve for more than 2 consecutive terms, except that the members that are selected to serve for the initial term of 1 or 2 years shall be eligible to be reappointed for a 3-year term.
(6)

Compensation.—
Each member of the Board shall serve without compensation, but shall be reimbursed for necessary and reasonable expenses incurred in the performance of duties of the Board.
(c)

Powers and Duties of the Board.—
The order shall define the powers and duties of the Board, which shall include the power and duty—
(1)
to administer the order in accordance with the terms and conditions of the order;
(2)
to make rules to effectuate the terms and conditions of the order;
(3)
to receive, investigate, and report to the Secretary complaints of violations of the order;
(4)
to develop and recommend such rules, regulations, and amendments to the order to the Secretary for approval as may be necessary for the development and execution of programs or projects to carry out the order;
(5)
to employ such persons as the Board considers necessary and determine the compensation and define the duties of the persons;
(6)
to prepare and submit for the approval of the Secretary, prior to the beginning of each fiscal year, a fiscal year budget of the anticipated expenses in the administration of the order, including the probable costs of all programs and projects;
(7)
to develop programs and projects, subject to subsection (d);
(8)
to enter into contracts or agreements, with the approval of the Secretary, to develop and carry out programs or projects of research and advertising;
(9)
to carry out advertising or research, and pay the costs of the projects with funds collected pursuant to section 1999J;
(10)
to keep minutes, books, and records that reflect all of the acts and transactions of the Board, and promptly report minutes of each Board meeting to the Secretary;
(11)
to furnish the Secretary with such other information as the Secretary may require; and
(12)
to invest funds collected by the Board pursuant to subsection (g).
(d)

Plans and Budgets.—
(1)

Budgets.—
The order shall require the Board, prior to the beginning of each fiscal year, or as may be necessary after the beginning of the fiscal year, to develop budgets of the anticipated expenses and disbursements of the Board in the implementation of the order, including projected costs of research and advertising. The budget shall be submitted to the Secretary and be effective on the approval of the Secretary.
(2)

Incurring expenses.—
The Board may incur such expenses for research or advertising of fluid milk products, and other expenses for the administration, maintenance, and functioning of the Board, as may be authorized by the Secretary. The expenses shall include any implementation, administrative, and referendum costs incurred by the Department.
(3)

Paying expenses.—
The funds to cover the expenses referred to in paragraph (2) shall be paid from assessments collected under section 1999J.
(4)

Limitation on spending.—
Effective 1 year after the date of the establishment of the Board, the Board shall not spend in excess of 5 percent of the assessments collected for the administration of the Board.
(e)

Prohibition on Branded Advertising.—
A program or project conducted under this subtitle shall not make any reference to private brand names or use false or unwarranted claims on behalf of fluid milk products, or false or unwarranted statements with respect to the attributes or use of any competing products, except that this subsection shall not preclude the Board from offering its programs and projects for use by commercial parties, under such terms and conditions as the Board may prescribe as approved by the Secretary.
(f)

Contracts and Agreements.—
(1)

In general.—
To ensure efficient use of funds collected under this subtitle, the order shall provide that the Board may enter into contracts or agreements for the implementation and carrying out of programs or projects for fluid milk products research and advertising and for the payment of the costs of the programs or projects with funds received by the Board under the order.
(2)

Requirements.—
Any such contract or agreement shall provide that—
(A)
the contracting party shall develop and submit to the Board a program or project, together with a budget or budgets that shall disclose estimated costs to be incurred for such program or project;
(B)
the program or project shall become effective on the approval of the Secretary; and
(C)
the contracting party shall keep accurate records of all of the transactions of the contracting party, account for funds received and expended, make periodic reports to the Board of activities conducted, and make such other reports as the Board or the Secretary may require.
(g)

Investment of Funds.—
(1)

In general.—
The order shall provide that the Board, with the approval of the Secretary, may invest assessment funds collected by the Board under the order, pending disbursement of the funds, only in—
(A)
obligations of the United States or any agency thereof;
(B)
general obligations of any State or any political subdivision thereof;
(C)
any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System; or
(D)
obligations fully guaranteed as to principal and interest by the United States.
(2)

Income.—
Income from any such investment may be used for any purpose for which the invested funds may be used.
(h)

Books and Records of Board.—
(1)

In general.—
The order shall require the Board to—
(A)
maintain such books and records (which shall be available to the Secretary for inspection and audit) as the Secretary may prescribe;
(B)
prepare and submit to the Secretary, from time to time, such reports as the Secretary may prescribe; and
(C)
account for the receipt and disbursement of all funds entrusted to the Board.
(2)

Audits.—
The Board shall cause the books and records of the Board to be audited by an independent auditor at the end of each fiscal year. A report of each such audit shall be submitted to the Secretary.
(i)

Books and Records of Processors.—
(1)

In general.—
The order shall require that each fluid milk processor subject to this subtitle maintain and make available for inspection such books and records as may be required by the order and file reports at the time, in the manner, and having the content prescribed by the order.
(2)

Use of information.—
Information obtained under paragraph (1) shall be made available to the Secretary as is appropriate for the effectuation, administration, or enforcement of this subtitle, or any order or regulation issued under this subtitle.
(3)

Confidentiality.—
(A)

In general.—
Except as provided in subparagraphs (B) and (C), commercial or financial information that is obtained under paragraph (1) or (2) and that is privileged or confidential shall be kept confidential by all officers and employees of the Department and agents of the Board, and only such information so obtained as the Secretary considers relevant may be disclosed to the public by them and then only in a suit or administrative hearing brought at the request of the Secretary, or to which the Secretary or any officer of the United States is a party, and involving the order.
(B)

Availability of information.—
Except as otherwise provided in this subtitle, information obtained under this subtitle may be made available to another agency of the Federal Government for a civil or criminal law enforcement activity if the activity is authorized by law and if the head of the agency has made a written request to the Secretary specifying the particular information desired and the law enforcement activity for which the information is sought.
(C)

Other exceptions.—
Nothing in subparagraph (A) may be construed to prohibit—
(i)
the issuance of general statements, based on the reports, of the number of persons subject to an order or statistical data collected from the persons, which statements do not identify the information furnished by any person; or
(ii)
the publication, by direction of the Secretary, of the name of any person violating any order, together with a statement of the particular provisions of the order violated by the person.
(4)

Penalty.—
Any person violating this subsection, on conviction, shall be subject to a fine of not more than $1,000 or to imprisonment for not more than 1 year, or both, and if such person is an agent of the Board or an officer or employee of the Department, shall be removed from office.
(5)

Withholding information.—
Nothing in this subsection shall authorize the Secretary to withhold information from a duly authorized committee or subcommittee of Congress.
(6)

Time requirement.—
The records required under paragraph (1) shall be maintained for 2 years beyond the fiscal year of the applicability of the records.
(j)

Prohibition on Use of Funds to Influence Governmental Action.—
(1)

In general.—
Except as otherwise provided in paragraph (2), the order shall prohibit any funds collected by the Board under the order from being used in any manner for the purpose of influencing legislation or government action or policy.
(2)

Exception.—
Paragraph (1) shall not apply to the development or recommendation of amendments to the order.
(k)

Coordination.—
The order shall require the Board to take reasonable steps to coordinate the collection of assessments, and advertising and research activities of the Board with the National Dairy Promotion and Research Board established under section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)).
(l)

Exemptions.—
The order shall exempt fluid milk products exported from the United States from assessments under the order.
(m)

Report.—
The Secretary shall provide annually for an independent evaluation of the effectiveness of the fluid milk promotion program carried out under this subtitle during the previous fiscal year, in conjunction with the evaluation of the National Dairy Promotion and Research Board established under section 113(b) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(b)).
(n)

Other Terms and Conditions.—
The order also shall contain such terms and conditions, not inconsistent with this subtitle, as are necessary to effectuate this subtitle, including regulations relating to the assessment of late payment charges.
SEC. 1999I.
[7 U.S.C. 6408]

PERMISSIVE TERMS.
(a)

In General.—
Each order issued under this subtitle may contain one or more of the terms and conditions described in this section.
(b)

Advertising.—
The order may provide for the establishment, issuance, effectuation, and administration of appropriate programs or projects for the advertising of fluid milk products and the use of funds collected under this subtitle for such programs or projects.
(c)

Research and Development.—
The order may provide for establishing and carrying out research projects and studies to support the advertising efforts for fluid milk products, and the use of funds collected under the order for such projects and studies.
(d)

Reserve Funds.—
The order may provide authority to accumulate reserve funds from assessments collected pursuant to the order, to permit an effective and continuous coordinated program of research and advertising in years when the assessment income may be reduced, except that the total reserve fund may not exceed 25 percent of the amount budgeted for the operation in the current fiscal year of the order.
(e)

Other Terms.—
The order may contain such other terms and conditions incidental to and not inconsistent with the terms and conditions specified in this subtitle as are necessary to effectuate the other provisions of the order.
SEC. 1999J.
[7 U.S.C. 6409]

ASSESSMENTS.
(a)

In General.—
The order shall provide that each fluid milk processor shall pay an assessment on each unit of fluid milk product that such person processes and markets commercially in consumer-type packages in the United States.
(b)

No Effect on Producer Prices.—
Such assessments shall not—
(1)
reduce the prices paid under the Federal milk marketing orders issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937;
(2)
otherwise be deducted from the amounts that handlers must pay to producers for fluid milk products sold to a processor; or
(3)
otherwise be deducted from the price of milk paid to a producer by a handler, as determined by the Secretary.
(c)

Remitting Assessments.—
(1)

In general.—
Assessments required under subsection (a) shall be remitted by the fluid milk processor directly to the Board in accordance with the order and regulations issued by the Secretary.
(2)

Times to remit assessment.—
Each processor who is responsible for the remittance of an assessment under paragraph (1) shall remit the assessment to the Board not later than the last day of the month following the month that the milk being assessed was marketed.
(3)

Verification.—
Remittances shall be verified by market administrators and State regulatory officials, and local and State Agricultural Stabilization and Conservation Service offices, as provided by the Secretary.
(d)

Limitation on Assessments.—
Not more than one assessment may be assessed under this section for the purposes of this subtitle on a processor for any unit of fluid milk product.
(e)

Producer-Handlers.—
Producer-handlers that are required to pay the assessment imposed under section 113(g) of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4504(g)), and that are fluid milk processors, shall also be responsible for the additional assessment imposed by this section.
(f)

Processor Assessment Rate.—
Except as provided in section 1999P(b), the rate of assessment prescribed by the order shall be 20 cents per hundredweight of fluid milk products marketed.
SEC. 1999K.
[7 U.S.C. 6410]

PETITION AND REVIEW.
(a)

Petition.—
(1)

In general.—
A person subject to an order issued under this subtitle may file with the Secretary a petition—
(A)
stating that the order, any provision of the order, or any obligation imposed in connection with the order is not established in accordance with law; and
(B)
requesting a modification of the order or an exemption from the order.
(2)

Hearings.—
The petitioner shall be given the opportunity for a hearing on the petition, in accordance with regulations issued by the Secretary.
(3)

Ruling.—
After the hearing, the Secretary shall make a ruling on the petition, which shall be final if in accordance with law.
(b)

Review.—
(1)

Commencement of action.—
The district courts of the United States in any district in which the person who is a petitioner under subsection (a) resides or carries on business are hereby vested with jurisdiction to review the ruling on such person's petition, if a complaint for that purpose is filed within 20 days after the date of the entry of a ruling by the Secretary under subsection (a).
(2)

Process.—
Service of process in such proceedings shall be conducted in accordance with the Federal Rules of Civil Procedure.
(3)

Remands.—
If the court determines that such ruling is not in accordance with law, the court shall remand the matter to the Secretary with directions either—
(A)
to make such ruling as the court shall determine to be in accordance with law; or
(B)
to take such further proceedings as, in the opinion of the court, the law requires.
SEC. 1999L.
[7 U.S.C. 6411]

ENFORCEMENT.
(a)

Jurisdiction.—
The several district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain any person from violating, any order or regulation made or issued under this subtitle.
(b)

Referral to Attorney General.—
A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action, except that the Secretary is not required to refer to the Attorney General a violation of this subtitle, or any order or regulation issued under this subtitle, if the Secretary believes that the administration and enforcement of this subtitle would be adequately served by providing a suitable written notice or warning to the person who committed such violation or by administrative action under subsection (c).
(c)

Civil Penalties and Orders.—
(1)

Civil penalties.—
Any person who violates any provision of any order or regulation issued by the Secretary under this subtitle, or who fails or refuses to pay, collect, or remit any assessment or fee duly required of the person under the order or regulations, may be assessed—
(A)
a civil penalty by the Secretary of not less than $500 nor more than $5,000 for each such violation; or
(B)
in the case of a willful failure or refusal to pay, collect, or remit any assessment or fee duly required of the person under this subtitle or a regulation issued under this subtitle, a civil penalty by the Secretary of not less than $10,000 nor more than $100,000 for each such violation.
Each violation shall be a separate offense.
(2)

Cease-and-desist orders.—
In addition to, or in lieu of, a civil penalty, the Secretary may issue an order requiring the person to cease and desist from continuing such violation.
(3)

Notice and hearing.—
No penalty shall be assessed or cease-and-desist order issued by the Secretary unless the person against whom the penalty is assessed or the order issued is given notice and opportunity for a hearing before the Secretary with respect to such violation.
(4)

Finality.—
The order of the Secretary assessing a penalty or imposing a cease-and-desist order shall be final and conclusive unless the affected person files an appeal from the Secretary's order with the appropriate district court of the United States in accordance with subsection (d).
(d)

Review by District Court.—
(1)

Commencement of action.—
Any person against whom a violation is found and a civil penalty assessed or cease-and-desist order issued under subsection (c) may obtain review of the penalty or order by—
(A)
filing, within the 30-day period beginning on the date the penalty is assessed or order issued, a notice of appeal in—
(i)
the district court of the United States for the district in which the person resides or carries on business; or
(ii)
the United States District Court for the District of Columbia; and
(B)
simultaneously sending a copy of the notice by certified mail to the Secretary.
(2)

Record.—
The Secretary shall file promptly in such court a certified copy of the record on which the Secretary found that the person had committed a violation.
(3)

Standard of review.—
A finding of the Secretary shall be set aside only if the finding is found to be unsupported by substantial evidence.
(e)

Failure to Obey Orders.—
Any person who fails to obey a cease-and-desist order after the order has become final and unappealable, or after the appropriate United States district court has entered a final judgment in favor of the Secretary, shall be subject to a civil penalty assessed by the Secretary, after opportunity for a hearing and for judicial review under the procedures specified in subsections (c) and (d), of not more than $5,000 for each offense. Each day during which the failure continues shall be considered as a separate violation of such order.
(f)

Failure to Pay Penalties.—
If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate United States district court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General for recovery of the amount assessed in the district court in which the person resides or conducts business. In the action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.
(g)

Additional Remedies.—
The remedies provided in this subtitle shall be in addition to, and not exclusive of, other remedies that may be available.
SEC. 1999M.
[7 U.S.C. 6412]

INVESTIGATIONS AND POWER TO SUBPOENA.
(a)

Investigations.—
The Secretary may make such investigations as the Secretary considers necessary—
(1)
for the effective administration of this subtitle; or
(2)
to determine whether any person has engaged or is engaging in any act that constitutes a violation of this subtitle, or any order, rule, or regulation issued under this subtitle.
(b)

Subpoenas, Oaths, and Affirmations.—
(1)

In general.—
For the purpose of an investigation under subsection (a), the Secretary may administer oaths and affirmations, and issue a subpoena to require the production of any records that are relevant to the inquiry. The production of any such records may be required from any place in the United States.
(2)

Administrative hearings.—
For the purpose of an administrative hearing held under section 1999K or 1999L, the presiding officer is authorized to administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any records that are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States.
(c)

Aid of Courts.—
In the case of contumacy by, or refusal to obey a subpoena issued to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in order to enforce a subpoena issued by the Secretary under subsection (b). The court may issue an order requiring such person to comply with such a subpoena.
(d)

Contempt.—
Any failure to obey such order of the court may be punished by such court as a contempt thereof.
(e)

Process.—
Process in any such case may be served in the judicial district in which such person resides or conducts business or wherever such person may be found.
(f)

Hearing Site.—
The site of any hearings held under section 1999K or 1999L shall be within the judicial district where such person resides or has a principal place of business.
SEC. 1999N.
[7 U.S.C. 6413]

REQUIREMENT OF INITIAL REFERENDUM.
(a)

In General.—
Within the 60-day period immediately preceding the effective date of an order issued under section 1999F(a), the Secretary shall conduct a referendum among fluid milk processors to ascertain whether the order shall go into effect.
(b)

Implementation.—
If, as a result of the referendum conducted under subsection (a), the Secretary determines that implementation of the order is favored—
(1)
by at least 50 percent of fluid milk processors voting in the referendum; and
(2)
by fluid milk processors voting in the referendum that marketed during the representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the order shall become effective as provided in section 1999F(b).
(c)

Costs of Referendum.—
The Secretary shall be reimbursed from any assessments collected by the Board for any expenses incurred by the Department in connection with the conduct of any referendum under this subtitle.
(d)

Manner.—
(1)

In general.—
Referenda conducted pursuant to this subtitle shall be conducted in a manner determined by the Secretary.
(2)

Advance registration.—
A fluid milk processor who chooses to vote in any referendum conducted under this subtitle shall register with the Secretary prior to the voting period, after receiving notice from the Secretary concerning the referendum under paragraph (4).
(3)

Voting.—
A fluid milk processor who votes in any referendum conducted under this subtitle shall vote in accordance with procedures established by the Secretary. The ballots and other information or reports that reveal or tend to reveal the vote of any processor shall be held strictly confidential.
(4)

Notice.—
The Secretary shall notify all processors at least 30 days prior to a referendum conducted under this subtitle. The notice shall explain the procedure established under this subsection.
SEC. 1999O.
[7 U.S.C. 6414]

SUSPENSION OR TERMINATION OF ORDERS.
(a)

Suspension or Termination by Secretary.—
The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this subtitle, terminate or suspend the operation of the order or provision.
(b)

Other Referenda.—
(1)

In general.—
The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on whether to suspend or terminate the order, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the preceding referendum.
(2)

Suspension or termination.—
If the Secretary determines that the suspension or termination is favored—
(A)
by at least 50 percent of fluid milk processors voting in the referendum; and
(B)
by fluid milk processors voting in the referendum that marketed during a representative period, as determined by the Secretary, 40 percent or more of the volume of fluid milk products marketed by fluid milk processors voting in the referendum;
the Secretary shall, within 6 months after making the determination, suspend or terminate, as appropriate, collection of assessments under the order, and suspend or terminate, as appropriate, activities under the order in an orderly manner as soon as practicable.
(3)

Costs; manner.—
Subsections (c) and (d) of section 1999N shall apply to a referendum conducted under this subsection.
SEC. 1999P.
[7 U.S.C. 6415]

AMENDMENTS.
(a)

Amendments to Order.—
Subject to subsection (b), the Secretary may issue such amendments to an order as may be necessary to carry out this subtitle.
(b)

Amendment to Assessment Rates.—
(1)

In general.—
The Secretary may conduct at any time a referendum of persons who, during a representative period as determined by the Secretary, have been fluid milk processors on adjusting the assessment rate under the order issued under this subtitle then in effect, and shall hold such a referendum on request of the Board or any group of such processors that among them marketed during a representative period, as determined by the Secretary, 10 percent or more of the volume of fluid milk products marketed by all processors.
(2)

Adjustment to assessment rate.—
The Secretary shall adjust the assessment rate under the order whenever the Secretary determines that the adjustment is favored—
(A)
by at least 50 percent of fluid milk processors voting in the referendum; and
(B)
by fluid milk processors that marketed during a representative period, as determined by the Secretary, 60 percent or more of the volume of fluid milk products marketed by all processors;
In no event shall the rate of assessment prescribed by the order exceed 20 cents per hundredweight.
(3)

Effective date.—
The adjusted assessment rate shall be effective on a date, as determined by the Secretary, after the results of the referendum are known, but not later than 30 days after the referendum.
(4)

Costs; manner.—
Subsections (c) and (d) of section 1999N shall apply to a referendum conducted under this subsection.
SEC. 1999Q.
[7 U.S.C. 6416]

INDEPENDENT EVALUATION OF PROGRAMS.
(a)

Review and Evaluation.—
The Comptroller General of the United States shall review and evaluate the order to—
(1)
determine the effectiveness of the promotion program conducted under this subtitle on fluid milk sales;
(2)
determine if the assessments for the program have been passed back to milk producers by fluid milk processors; and
(3)
make recommendations for future funding and assessment levels for the program.
(b)

Report to Congress.—
The Comptroller General shall submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the valuations made under this section no later than January 1, 1995.
SEC. 1999R.
[7 U.S.C. 6417]

AUTHORIZATION OF APPROPRIATIONS.
(a)

In General.—
There are authorized to be appropriated for each fiscal year such funds as are necessary to carry out this subtitle.
(b)

Administrative Expenses.—
The funds so appropriated shall not be available for payment of the expenses or expenditures of the Board in administering any provision of any order issued under this subtitle.
* * * * * * *
TITLE XXI—

ORGANIC CERTIFICATION
SEC. 2101.
[7 U.S.C. 6501 note]

SHORT TITLE.
This title may be cited as the “Organic Foods Production Act of 1990”.
SEC. 2102.
[7 U.S.C. 6501]

PURPOSES.
It is the purpose of this title—
(1)
to establish national standards governing the marketing of certain agricultural products as organically produced products;
(2)
to assure consumers that organically produced products meet a consistent standard; and
(3)
to facilitate interstate commerce in fresh and processed food that is organically produced.
SEC. 2103.
[7 U.S.C. 6502]

DEFINITIONS.
As used in this title:
(1)

Agricultural product.—
The term “agricultural product” means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock that is marketed in the United States for human or livestock consumption.
(2)

Botanical pesticides.—
The term “botanical pesticides” means natural pesticides derived from plants.
(3)

Certifying agent.—
(A)

In general.—
The term “certifying agent” means the chief executive officer of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, and any person (including private entities) who is accredited by the Secretary as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation in accordance with this title.
(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.
(4)

Certified organic farm.—
The term “certified organic farm” means a farm, or portion of a farm, or site where agricultural products or livestock are produced, that is certified by the certifying agent under this title as utilizing a system of organic farming as described by this title.
(5)

Certified organic handling operation.—
The term “certified organic handling operation” means any operation, or portion of any handling operation, that is certified by the certifying agent under this title as utilizing a system of organic handling as described under this title.
(6)

Crop year.—
The term “crop year” means the normal growing season for a crop as determined by the Secretary.
(7)

Governing state official.—
The term “governing State official” means the chief executive official of a State or, in the case of a State that provides for the Statewide election of an official to be responsible solely for the administration of the agricultural operations of the State, such official, who administers an organic certification program under this title.
(8)

Handle.—
The term “handle” means to sell, process or package agricultural products.
(9)

Handler.—
The term “handler” means any person engaged in the business of handling agricultural products, except such term shall not include final retailers of agricultural products that do not process agricultural products.
(10)

Handling operation.—
The term “handling operation” means any operation or portion of an operation (except final retailers of agricultural products that do not process agricultural products) that—
(A)
receives or otherwise acquires agricultural products; and
(B)
processes, packages, or stores such products.
(11)

Livestock.—
The term “livestock” means any cattle, sheep, goats, swine, poultry, equine animals used for food or in the production of food, fish used for food, wild or domesticated game, or other nonplant life.
(12)

National list.—
The term “national list” means a list of approved and prohibited substances as provided for in section 2118.
(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.
(14)

Organic plan.—
The term “organic plan” means a plan of management of an organic farming or handling operation that has been agreed to by the producer or handler and the certifying agent and that includes written plans concerning all aspects of agricultural production or handling described in this title including crop rotation and other practices as required under this title.
(15)

Organically produced.—
The term “organically produced” means an agricultural product that is produced and handled in accordance with this title.
(16)

Person.—
The term “person” means an individual, group of individuals, corporation, association, organization, cooperative, or other entity.
(17)

Pesticide.—
The term “pesticide” means any substance which alone, in chemical combination, or in any formulation with one or more substances, is defined as a pesticide in the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(18)

Processing.—
The term “processing” means cooking, baking, heating, drying, mixing, grinding, churning, separating, extracting, cutting, fermenting, eviscerating, preserving, dehydrating, freezing, or otherwise manufacturing, and includes the packaging, canning, jarring, or otherwise enclosing food in a container.
(19)

Producer.—
The term “producer” means a person who engages in the business of growing or producing food or feed.
(20)

Secretary.—
The term “Secretary” means the Secretary of Agriculture.
(21)

State organic certification program.—
The term “State organic certification program” means a program that meets the requirements of section 2107, is approved by the Secretary, and that is designed to ensure that a product that is sold or labeled as “organically produced” under this title is produced and handled using organic methods.
(22)

Synthetic.—
The term “synthetic” means a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes.
SEC. 2104.
[7 U.S.C. 6503]

NATIONAL ORGANIC PRODUCTION PROGRAM.
(a)

In General.—
The Secretary shall establish an organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this title.
(b)

State Program.—
In establishing the program under subsection (a), the Secretary shall permit each State to implement a State organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided for in this title.
(c)

Consultation.—
In developing the program under subsection (a), and the National List under section 2118, the Secretary shall consult with the National Organic Standards Board established under section 2119.
(d)

Certification.—
The Secretary shall implement the program established under subsection (a) through certifying agents. Such certifying agents may certify a farm or handling operation that meets the requirements of this title and the requirements of the organic certification program of the State (if applicable) as an organically certified farm or handling operation.
SEC. 2105.
[7 U.S.C. 6504]

NATIONAL STANDARDS FOR ORGANIC PRODUCTION.
To be sold or labeled as an organically produced agricultural product under this title, an agricultural product shall—
(1)
have been produced and handled without the use of synthetic chemicals, except as otherwise provided in this title;
(2)
except as otherwise provided in this title and excluding livestock, not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products; and
(3)
be produced and handled in compliance with an organic plan agreed to by the producer and handler of such product and the certifying agent.
SEC. 2106.
[7 U.S.C. 6505]

COMPLIANCE REQUIREMENTS.
(a)

Domestic Products.—
(1)

In general.—
On or after October 1, 1993—
(A)
a person may sell or label an agricultural product as organically produced only if such product is produced and handled in accordance with this title; and
(B)
no person may affix a label to, or provide other market information concerning, an agricultural product if such label or information implies, directly or indirectly, that such product is produced and handled using organic methods, except in accordance with this title.
(2)

USDA standards and seal.—
A label affixed, or other market information provided, in accordance with paragraph (1) may indicate that the agricultural product meets Department of Agriculture standards for organic production and may incorporate the Department of Agriculture seal.
(b)

Imported Products.—
Imported agricultural products may be sold or labeled as organically produced if the Secretary determines that such products have been produced and handled under an organic certification program that provides safeguards and guidelines governing the production and handling of such products that are at least equivalent to the requirements of this title.
(c)

Exemptions for Processed Food.—
Subsection (a) shall not apply to agricultural products that—
(1)
contain at least 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to be used on the principal display panel of such products only for the purpose of describing the organically produced ingredients; or
(2)
contain less than 50 percent organically produced ingredients by weight, excluding water and salt, to the extent that the Secretary, in consultation with the National Organic Standards Board and the Secretary of Health and Human Services, has determined to permit the word “organic” to appear on the ingredient listing panel to describe those ingredients that are organically produced in accordance with this title.
(d)

Small Farmer Exemption.—
Subsection (a)(1) shall not apply to persons who sell no more than $5,000 annually in value of agricultural products.
SEC. 2107.
[7 U.S.C. 6506]

GENERAL REQUIREMENTS.
(a)

In General.—
A program established under this title shall—
(1)
provide that an agricultural product to be sold or labeled as organically produced must—
(A)
be produced only on certified organic farms and handled only through certified organic handling operations in accordance with this title; and
(B)
be produced and handled in accordance with such program;
(2)
require that producers and handlers desiring to participate under such program establish an organic plan under section 2114;
(3)
provide for procedures that allow producers and handlers to appeal an adverse administrative determination under this title;
(4)
require each certified organic farm or each certified organic handling operation to certify to the Secretary, the governing State official (if applicable), and the certifying agent on an annual basis, that such farm or handler has not produced or handled any agricultural product sold or labeled as organically produced except in accordance with this title;
(5)
provide for annual on-site inspection by the certifying agent of each farm and handling operation that has been certified under this title;
(6)
require periodic residue testing by certifying agents of agricultural products that have been produced on certified organic farms and handled through certified organic handling operations to determine whether such products contain any pesticide or other nonorganic residue or natural toxicants and to require certifying agents, to the extent that such agents are aware of a violation of applicable laws relating to food safety, to report such violation to the appropriate health agencies;
(7)
provide for appropriate and adequate enforcement procedures, as determined by the Secretary to be necessary and consistent with this title;
(8)
protect against conflict-of-interest as specified under section 2116(g);
(9)
provide for public access to certification documents and laboratory analyses that pertain to certification;
(10)
provide for the collection of reasonable fees from producers, certifying agents and handlers who participate in such program; and
(11)
require such other terms and conditions as may be determined by the Secretary to be necessary.
(b)

Discretionary Requirements.—
An organic certification program established under this title may—
(1)
provide for the certification of an entire farm or handling operation or specific fields of a farm or parts of a handling operation if—
(A)
in the case of a farm or field, the area to be certified has distinct, defined boundaries and buffer zones separating the land being operated through the use of organic methods from land that is not being operated through the use of such methods;
(B)
the operators of such farm or handling operation maintain records of all organic operations separate from records relating to other operations and make such records available at all times for inspection by the Secretary, the certifying agent, and the governing State official; and
(C)
appropriate physical facilities, machinery, and management practices are established to prevent the possibility of a mixing of organic and nonorganic products or a penetration of prohibited chemicals or other substances on the certified area; and
(2)
provide for reasonable exemptions from specific requirements of this title (except the provisions of section 2112) with respect to agricultural products produced on certified organic farms if such farms are subject to a Federal or State emergency pest or disease treatment program.
(c)

Wild Seafood.—
(1)

In general.—
Notwithstanding the requirement of section 2107(a)(1)(A) requiring products be produced only on certified organic farms, the Secretary shall allow, through regulations promulgated after public notice and opportunity for comment, wild seafood to be certified or labeled as organic.
(2)

Consultation and accommodation.—
In carrying out paragraph (1), the Secretary shall—
(A)
consult with—
(i)
the Secretary of Commerce;
(ii)
the National Organic Standards Board established under section 2119;
(iii)
producers, processors, and sellers; and
(iv)
other interested members of the public; and
(B)
to the maximum extent practicable, accommodate the unique characteristics of the industries in the United States that harvest and process wild seafood.
(d)

State Program.—
A State organic certification program approved under this title may contain additional guidelines governing the production or handling of products sold or labeled as organically produced in such State as required in section 2108.
(e)

Availability of Fees.—
(1)

Account.—
Fees collected under subsection (a)(10) (including late payment penalties and interest earned from investment of the fees) shall be credited to the account that incurs the cost of the services provided under this title.
(2)

Use.—
The collected fees shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of the Secretary incurred in providing accreditation services under this title.
SEC. 2108.
[7 U.S.C. 6507]

STATE ORGANIC CERTIFICATION PROGRAM.
(a)

In General.—
The governing State official may prepare and submit a plan for the establishment of a State organic certification program to the Secretary for approval. A State organic certification program must meet the requirements of this title to be approved by the Secretary.
(b)

Additional Requirements.—
(1)

Authority.—
A State organic certification program established under subsection (a) may contain more restrictive requirements governing the organic certification of farms and handling operations and the production and handling of agricultural products that are to be sold or labeled as organically produced under this title than are contained in the program established by the Secretary.
(2)

Content.—
Any additional requirements established under paragraph (1) shall—
(A)
further the purposes of this title;
(B)
not be inconsistent with this title;
(C)
not be discriminatory towards agricultural commodities organically produced in other States in accordance with this title; and
(D)
not become effective until approved by the Secretary.
(c)

Review and Other Determinations.—
(1)

Subsequent review.—
The Secretary shall review State organic certification programs not less than once during each 5-year period following the date of the approval of such programs.
(2)

Changes in program.—
The governing State official, prior to implementing any substantive change to programs approved under this subsection, shall submit such change to the Secretary for approval.
(3)

Time for determination.—
The Secretary shall make a determination concerning any plan, proposed change to a program, or a review of a program not later than 6 months after receipt of such plan, such proposed change, or the initiation of such review.
SEC. 2109.
[7 U.S.C. 6508]

PROHIBITED CROP PRODUCTION PRACTICES AND MATERIALS.
(a)

Seed, Seedlings and Planting Practices.—
For a farm to be certified under this title, producers on such farm shall not apply materials to, or engage in practices on, seeds or seedlings that are contrary to, or inconsistent with, the applicable organic certification program.
(b)

Soil Amendments.—
For a farm to be certified under this title, producers on such farm shall not—
(1)
use any fertilizers containing synthetic ingredients or any commercially blended fertilizers containing materials prohibited under this title or under the applicable State organic certification program; or
(2)
use as a source of nitrogen: phosphorous, lime, potash, or any materials that are inconsistent with the applicable organic certification program.
(c)

Crop Management.—
For a farm to be certified under this title, producers on such farm shall not—
(1)
use natural poisons such as arsenic or lead salts that have long-term effects and persist in the environment, as determined by the applicable governing State official or the Secretary;
(2)
use plastic mulches, unless such mulches are removed at the end of each growing or harvest season; or
(3)
use transplants that are treated with any synthetic or prohibited material.
SEC. 2110.
[7 U.S.C. 6509]

ANIMAL PRODUCTION PRACTICES AND MATERIALS.
(a)

In General.—
Any livestock that is to be slaughtered and sold or labeled as organically produced shall be raised in accordance with this title.
(b)

Breeder Stock.—
Breeder stock may be purchased from any source if such stock is not in the last third of gestation.
(c)

Practices.—
For a farm to be certified under this title as an organic farm with respect to the livestock produced by such farm, producers on such farm—
(1)
shall feed such livestock organically produced feed that meets the requirements of this title;
(2)
shall not use the following feed—
(A)
plastic pellets for roughage;
(B)
manure refeeding; or
(C)
feed formulas containing urea; and
(3)
shall not use growth promoters and hormones on such livestock, whether implanted, ingested, or injected, including antibiotics and synthetic trace elements used to stimulate growth or production of such livestock.
(d)

Health Care.—
(1)

Prohibited practices.—
For a farm to be certified under this title as an organic farm with respect to the livestock produced by such farm, producers on such farm shall not—
(A)
use subtherapeutic doses of antibiotics;
(B)
use synthetic internal parasiticides on a routine basis; or
(C)
administer medication, other than vaccinations, in the absence of illness.
(2)

Standards.—
The National Organic Standards Board shall recommend to the Secretary standards in addition to those in paragraph (1) for the care of livestock to ensure that such livestock is organically produced.
(e)

Additional Guidelines.—
(1)

Poultry.—
With the exception of day old poultry, all poultry from which meat or eggs will be sold or labeled as organically produced shall be raised and handled in accordance with this title prior to and during the period in which such meat or eggs are sold.
(2)

Dairy livestock.—
(A)

In general.—
Except as provided in subparagraph (B), a dairy animal from which milk or milk products will be sold or labeled as organically produced shall be raised and handled in accordance with this title for not less than the 12-month period immediately prior to the sale of such milk and milk products.
(B)

Transition guideline.—
Crops and forage from land included in the organic system plan of a dairy farm that is in the third year of organic management may be consumed by the dairy animals of the farm during the 12-month period immediately prior to the sale of organic milk and milk products.
(f)

Livestock Identification.—
(1)

In general.—
For a farm to be certified under this title as an organic farm with respect to the livestock produced by such farm, producers on such farm shall keep adequate records and maintain a detailed, verifiable audit trail so that each animal (or in the case of poultry, each flock) can be traced back to such farm.
(2)

Records.—
In order to carry out paragraph (1), each producer shall keep accurate records on each animal (or in the case of poultry, each flock) including—
(A)
amounts and sources of all medications administered; and
(B)
all feeds and feed supplements bought and fed.
(g)

Notice and Public Comment.—
The Secretary shall hold public hearings and shall develop detailed regulations, with notice and public comment, to guide the implementation of the standards for livestock products provided under this section.
SEC. 2111.
[7 U.S.C. 6510]

HANDLING.
(a)

In General.—
For a handling operation to be certified under this title, each person on such handling operation shall not, with respect to any agricultural product covered by this title—
(1)
add any synthetic ingredient not appearing on the National List during the processing or any postharvest handling of the product;
(2)
add any ingredient known to contain levels of nitrates, heavy metals, or toxic residues in excess of those permitted by the applicable organic certification program;
(3)
add any sulfites, except in the production of wine, nitrates, or nitrites;
(4)
add any ingredients that are not organically produced in accordance with this title and the applicable organic certification program, unless such ingredients are included on the National List and represent not more than 5 percent of the weight of the total finished product (excluding salt and water);
(5)
use any packaging materials, storage containers or bins that contain synthetic fungicides, preservatives, or fumigants;
(6)
use any bag or container that had previously been in contact with any substance in such a manner as to compromise the organic quality of such product; or
(7)
use, in such product water that does not meet all Safe Drinking Water Act requirements.
(b)

Meat.—
For a farm or handling operation to be organically certified under this title, producers on such farm or persons on such handling operation shall ensure that organically produced meat does not come in contact with nonorganically produced meat.
SEC. 2112.
[7 U.S.C. 6511]

ADDITIONAL GUIDELINES.
(a)

In General.—
The Secretary, the applicable governing State official, and the certifying agent shall utilize a system of residue testing to test products sold or labeled as organically produced under this title to assist in the enforcement of this title.
(b)

Preharvest Testing.—
The Secretary, the applicable governing State official, or the certifying agent may require preharvest tissue testing of any crop grown on soil suspected of harboring contaminants.
(c)

Compliance Review.—
(1)

Inspection.—
If the Secretary, the applicable governing State official, or the certifying agent determines that an agricultural product sold or labeled as organically produced under this title contains any detectable pesticide or other non-organic residue or prohibited natural substance the Secretary, the applicable governing State official, or the certifying agent shall conduct an investigation to determine if the organic certification program has been violated, and may require the producer or handler of such product to prove that any prohibited substance was not applied to such product.
(2)

Removal of organic label.—
If, as determined by the Secretary, the applicable governing State official, or the certifying agent, the investigation conducted under paragraph (1) indicates that the residue is—
(A)
the result of intentional application of a prohibited substance; or
(B)
present at levels that are greater than unavoidable residual environmental contamination as prescribed by the Secretary or the applicable governing State official in consultation with the appropriate environmental regulatory agencies;
such agricultural product shall not be sold or labeled as organically produced under this title.
SEC. 2113.
[7 U.S.C. 6512]

OTHER PRODUCTION AND HANDLING PRACTICES.
If a production or handling practice is not prohibited or otherwise restricted under this title, such practice shall be permitted unless it is determined that such practice would be inconsistent with the applicable organic certification program.
SEC. 2114.
[7 U.S.C. 6513]

ORGANIC PLAN.
(a)

In General.—
A producer or handler seeking certification under this title shall submit an organic plan to the certifying agent and the State organic certification program (if applicable), and such plan shall be reviewed by the certifying agent who shall determine if such plan meets the requirements of the programs.
(b)

Crop Production Farm Plan.—
(1)

Soil fertility.—
An organic plan shall contain provisions designed to foster soil fertility, primarily through the management of the organic content of the soil through proper tillage, crop rotation, and manuring.
(2)

Manuring.—
(A)

Inclusion in organic plan.—
An organic plan shall contain terms and conditions that regulate the application of manure to crops.
(B)

Application of manure.—
Such organic plan may provide for the application of raw manure only to—
(i)
any green manure crop;
(ii)
any perennial crop;
(iii)
any crop not for human consumption; and
(iv)
any crop for human consumption, if such crop is harvested after a reasonable period of time determined by the certifying agent to ensure the safety of such crop, after the most recent application of raw manure, but in no event shall such period be less than 60 days after such application.
(C)

Contamination by manure.—
Such organic plan shall prohibit raw manure from being applied to any crop in a way that significantly contributes to water contamination by nitrates or bacteria.
(c)

Livestock Plan.—
An organic livestock plan shall contain provisions designed to foster the organic production of livestock consistent with the purposes of this title.
(d)

Mixed Crop Livestock Production.—
An organic plan may encompass both the crop production and livestock production requirements in subsections (b) and (c) if both activities are conducted by the same producer.
(e)

Handling Plan.—
An organic handling plan shall contain provisions designed to ensure that agricultural products that are sold or labeled as organically produced are produced and handled in a manner that is consistent with the purposes of this title.
(f)

Management of Wild Crops.—
An organic plan for the harvesting of wild crops shall—
(1)
designate the area from which the wild crop will be gathered or harvested;
(2)
include a 3 year history of the management of the area showing that no prohibited substances have been applied;
(3)
include a plan for the harvesting or gathering of the wild crops assuring that such harvesting or gathering will not be destructive to the environment and will sustain the growth and production of the wild crop; and
(4)
include provisions that no prohibited substances will be applied by the producer.
(g)

Limitation on Content of Plan.—
An organic plan shall not include any production or handling practices that are inconsistent with this title.
SEC. 2115.
[7 U.S.C. 6514]

ACCREDITATION PROGRAM.
(a)

In General.—
The Secretary shall establish and implement a program to accredit a governing State official, and any private person, that meets the requirements of this section as a certifying agent for the purpose of certifying a farm or handling operation as a certified organic farm or handling operation.
(b)

Requirements.—
To be accredited as a certifying agent under this section, a governing State official or private person shall—
(1)
prepare and submit, to the Secretary, an application for such accreditation;
(2)
have sufficient expertise in organic farming and handling techniques as determined by the Secretary; and
(3)
comply with the requirements of this section and section 2116.
(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.
SEC. 2116.
[7 U.S.C. 6515]

REQUIREMENTS OF CERTIFYING AGENTS.
(a)

Ability To Implement Requirements.—
To be accredited as a certifying agent under section 2115, a governing State official or a person shall be able to fully implement the applicable organic certification program established under this title.
(b)

Inspectors.—
Any certifying agent shall employ a sufficient number of inspectors to implement the applicable organic certification program established under this title, as determined by the Secretary.
(c)

Agreement.—
Any certifying agent shall enter into an agreement with the Secretary under which such agent shall—
(1)
agree to carry out the provisions of this title; and
(2)
agree to such other terms and conditions as the Secretary determines appropriate.
(d)

Private Certifying Agent Agreement.—
Any certifying agent that is a private person shall, in addition to the agreement required in subsection (c)—
(1)
agree to hold the Secretary harmless for any failure on the part of the certifying agent to carry out the provisions of this title; and
(2)
furnish reasonable security, in an amount determined by the Secretary, for the purpose of protecting the rights of participants in the applicable organic certification program established under this title.
(e)

Compliance With Program.—
Any certifying agent shall fully comply with the terms and conditions of the applicable organic certification program implemented under this title.
(f)

Confidentiality.—
Except as provided in section 2107(a)(9), any certifying agent shall maintain strict confidentiality with respect to its clients under the applicable organic certification program and may not disclose to third parties (with the exception of the Secretary or the applicable governing State official) any business related information concerning such client obtained while implementing this title.
(g)

Conflict of Interest.—
Any certifying agent shall not—
(1)
carry out any inspections of any operation in which such certifying agent, or employee of such certifying agent has, or has had, a commercial interest, including the provision of consultancy services;
(2)
accept payment, gifts, or favors of any kind from the business inspected other than prescribed fees; or
(3)
provide advice concerning organic practices or techniques for a fee, other than fees established under such program.
(h)

Administrator.—
A certifying agent that is a private person shall nominate the individual who controls the day-to-day operation of the agent.
(i)

Loss of Accreditation.—
(1)

Noncompliance.—
If the Secretary or the governing State official (if applicable) determines that a certifying agent or an entity acting as an agent of the certifying agent is not properly adhering to the provisions of this title, the Secretary or such governing State official may suspend such certifying agent's accreditation.
(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.
(3)

Effect on certified operations.—
If the accreditation of a certifying agent is suspended under paragraph (1), the Secretary or the governing State official (if applicable) shall promptly determine whether farming or handling operations certified by such certifying agent may retain their organic certification.
(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.
SEC. 2117.
[7 U.S.C. 6516]

PEER REVIEW OF CERTIFYING AGENTS.
(a)

Peer Review.—
In determining whether to approve an application for accreditation submitted under section 2115, the Secretary shall consider a report concerning such applicant that shall be prepared by a peer review panel established under subsection (b).
(b)

Peer Review Panel.—
To assist the Secretary in evaluating applications under section 2115, the Secretary may establish a panel of not less than three persons who have expertise in organic farming and handling methods, to evaluate the State governing official or private person that is seeking accreditation as a certifying agent under such section. Not less than two members of such panel shall be persons who are not employees of the Department of Agriculture or of the applicable State government.
SEC. 2118.
[7 U.S.C. 6517]

NATIONAL LIST.
(a)

In General.—
The Secretary shall establish a National List of approved and prohibited substances that shall be included in the standards for organic production and handling established under this title in order for such products to be sold or labeled as organically produced under this title.
(b)

Content of List.—
The list established under subsection (a) shall contain an itemization, by specific use or application, of each synthetic substance permitted under subsection (c)(1) or each natural substance prohibited under subsection (c)(2).
(c)

Guidelines for Prohibitions or Exemptions.—
(1)

Exemption for prohibited substances in organic production and handling operations.—
The National List may provide for the use of substances in an organic farming or handling operation that are otherwise prohibited under this title only if—
(A)
the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—
(i)
would not be harmful to human health or the environment;
(ii)
is necessary to the production or handling of the agricultural product because of the unavailability of wholly natural substitute products; and
(iii)
is consistent with organic farming and handling;
(B)
the substance—
(i)
is used in production and contains an active synthetic ingredient in the following categories: copper and sulfur compounds; toxins derived from bacteria; pheromones, soaps, horticultural oils, fish emulsions, treated seed, vitamins and minerals; livestock parasiticides and medicines and production aids including netting, tree wraps and seals, insect traps, sticky barriers, row covers, and equipment cleansers; or
(ii)
is used in production and contains synthetic inert ingredients that are not classified by the Administrator of the Environmental Protection Agency as inerts of toxicological concern; and
(C)
the specific exemption is developed using the procedures described in subsection (d).
(2)

Prohibition on the use of specific natural substances.—
The National List may prohibit the use of specific natural substances in an organic farming or handling operation that are otherwise allowed under this title only if—
(A)
the Secretary determines, in consultation with the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, that the use of such substances—
(i)
would be harmful to human health or the environment; and
(ii)
is inconsistent with organic farming or handling, and the purposes of this title; and
(B)
the specific prohibition is developed using the procedures specified in subsection (d).
(d)

Procedure for Establishing National List.—
(1)

In general.—
The National List established by the Secretary shall be based upon a proposed national list or proposed amendments to the National List developed by the National Organic Standards Board.
(2)

No additions.—
The Secretary may not include exemptions for the use of specific synthetic substances in the National List other than those exemptions contained in the Proposed National List or Proposed Amendments to the National List.
(3)

Prohibited substances.—
In no instance shall the National List include any substance, the presence of which in food has been prohibited by Federal regulatory action.
(4)

Notice and comment.—
Before establishing the National List or before making any amendments to the National List, the Secretary shall publish the Proposed National List or any Proposed Amendments to the National List in the Federal Register and seek public comment on such proposals. The Secretary shall include in such Notice any changes to such proposed list or amendments recommended by the Secretary.
(5)

Publication of national list.—
After evaluating all comments received concerning the Proposed National List or Proposed Amendments to the National List, the Secretary shall publish the final National List in the Federal Register, along with a discussion of comments received.
(6)

Expedited petitions for commercially unavailable organic agricultural products constituting less than 5 percent of an organic processed product.—
The Secretary may develop emergency procedures for designating agricultural products that are commercially unavailable in organic form for placement on the National List for a period of time not to exceed 12 months.
(e)

Sunset Provision.—
No exemption or prohibition contained in the National List shall be valid unless the National Organic Standards Board has reviewed such exemption or prohibition as provided in this section within 5 years of such exemption or prohibition being adopted or reviewed and the Secretary has renewed such exemption or prohibition.
SEC. 2119.
[7 U.S.C. 6518]

NATIONAL ORGANIC STANDARDS BOARD.
(a)

In General.—
The Secretary shall establish a National Organic Standards Board (hereafter referred to in this section as the “Board”) in accordance with chapter 10 of title 5, United States Code, to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this title.
(b)

Composition of Board.—
The Board shall be composed of 15 members, of which—
(1)
four shall be individuals who own or operate an organic farming operation, or employees of such individuals;
(2)
two shall be individuals who own or operate an organic handling operation, or employees of such individuals;
(3)
one shall be an individual who owns or operates a retail establishment with significant trade in organic products, or an employee of such individual;
(4)
three shall be individuals with expertise in areas of environmental protection and resource conservation;
(5)
three shall be individuals who represent public interest or consumer interest groups;
(6)
one shall be an individual with expertise in the fields of toxicology, ecology, or biochemistry; and
(7)
one shall be an individual who is a certifying agent as identified under section 2116.
(c)

Appointment.—
Not later than 180 days after the date of enactment of this title, the Secretary shall appoint the members of the Board under paragraph (1) through (6) of subsection (b) (and under subsection (b)(7) at an appropriate date after the certification of individuals as certifying agents under section 2116) from nominations received from organic certifying organizations, States, and other interested persons and organizations.
(d)

Term.—
A member of the Board shall serve for a term of 5 years, except that the Secretary shall appoint the original members of the Board for staggered terms. A member cannot serve consecutive terms unless such member served an original term that was less than 5 years.
(e)

Meetings.—
The Secretary shall convene a meeting of the Board not later than 60 days after the appointment of its members and shall convene subsequent meetings on a periodic basis.
(f)

Compensation and Expenses.—
A member of the Board shall serve without compensation. While away from their homes or regular places of business on the business of the Board, members of the Board may be allowed travel expenses, including per diem in lieu of subsistence, as is authorized under section 5703 of title 5, United States Code, for persons employed intermittently in the Government service.
(g)

Chairperson.—
The Board shall select a Chairperson for the Board.
(h)

Quorum.—
A majority of the members of the Board shall constitute a quorum for the purpose of conducting business.
(i)

Decisive Votes.—
(1)

In general.—
2/3 of the votes cast at a meeting of the Board at which a quorum is present shall be decisive of any motion.
(2)

National list.—
Any vote on a motion proposing to amend the national list shall be considered to be a decisive vote that requires ⅔ of the votes cast at a meeting of the Board at which a quorum is present to prevail.
(j)

Other Terms and Conditions.—
The Secretary shall authorize the Board to hire a staff director and shall detail staff of the Department of Agriculture or allow for the hiring of staff and may, subject to necessary appropriations, pay necessary expenses incurred by such Board in carrying out the provisions of this title, as determined appropriate by the Secretary.
(k)

Responsibilities of the Board.—
(1)

In general.—
The Board shall provide recommendations to the Secretary regarding the implementation of this title.
(2)

National list.—
The Board shall develop the proposed National List or proposed amendments to the National List for submission to the Secretary in accordance with section 2118.
(3)

Technical advisory panels.—
The Board shall convene technical advisory panels to provide scientific evaluation of the materials considered for inclusion in the National List. Such panels may include experts in agronomy, entomology, health sciences and other relevant disciplines.
(4)

Special review of botanical pesticides.—
The Board shall, prior to the establishment of the National List, review all botanical pesticides used in agricultural production and consider whether any such botanical pesticide should be included in the list of prohibited natural substances.
(5)

Product residue testing.—
The Board shall advise the Secretary concerning the testing of organically produced agricultural products for residues caused by unavoidable residual environmental contamination.
(6)

Emergency spray programs.—
The Board shall advise the Secretary concerning rules for exemptions from specific requirements of this title (except the provisions of section 2112) with respect to agricultural products produced on certified organic farms if such farms are subject to a Federal or State emergency pest or disease treatment program.
(l)

Requirements.—
In establishing the proposed National List or proposed amendments to the National List, the Board shall—
(1)
review available information from the Environmental Protection Agency, the National Institute of Environmental Health Studies, and such other sources as appropriate, concerning the potential for adverse human and environmental effects of substances considered for inclusion in the proposed National List;
(2)
work with manufacturers of substances considered for inclusion in the proposed National List to obtain a complete list of ingredients and determine whether such substances contain inert materials that are synthetically produced; and
(3)
submit to the Secretary, along with the proposed National List or any proposed amendments to such list, the results of the Board's evaluation and the evaluation of the technical advisory panel of all substances considered for inclusion in the National List.
(m)

Evaluation.—
In evaluating substances considered for inclusion in the proposed National List or proposed amendment to the National List, the Board shall consider—
(1)
the potential of such substances for detrimental chemical interactions with other materials used in organic farming systems;
(2)
the toxicity and mode of action of the substance and of its breakdown products or any contaminants, and their persistence and areas of concentration in the environment;
(3)
the probability of environmental contamination during manufacture, use, misuse or disposal of such substance;
(4)
the effect of the substance on human health;
(5)
the effects of the substance on biological and chemical interactions in the agroecosystem, including the physiological effects of the substance on soil organisms (including the salt index and solubility of the soil), crops and livestock;
(6)
the alternatives to using the substance in terms of practices or other available materials; and
(7)
its compatibility with a system of sustainable agriculture.
(n)

Petitions.—
The Board shall establish procedures under which persons may petition the Board for the purpose of evaluating substances for inclusion on the National List.
(o)

Confidentiality.—
Any confidential business information obtained by the Board in carrying out this section shall not be released to the public.
SEC. 2120.
[7 U.S.C. 6519]

RECORDKEEPING, INVESTIGATIONS, AND ENFORCEMENT.
(a)

Recordkeeping.—
(1)

In general.—
Except as otherwise provided in this title, each person who sells, labels, or represents any agricultural product as having been produced or handled using organic methods shall make available to the Secretary or the applicable governing State official, on request by the Secretary or official, all records associated with the agricultural product.
(2)

Certified operations.—
Each producer that operates a certified organic farm or certified organic handling operation under this title shall maintain, for a period of not less than 5 years, all records concerning the production or handling of any agricultural product sold or labeled as organically produced under this title, including—
(A)
a detailed history of substances applied to fields or agricultural products;
(B)
the name and address of each person who applied such a substance; and
(C)
the date, rate, and method of application of each such substance.
(3)

Certifying agents.—
(A)

Maintenance of records.—
A certifying agent shall maintain all records concerning the activities of the certifying agent under this title for a period of not less than 10 years.
(B)

Access for Secretary.—
A certifying agent shall provide to the Secretary and the applicable governing State official (or a representative) access to all records concerning the activities of the certifying agent under this title.
(C)

Transference of records.—
If a private person that was certified under this title is dissolved or loses accreditation, all records and copies of records concerning the activities of the person under this title shall be—
(i)
transferred to the Secretary; and
(ii)
made available to the applicable governing State official.
(4)

Unlawful act.—
It shall be unlawful and a violation of this title for any person covered by this title to fail or refuse to provide accurate information (including a delay in the timely delivery of such information) required by the Secretary under this title.
(5)

Confidentiality.—
Except as provided in section 2107(a)(9), or as otherwise directed by the Secretary or the Attorney General for enforcement purposes, no officer, employee, or agent of the United States shall make available to the public any information, statistic, or document obtained from, or made available by, any person under this title, other than in a manner that ensures that confidentiality is preserved regarding—
(A)
the identity of all relevant persons (including parties to a contract); and
(B)
proprietary business information.
(b)

Investigations.—
(1)

In general.—
The Secretary may take such investigative actions as the Secretary considers to be necessary—
(A)
to verify the accuracy of any information reported or made available under this title; and
(B)
to determine whether a person covered by this title has committed a violation of any provision of this title, including an order or regulation promulgated by the Secretary pursuant to this title.
(2)

Specific investigative powers.—
In carrying out this title, the Secretary may—
(A)
administer oaths and affirmations;
(B)
subpoena witnesses;
(C)
compel attendance of witnesses;
(D)
take evidence; and
(E)
require the production of any records required to be maintained under this title that are relevant to an investigation.
(3)7

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.
^7
Paragraph (3) was added by section 10104(g) of Public Law 115-334. Such section provided for an amendment to section 2120(b) of the “Organic Foods Production Act”, rather than the complete title of such act, the “Organic Foods Production Act of 1990”. The amendment was executed according to the probable intent of Congress.
(c)

Violations of Title.—
(1)

Misuse of label.—
Any person who knowingly sells or labels a product as organic, except in accordance with this title, shall be subject to a civil penalty of not more than $10,000.
(2)

False statement.—
Any person who makes a false statement under this title to the Secretary, a governing State official, or a certifying agent shall be punished in accordance with section 1001 of title 18, United States Code.
(3)

Ineligibility.—
(A)

In general.—
Except as provided in subparagraph (C), any person that carries out an activity described in subparagraph (B), after notice and an opportunity to be heard, shall not be eligible, for the 5-year period beginning on the date of the occurrence, to receive a certification under this title with respect to any farm or handling operation in which the person has an interest.
(B)

Description of activities.—
An activity referred to in subparagraph (A) is—
(i)
making a false statement;
(ii)
attempting to have a label indicating that an agricultural product is organically produced affixed to an agricultural product that a person knows, or should have reason to know, to have been produced or handled in a manner that is not in accordance with this title; or
(iii)
otherwise violating the purposes of the applicable organic certification program, as determined by the Secretary.
(C)

Waiver.—
Notwithstanding subparagraph (A), the Secretary may modify or waive a period of ineligibility under this paragraph if the Secretary determines that the modification or waiver is in the best interests of the applicable organic certification program established under this title.
(4)

Reporting of violations.—
A certifying agent shall immediately report any violation of this title to the Secretary or the applicable governing State official.
(5)

Violations by certifying agent.—
A certifying agent that is a private person that violates the provisions of this title or falsely or negligently certifies any farming or handling operation that does not meet the terms and conditions of the applicable organic certification program as an organic operation, as determined by the Secretary or the applicable governing State official shall, after notice and an opportunity to be heard—
(A)
lose accreditation as a certifying agent under this title; and
(B)
be ineligible to be accredited as a certifying agent under this title for a period of not less than 3 years, beginning on the date of the determination.
(6)

Effect on other law.—
Nothing in this title alters—
(A)
the authority of the Secretary concerning meat, poultry and egg products under—
(i)
the Federal Meat Inspection Act (21 U.S.C. 601 et seq.);
(ii)
the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); or
(iii)
the Egg Products Inspection Act (21 U.S.C. 1031 et seq.);
(B)
the authority of the Secretary of Health and Human Services under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or
(C)
the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
SEC. 2121.
[7 U.S.C. 6520]

ADMINISTRATIVE APPEAL.
(a)

Expedited Appeals Procedure.—
The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this title that—
(1)
adversely affects such person; or
(2)
is inconsistent with the organic certification program established under this title.
(b)

Appeal of Final Decision.—
A final decision of the Secretary under subsection (a) may be appealed to the United States district court for the district in which such person is located.
SEC. 2122.
[7 U.S.C. 6521]

ADMINISTRATION.
(a)

Regulations.—
Not later than 540 days after the date of enactment of this title, the Secretary shall issue proposed regulations to carry out this title.
(b)

Assistance to State.—
(1)

Technical and other assistance.—
The Secretary shall provide technical, administrative, and National Institute of Food and Agriculture assistance to assist States in the implementation of an organic certification program under this title.
(2)

Financial assistance.—
The Secretary may provide financial assistance to any State that implements an organic certification program under this title.
(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).
SEC. 2122A.
[7 U.S.C. 6521a]

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.
SEC. 2123.
[7 U.S.C. 6522]

FUNDING.
(a)

In General.—
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out this title.
(b)

National Organic Program.—
Notwithstanding any other provision of law, in order to carry out activities under the national organic program established under this title, there are authorized to be appropriated—
(1)
$15,000,000 for fiscal year 2018;
(2)
$16,500,000 for fiscal year 2019;
(3)
$18,000,000 for fiscal year 2020;
(4)
$20,000,000 for fiscal year 2021;
(5)
$22,000,000 for fiscal year 2022; and
(6)
$24,000,000 for fiscal year 2023.
(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, $1,000,000 for fiscal years 2024 and 2025, and $5,000,000 for fiscal year 2026 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.
TITLE XII—

CROP INSURANCE AND DISASTER ASSISTANCE
* * * * * * *
Subtitle B—

Disaster Assistance
* * * * * * *
CHAPTER 3—

EMERGENCY CROP LOSS ASSISTANCE8
^8
Chapter 3 of subtitle B of title XXII of the Food, Agriculture, Conservation, and Trade Act of 1990; Pub. l. 101–624, Nov. 28, 1990, 104 Stat. 3962 (7 U.S.C. 1421 note) was repealed by section 119(c) of the Federal Crop Insurance Reform Act of 1994, approved October 13, 1994 (title I of Public Law 103–354; 108 Stat. 3208). the chapter as it appeared immediately before its repeal is reprinted here.
subchapter A—

Annual Crops
SEC. 2241.

PAYMENTS TO PROGRAM PARTICIPANTS FOR TARGET PRICE COMMODITIES.
(a)

Disaster Payments.—
(1)

In general.—
Effective only for producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, except as otherwise provided in this subsection, if the Secretary of Agriculture determines that, because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the farm program payment yield established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage prevented from being planted (because of a natural disaster, as determined by the Secretary) for such crop, the Secretary shall make a disaster payment available to such producers at a rate equal to 65 percent of the established price for the crop for any deficiency in production greater than 40 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act, 35 percent) for the crop.
(2)

Limitations.—
(A)

Acreage in excess of permitted acreage.—
Payments provided under paragraph (1) for a crop of a commodity may not be made available to producers on a farm with respect to any acreage in excess of the permitted acreage for the farm for the commodity.
(B)

Crop insurance.—
Payments provided under paragraph (1) for a crop of a commodity may not be made available to producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247.
(3)

Reduction in deficiency payments.—
The total quantity of a crop of a commodity on which deficiency payments otherwise would be payable to producers on a farm under the Agricultural Act of 1949 shall be reduced by the quantity on which a payment is made to the producers for the crop under paragraph (1).
(4)

Election of payments.—
(A)

Application of paragraph.—
This paragraph shall apply, effective only for the 1990 crops of wheat, feed grains, upland cotton, extra long staple cotton, and rice, to producers on a farm who—
(i)
had failed wheat, feed grain, upland cotton, extra long staple cotton, or rice acreage; or
(ii)
were prevented from planting acreage to such commodity because of damaging weather or related condition in 1989 or 1990.
(B)

Election.—
The Secretary of Agriculture shall (within 30 days after the date of enactment of this Act) permit producers referred to in subparagraph (A) to elect whether to receive disaster payments in accordance with this section in lieu of payments received under the Agricultural Act of 1949.
(b)

Advance Deficiency Payments.—
(1)

Application of subsection.—
This subsection shall apply only to producers on a farm who elected to participate in the production adjustment program established under the Agricultural Act of 1949 for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice.
(2)

Forgiveness of refund requirement.—
(A)

In general.—
Subject to subparagraph (B), if because of damaging weather or related condition in 1989 or 1990 the total quantity of the 1990 crop of the commodity that the producers are able to harvest on the farm is less than the result of multiplying the farm program payment yield established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage prevented from being planted (because of a natural disaster, as determined by the Secretary) for such crop (hereinafter in this section referred to as the “qualifying amount”), the producers shall not be required to refund any advance deficiency payment made to the producers for such crop under section 107C of the Agricultural Act of 1949 (7 U.S.C. 1445b–2) with respect to that portion of the deficiency in production that does not exceed—
(i)
in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act, 35 percent of the qualifying amount; and
(ii)
in the case of other producers, 40 percent of the qualifying amount.
(B)

Crop insurance.—
Producers on a farm shall not be eligible for the forgiveness provided for under subparagraph (A), unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247.
(3)

Election for nonrecipients.—
The Secretary shall allow producers on a farm who elected, prior to the date of enactment of this Act, not to receive advance deficiency payments made available for the 1990 crop under section 107C of the Agricultural Act of 1949, to elect (within 30 days after the date of the enactment of this Act) whether to receive such advance deficiency payments.
(4)

Date of refund for payments.—
Effective only for the 1990 crops of wheat, feed grains, upland cotton, and rice, if the Secretary determines that any portion of the advance deficiency payment made to producers for the crop under section 107C of the Agricultural Act of 1949 must be refunded, such refund shall not be required prior to July 31, 1991, for that portion of the crop for which a disaster payment is made under subsection (a).
SEC. 2242.

PAYMENTS TO PROGRAM NONPARTICIPANTS FOR TARGET PRICE COMMODITIES.
(a)

Disaster Payments.—
(1)

In general.—
Effective only for producers on a farm who elected not to participate in the production adjustment program established under the Agricultural Act of 1949 (7 U.S.C. 1421 et seq.) for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, if the Secretary of Agriculture determines that because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that such producers are able to harvest on the farm is less than the result of multiplying 40 percent (or in the case of producers who obtained crop insurance, 35 percent) of the county average yield established by the Secretary for such crop by the sum of acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers.
(2)

Payment rate.—
The payment shall be made to the producers at a rate equal to 65 percent of the basic county loan rate (or a comparable price if there is no current basic county loan rate) for the crop, as determined by the Secretary, for any deficiency in production greater than 40 percent for the crop (or in the case of producers who obtained crop insurance, 35 percent).
(b)

Prevented Planting Credit.—
(1)

In general.—
The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage that producers on a farm were prevented from planting to the 1990 crop of the commodity for harvest because of damaging weather or related condition in 1989 or 1990, as determined by the Secretary.
(2)

Maximum acreage.—
Acreage may not exceed the greater of—
(A)
a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1989 minus acreage actually planted for harvest in 1990; or
(B)
a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1987, 1988, and 1989 minus acreage actually planted to the commodity for harvest in 1990.
(3)

Adjustments.—
The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers.
(c)

Limitations.—
(1)

Acreage limitation program.—
The amount of payments made available to producers on a farm for a crop of a commodity under subsection (a) shall be reduced by a factor equivalent to the acreage limitation program percentage established for such crop under the Agricultural Act of 1949.
(2)

Crop insurance.—
Payments provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247.
SEC. 2243.

PEANUTS, SUGAR, AND TOBACCO.
(a)

Disaster Payments.—
(1)

In general.—
Effective only for the 1990 crops of peanuts, sugar beets, sugarcane, and tobacco, if the Secretary of Agriculture determines that, because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that the producers on a farm are able to harvest is less than the result of multiplying 60 percent (or, in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the county average yield (or program yield, in the case of peanuts) established by the Secretary for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planted credit is approved by the Secretary for such crop under subsection (b), the Secretary shall make a disaster payment available to such producers.
(2)

Payment rate.—
The payment shall be made to the producers at a rate equal to 65 percent of the applicable payment level under paragraph (3), as determined by the Secretary, for any deficiency in production greater than—
(A)
in the case of producers who obtained crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act—
(i)
35 percent for the crop; or
(ii)
with respect to a crop of burley tobacco or flue-cured tobacco, 35 percent of the farm's effective marketing quota for 1990; and
(B)
in the case of producers who did not obtain crop insurance for the 1990 crop of the commodity under the Federal Crop Insurance Act—
(i)
40 percent for the crop; or
(ii)
with respect to a crop of burley tobacco or flue-cured tobacco, 40 percent of the farm's effective marketing quota for 1990.
(3)

Payment level.—
For purposes of paragraph (1), the payment level for a commodity shall be equal to—
(A)
for peanuts, the price support level for quota peanuts or the price support level for additional peanuts, as applicable;
(B)
for tobacco, the national average loan rate for the type of tobacco involved, or (if there is none) the market price, as determined under section 2244(a)(2); and
(C)
for sugar beets and sugarcane, a level determined by the Secretary to be fair and reasonable in relation to the level of price support established for the 1990 crops of sugar beets and sugarcane, and that, insofar as is practicable, shall reflect no less return to the producer than under the 1990 price support levels.
(b)

Prevented Planting Credit.—
(1)

In general.—
The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage that producers on a farm were prevented from planting to the 1990 crop of the commodity for harvest because of damaging weather or related condition in 1989 or 1990, as determined by the Secretary.
(2)

Maximum acreage.—
Such acreage may not exceed the greater of—
(A)
a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1989 minus acreage actually planted for harvest in 1990; or
(B)
a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1987, 1988, and 1989 minus acreage actually planted to the commodity for harvest in 1990.
(3)

Adjustments.—
The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers and any change in quotas for the 1990 crops of tobacco.
(c)

Limitation.—
Payments provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247.
(d)

Special Rules for Peanuts.—
Notwithstanding any other provision of law—
(1)
a deficiency in production of quota peanuts from a farm, as otherwise determined under this section, shall be reduced by the quantity of peanut poundage quota that was the basis of such anticipated production that has been transferred from the farm;
(2)
payments made under this section shall be made taking into account whether the deficiency for which the deficiency in production is claimed was a deficiency in production of quota or additional peanuts and the payment rate shall be established accordingly; and
(3)
the quantity of undermarketings of quota peanuts from a farm for the 1990 crop that may otherwise be claimed under section 358 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1358) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such peanuts for which payment has been received under this section.
(e)

Special Rules for Tobacco.—
Notwithstanding any other provision of law—
(1)
the quantity of undermarketings of quota tobacco from a farm for the 1990 crop that may otherwise be claimed under section 317 or 319 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1314c or 1314e) for purposes of future quota increases shall be reduced by the quantity of the deficiency of production of such tobacco for which payment has been received under this section; and
(2)
disaster payments made to producers under this section may not be considered by the Secretary in determining the net losses of the Commodity Credit Corporation under section 106A(d) of the Agricultural Act of 1949 (7 U.S.C. 1445–1(d)).
(f)

Special Rule for Sugarcane.—
For purposes of determining the total quantity of the 1990 crop of sugarcane that the producers on a farm are able to harvest, the Secretary shall make the determination based on the quantity of recoverable sugar.
SEC. 2244.

SOYBEANS AND NONPROGRAM CROPS.
(a)

Disaster Payments.—
(1)

In general.—
(A)

Eligibility.—
Effective only for the 1990 crops of soybeans and nonprogram crops, to the extent that assistance was not made available under the Disaster Assistance Act of 1989 for a producer's losses, if the Secretary of Agriculture determines that, because of damaging weather or related condition in 1989 or 1990, the total quantity of the 1990 crop of the commodity that the producers on a farm are able to harvest is less than—
(i)
with respect to soybeans and sunflowers, the result of multiplying 60 percent (or in the case of producers who obtained crop insurance, if available, for the 1990 crop year of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the State, area, or county yield, adjusted for adverse weather conditions during the 1987, 1988, and 1989 crop years, as determined by the Secretary, for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planting credit is approved by the Secretary for such crop under subsection (b);
(ii)
with respect to nonprogram crops (other than as provided in clauses (i) and (iii)), the result of multiplying 60 percent (or in the case of producers who obtained crop insurance, if available, for the 1990 crop year of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the yield established by the Commodity Credit Corporation under subsection (d)(2) for such crop by the sum of the acreage planted for harvest and the acreage for which prevented planting credit is approved by the Secretary for such crop under subsection (b); and
(iii)
with respect to crops covered in section 201(b) of the Agricultural Act of 1949 (7 U.S.C. 1446(b)), 60 percent (or in the case of producers who obtained crop insurance, if available, for the 1990 crop year of the commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 65 percent) of the historical annual yield of the producers for such crops, as determined by the Secretary,
the Secretary shall make a disaster payment available to such producers.
(B)

Payment rate.—
The payment shall be made to such producers at a rate equal to 65 percent of the applicable payment level under paragraph (2), as determined by the Secretary, for any deficiency in production greater than 40 percent for soybeans, sunflowers and for other nonprogram crops for the crop, except that in the case of producers who obtained crop insurance, if available, for the 1990 crop under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), 35.
(2)

Payment level.—
For purposes of paragraph (1), the payment level for a commodity shall equal the simple average price received by producers of the commodity, as determined by the Secretary subject to paragraph (3), during the marketing years for the immediately preceding 5 crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.
(3)

Calculation of payments for different varieties.—
(A)

Crop-by-crop basis.—
The Secretary shall make disaster payments under this subsection on a crop-by-crop basis, with consideration given to markets and uses of the crops, under regulations issued by the Secretary.
(B)

Different varieties.—
For purposes of determining the payment levels on a crop-by-crop basis, the Secretary shall consider as separate crops, and develop separate payment levels insofar as is practicable for, different varieties of the same commodity, and commodities for which there is a significant difference in the economic value in the market.
(C)

Double cropping.—
(i)

Treated separately.—
In the case of a crop that is historically double cropped (including two crops of the same commodity) by the producers on a farm, the Secretary shall treat each cropping separately for purposes of determining whether the crop was affected by damaging weather or related conditions and the total quantity of the crop that the producers are able to harvest.
(ii)

Application of paragraph.—
This paragraph shall not apply in the case of a replacement crop.
(4)

Exclusions from harvested quantities.—
For purposes of determining the total quantity of the 1990 nonprogram crop of the commodity that the producers on a farm are able to harvest under paragraph (1), the Secretary shall exclude—
(A)
commodities that cannot be sold in normal commercial channels of trade; and
(B)
dockage, including husks and shells, if such dockage is excluded in determining yields under subsection (d)(2).
(b)

Prevented Planting Credit.—
(1)

In general.—
The Secretary shall provide prevented planting credit under subsection (a) with respect to acreage that producers on a farm were prevented from planting to the 1990 crop of the commodity for harvest because of damaging weather or related condition in 1989 or 1990, as determined by the Secretary.
(2)

Maximum acreage.—
Such acreage may not exceed the greater of—
(A)
a quantity equal to the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1989 minus acreage actually planted for harvest in 1990; or
(B)
a quantity equal to the average of the acreage on the farm planted (or prevented from being planted due to a natural disaster or other condition beyond the control of the producers) to the commodity for harvest in 1987, 1988, and 1989 minus acreage actually planted to the commodity for harvest in 1990.
(3)

Adjustments.—
The Secretary shall make appropriate adjustments in applying the limitations contained in paragraph (2) to take into account crop rotation practices of the producers.
(c)

Limitation.—
Payments provided under subsection (a) for a crop of a commodity may not be made available to the producers on a farm unless such producers enter into an agreement to obtain multiperil crop insurance, to the extent required under section 2247.
(d)

Special Rules for Nonprogram Crops.—
(1)

Definition of nonprogram crop.—
As used in this section, the term “nonprogram crop” means all crops for which crop insurance through the Federal Crop Insurance Corporation was available for crop year 1990, and other commercial crops (including ornamentals which shall include flowering shrubs, flowering trees, and field or container grown roses or turf and sweet potatoes for which such insurance was not available for crop year 1990), except that such term shall not include a crop covered under section 2241, 2242, or 2243, soybeans, or sunflowers.
(2)

Farm yields.—
(A)

Establishment.—
The Commodity Credit Corporation shall establish disaster program farm yields for nonprogram crops to carry out this section.
(B)

Proven yields available.—
If the producers on a farm can provide satisfactory evidence to the Commodity Credit Corporation of actual crop yields on the farm for at least 1 of the immediately preceding 3 crop years, the yield for the farm shall be based on such proven yield.
(C)

Proven yields not available.—
If such data do not exist for any of the 3 preceding crop years, the Commodity Credit Corporation shall establish a yield for the farm by using a county average yield for the commodity, or by using other data available to it.
(D)

County average yields.—
In establishing county average yields for nonprogram crops, the Commodity Credit Corporation shall use the best available information concerning yields. Such information may include extension service records, credible nongovernmental studies, and yields in similar counties.
(3)

Responsibility of producers.—
It shall be the responsibility of the producers of nonprogram crops to provide satisfactory evidence of 1990 crop losses resulting from damaging weather or related condition in 1989 or 1990 in order for such producers to obtain disaster payments under this section.
SEC. 2245.

CROP QUALITY REDUCTION DISASTER PAYMENTS.
(a)

In General.—
To ensure that all producers of 1990 crops covered under sections 2241 through 2244 are treated equitably, the Secretary of Agriculture may make additional disaster payments to producers of such crops who suffer losses resulting from the reduced quality of such crops caused by damaging weather or related condition in 1989 or 1990, as determined by the Secretary.
(b)

Eligible Producers.—
If the Secretary determines to make crop quality disaster payments available to producers under subsection (a), producers on a farm of a crop described in subsection (a) shall be eligible to receive reduced quality disaster payments only if such producers incur a deficiency in production of not less than 35 percent and not more than 75 percent for such crop (as determined under section 2241, 2242, 2243, or 2244, as appropriate).
(c)

Maximum Payment Rate.—
The Secretary shall establish the reduced quality disaster payment rate, except that such rate shall not exceed 10 percent, as determined by the Secretary, of—
(1)
the established price for the crop, for commodities covered under section 2241;
(2)
the basic county loan rate for the crop (or a comparable price if there is no current basic county loan rate), for commodities covered under section 2242;
(3)
the payment level under section 2243(a)(3), for commodities covered by section 2243; and
(4)
the payment level under section 2244(a)(2), for commodities covered under section 2244.
(d)

Determination of Payment.—
The amount of payment to a producer under this section shall be determined by multiplying the payment rate established under subsection (c) by the portion of the actual harvested crop on the producer's farm that is reduced in quality by such natural disaster in 1989 or 1990, as determined by the Secretary.
SEC. 2246.

EFFECT OF FEDERAL CROP INSURANCE PAYMENTS.
In the case of producers on a farm who obtained crop insurance for the 1990 crop of a commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.), the Secretary of Agriculture shall reduce the amount of payments made available under this chapter for such crop to the extent that the amount determined by adding the net amount of crop insurance indemnity payment (gross indemnity less premium paid) received by such producers for the deficiency in the production of the crop and the disaster payment determined in accordance with this chapter for such crop exceeds the amount determined by multiplying—
(1)
100 percent of the yield used for the calculation of disaster payments made under this chapter for such crop; by
(2)
the sum of the acreage of such crop planted to harvest and the acreage for which prevented planting credit is approved by the Secretary (or, in the case of disaster payments under section 2241, the eligible acreage established under sections 2241(a)(1) and 2241(a)(2)(A)); by
(3)
(A)
in the case of producers who participated in a production adjustment program for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, the established price for the 1990 crop of the commodity;
(B)
in the case of producers who did not participate in a production adjustment program for the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, or rice, the basic county loan rate (or a comparable price, as determined by the Secretary, if there is no current basic county loan rate) for the 1990 crop of the commodity;
(C)
in the case of producers of sugar beets, sugarcane, peanuts, or tobacco, the payment level for the commodity established under section 2243(a)(3); and
(D)
in the case of producers of soybeans or a nonprogram crop (as defined in section 2244(d)(1)), the simple average price received by producers of the commodity, as determined by the Secretary, during the marketing years for the immediately preceding 5 crops of the commodity, excluding the year in which the average price was the highest and the year in which the average price was the lowest in such period.
SEC. 2247.

CROP INSURANCE COVERAGE FOR THE 1991 CROPS.
(a)

Requirement.—
Subject to the limitations under subsection (b), producers on a farm, to be eligible to receive a disaster payment under this chapter, an emergency loan under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) for crop losses due to damaging weather or related condition in 1989 or 1990, or forgiveness of the repayment of advance deficiency payments under section 2241(b), must agree to obtain multiperil crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the 1991 crop of the commodity for which such payments, loans, or forgiveness are sought.
(b)

Limitations.—
Producers on a farm shall not be required to agree to obtain crop insurance under subsection (a) for a commodity—
(1)
unless such producers' deficiency in production, with respect to the crop for which a disaster payment under this chapter otherwise may be made, exceeds 65 percent;
(2)
where, or if, crop insurance coverage is not available to the producers for the commodity for which the payment, loan, or forgiveness is sought;
(3)
if the producers' annual premium rate for such crop insurance is an amount greater than 125 percent of the average premium rate for insurance on that commodity for the 1990 crop in the county in which the producers are located;
(4)
in any case in which the producers' annual premium for such crop insurance is an amount greater than 25 percent of the amount of the payment, loan, or forgiveness sought; or
(5)
if the producers can establish by appeal to the county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)), or to the county committee established under section 332 of the Consolidated Farm and Rural Development Act (17 U.S.C. 1982), as appropriate, that the purchase of crop insurance would impose an undue financial hardship on such producers and that a waiver of the requirement to obtain crop insurance should, in the discretion of the county committee, be granted.
(c)

Implementation.—
(1)

County committees.—
The Secretary of Agriculture shall ensure (acting through the county committees established under section 8(b) of the Soil Conservation and Domestic Allotment Act and located in the counties in which the assistance programs provided for under sections 2241 through 2245 are implemented and through the county committees established under section 332 of the Consolidated Farm and Rural Development Act in counties in which emergency loans, as described in subsection (a), are made available) that producers who apply for assistance, as described in subsection (a), obtain multiperil crop insurance as required under this section.
(2)

Other sources.—
Each producer who is subject to the requirements of this section may comply with such requirements by providing evidence of multiperil crop insurance coverage from sources other than through the county committee office, as approved by the Secretary.
(3)

Commissions.—
The Secretary shall provide by regulation for a reduction in the commissions paid to private insurance agents, brokers, or companies on crop insurance contracts entered into under this section sufficient to reflect that such insurance contracts principally involve only a servicing function to be performed by the agent, broker, or company.
(d)

Repayment of Benefits.—
Notwithstanding any other provision of law, if (prior to the end of the 1991 crop year for the commodity involved) the crop insurance coverage required of the producer under this section is canceled by the producer, the producer—
(1)
shall make immediate repayment to the Secretary of any disaster payment or forgiven advance deficiency payment that the producer otherwise is required to repay; and
(2)
shall become immediately liable for full repayment of all principal and interest outstanding on any emergency loan described in subsection (a) made subject to this section.
SEC. 2248.

CROPS HARVESTED FOR FORAGE USES.
Not later than 45 days after funds are appropriated to carry out this chapter, the Secretary of Agriculture shall announce the terms and conditions by which producers on a farm may establish a 1990 yield with respect to crops that will be harvested for silage and other forage uses.
SEC. 2249.

PAYMENT LIMITATIONS.
(a)

Limitation.—
Subject to subsections (b) and (c), the total amount of payments that a person shall be entitled to receive under one or more of the programs established under this subchapter may not exceed $100,000.
(b)

No Double Benefits.—
No person may receive disaster payments under this subchapter to the extent that such person receives a livestock emergency benefit for lost feed production in 1990 under section 606 of the Agricultural Act of 1949 (7 U.S.C. 1471d).
(c)

Combined Limitation.—
(1)

In general.—
No person may receive any payment under this subchapter or benefit under title VI of the Agricultural Act of 1949 (7 U.S.C. 1471 et seq.) for livestock emergency losses suffered in 1990 if such payment or benefit will cause the combined total amount of such payments and benefits received by such person to exceed $100,000.
(2)

Election.—
If a producer is subject to paragraph (1), the person may elect (subject to the benefits limitations under section 609 of the Agricultural Act of 1949 (7 U.S.C. 1471g) whether to receive the $100,000 in such payments, or such livestock emergency benefits (not to exceed $50,000), or a combination of payments and benefits specified by the person.
(d)

Regulations.—
The Secretary of Agriculture shall issue regulations—
(1)
defining the term “person” for the purposes of this section and section 2266, which shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308); and
(2)
prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitations established under this section.
SEC. 2250.

SUBSTITUTION OF CROP INSURANCE PROGRAM YIELDS.
(a)

In General.—
Notwithstanding any other provision of this chapter, the Secretary of Agriculture may permit each eligible producer (as defined in subsection (d)) of a 1990 crop of a commodity who has obtained multiperil crop insurance for such crop (or, as provided in subsection (c), who obtained multiperil crop insurance for the producer's 1989 crop of such commodity) under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to substitute, at the discretion of the producer, the crop insurance yield for such crop, as established under such Act, for the farm yield otherwise assigned to the producer under this chapter, for the purposes of determining such producer's eligibility for a disaster payment on the 1990 crop under this chapter and the amount of such payment.
(b)

Adjustment of Advanced Deficiency Payments.—
(1)

In general.—
Notwithstanding any other provision of this chapter, if an eligible producer of wheat, feed grains, upland cotton, extra long staple cotton, or rice elects to substitute yields for such producer's 1990 crop under subsection (a), the producer's eligibility for a waiver or repayment of an advance deficiency payment on such crop under this chapter shall be adjusted as provided in paragraph (2).
(2)

Amount.—
The amount of production of such crop on which the producer otherwise would be eligible for waiver of repayment of advance deficiency payments under this chapter shall be reduced by an amount of production equal to the difference between—
(A)
the amount of production eligible for disaster payments under this chapter using a substituted yield under this section; and
(B)
the amount of production that would have been eligible for disaster payments using the farm program payment yield otherwise assigned to the producer under this chapter.
(c)

Multiperil Crop Insurance Not Available.—
A producer may use the crop insurance yield for the producer's 1989 crop of a commodity for purposes of substituting yields under subsection (a) if the producer demonstrates to the Secretary that, through no fault of the producer, multiperil crop insurance under the Federal Crop Insurance Act was not made available to the producer for the producer's 1990 crop of the commodity.
(d)

Definition of Eligible Producer.—
For purposes of this section, the term “eligible producer” means a producer of the 1990 crop of wheat, feed grains, upland cotton, extra long staple cotton, rice, or soybeans.
SEC. 2251.

DEFINITIONS.
As used in this chapter:
(1)

Damaging weather.—
The term “damaging weather” includes but is not limited to drought, hail, excessive moisture, freeze, tornado, hurricane, earthquake, or excessive wind, or any combination thereof.
(2)

Related condition.—
The term “related condition” includes but is not limited to insect infestations, plant diseases, or other deterioration of a crop of a commodity, including aflatoxin, that is accelerated or exacerbated naturally as a result of damaging weather occurring prior to or during harvest.
subchapter B—

Orchards
SEC. 2255.

ELIGIBILITY.
(a)

Loss.—
Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance, as specified in section 2256, to eligible orchardists that planted trees for commercial purposes but lost such trees as a result of freeze, earthquake, or related condition in 1990, as determined by the Secretary.
(b)

Limitation.—
An eligible orchardist shall qualify for assistance under subsection (a) only if such orchardist's tree mortality, as a result of the natural disaster, exceeds 35 percent (adjusted for normal mortality).
SEC. 2256.

ASSISTANCE.
The assistance provided by the Secretary of Agriculture to eligible orchardists for losses described in section 2255 shall consist of either—
(1)
reimbursement of 65 percent of the cost of replanting trees lost due to freeze, earthquake, or related condition in 1990 in excess of 35 percent mortality (adjusted for normal mortality); or
(2)
at the discretion of the Secretary, sufficient seedlings to reestablish the stand.
SEC. 2257.

LIMITATION ON ASSISTANCE.
(a)

Limitation.—
The total amount of payments that a person shall be entitled to receive under this subchapter may not exceed $25,000, or an equivalent value in tree seedlings.
(b)

Regulations.—
The Secretary of Agriculture shall issue regulations—
(1)
defining the term “person” for the purposes of this subchapter, which shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308) and the Disaster Assistance Act of 1988 (7 U.S.C. 1421 note); and
(2)
prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.
SEC. 2258.

DEFINITION.
As used in this subchapter, the term “eligible orchardist” means a person who produces annual crops from trees for commercial purposes and owns 500 acres or less of such trees.
SEC. 2259.

DUPLICATIVE PAYMENTS.
The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subchapter and the forestry incentives program, agricultural conservation program, or other Federal program.
subchapter C—

Forest Crops
SEC. 2261.

ELIGIBILITY.
(a)

Loss.—
Subject to the limitation in subsection (b), the Secretary of Agriculture shall provide assistance, as specified in section 2262, to eligible tree farmers that planted tree seedlings in 1989 or 1990 for commercial purposes but lost such seedlings as a result of drought, earthquake, or related condition in 1990, as determined by the Secretary.
(b)

Limitation.—
An eligible tree farmer shall qualify for assistance under subsection (a) only if such tree farmer's tree seedling mortality, as a result of the natural disaster, exceeds 35 percent (adjusted for normal mortality).
SEC. 2262.

ASSISTANCE.
The assistance provided by the Secretary of Agriculture to eligible tree farmers for losses described in section 2261 shall consist of either—
(1)
reimbursement of 65 percent of the cost of replanting seedlings lost due to drought, earthquake, or related conditions in 1990 in excess of 35 percent mortality (adjusted for normal mortality); or
(2)
at the discretion of the Secretary, sufficient tree seedlings to reestablish the stand.
SEC. 2263.

LIMITATION ON ASSISTANCE.
(a)

Limitation.—
The total amount of payments that a person shall be entitled to receive under this subchapter may not exceed $25,000, or an equivalent value in tree seedlings.
(b)

Regulations.—
The Secretary of Agriculture shall issue regulations—
(1)
defining the term “person” for the purposes of this subchapter, which shall conform, to the extent practicable, to the regulations defining the term “person” issued under section 1001 of the Food Security Act of 1985 and the Disaster Assistance Act of 1988; and
(2)
prescribing such rules as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this section.
SEC. 2264.

DEFINITION.
As used in this chapter,9 the term “eligible tree farmer” means a person who grows trees for harvest for commercial purposes and owns 1,000 acres or less of such trees.
^9
So in original. Probably should refer to this subchapter.
SEC. 2265.

DUPLICATIVE PAYMENTS.
The Secretary of Agriculture shall establish guidelines to ensure that no person receives duplicative payments under this subchapter and the forestry incentives program, agricultural conservation program, or other Federal program.
subchapter D—

Administrative Provisions
SEC. 2266.

INELIGIBILITY.
(a)

General Rule.—
A person who has qualifying gross revenues in excess of $2,000,000 annually, as determined by the Secretary of Agriculture, shall not be eligible to receive any disaster payment or other benefits under this chapter.
(b)

Qualifying Gross Revenues.—
For purposes of this section, the term “qualifying gross revenues” means—
(1)
if a majority of the person's annual income is received from farming, ranching, and forestry operations, the gross revenue from the person's farming, ranching, and forestry operations; and
(2)
if less than a majority of the person's annual income is received from farming, ranching, and forestry operations, the person's gross revenue from all sources.
SEC. 2267.

TIMING AND MANNER OF ASSISTANCE.
(a)

Timing of Assistance.—
(1)

Assistance made available as soon as practicable.—
Subject to paragraph (2), the Secretary of Agriculture shall make disaster assistance available under this chapter as soon as practicable after the date on which appropriations are made available to carry out this chapter.
(2)

Completed application.—
No payment or benefit provided under this chapter shall be payable or due until such time as a completed application for a crop of a commodity therefor has been approved.
(b)

Manner.—
The Secretary may make payments available under this chapter in the form of cash, commodities, or commodity certificates, as determined by the Secretary.
SEC. 2268.

COMMODITY CREDIT CORPORATION.
(a)

Use.—
The Secretary of Agriculture shall use the funds, facilities, and authorities of the Commodity Credit Corporation in carrying out this chapter.
(b)

Existing Authority.—
The authority provided by this chapter shall be in addition to, and not in place of, any authority granted to the Secretary or the Commodity Credit Corporation under any other provision of law.
SEC. 2269.

EMERGENCY LOANS.
Section 321(b) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(b)) shall not apply to persons who otherwise would be eligible for an emergency loan under subtitle C of such Act, if such eligibility is the result of damage to an annual crop planted for harvest in 1990.
SEC. 2270.

REGULATIONS.
The Secretary of Agriculture or the Commodity Credit Corporation, as appropriate, shall issue regulations to implement this chapter as soon as practicable after the date on which appropriations are made available to carry out this chapter, without regard to the requirement for notice and public participation in rule making prescribed in section 553 of title 5, United States Code, or in any directive of the Secretary.
subchapter E—

Appropriations
SEC. 2271.

AUTHORIZATION OF APPROPRIATIONS.
Any benefits or assistance (including the foregiveness of unearned advanced deficiency payments of 10 any emergency loans) made available under this chapter shall be provided only to the extent provided for in advance in appropriations Acts. To carry out this chapter there are authorized to be appropriated such sums as may be necessary in each of the fiscal years 1991 and 1992.
^{10}
So in original. Section 114(a)(16) of Public Law 102–237 (105 Stat. 1839) attempted to change “payments of” to “payments or”, but the amendment could not be executed.
SEC. 2272.

PRORATION OF BENEFITS.
Any funds made available for carrying out this chapter in appropriations Acts shall be prorated to all producers eligible for assistance under this chapter.
* * * * * * *
Subtitle C—

Miscellaneous Provisions
SEC. 2281.
[42 U.S.C. 5177a]

EMERGENCY GRANTS TO ASSIST LOW-INCOME MIGRANT AND SEASONAL FARMWORKERS.
(a)

In General.—
The Secretary of Agriculture may make grants to public agencies or private organizations with tax exempt status under section 501(c)(3) of the Internal Revenue Code of 1986, that have experience in providing emergency services to low-income migrant and seasonal farmworkers where the Secretary determines that a local, State or national emergency or disaster has caused low-income migrant or seasonal farmworkers to lose income, to be unable to work, or to stay home or return home in anticipation of work shortages. Emergency services to be provided with assistance received under this section may include such types of assistance as the Secretary of Agriculture determines to be necessary and appropriate.
(b)

Definition.—
For the purposes of this section, the term “low-income migrant or seasonal farmworker” means an individual—
(1)
who has, during any consecutive 12 month period within the preceding 24 month period, performed farm work for wages;
(2)
who has received not less than one-half of such individual's total income, or been employed at least one-half of total work time in farm work; and
(3)
whose annual family income within the 12 month period referred to in paragraph (1) does not exceed the higher of the poverty level or 70 percent of the lower living standard income level.
(c)

Authorization of Appropriations.—
There are authorized to be appropriated such sums as may be necessary to carry out this section.
* * * * * * *
TITLE XXIII—

RURAL DEVELOPMENT
* * * * * * *
Subtitle D—

Enhancing Human Resources
CHAPTER 1—

TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL AREAS 11
^{11}
Section 1(b) of Public Law 102–551 (106 Stat. 4100) (as amended) provides as follows: Notwithstanding any other provision of law, chapter 1 of subtitle D of title XXIII of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 950aaa et seq.), including the amendments made by this section [enacting section 2335A (rel. to special health care and distance learning program for qualified service areas) of this chapter and amending section 2335 of this chapter], shall be effective until September 30, 2018.
SEC. 2331.
[7 U.S.C. 950aaa]

PURPOSE.
The purpose of this chapter is to encourage and improve telemedicine services and distance learning services in rural areas through the use of telecommunications, computer networks, and related advanced technologies by students, teachers, medical professionals, and rural residents.
SEC. 2332.
[7 U.S.C. 950aaa–1]

DEFINITIONS.
In this chapter:
(1)

Construct.—
The term “construct” means to construct, acquire, install, improve, or extend a facility or system.
(2)

Cost of money loan.—
The term “cost of money loan” means a loan made under this chapter bearing interest at a rate equal to the then current cost to the Federal Government of loans of similar maturity.
(3)

Secretary.—
The term “Secretary” means the Secretary of Agriculture.
(4)12

Rural area.—
The term “rural area” has the meaning given the term in section 601(b)(3) of the Rural Electrification Act of 1936.
^{12}
Section 6301(c) of Public Law 115-334 amended section 2332 by adding a new paragraph (4) at the end. The amendment referred to the Act as the “Food Agriculture, Conservation, and Trade Act of 1990” rather than the “Food, Agriculture, Conservation, and Trade Act of 1990”. The amendment was carried out according to the probable intent of Congress.
SEC. 2333.
[7 U.S.C. 950aaa–2]

TELEMEDICINE AND DISTANCE LEARNING SERVICES IN RURAL AREAS.
(a)

Services to Rural Areas.—
The Secretary may provide financial assistance for the purpose of financing the construction of facilities and systems to provide telemedicine services and distance learning services in rural areas.
(b)

Financial Assistance.—
(1)

In general.—
Financial assistance shall consist of grants or cost of money loans, or both.
(2)

Form.—
The Secretary shall determine the portion of the financial assistance provided to a recipient that consists of grants and the portion that consists of cost of money loans so as to result in the maximum feasible repayment to the Federal Government of the financial assistance, based on the ability to repay of the recipient and full utilization of funds made available to carry out this chapter.
(c)

Recipients.—
(1)

In general.—
The Secretary may provide financial assistance under this chapter to—
(A)
entities using telemedicine services or distance learning services;
(B)
entities providing or proposing to provide telemedicine service or distance learning service to other persons at rates calculated to ensure that the benefit of the financial assistance is passed through to the other persons;13
^{13}
So in law. Probably should be followed by “and”.
(C)
libraries.
(2)

Electric or telecommunications borrowers.—
(A)

Loans to borrowers.—
Subject to subparagraph (B), the Secretary may provide a cost of money loan under this chapter to a borrower of an electric or telecommunications loan under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.). A borrower receiving a cost of money loan under this paragraph shall—
(i)
make the funds provided available to entities that qualify under paragraph (1) for projects satisfying the requirements of this chapter;
(ii)
use the funds provided to acquire, install, improve, or extend a system referred to in subsection (a); or
(iii)
use the funds provided to install, improve, or extend a facility referred to in subsection (a).
(B)

Limitations.—
A borrower of an electric or telecommunications loan under the Rural Electrification Act of 1936 shall—
(i)
make a system or facility funded under subparagraph (A) available to entities that qualify under paragraph (1); and
(ii)
neither retain from the proceeds of a loan provided under subparagraph (A), nor assess a qualifying entity under paragraph (1), any amount except as may be required to pay the actual costs incurred in administering the loan or making the system or facility available.
(3)

Appeal.—
If the Secretary rejects the application of a borrower who applies for a cost of money loan or grant under this section, the borrower may appeal the decision to the Secretary not later than 10 days after the borrower is notified of the rejection.
(4)

Assistance to provide or improve services.—
Financial assistance may be provided under this chapter for a facility regardless of the location of the facility if the Secretary determines that the assistance is necessary to provide or improve telemedicine services or distance learning services in a rural area.
(d)

Priority.—
The Secretary shall establish procedures to prioritize financial assistance under this chapter considering—
(1)
the need for the assistance in the affected rural area;
(2)
the financial need of the applicant;
(3)
the population sparsity of the affected rural area;
(4)
the local involvement in the project serving the affected rural area;
(5)
geographic diversity among the recipients of financial assistance;
(6)
the utilization of the telecommunications facilities of any telecommunications provider serving the affected rural area;
(7)
the portion of total project financing provided by the applicant from the funds of the applicant;
(8)
the portion of project financing provided by the applicant with funds obtained from non-Federal sources;
(9)
the joint utilization of facilities financed by other financial assistance;
(10)
the coordination of the proposed project with regional projects or networks;
(11)
service to the greatest practical number of persons within the general geographic area covered by the financial assistance;
(12)
conformity with the State strategic plan as prepared under section 381D of the Consolidated Farm and Rural Development Act; and
(13)
other factors determined appropriate by the Secretary.
(e)

Maximum Amount of Assistance to Individual Recipients.—
The Secretary may establish the maximum amount of financial assistance to be made available to an individual recipient for each fiscal year under this chapter, by publishing notice of the maximum amount in the Federal Register not more than 45 days after funds are made available for the fiscal year to carry out this chapter.
(f)

Use of Funds.—
Financial assistance provided under this chapter shall be used for—
(1)
the development and acquisition of instructional programming;
(2)
the development and acquisition, through lease or purchase, of computer hardware and software, audio and visual equipment, computer network components, telecommunications terminal equipment, telecommunications transmission facilities, data terminal equipment, or interactive video equipment, or other facilities that would further telemedicine services or distance learning services;
(3)
providing technical assistance and instruction for the development or use of the programming, equipment, or facilities referred to in paragraphs (1) and (2); or
(4)
other uses that are consistent with this chapter, as determined by the Secretary.
(g)

Salaries and Expenses.—
Notwithstanding subsection (f), financial assistance provided under this chapter shall not be used for paying salaries or administrative expenses.
(h)

Expediting Coordinated Telephone Loans.—
(1)

In general.—
The Secretary may establish and carry out procedures to ensure that expedited consideration and determination is given to applications for loans and advances of funds submitted by local exchange carriers under this chapter and the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) to enable the exchange carriers to provide advanced telecommunications services in rural areas in conjunction with any other projects carried out under this chapter.
(2)

Deadline imposed on secretary.—
Not later than 45 days after the receipt of a completed application for an expedited telephone loan under paragraph (1), the Secretary shall notify the applicant in writing of the decision of the Secretary regarding the application.
(i)

Notification of Local Exchange Carrier.—
(1)

Applicants.—
Each applicant for a grant for a telemedicine or distance learning project established under this chapter shall notify the appropriate local telephone exchange carrier regarding the application filed with the Secretary for the grant.
(2)

Secretary.—
The Secretary shall—
(A)
publish notice of applications received for grants under this chapter for telemedicine or distance learning projects; and
(B)
make the applications available for inspection.
SEC. 2334.
[7 U.S.C. 950aaa–3]

ADMINISTRATION.
(a)

Nonduplication.—
The Secretary shall ensure that facilities constructed using financial assistance provided under this chapter do not duplicate adequate established telemedicine services or distance learning services.
(b)

Loan Maturity.—
The maturities of cost of money loans shall be determined by the Secretary, based on the useful life of the facility being financed, except that the loan shall not be for a period of more than 10 years.
(c)

Loan Security and Feasibility.—
The Secretary shall make a cost of money loan only if the Secretary determines that the security for the loan is reasonably adequate and that the loan will be repaid within the period of the loan.
(d)

Encouraging Consortia.—
The Secretary shall encourage the development of consortia to provide telemedicine services or distance learning services through telecommunications in rural areas served by a telecommunications provider.
(e)

Coordination With Other Agencies.—
The Secretary shall coordinate, to the extent practicable, with other Federal and State agencies with similar grant or loan programs to pool resources for funding meritorious proposals in rural areas.
(f)

Informational Efforts.—
The Secretary shall establish and implement procedures to carry out informational efforts to advise potential end users located in rural areas of each State about the program authorized by this chapter.
SEC. 2335.
[7 U.S.C. 950aaa–4]

REGULATIONS.
Not later than 180 days after the date of enactment of the Federal Agriculture Improvement and Reform Act of 1996, the Secretary shall issue regulations to carry out this chapter.
SEC. 2335A.
[7 U.S.C. 950aaa–5]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this chapter $82,000,000 for each of fiscal years 2019 through 2023.
* * * * * * *
Subtitle G—

Rural Revitalization Through Forestry
chapter 1—

Forestry Rural Revitalization
SEC. 2371.
[7 U.S.C. 6601]

FORESTRY RURAL REVITALIZATION.
(a)

Establishment of Economic Development and Global Marketing Program.—
The Secretary of Agriculture, acting through the National Institute of Food and Agriculture and the Cooperative Extension System, and in consultation with the Forest Service, shall establish and implement educational programs and provide technical assistance to assist businesses, industries, and policymakers to create jobs, raise incomes, and increase public revenues in manners consistent with environmental concerns.
(b)

Activities.—
Each program established under subsection (a) shall—
(1)
transfer technologies to natural resource-based industries in the United States to make such industries more efficient, productive, and competitive;
(2)
assist businesses to identify global marketing opportunities, conduct business on an international basis, and market themselves more effectively; and
(3)
train local leaders in strategic community economic development.
(c)

Types of Programs.—
The Secretary of Agriculture shall establish specific programs under subsection (a) to—
(1)
delivery educational services focused on community economic analysis, economic diversification, economic impact analysis, retention and expansion of existing commodity and noncommodity industries, amenity resource and tourism development, and entrepreneurship focusing on forest lands and rural communities;
(2)
use Cooperative Extension System databases and analytical tools to help communities diversify their economic bases, add value locally to raw forest product materials, and retain revenues by helping to develop local businesses and industries to supply forest products locally; and
(3)
use the full resources of the Cooperative Extension System, including land-grant universities and county offices, to promote economic development that is sustainable and environmentally sound.
(d)

Rural Revitalization Technologies.—
(1)

In general.—
The Secretary of Agriculture, acting through the Chief of the Forest Service, in consultation with the State and Private Forestry Technology Marketing Unit at the Forest Products Laboratory, and in collaboration with eligible institutions, may carry out a program—
(A)
to accelerate adoption of technologies using biomass and small-diameter materials;
(B)
to create community-based enterprises through marketing activities and demonstration projects; and
(C)
to establish small-scale business enterprises to make use of biomass and small-diameter materials.
(2)

Authorization of appropriations.—
There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2008 through 2023.
CHAPTER 2—

NATIONAL FOREST-DEPENDENT RURAL COMMUNITIES
SEC. 2372.
[7 U.S.C. 6601 note]

SHORT TITLE.
This chapter may be cited as the “National Forest-Dependent Rural Communities Economic Diversification Act of 1990”.
SEC. 2373.
[7 U.S.C. 6611]

FINDINGS AND PURPOSES.
(a)

Findings.—
The Congress finds that—
(1)
the economic well-being of rural America is vital to our national growth and prosperity;
(2)
the economic well-being of many rural communities depends upon the goods and services that are derived from National Forest System land;
(3)
the economies of many of these communities suffer from a lack of industrial and business diversity;
(4)
this lack of diversity is particularly serious in communities whose economies are predominantly dependent on timber and recreation resources and where management decisions made on National Forest System land by Federal and private organizations may disrupt the supply of those resources;
(5)
the Forest Service has expertise and resources that could be directed to promote modernization and economic diversification of existing industries and services based on natural resources;
(6)
the Forest Service has the technical expertise to provide leadership, in cooperation with other governmental agencies and the private sector, to assist rural communities dependent upon National Forest System land resources to upgrade existing industries and diversify by developing new economic activity in non-forest-related industries; and
(7)
technical assistance, training, education, and other assistance provided by the Department of Agriculture can be targeted to provide immediate help to those rural communities in greatest need.
(b)

Purposes.—
The purposes of this chapter are—
(1)
to provide assistance to rural communities that are located in or near National Forest System land and that are economically dependent upon natural resources or are likely to be economically disadvantaged by Federal or private sector land management practices;
(2)
to aid in diversifying such communities' economic bases; and
(3)
to improve the economic, social, and environmental well-being of rural America.
SEC. 2374.
[7 U.S.C. 6612]

DEFINITIONS.
As used in this chapter:
(1)
The term “action team” means a rural natural resources and economic diversification action team established by the Secretary pursuant to section 2375(b).
(2)
The term “economically disadvantaged” means economic hardship due to the loss of jobs or income (labor or proprietor) derived from forestry, the wood products industry, or related commercial enterprises such as recreation and tourism in the national forest.
(3)
The term “rural community” means—
(A)
any town, township, municipality, or other similar unit of general purpose local government, or any area represented by a not-for-profit corporation or institution organized under State or Federal law to promote broad based economic development, or unit of general purpose local government, as approved by the Secretary, that has a population of not more than 10,000 individuals, is located within a county in which at least 15 percent of the total primary and secondary labor and proprietor income is derived from forestry, wood products, and forest-related industries such as recreation, forage production, and tourism and that is located within the boundary, or within 100 miles of the boundary, of a national forest; or
(B)
any county that is not contained within a Metropolitan Statistical Area as defined by the United States Office of Management and Budget, in which at least 15 percent of the total primary and secondary labor and proprietor income is derived from forestry, wood products, and forest-related industries such as recreation, forage production, and tourism and that is located within the boundary, or within 100 miles of the boundary, of a national forest.
(4)
The term “Secretary” means the Secretary of Agriculture.
SEC. 2375.
[7 U.S.C. 6613]

RURAL FORESTRY AND ECONOMIC DIVERSIFICATION ACTION TEAMS.
(a)

Requests for Assistance.—
Economically disadvantaged rural communities may request assistance from the Secretary in identifying opportunities that will promote economic improvement and diversification and revitalization.
(b)

Establishment.—
Upon request, the Secretary may establish rural natural resources and economic diversification action teams to prepare an action plan to provide technical assistance to economically disadvantaged communities. The action plan shall identify opportunities to promote economic diversification and enhance local economies now dependent upon National Forest System land resources. The action team may also identify opportunities to use value-added products and services derived from National Forest System land resources.
(c)

Organization.—
The Secretary shall design and organize any action team established pursuant to subsection (b) to meet the unique needs of the requesting rural community. Each action team shall be directed by an employee of the Forest Service and may include personnel from other agencies within the Department of Agriculture, from other Federal and State departments and agencies, and from the private sector.
(d)

Cooperation.—
In preparing action plans, the Secretary may cooperate with State and local governments, universities, private companies, individuals, and nonprofit organizations for procurement of services determined necessary or desirable.
(e)

Eligibility.—
The Secretary shall ensure that no substantially similar geographical or defined local area in a State receives a grant for technical assistance to an economically disadvantaged community under this chapter and a grant for assistance under a designated rural development program during any continuous five-year period.
(f)

Approval.—
After reviewing requests under this section for financial and economic feasibility and viability, the Secretary shall approve and implement in accordance with section 2376 those action plans that will achieve the purposes of this chapter.
(g)

Definition of Designated Rural Development Program.—
In this section, the term “designated rural development program” means a program carried out under section 304(b), 306(a), or 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1924(b), 1926(a), and 1932(e)) for which funds are available at any time during the fiscal year.
SEC. 2376.
[7 U.S.C. 6614]

ACTION PLAN IMPLEMENTATION.
(a)

In General.—
Action plans shall be implemented, insofar as practicable, to upgrade existing industries to use natural resources more efficiently and to expand the economic base of rural communities so as to alleviate or reduce their dependence on National Forest System land resources.
(b)

Assistance.—
To implement action plans, the Secretary may make grants and enter into cooperative agreements and contracts to provide necessary technical and related assistance. Such grants, cooperative agreements, and contracts may be with the affected rural community, State and local governments, universities, corporations, and other persons.
(c)

Limitation.—
The Federal contribution to the overall implementation of an action plan shall not exceed 80 percent of the total cost of the plan, including administrative and other costs. In calculating the Federal contribution, the Secretary shall take into account the fair market value of equipment, personnel, and services provided.
(d)

Available Authority.—
The Secretary may use the Secretary's authority under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.) and other Federal, State, and local governmental authorities in implementing action plans.
(e)

Consistency With Forest Plans.—
The implementation of action plans shall be consistent with land and resource management plans.
SEC. 2377.
[7 U.S.C. 6615]

TRAINING AND EDUCATION.
(a)

Programs.—
In furtherance of an action plan, the Secretary may use the National Institute of Food and Agriculture and other appropriate agencies of the Department of Agriculture to develop and conduct education programs that assist businesses, elected or appointed officials, and individuals in rural communities to deal with the effects of a transition from being economically disadvantaged to economic diversification. These programs may include—
(1)
community economic analysis and strategic planning;
(2)
methods for improving and retooling enterprises now dependent on national forest resources;14
^{14}
Section 345(e) of the Department of the Interior and Related Agencies Appropriations Act, 2000, as enacted into law by section 1000(a)(3) of Public Law 106–113 (113 Stat. 1501A–204), sought to amend paragraphs (3) and (4) of section 2377(a) by striking “national forest resources” and inserting “National Forest System land resources”. The amendment should have been to “paragraphs (2) and (3)”, rather than “paragraphs (3) and (4)”.
(3)
methods for expanding enterprises and creating new economic opportunities by emphasizing economic opportunities in other industries or services not dependent on National Forest System land resources; and
(4)
assistance in the evaluation, counseling, and enhancement of vocational skills, training in basic and remedial literacy skills, assistance in job seeking skills, and training in starting or operating a business enterprise.
(b)

Existing Educational and Training Programs.—
Insofar as practicable, the Secretary shall use existing Federal, State, and private education resources in carrying out these programs.
SEC. 2378.
[7 U.S.C. 6616]

LOANS TO ECONOMICALLY DISADVANTAGED RURAL COMMUNITIES.
(a)

In General.—
The Secretary, under such terms and conditions as the Secretary shall establish, may make loans to economically disadvantaged rural communities for the purposes of securing technical assistance and services to aid in the development and implementation of action plans, including planning for—
(1)
improving existing facilities in the community that may generate employment or revenue;
(2)
expanding existing infrastructure, facilities, and services to capitalize on opportunities to diversify economies now dependent on National Forest System land resources; and
(3)
supporting the development of new industries or commercial ventures unrelated to National Forest System land resources.
(b)

Interest Rates.—
The interest rates on a loan made pursuant to this section shall be as determined by the Secretary, but not in excess of the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the maturity of such loan, plus not to exceed 1 percent, as determined by the Secretary, and rounded to the nearest one-eighth of 1 percent.
SEC. 2379.
[7 U.S.C. 6617]

AUTHORIZATION OF APPROPRIATIONS AND SPENDING AUTHORITY.
(a)

Authorization of Appropriations.—
Except as provided in subsection (b), there are authorized to be appropriated—
(1)
an amount not to exceed 5 percent of the sum of—
(A)
the sums received by the Secretary from sales of timber and other products of the forests; and
(B)
user fees paid in connection with the use of forest lands; and
(2)
such additional sums as may be necessary to carry out the purposes of this chapter.
(b)

Limitation on Authorization.—
Subsection (a) shall not in any way affect payments to the States pursuant to chapter 192 of the Act of May 23, 1908 (16 U.S.C. 500).
(c)

Spending Authority.—
Any spending authority (as defined in section 401 of the Congressional Budget Act of 1974) provided in this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
Subtitle H—

Miscellaneous Provisions
SEC. 2381.
[7 U.S.C. 3125b]

NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
(a)

Establishment.—
The Secretary shall establish, within the National Agricultural Library, in coordination with the National Institute of Food and Agriculture, a National Rural Information Center Clearinghouse (in this section referred to as the “Clearinghouse”) to perform the functions specified in subsection (b).
(b)

Functions.—
The Clearinghouse shall provide and distribute information and data to any industry, organization, or Federal, State, or local government entity, on request, about programs and services provided by Federal, State, and local agencies and private nonprofit organizations and institutions under which individuals residing in, or organizations and State and local government entities operating in, a rural area may be eligible for any kind of assistance, including job training, education, health care, and economic development assistance, and emotional and financial counseling. To the extent possible, the National Agricultural Library shall use telecommunications technology to disseminate information to rural areas.
(c)

Federal Agencies.—
On request of the Secretary, the head of a Federal agency shall provide to the Clearinghouse such information as the Secretary may request to enable the Clearinghouse to carry out subsection (b).
(d)

State and Local Agencies and Nonprofit Organizations.—
The Secretary shall request State and local governments and private nonprofit organizations and institutions to provide to the Clearinghouse such information as such agencies and organizations may have about any program or service of such agencies, organizations, and institutions under which individuals residing in a rural area may be eligible for any kind of assistance, including job training, educational, health care, and economic development assistance, and emotional and financial counseling.
(e)

Limitation on Authorization of Appropriations.—
To carry out this section, there are authorized to be appropriated $500,000 for each of the fiscal years 1991 through 2023.
* * * * * * *
TITLE XXIV—

GLOBAL CLIMATE CHANGE
SEC. 2401.
[7 U.S.C. 6701 note]

SHORT TITLE.
This title may be cited as the “Global Climate Change Prevention Act of 1990”.
SEC. 2402.
[7 U.S.C. 6701]

GLOBAL CLIMATE CHANGE PROGRAM.
(a)

Establishment.—
For the purpose of having within the Department of Agriculture a focal point for coordinating all issues of climate change, the Secretary of Agriculture (hereafter in this title referred to as the “Secretary”) shall establish a Global Climate Change Program (hereafter in this section referred to as the “Program”). The Secretary shall designate a director of the Program who shall be responsible to the Secretary for carrying out the duties specified in subsections (b) and (c).
(b)

General Duties.—
The Director shall—
(1)
coordinate policy analysis, long range planning, research, and response strategies relating to climate change issues;
(2)
provide liaison with other Federal agencies, through the Office of Science and Technology Policy, regarding issues of climate change;
(3)
inform the Department of scientific developments and policy issues relating to the effects of climate change on agriculture and forestry, including broader issues that affect the impact of climate change on the farms and forests of the United States;
(4)
recommend to the Secretary alternative courses of action with which to respond to such scientific developments and policy issues; and
(5)
ensure that recognition of the potential for climate change is fully integrated into the research, planning, and decision-making processes of the Department.
(c)

Specific Responsibilities.—
The Director shall—
(1)
coordinate the global climate change studies required by section 2403;
(2)
provide, through such other agencies as the Secretary determines appropriate, competitive grants for research in climatology relating to the potential impact of climate change on agriculture;
(3)
coordinate the participation of the Department in interagency climate-related activities;
(4)
consult with the National Academy of Sciences and private, academic, State, and local groups with respect to climate research and related activities;
(5)
represent the Department to the Office of Science and Technology Policy and coordinate the activities of the Department in response to requirements of this title;
(6)
represent the Department on the Intergovernmental Panel on Climate Change; and
(7)
review all Department budget items relating to climate change issues, including specifically the research budget to be submitted by the Secretary to the Office of Science and Technology Policy and the Office of Management and Budget.
SEC. 2403.
[7 U.S.C. 6702]

STUDY OF GLOBAL CLIMATE CHANGE, AGRICULTURE, AND FORESTRY.
(a)

Crops.—
(1)

In general.—
The Secretary shall study the effects of global climate change on agriculture and forestry. The study shall, at a minimum address—
(A)
the effects of simultaneous increases in temperature and carbon dioxide on crops of economic significance;
(B)
the effects of more frequent or more severe weather events on such crops;
(C)
the effects of potential changes in hydrologic regimes on current crop yields;
(D)
the economic effects of widespread and increased drought frequency in the south, midwest, and plains States; and
(E)
changes in pest problems due to higher temperatures.
(2)

Further studies.—
If the results of the study conducted under paragraph (1) warrant, the Secretary shall conduct further studies that address the means of mitigating the effects of global climate change on crops of economic significance that shall, at a minimum—
(A)
identify whether climate change tolerance can be bred into these crops, the amount of time necessary for any such breeding, and the effects on the income of farmers;
(B)
evaluate existing genetic resource and breeding programs for crops for their ability to develop new varieties that can tolerate potential climate changes; and
(C)
assess the potential for the development of crop varieties that are tolerant to climate changes and other environmental stresses, such as drought, pests, and salinity.
(b)

Forests.—
The Secretary shall conduct a study on the emissions of methane, nitrous oxide, and hydrocarbons from tropical and temperate forests, the manner in which such emissions may affect global climate change; the manner in which global climate change may affect such emissions; and the manner in which such emissions may be reduced through management practices. The study shall, at a minimum—
(1)
obtain measurements of nitrous oxide, methane, and nonmethane hydrocarbons from tropical and temperate forests;
(2)
determine the manner in which the nitrous oxide, methane, and nonmethane hydrocarbon emissions from temperate and tropical forest systems will respond due to climate change; and
(3)
identify and address alternative management strategies for temperate and tropical forests that may mitigate any negative effects of global climate change.
(c)

Reports.—
The Secretary shall submit reports of the studies conducted under subsections (a) and (b) within 3 and 6 years, respectively, after the date of enactment of this Act to the Committee on Agriculture and the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Agriculture, Nutrition, and Forestry of the Senate. In addition, interim reports regarding such studies shall be provided by the Secretary to such Committees annually, with recommendations for actions which may be taken to mitigate the negative effects of global climate change and to adapt to global climate changes and related phenomena.
SEC. 2404.

Repealed by section 868 of Pub. L. 104–127 (110 Stat. 1175).
SEC. 2405.
[7 U.S.C. 6704]

OFFICE OF INTERNATIONAL FORESTRY.
(a)

Establishment.—
The Secretary, acting through the Chief of the Forest Service, shall establish an Office of International Forestry within the Forest Service within six months after the date of enactment of this Act.
(b)

Deputy Chief Designation.—
The Chief shall appoint a Deputy Chief for International Forestry.
(c)

Duties.—
The Deputy Chief shall—
(1)
be responsible for the international forestry activities of the Forest Service;
(2)
coordinate the activities of the Forest Service in implementing the provisions of this title; and
(3)
serve as Forest Service liaison to the director for the program established pursuant to section 2402.
(d)

Authorization of Appropriations.—
There are authorized to be appropriated for each of fiscal years 1996 through 2018 such sums as are necessary to carry out this section.
SEC. 2406.
[7 U.S.C. 6705]

LINE ITEM.
The President's proposed budget to Congress for the first fiscal year beginning after the date of enactment of this Act and for each subsequent fiscal year shall specifically identify funds to be spent on Forest Service international cooperation and assistance.
SEC. 2407.
[7 U.S.C. 6706]

INSTITUTES OF TROPICAL FORESTRY.
The Secretary is authorized and directed to establish an Institute of Tropical Forestry in Puerto Rico and an Institute of Pacific Islands Forestry (hereafter in this section referred to as the “Institutes”). The Institutes shall conduct research on forest management and natural resources that shall include—
(1)
management and development of tropical forests;
(2)
the relationship between climate change and tropical forests;
(3)
threatened and endangered species;
(4)
recreation and tourism;
(5)
development of tropical forest resources on a sustained yield basis;
(6)
techniques to monitor the health and productivity of tropical forests;
(7)
tropical forest regeneration and restoration; and
(8)
the effects of tropical deforestation on biodiversity, global climate, wildlife, soils, and water.
SEC. 2408.

THE FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT OF 1974.
[This section consisted of amendments to the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).]
SEC. 2409.
[7 U.S.C. 6707]

URBAN FORESTRY DEMONSTRATION PROJECTS.
The Secretary is authorized to undertake, through the Forest Service's Northeastern Area State and Private Forestry program, a study and pilot implementation project to demonstrate the benefits of retaining and integrating forests in urban development. The focus of such a study and implementation project should be to protect the environment and associated natural resource values, for current and future generations.
[Section 2410 was repealed by section 8301(a) of Public Law 115-334.]
SEC. 2411.
[7 U.S.C. 6709]

INTERAGENCY COOPERATION TO MAXIMIZE BIOMASS GROWTH.
The Secretary may enter into an agreement with the Secretary of Defense to develop a program to manage forests and land on Department of Defense military installations so as to maximize their potential for biomass growth and sequestering carbon dioxide.
SEC. 2412.
[7 U.S.C. 6710]

AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1991 through 1997, to carry out this title.
TITLE XXV—

OTHER RELATED PROVISIONS
SEC. 2501.
[7 U.S.C. 2279]

FARMING OPPORTUNITIES TRAINING AND OUTREACH.
(a)

Definitions.—
In this section:
(1)

Agricultural programs.—
The term “agricultural programs” are those established or authorized by—
(A)
the Agricultural Act of 1949;
(B)
the Consolidated Farm and Rural Development Act;
(C)
the Agricultural Adjustment Act of 1938;
(D)
the Soil Conservation Act;
(E)
the Domestic Allotment Assistance Act;
(F)
the Food Security Act of 1985; and
(G)
other such Acts as the Secretary deems appropriate.
(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.
(3)

Department.—
The term “Department” means the Department of Agriculture.
(4)

Secretary.—
The term “Secretary” means the Secretary of Agriculture.
(5)

Socially disadvantaged farmer or rancher.—
The term “socially disadvantaged farmer or rancher” means a farmer or rancher who is a member of a socially disadvantaged group.
(6)

Socially disadvantaged group.—
The term “socially disadvantaged group” means a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities.
(7)

Veteran farmer or rancher.—
The term “veteran farmer or rancher” means a farmer or rancher who has served in the Armed Forces (as defined in section 101(10) of title 38 United States Code) and who—
(A)
has not operated a farm or ranch;
(B)
has operated a farm or ranch for not more than 10 years; or
(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)

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.
(c)

Outreach and Assistance for Socially Disadvantaged and Veteran Farmers and Ranchers.—
(1)

Eligible entity.—
In this subsection, the term “eligible entity” means any of the following:
(A)
Any community-based organization, network, or coalition of community-based organizations that—
(i)
has demonstrated experience in providing agricultural education or other agriculturally related services to socially disadvantaged farmers and ranchers and veteran farmers or ranchers;
(ii)
has provided to the Secretary documentary evidence of work with, and on behalf of, socially disadvantaged farmers or ranchers and veteran farmers or ranchers during the 3-year period preceding the submission of an application for assistance under this subsection; and
(iii)
does not engage in activities prohibited under section 501(c)(3) of the Internal Revenue Code of 1986.
(B)
An 1890 institution or 1994 institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)), including West Virginia State College.
(C)
An Indian tribal community college or an Alaska Native cooperative college.
(D)
An Hispanic-serving institution (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
(E)
Any other institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers and ranchers in a region.
(F)
An Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)) or a national tribal organization that has demonstrated experience in providing agriculture education or other agriculturally related services to socially disadvantaged farmers and ranchers in a region.
(G)
An organization or institution that received funding under subsection (a) before January 1, 1996, but only with respect to projects that the Secretary considers are similar to projects previously carried out by the organization or institution under such subsection.
(2)

Program.—
Using funds made available under subsection (l), the Secretary of Agriculture shall, for the period of fiscal years 2019 through 2023, carry out an outreach and technical assistance program to encourage and assist socially disadvantaged farmers and ranchers and veteran farmers or ranchers—
(A)
in owning and operating farms and ranches; and
(B)
in participating equitably in the full range of agricultural, forestry, and related 15 programs offered by the Department.
^{15}
Section 12301(b)(7)(E)(ii) and (iii) of Public Law 115-334 provide for identical amendments to section 2501(c)(2). The first amendment was carried out while the second amendment was ignored according to the probable intent of Congress.
(3)

Requirements.—
The outreach and technical assistance program under paragraph (2) shall be used exclusively—
(A)
to enhance coordination of the outreach, technical assistance, and education efforts authorized under agriculture programs; and
(B)
to assist the Secretary in—
(i)
reaching current and prospective socially disadvantaged farmers or ranchers and veteran farmers or ranchers in a linguistically appropriate manner; and
(ii)
improving the participation of those farmers and ranchers in Department programs, as reported under section 2501A.
(4)

Grants and contracts.—
(A)

Outreach and technical assistance.—
The Secretary may make grants to, and enter into contracts and other agreements with, an eligible entity that has demonstrated an ability to carry out the requirements described in paragraph (3) to provide outreach and technical assistance to socially disadvantaged farmers and ranchers and veteran farmers and ranchers under this subsection.
(B)

Relationship to other law.—
The authority to carry out this section shall be in addition to any other authority provided in this or any other Act.
(C)

Other projects.—
Notwithstanding paragraph (2), the Secretary may make grants to, and enter into contracts and other agreements with, an organization or institution that received funding under this section before January 1, 1996, to carry out a project that is similar to a project for which the organization or institution received such funding.
(D)

Report.—
The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and make publicly available, an annual report that includes a list of the following:
(i)
The recipients of funds made available under the program.
(ii)
The activities undertaken and services provided.
(iii)
The number of current and prospective socially disadvantaged farmers or ranchers served and outcomes of such service.
(iv)
The problems and barriers identified by entities in trying to increase participation by current and prospective socially disadvantaged farmers or ranchers.
(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).
(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.
(5)

Socially Disadvantaged Farmers and Ranchers Policy Research Center.—
The Secretary shall award a grant to a college or university eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321 et seq.), including Tuskegee University, to establish a policy research center to be known as the “Socially Disadvantaged Farmers and Ranchers Policy Research Center” for the purpose of developing policy recommendations for the protection and promotion of the interests of socially disadvantaged farmers and ranchers.
(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.
(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).
(g)

Designation of Federal Personnel.—
(1)

In general.—
The Secretary shall designate from existing Federal personnel resources in the county or region a qualified person who shall, in cooperation with the State cooperative extension services, implement the policies and programs established or modified in accordance with this section.
(2)

Additional personnel.—
In counties or regions in which the number of socially disadvantaged farmers and ranchers or veteran farmers and ranchers exceeds 25 percent of the total number of farmers and ranchers in the county or region, the Secretary shall designate additional personnel to implement the policies and programs established or modified in accordance with this section.
(h)

Affirmative Action, Appeals, and Contracting Review.—
(1)

Purpose.—
It is the purpose of this subsection to direct the Secretary to analyze within the Department the design and implementation of affirmative action programs and policies, the appeals process for complaints of discrimination, and contracting and purchasing practices employed by the Department.
(2)

Scope.—
The study shall include—
(A)
an assessment of the successes and failures of these affirmative action programs and policies;
(B)
a review of the reasons for the successes and failures described in subparagraph (A);
(C)
a review of procurement, contracting, and purchasing policies of the Department, the level of participation of socially disadvantaged businesses in such activities, and the impact of those policies on the participation of members of socially disadvantaged groups in such contracting with the Department;
(D)
a review of the reasons for participation or lack of participation of businesses owned by members of socially disadvantaged groups in the activities described in subparagraph (C); and
(E)
a review of the appeals process for all complaints or allegations regarding acts, practices, or patterns of discrimination filed with the Department by individuals or any other entities that shall include—
(i)
the number of complaints or allegations regarding acts, practices, or patterns of discrimination;
(ii)
the manner in which the complaints were investigated and resolved by the Department; and
(iii)
the longest, shortest, and average periods of time taken to investigate and resolve the complaints or allegations regarding acts, practices, or patterns of discrimination.
(3)

Report.—
Not later than November 28, 1991, and not later than March 1, 2020, the Secretary 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 containing the information described in paragraph (2).
(i)

Reservations.—
(1)

Consolidated suboffice.—
The Secretary shall require the Farm Service Agency and Natural Resources Conservation Service, and such other offices and functions the Secretary may choose to include where there has been a need demonstrated, in each county that has a reservation within its borders, to establish a consolidated suboffice at the tribal headquarters of said reservation and to staff said suboffice as needed, using existing staff, but no less than one day a week or under such other arrangement agreed to by the tribe and the Department offices.
(2)

Cooperative agreements.—
For those reservations that are located in more than one county, the Secretary, the relevant county offices and the tribe shall enter into a cooperative agreement to provide the services required by paragraph (1) that avoids duplication of effort.
(j)

Accurate Documentation.—
The Secretary shall ensure, to the maximum extent practicable, that the Census of Agriculture and studies carried out by the Economic Research Service accurately document the number, location, and economic contributions of socially disadvantaged farmers or ranchers in agricultural production.
(k)

Report to Congress.—
(1)

In general.—
Not later than September 30, 1992, and every two years thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, regarding—
(A)
the efforts of the Secretary to enhance participation by veteran farmers or ranchers and members of socially disadvantaged groups in agricultural programs;
(B)
the specific participation goals established for each agricultural program;
(C)
the results achieved for each agricultural program; and
(D)
the progress of the Department towards meeting each of the purposes described in paragraph (2)(C).
(2)

Contents.—
In addition to the information specified in paragraph (1), the report required by paragraph (1) shall include—
(A)
a comparison of the participation goals and the actual participation rates of veteran farmers or ranchers and members of socially disadvantaged groups in each agricultural program;
(B)
an analysis and explanation of the reasons for the success or failure of the Secretary to achieve the goals, and the overall purposes of this section;
(C)
a listing, on a State-by-State and county-by-county basis, of—
(i)
the amount of funds loaned to members of socially disadvantaged groups; and
(ii)
the amount of funds used to guarantee loans to members of socially disadvantaged groups compared to the total amount of such guarantees;
(D)
a breakdown in allocation of crop base in each program crop compared to the target participation rates established pursuant to sections 355(a)(1) and 355(c) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(a)(1)), on a State-by-State and county-by-county basis; and
(E)
a review and analysis of participation by members of socially disadvantaged groups, compared to participation by all others, in agricultural programs, on a State-by-State and county-by-county basis, including a survey representative of all farmers and ranchers, including socially disadvantaged farmers and ranchers, to identify reasons for participation and nonparticipation in agricultural programs.
(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. 2501A.
[7 U.S.C. 2279–1]

TRANSPARENCY AND ACCOUNTABILITY FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.
(a)

Purpose.—
The purpose of this section is to ensure compilation and public disclosure of data to assess and hold the Department of Agriculture accountable for the nondiscriminatory participation of socially disadvantaged farmers and ranchers in programs of the Department.
(b)

Definition of Socially Disadvantaged Farmer or Rancher.—
In this section, 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)).
(c)

Compilation of Program Participation Data.—
(1)

Annual requirement.—
For each county and State in the United States, the Secretary of Agriculture (referred to in this section as the “Secretary”) shall annually compile program application and participation rate data regarding socially disadvantaged farmers or ranchers by computing for each program of the Department of Agriculture that serves agricultural producers and landowners—
(A)
raw numbers of applicants and participants by race, ethnicity, and gender, subject to appropriate privacy protections, as determined by the Secretary; and
(B)
the application and participation rate, by race, ethnicity, and gender, as a percentage of the total participation rate of all agricultural producers and landowners.
(2)

Authority to collect data.—
The heads of the agencies of the Department of Agriculture shall collect and transmit to the Secretary any data, including data on race, gender, and ethnicity, that the Secretary determines to be necessary to carry out paragraph (1).
(3)

Report.—
Using the technologies and systems of the National Agricultural Statistics Service, the Secretary shall compile and present the data compiled under paragraph (1) for each program described in that paragraph in a manner that includes the raw numbers and participation rates for—
(A)
the entire United States;
(B)
each State; and
(C)
each county in each State.
(4)

Public availability of report.—
The Secretary shall maintain and make readily available to the public, via website and otherwise in electronic and paper form, the report described in paragraph (3).
(d)

Limitations on Use of Data.—
(1)

Privacy protections.—
In carrying out this section, the Secretary shall not disclose the names or individual data of any program participant.
(2)

Authorized uses.—
The data under this section shall be used exclusively for the purposes described in subsection (a).
(3)

Limitation.—
Except as otherwise provided, the data under this section shall not be used for the evaluation of individual applications for assistance.
(e)

Receipt for Service or Denial of Service.—
In any case in which a current or prospective producer or landowner, in person or in writing, requests from the Farm Service Agency, the Natural Resources Conservation Service, or an agency of the Rural Development Mission Area any benefit or service offered by the Department to agricultural producers or landowners, the Secretary shall issue, on the date of the request, a receipt to the producer or landowner that contains—
(1)
the date, place, and subject of the request; and
(2)
the action taken, not taken, or recommended to the producer or landowner.
* * * * * * *
SEC. 2509.
[21 U.S.C. 136a]

COLLECTION OF FEES FOR INSPECTION SERVICES.
(a)

Quarantine and Inspection Fees.—
(1)

Fees authorized.—
The Secretary of Agriculture may prescribe and collect fees sufficient—
(A)
to cover the cost of providing agricultural quarantine and inspection services in connection with the arrival at a port in the customs territory of the United States, or the preclearance or preinspection at a site outside the customs territory of the United States, of an international passenger, commercial vessel, commercial aircraft, commercial truck, or railroad car;
(B)
to cover the cost of administering this subsection; and
(C)
through fiscal year 2002, to maintain a reasonable balance in the Agricultural Quarantine Inspection User Fee Account established under paragraph (5).
(2)

Limitation.—
In setting the fees under paragraph (I), the Secretary shall ensure that the amount of the fees is commensurate with the costs of agricultural quarantine and inspection services with respect to the class of persons or entities paying the fees. The costs of the services with respect to passengers as a class includes the costs of related inspections of the aircraft or other vehicle.
(3)

Status of fees.—
Fees collected under this subsection by any person on behalf of the Secretary are held in trust for the United States and shall be remitted to the Secretary in such manner and at such times as the Secretary may prescribe.
(4)

Late payment penalties.—
If a person subject to a fee under this subsection fails to pay the fee when due, the Secretary shall assess a late payment penalty, and the overdue fees shall accrue interest, as required by section 3717 of title 31, United States Code.
(5)

Agricultural quarantine inspection user fee account.—
(A)

Establishment.—
There is established in the Treasury of the United States a fund, to be known as the “Agricultural Quarantine Inspection User Fee Account”, which shall contain all of the fees collected under this subsection and late payment penalties and interest charges collected under paragraph (4) through fiscal year 2002.
(B)

Use of account.—
For each of fiscal years 1996 through 2002, funds in the Agricultural Quarantine Inspection User Fee Account shall be available, in such amounts as are provided in advance in appropriations Acts, to cover the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. Amounts made available under this subparagraph shall be available until expended.
(C)

Excess fees.—
Fees and other amounts collected under this subsection in any of fiscal years 1996 through 2002 in excess of $100,000,000 shall be available for the purposes specified in subparagraph (B) until expended, without further appropriation.
(6)

Use of amounts collected after fiscal year 2002.—
After September 30, 2002, the unobligated balance in the Agricultural Quarantine Inspection User Fee Account and fees and other amounts collected under this subsection shall be credited to the Department of Agriculture accounts that incur the costs associated with the provision of agricultural quarantine and inspection services and the administration of this subsection. The fees and other amounts shall remain available to the Secretary until expended without fiscal year limitation.
(7)

Staff years.—
The number of full-time equivalent positions in the Department of Agriculture attributable to the provision of agricultural quarantine and inspection services and the administration of this subsection shall not be counted toward the limitation on the total number of full-time equivalent positions in all agencies specified in section 5(b) of the Federal Workforce Restructuring Act of 1994 (Public Law 103–226; 5 U.S.C. 3101 note) or other limitation on the total number of full-time equivalent positions.
(b)
[omitted—amends another Act]
(c)

Animal Inspection and Veterinary Diagnostics.—
(1)

Animal inspection.—
The Secretary may prescribe and collect fees to reimburse the Secretary for the cost of carrying out the provisions of the Federal Animal Quarantine Laws that relate to the importation, entry, and exportation of animals, articles, or means of conveyance.
(2)16

Veterinary diagnostics.—
The Secretary may prescribe and collect fees to recover the costs of carrying out the provisions of the Animal Health Protection Act that relate to veterinary diagnostics.
^{16}
There are two paragraph designated as paragraph (2) in subsection (c).
(2)

Veterinary diagnostics.—
Section 11 of the Act of May 29, 1884 (58 Stat. 734, as amended, 21 U.S.C. 114a), is amended by inserting immediately following the first sentence: “The Secretary of Agriculture is authorized to prescribe and collect fees to recover the costs of carrying out the provisions of this section which relate to veterinary diagnostics.”.
(3)

Fees.—
All fees collected pursuant to this subsection and any late payment penalties or accrued interest collected pursuant to this subsection shall be credited to the accounts that incur the cost and shall remain available until expended without fiscal year limitation.
(4)

Liability.—
Any person for whom an activity related to the importation, entry, or exportation of an animal, article, or means of conveyance or relating to veterinary diagnostics, is performed pursuant to the section, shall be liable for payment of fees assessed. Upon failure to pay such fees when due, the Secretary shall assess a late payment penalty, and such overdue fees shall accrue interest, as required by section 3717 of title 31, United States Code. All fees, late payment penalties, and accrued interest collected shall be credited to such accounts that incur the costs and shall remain available until expended without fiscal year limitation.
(5)

Leins.—
(A)

In general.—
The Secretary shall have a lien against the animal, article, means of conveyance, or facility for which services have been provided under this section for the fees, any late payment penalty, and any accrued interest assessed under this subsection.
(B)

Other animals, etc.—
In the case of any person who fails to make payment when due under this subsection, the Secretary shall have a lien against any animal, article, or means of conveyance thereafter imported, moved in interstate commerce, or attempted to be exported by the person after the date of such failure until the date on which such owner or operator make full payment to the Secretary under this subsection.
(C)

Sales of animals, etc.—
(i)

Authority.—
The Secretary may, if a person does not pay fees, late payment penalties, or accrued interest on such, after providing reasonable notice of default to such person, sell at public sale after reasonable public notice, or otherwise dispose of, any such animal, article, means of conveyance or facility on which the Secretary has a lien under this paragraph.
(ii)

Excess proceeds.—
If the sale proceeds under clause (i) exceed the fees due, any late payment penalty assessed, any accrued interest on such, and the expenses associated with the sale, such excess shall be paid to the owner of the animal, article, means of conveyance, or facility if such owner submits an application for such excess together with proof of ownership not later than 6 months after the date of such sale. If no such application is made, such excess shall be credited to accounts that incur the costs associated with the fees collected and shall remain available until expended, without fiscal year limitation. The Secretary shall suspend performance of services to persons who have failed to pay fees, late payment penalty, or accrued interest under this section.
(d)

Regulations.—
The Secretary may prescribe such regulations as the Secretary determines necessary to carry out the provisions of this section.
(e)

Recovery of Amounts Owed.—
An action may be brought for the recovery of fees, late payment penalties, and accrued interest which have not been paid in accordance with this section against any person obligated for payment of such assessments under this section in any United States district court or other United States court for any territory or possession in any jurisdiction in which such person is found or resides or transacts business, and such court shall have jurisdiction to hear and decide such action.
(f)

Definitions.—
(1)

Animal quarantine laws.—
For purposes of this section, the term “animal quarantine laws” means—
(A)
section 306 of the Tariff Act of 1930 (19 U.S.C. 1306);
(B)
section 9 of the Act of August 30, 1890 (21 U.S.C. 101);
(C)
the Animal Health Protection Act; or
(D)
any other Act administered by the Secretary relating to plant or animal diseases or pests.
(2)

Customs territory.—
For the purposes of subsection (a), the term “customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.
(3)

Person.—
For the purposes of this section, the term “person” means an individual, corporation, partnership, trust, association, or any other public or private entity, or any officer, employee, or agent thereof.
(4)

United states.—
For the purposes of subsection (b), the term “United States” means the several States of the United States, the District of Columbia, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and all other territories and possessions of the United States.
(5)

Vessel.—
For the purposes of subsection (a), the term “vessel” does not include any ferry.
* * * * * * *