[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[Senate]
[Pages S4371-S4376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3069. Ms. HARRIS submitted an amendment intended to be proposed by 
her to the bill H.R. 2, to provide for the reform and continuation of 
agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TRACKING CASES OF COCCIDIOIDOMYCOSIS.

       (a) Registry.--
       (1) In general.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary''), acting 
     through the Centers for Disease Control and Prevention and in 
     consultation with the Secretary of Agriculture, shall 
     establish a registry for reports of cases of 
     coccidioidomycosis.
       (2) Grant program.--The Secretary shall award grants to 
     States and State and local departments of health for the 
     purpose of supporting the surveillance of cases of 
     coccidioidomycosis within the applicable State, and the 
     reporting of any such cases to the registry established under 
     paragraph (1).
       (3) Year of diagnosis.--In listing cases of 
     coccidioidomycosis in the registry established under 
     paragraph (1), the Secretary shall attribute each case to the 
     year in which it was diagnosed.
       (b) Protocols and Guidelines.--The Secretary, in 
     consultation with the Secretary of Agriculture, shall make 
     publicly available any protocols and guidelines developed by 
     the Department of Agriculture, the National Institutes of 
     Health, the Centers for Disease Control and Prevention, or 
     appropriate professional health care organizations, for 
     purposes of educating health care providers, farmers, and 
     other agricultural workers regarding the most recent 
     scientific and medical information on the etiology, 
     transmission, diagnosis, surveillance, and treatment of 
     coccidioidomycosis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3070. Ms. SMITH (for herself, Ms. Murkowski, and Mr. Udall) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2, to provide for the reform and continuation of agricultural and other 
programs of the Department of Agriculture through fiscal year 2023, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, insert the 
     following:

     SEC. 12512. SELF-DETERMINATION FOR SNAP.

       Title I of the Indian Self-Determination Act (25 U.S.C. 
     5321 et seq.) is amended by adding at the end the following:

     ``SEC. 112. SELF-DETERMINATION FOR SNAP.

       ``(a) Agriculture Self-determination Authorized.--The 
     Secretary of Agriculture shall enter into self-determination 
     contracts, in accordance with subsection (b), with Indian 
     tribes and tribal organizations, upon the request of any 
     Indian tribe by tribal resolution, to plan, conduct, and 
     administer any function, service, or activity of a 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) 
     for the Indian tribe.
       ``(b) Self-determination Contract.--A self-determination 
     contract entered into under subsection (a) shall have the 
     same terms and conditions, and be subject to the same 
     procedures, regulations, and requirements, as a self-
     determination contract entered into under section 102, except 
     that the Secretary of Agriculture and the Department of 
     Agriculture shall be the appropriate Secretary and agency for 
     purposes of a self-determination contract under this section.
       ``(c) Technical Assistance.--The Office of Self-Governance 
     of the Bureau of Indian Affairs shall provide technical 
     assistance regarding the self-determination contracts 
     authorized under this section to the Secretary of 
     Agriculture, and to Indian tribes and tribal organizations 
     who request such assistance.''.
                                 ______
                                 
  SA 3071. Ms. SMITH submitted an amendment intended to be proposed by 
her to the bill H.R. 2, to provide for the reform and continuation of 
agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 2204, strike paragraph (1)(B) and insert the 
     following:
       (B) in paragraph (1), by inserting ``to the maximum extent 
     practicable,'' before ``enroll''; and
                                 ______
                                 
  SA 3072. Mr. CORNYN (for himself and Mr. Jones) submitted an 
amendment intended to be proposed by him to the bill H.R. 2, to provide 
for the reform and continuation of agricultural and other programs of 
the Department of Agriculture through fiscal year 2023, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title I, add the following:

     SEC. 12__. COTTON CLASSIFICATION SERVICES.

       Section 3a of the Act entitled ``An Act Authorizing the 
     Secretary of Agriculture to collect and publish statistics of 
     the grade and staple length of cotton'', approved March 3, 
     1927 (7 U.S.C. 473a) is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Hiring Authority.--Notwithstanding any other 
     provision of law, an employee hired to provide cotton 
     classification services under this section may--
       ``(1) work not more than 240 calendar days in a service 
     year; and
       ``(2) be rehired noncompetitively each year in the same or 
     a successor position if that employee meets performance and 
     conduct expectations, as determined by the Secretary.''.
                                 ______
                                 
  SA 3073. Mr. CORNYN (for himself and Mr. Jones) submitted an 
amendment intended to be proposed by him to the bill H.R. 2, to provide 
for the reform and continuation of agricultural and other programs of 
the Department of Agriculture through fiscal year 2023, and for other 
purposes; which was ordered to lie on the table; as follows:


[[Page S4372]]


  

       At the end of subtitle B of title I, add the following:

     SEC. 12__. UPLAND COTTON.

       (a) Loan Rates for Nonrecourse Marketing Assistance 
     Loans.--Section 1202 of the Agricultural Act of 2014 (7 
     U.S.C. 9032) is amended--
       (1) in subsection (a)--
       (A) in paragraph (6), by striking ``In the case'' and 
     inserting ``Subject to subsection (d), in the case''; and
       (B) in paragraph (7), by striking ``$0.7977'' and inserting 
     ``$0.95''; and
       (2) by adding at the end the following:
       ``(d) Upland Cotton.--The loan rate determined under 
     subsection (a)(6) shall not equal less than an amount equal 
     to 98 percent of the loan rate for base quality of upland 
     cotton that was applied the preceding year.''.
       (b) Special Competitive Provisions for Extra Long Staple 
     Cotton.--Section 1208(b)(2) of the Agricultural Act of 2014 
     (7 U.S.C. 9038(b)(2)) is amended by striking ``134'' and 
     inserting ``113''.
                                 ______
                                 
  SA 3074. Mr. LEE (for himself, Mr. Booker, and Ms. Hassan) submitted 
an amendment intended to be proposed by him to the bill H.R. 2, to 
provide for the reform and continuation of agricultural and other 
programs of the Department of Agriculture through fiscal year 2023, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. ___. OPPORTUNITIES FOR FAIRNESS IN FARMING.

       (a) Short Title.--This section may be cited as the 
     ``Opportunities for Fairness in Farming Act of 2018''.
       (b) Findings.--Congress finds that--
       (1) the generic programs to promote and provide research 
     and information for an agricultural commodity (commonly known 
     as ``checkoff programs'') are intended to increase demand for 
     all of that agricultural commodity and benefit all assessed 
     producers of that agricultural commodity;
       (2) although the laws establishing checkoff programs 
     broadly prohibit the use of funds in any manner for the 
     purpose of influencing legislation or government action, 
     checkoff programs have repeatedly been shown to use funds to 
     influence policy directly or by partnering with organizations 
     that lobby;
       (3) the unlawful use of checkoff programs funds benefits 
     some agricultural producers while harming many others;
       (4) to more effectively prevent Boards from using funds for 
     unlawful purposes, strict separation of engagement between 
     the Boards and policy entities is necessary;
       (5) conflicts of interest in the checkoff programs allow 
     special interests to use checkoff program funds for the 
     benefit of some assessed agricultural producers at the 
     expense of many others;
       (6) prohibiting conflicts of interest in checkoff programs 
     is necessary to ensure the proper and lawful operation of the 
     checkoff programs;
       (7) checkoff programs are designed to promote agricultural 
     commodities, not to damage other types of agricultural 
     commodities through anticompetitive conduct or otherwise;
       (8) prohibiting anticompetitive and similar conduct is 
     necessary to ensure proper and lawful operation of checkoff 
     programs;
       (9) lack of transparency in checkoff programs enables 
     abuses to occur and conceals abuses from being discovered; 
     and
       (10) requiring transparency in the expenditure of checkoff 
     program funds is necessary to prevent and uncover abuses in 
     checkoff programs.
       (c) Definitions.--In this section:
       (1) Board.--The term ``Board'' means a board, committee, or 
     similar entity established to carry out a checkoff program or 
     an order issued by the Secretary under a checkoff program.
       (2) Checkoff program.--The term ``checkoff program'' means 
     a program to promote and provide research and information for 
     a particular agricultural commodity without reference to 
     specific producers or brands, including a program carried out 
     under any of the following:
       (A) The Cotton Research and Promotion Act (7 U.S.C. 2101 et 
     seq.).
       (B) The Potato Research and Promotion Act (7 U.S.C. 2611 et 
     seq.).
       (C) The Egg Research and Consumer Information Act (7 U.S.C. 
     2701 et seq.).
       (D) The Beef Research and Information Act (7 U.S.C. 2901 et 
     seq.).
       (E) The Wheat and Wheat Foods Research and Nutrition 
     Education Act (7 U.S.C. 3401 et seq.).
       (F) The Floral Research and Consumer Information Act (7 
     U.S.C. 4301 et seq.).
       (G) Subtitle B of the Dairy Production Stabilization Act of 
     1983 (7 U.S.C. 4501 et seq.).
       (H) The Honey Research, Promotion, and Consumer Information 
     Act (7 U.S.C. 4601 et seq.).
       (I) The Pork Promotion, Research, and Consumer Information 
     Act of 1985 (7 U.S.C. 4801 et seq.).
       (J) The Watermelon Research and Promotion Act (7 U.S.C. 
     4901 et seq.).
       (K) The Pecan Promotion and Research Act of 1990 (7 U.S.C. 
     6001 et seq.).
       (L) The Mushroom Promotion, Research, and Consumer 
     Information Act of 1990 (7 U.S.C. 6101 et seq.).
       (M) The Lime Research, Promotion, and Consumer Information 
     Act of 1990 (7 U.S.C. 6201 et seq.).
       (N) The Soybean Promotion, Research, and Consumer 
     Information Act (7 U.S.C. 6301 et seq.).
       (O) The Fluid Milk Promotion Act of 1990 (7 U.S.C. 6401 et 
     seq.).
       (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion 
     and Information Act of 1993 (7 U.S.C. 6801 et seq.).
       (Q) The Sheep Promotion, Research, and Information Act of 
     1994 (7 U.S.C. 7101 et seq.).
       (R) Section 501 of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7401).
       (S) The Commodity Promotion, Research, and Information Act 
     of 1996 (7 U.S.C. 7411 et seq.).
       (T) The Canola and Rapeseed Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 7441 et seq.).
       (U) The National Kiwifruit Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 7461 et seq.).
       (V) The Popcorn Promotion, Research, and Consumer 
     Information Act (7 U.S.C. 7481 et seq.).
       (W) The Hass Avocado Promotion, Research, and Information 
     Act of 2000 (7 U.S.C. 7801 et seq.).
       (3) Conflict of interest.--The term ``conflict of 
     interest'' means a direct or indirect financial interest in a 
     person or entity that performs a service for, or enters into 
     a contract or agreement with, a Board for anything of 
     economic value.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (d) Requirements of Checkoff Programs.--
       (1) Prohibitions.--
       (A) Influencing government policy or action.--
       (i) In general.--A Board shall not enter into any contract 
     or agreement to carry out checkoff program activities with a 
     party that engages in activities for the purpose of 
     influencing any government policy or action that relates to 
     agriculture.
       (ii) Savings clause.--Nothing in clause (i) prohibits a 
     contract or agreement entered into between a Board and an 
     institution of higher education for the purpose of research, 
     extension, or education.
       (B) Conflict of interest.--A Board shall not engage in, and 
     shall prohibit the employees and agents of the Board, acting 
     in their official capacity, from engaging in, any act that 
     may involve a conflict of interest.
       (C) Other prohibitions.--A Board shall not engage in, and 
     shall prohibit the employees and agents of the Board, acting 
     in their official capacity, from engaging in--
       (i) any anticompetitive activity;
       (ii) any unfair or deceptive act or practice; or
       (iii) any act that may be disparaging to, or in any way 
     negatively portray, another agricultural commodity or 
     product.
       (2) Authority to enter into contracts.--Notwithstanding any 
     other provision of law, on approval of the Secretary, a Board 
     may enter directly into contracts and agreements to carry out 
     generic promotion, research, or other activities authorized 
     by law.
       (3) Production of records.--
       (A) In general.--Each contract or agreement of a checkoff 
     program shall provide that the entity that enters into the 
     contract or agreement shall produce to the Board accurate 
     records that account for all funds received under the 
     contract or agreement, including any goods or services 
     provided or costs incurred in connection with the contract or 
     agreement.
       (B) Maintenance of records.--A Board shall maintain any 
     records received under subparagraph (A).
       (4) Publication of budgets and disbursements.--
       (A) In general.--The Board shall publish and make available 
     for public inspection all budgets and disbursements of funds 
     entrusted to the Board that are approved by the Secretary, 
     immediately on approval by the Secretary.
       (B) Required disclosures.--In carrying out subparagraph 
     (A), the Board shall disclose--
       (i) the amount of the disbursement;
       (ii) the purpose of the disbursement, including the 
     activities to be funded by the disbursement;
       (iii) the identity of the recipient of the disbursement; 
     and
       (iv) the identity of any other parties that may receive the 
     disbursed funds, including any contracts or subcontractors of 
     the recipient of the disbursement.
       (5) Audits.--
       (A) Periodic audits by inspector general of usda.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act, and not less frequently than every 5 
     years thereafter, the Inspector General of the Department of 
     Agriculture shall conduct an audit to determine the 
     compliance of each checkoff program with this section during 
     the period of time covered by the audit.
       (ii) Review of records.--An audit conducted under clause 
     (i) shall include a review of any records produced to the 
     Board under paragraph (3)(A).
       (iii) Submission of reports.--On completion of each audit 
     under clause (i), the Inspector General of the Department of 
     Agriculture shall--

       (I) prepare a report describing the audit; and

[[Page S4373]]

       (II) submit the report described in subclause (I) to--

       (aa) the appropriate committees of Congress, including the 
     Subcommittee on Antitrust, Competition Policy and Consumer 
     Rights of the Committee on the Judiciary of the Senate; and
       (bb) the Comptroller General of the United States.
       (B) Audit by comptroller general.--
       (i) In general.--Not earlier than 3 years, and not later 
     than 5 years, after the date of enactment of this Act, the 
     Comptroller General of the United States shall--

       (I) conduct an audit to assess--

       (aa) the status of actions taken for each checkoff program 
     to ensure compliance with this section; and
       (bb) the extent to which actions described in item (aa) 
     have improved the integrity of a checkoff program; and

       (II) prepare a report describing the audit conducted under 
     subclause (I), including any recommendations for--

       (aa) strengthening the effect of actions described in 
     subclause (I)(aa); and
       (bb) improving Federal legislation relating to checkoff 
     programs.
       (ii) Consideration of inspector general reports.--The 
     Comptroller General of the United States shall consider 
     reports described in subparagraph (A)(iii) in preparing any 
     recommendations in the report under clause (i)(II).
       (e) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is held to be unconstitutional, the remainder of this 
     section, and the application of the provision to any other 
     person or circumstance, shall not be affected.
                                 ______
                                 
  SA 3075. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       After section 4112, insert the following:

     SEC. 4113. PARTICIPATION OF PUERTO RICO AND AMERICAN SAMOA IN 
                   SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

       (a) In General.--
       (1) Definitions.--Section 3 of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2012) is amended--
       (A) in subsection (r), by inserting ``the Commonwealth of 
     Puerto Rico, American Samoa,'' after ``Guam,''; and
       (B) in subsection (u)(3), by inserting ``the Commonwealth 
     of Puerto Rico, American Samoa,'' after ``Guam,''.
       (2) Eligible households.--Section 5 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2014) is amended--
       (A) in subsection (b), in the first sentence, by inserting 
     ``the Commonwealth of Puerto Rico, American Samoa,'' after 
     ``Guam,'';
       (B) in subsection (c)(1), by striking ``and Guam,'' and 
     inserting ``Guam, the Commonwealth of Puerto Rico, and 
     American Samoa,''; and
       (C) in subsection (e)--
       (i) in paragraph (1)(A), by inserting ``the Commonwealth of 
     Puerto Rico, American Samoa,'' after ``Hawaii,'' each place 
     it appears; and
       (ii) in paragraph (6)(B), by inserting ``the Commonwealth 
     of Puerto Rico, American Samoa,'' after ``Guam,''.
       (3) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall be effective with respect to the Commonwealth of Puerto 
     Rico or American Samoa, as applicable, on the date described 
     in subparagraph (B) if the Secretary submits to Congress a 
     certification under subsection (f)(3) of section 19 of the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2028).
       (B) Date described.--The date referred to in subparagraph 
     (A) is, with respect to the Commonwealth of Puerto Rico or 
     American Samoa, the date established by the Commonwealth of 
     Puerto Rico or American Samoa, respectively, in the 
     applicable plan of operation submitted to the Secretary under 
     subsection (f)(1)(A) of section 19 of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2028).
       (b) Transition of Puerto Rico and American Samoa to 
     Supplemental Nutrition Assistance Program.--Section 19 of the 
     Food and Nutrition Act of 2008 (7 U.S.C. 2028) is amended by 
     adding at the end the following:
       ``(f) Transition of Puerto Rico and American Samoa to 
     Supplemental Nutrition Assistance Program.--
       ``(1) Submission of plan by puerto rico and american 
     samoa.--
       ``(A) Submission and review of plan of operation.--If a 
     State agency is designated by a governmental entity and 
     submits to the Secretary a request to participate in the 
     supplemental nutrition assistance program and a plan of 
     operation under section 11 (including a date on which the 
     governmental entity will begin to participate in the 
     supplemental nutrition assistance program), the Secretary 
     shall determine whether that governmental entity and State 
     agency satisfy the requirements that would apply under this 
     Act for approval of that plan if the governmental entity were 
     1 of the several States.
       ``(B) Determination by secretary.--
       ``(i) Approval.--The Secretary shall approve a plan of 
     operation under subparagraph (A) if the governmental entity 
     and State agency satisfy the requirements described in that 
     subparagraph.
       ``(ii) Disapproval.--If the Secretary does not approve a 
     plan of operation under subparagraph (A), the Secretary shall 
     provide to the governmental entity a statement that describes 
     each requirement that is not satisfied by the plan.
       ``(2) Approval of retail food stores.--If the Secretary 
     approves a plan of operation under paragraph (1)(B)(i), the 
     Secretary shall accept from retail food stores located in the 
     applicable governmental entity applications under section 9 
     for approval to participate in the supplemental nutrition 
     assistance program.
       ``(3) Submission of certification to congress.--The 
     Secretary shall submit to Congress a certification that a 
     governmental entity qualifies to participate in the 
     supplemental nutrition assistance program as if the 
     governmental entity were a State if the Secretary--
       ``(A) approves the plan of operation under paragraph 
     (1)(B)(i); and
       ``(B) approves the applications under paragraph (2) of a 
     number of retail food stores located in the governmental 
     entity requesting to participate in the supplemental 
     nutrition assistance program that would be sufficient to 
     satisfy the requirements of this Act if the governmental 
     entity were 1 of the several States.
       ``(4) Cash benefits provided in puerto rico.--As part of a 
     plan of operation submitted under paragraph (1)(A), the 
     Commonwealth of Puerto Rico may submit to the Secretary a 
     request to provide benefits under the supplemental nutrition 
     assistance program in the form of cash.
       ``(5) Family market program in puerto rico.--As part of a 
     plan of operation submitted under paragraph (1)(A), 
     notwithstanding subsection (g), the Secretary shall allow the 
     Commonwealth of Puerto Rico to continue to carry out, under 
     the supplemental nutrition assistance program, the Family 
     Market Program established under this section.
       ``(6) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this subsection and the amendments made by section 2 of the 
     Agriculture Improvement Act of 2018 such sums as are 
     necessary for fiscal year 2019, to remain available until 
     expended.
       ``(g) Termination of Effectiveness.--
       ``(1) In general.--Subsections (a) through (e) shall cease 
     to be effective with respect to the Commonwealth of Puerto 
     Rico or American Samoa, as applicable, on the date described 
     in paragraph (2) if the Secretary submits to Congress a 
     certification under subsection (f)(3).
       ``(2) Date described.--The date referred to in paragraph 
     (1) is, with respect to the Commonwealth of Puerto Rico or 
     American Samoa, the date established by the Commonwealth of 
     Puerto Rico or American Samoa, respectively, in the 
     applicable plan of operation submitted to the Secretary under 
     subsection (f)(1)(A).''.
                                 ______
                                 
  SA 3076. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       After section 4103, insert the following:

     SEC. 4104. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN THE 
                   SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

       Section 6(e) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 2015(e)) is amended--
       (1) in paragraph (7) by striking ``or'' at the end;
       (2) in paragraph (8) by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(9) has an expected family contribution of zero, as 
     determined by the procedures established in part F of title 
     IV of the Higher Education Act of 1965 (20 U.S.C. 1087kk et 
     seq.); or
       ``(10) is determined to be `independent' based on one of 
     the criteria specified in subparagraphs (B), (C), (D), (G), 
     and (H) of section 480(d)(1) of the Higher Education Act of 
     1965 (20 U.S.C. 1087vv(d)(1)).''.
                                 ______
                                 
  SA 3077. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2__. NITROUS OXIDE EMISSIONS REDUCTIONS.

       (a) Findings.--Congress finds that--
       (1) fertilizer is a significant cost input in many 
     agricultural operations;
       (2) opportunities exist for agricultural producers--
       (A) to reduce the amount of fertilizer inputs; and
       (B) to increase the efficiency of fertilizer use through 
     the development of more effective fertilizer application 
     protocols that maximize the uptake of fertilizer by crops 
     while maintaining or increasing yields; and

[[Page S4374]]

       (3) improving the application of nitrogen fertilizers at 
     the correct rate, in the correct manner, at the correct time, 
     and in the correct place will provide significant benefits to 
     the environment, including reductions of--
       (A) nitrogen runoff, which will improve water quality; and
       (B) emissions of nitrous oxide, a powerful greenhouse gas 
     associated with climate change.
       (b) Nitrous Oxide Emissions Reductions.--Chapter 5 of 
     subtitle D of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3839bb et seq.) is amended by adding at the end the 
     following:

     ``SEC. 1240S. NITROUS OXIDE EMISSIONS REDUCTIONS.

       ``(a) Agricultural Research Data.--
       ``(1) Federally funded research data.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall make available 
     all relevant data relating to fertilizer application in a 
     format that is--
       ``(i) aggregated so as not to divulge proprietary or 
     confidential business information; and
       ``(ii) searchable and accessible to the public, including, 
     to the maximum extent practicable, all federally funded 
     research data, including data of--

       ``(I) the Department of Agriculture; and
       ``(II) land-grant colleges and universities (as defined in 
     section 1404 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).

       ``(B) Exceptions.--Subparagraph (A) shall not apply to the 
     release of data or information in a format that may divulge 
     proprietary or confidential business information.
       ``(2) Non-federally funded research data.--The Secretary 
     shall develop incentives to encourage the sharing of non-
     federally funded research data relating to fertilizer 
     application, including data from--
       ``(A) research funded through a State program; and
       ``(B) independent or privately held research.
       ``(b) Nitrogen Uptake Pilot Program.--
       ``(1) In general.--The Secretary shall establish and carry 
     out a 5-year pilot program for the development and 
     optimization of nitrogen fertilizer application rates, 
     timing, location, and formulation for--
       ``(A) corn;
       ``(B) soybeans;
       ``(C) wheat;
       ``(D) barley;
       ``(E) cotton;
       ``(F) oats;
       ``(G) sorghum;
       ``(H) rice; and
       ``(I) potatoes.
       ``(2) Requirements.--The pilot program described in 
     paragraph (1) shall--
       ``(A) consist of projects in a diverse range of--
       ``(i) geographies;
       ``(ii) soil types;
       ``(iii) drainage conditions;
       ``(iv) tillage practices; and
       ``(v) climatic conditions; and
       ``(B) take into consideration--
       ``(i) the effect of crop rotation;
       ``(ii) the use of cover crops;
       ``(iii) the use of soil amendments; and
       ``(iv) any other factor that the Secretary determines to be 
     appropriate--

       ``(I) to enhance the optimization of fertilizer application 
     practices that reduce the generation of nitrous oxide and 
     leached nitrogen; and
       ``(II) to support high agricultural yields.

       ``(c) Environmental Quality Incentives Program.--The Chief 
     of the Natural Resources Conservation Service shall carry out 
     a nitrous oxide reduction initiative within the environmental 
     quality incentives program established under chapter 4 to 
     foster the adoption and continued use of fertilizer 
     application protocols that reduce the production of nitrous 
     oxide associated with the use of nitrogen fertilizer.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000 for each of fiscal years 2019 through 2023.''.
                                 ______
                                 
  SA 3078. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. HONEY AND MAPLE SYRUP LABELING REQUIREMENTS.

       Not later than 60 days after the date of enactment of this 
     Act, the Commissioner of Food and Drug shall revise the 
     regulations with respect to added sugars labeling under 
     section 403(q) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 343(q)), such that pure honey and pure maple syrup 
     are not considered added sugars.
                                 ______
                                 
  SA 3079. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       In section 1672(d) of the Food, Agriculture, Conservation, 
     and Trade Act of 1990 (7 U.S.C. 5925(d)) (as amended by 
     section 7209(a)), add at the end the following:
       ``(15) Nutrient management technology.--Research and 
     extension grants may be made under this section for the 
     purposes of identifying, evaluating, and demonstrating 
     innovative nutrient management technologies for animal waste 
     management, water quality, aquatic ecosystems, and animal 
     feed that are focused on--
       ``(A) rural areas adjacent to urban or suburban areas in 
     connection with waste management activities carried out in 
     urban or suburban areas;
       ``(B) the development of alternative uses and renewable 
     energy;
       ``(C) the regional nature of nutrient distribution; and
       ``(D) downstream markets for recovered nutrients.''.
                                 ______
                                 
  SA 3080. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2__. SOIL QUALITY IMPROVEMENT PROGRAM.

       Chapter 2 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3838 et seq.) is amended by adding at 
     the end the following:

                ``Subchapter C--Soil Quality Improvement

     ``SEC. 1238H. SOIL QUALITY IMPROVEMENT PROGRAM.

       ``(a) No-till Farm Equipment Grant and Loan Program.--
       ``(1) In general.--The Secretary shall establish, in the 
     Natural Resources Conservation Service, a program to provide 
     grants and loans to agricultural producers with the goal, not 
     later than January 1, 2026, of increasing to 50 percent the 
     total percent of farmed acres in the United States under 
     continuous no-till cultivation.
       ``(2) Grants.--The Secretary shall use not less than 20 
     percent of the funds made available for the program 
     established under paragraph (1) to make grants.
       ``(3) Purchase or lease of equipment.--An agricultural 
     producer may use funds made available under this section to 
     finance or otherwise incentivize the purchase or lease of 
     equipment necessary to carry out continuous no-till 
     cultivation, as determined by the Secretary.
       ``(4) Education and outreach.--In establishing the program 
     under this section, the Secretary shall include an education 
     and outreach program, carried out by the Secretary in 
     coordination with--
       ``(A) State and local farm agencies;
       ``(B) institutions of higher education;
       ``(C) the National Institute of Food and Agriculture;
       ``(D) the National Association of Conservation Districts;
       ``(E) the Soil and Water Conservation Society; and
       ``(F) the Agricultural Tri-Societies.
       ``(b) Report on Soil Carbon Uptake.--Not later than 1 year 
     after the date of enactment of this section, the Secretary 
     shall publish a report that includes--
       ``(1) methodologies and protocols for tracking practices 
     (including conservation tillage, continuous no-till 
     cultivation, and the use of cover crops) that increase the 
     uptake of carbon into soils, including--
       ``(A) the use of satellite-based and other remote sensing 
     technologies; and
       ``(B) methods for monitoring net carbon transfer rates 
     between soils and the atmosphere, including biogeochemical 
     process models; and
       ``(2) an assessment of--
       ``(A) carbon stocks in United States soils as of the date 
     of the report;
       ``(B) the potential for United States soils as a reservoir 
     for carbon;
       ``(C) the net mass transfer rate of carbon between soils 
     and the atmosphere on agricultural land and rangeland, 
     including--
       ``(i) conservation tillage land;
       ``(ii) no-till cultivated land; and
       ``(iii) land on which cover crops are used in rotation; and
       ``(D) rangeland management practices that increase soil 
     carbon sequestration.
       ``(c) Environmental Quality Incentives Program.--The Chief 
     of the Natural Resources Conservation Service shall carry out 
     a soil carbon uptake initiative within the environmental 
     quality incentives program established under chapter 4 to 
     foster the adoption and sustained use of practices that 
     increase the amount and the rate of carbon uptake in soils.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $30,000,000 for each of fiscal years 2019 through 2023.''.
                                 ______
                                 
  SA 3081. Mr. JONES (for himself and Mr. Scott) submitted an amendment 
intended to be proposed by him to the bill H.R. 2, to provide for the 
reform and continuation of agricultural and other programs of the 
Department of

[[Page S4375]]

Agriculture through fiscal year 2023, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 125__. ELIGIBILITY FOR OPERATORS ON HEIRS PROPERTY LAND 
                   TO OBTAIN A FARM NUMBER.

       (a) Definitions.--In this section:
       (1) Eligible documentation.--The term ``eligible 
     documentation'', with respect to land for which a farm 
     operator seeks assignment of a farm number under subsection 
     (b)(1), includes--
       (A) in States that have adopted a statute consisting of an 
     enactment or adoption of the Uniform Partition of Heirs 
     Property Act, as approved and recommended for enactment in 
     all States by the National Conference of Commissioners on 
     Uniform State Laws in 2010--
       (i) a court order verifying the land meets the definition 
     of heirs property (as defined in that Act); or
       (ii) a certification from the local recorder of deeds that 
     the recorded owner of the land is deceased and not less than 
     1 heir of the recorded owner of the land has initiated a 
     procedure to retitle the land in the name of the rightful 
     heir;
       (B) a fully executed, unrecorded tenancy-in-common 
     agreement that sets out ownership rights and responsibilities 
     among all of the owners of the land that--
       (i) has been approved by a majority of the ownership 
     interests in that property;
       (ii) has given a particular owner the right to manage and 
     control any portion or all of the land for purposes of 
     operating a farm or ranch; and
       (iii) was validly entered into under the authority of the 
     jurisdiction in which the land is located;
       (C) the tax return of a farm operator farming a property 
     with undivided interests for each of the 5 years preceding 
     the date on which the farm operator submits the tax returns 
     as eligible documentation under subsection (b);
       (D) self-certification that the farm operator has control 
     of the land for purposes of operating a farm or ranch; and
       (E) any other documentation identified by the Secretary 
     under subsection (c).
       (2) Farm number.--The term ``farm number'' has the meaning 
     given the term in section 718.2 of title 7, Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act).
       (b) Farm Number.--
       (1) In general.--The Secretary shall provide for the 
     assignment of a farm number to any farm operator who provides 
     any form of eligible documentation for purposes of 
     demonstrating that the farm operator has control of the land 
     for purposes of defining that land as a farm.
       (2) Eligibility.--Any farm number provided under paragraph 
     (1) shall be sufficient to satisfy any requirement of the 
     Secretary to have a farm number to participate in a program 
     of the Secretary.
       (c) Eligible Documentation.--The Secretary shall identify 
     alternative forms of eligible documentation that a farm 
     operator may provide in seeking the assignment of a farm 
     number under subsection (b)(1).

     SEC. 125__. LOANS TO PURCHASERS OF LAND WITH UNDIVIDED 
                   INTEREST AND NO ADMINISTRATIVE AUTHORITY.

       (a) Reauthorization of Beginning Farmer and Rancher 
     Individual Development Accounts Pilot Program.--Section 
     333B(h) of the Consolidated Farm and Rural Development Act (7 
     U.S.C. 1983b(h)) (as amended by section 5301) is amended by 
     striking ``2023'' and inserting ``2024''.
       (b) Pilot Program.--Subtitle D of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1981 et seq.) is amended by 
     inserting after section 333D the following:

     ``SEC. 333E. FARMER LOAN PILOT PROJECTS.

       ``(a) In General.--The Secretary may conduct pilot projects 
     of limited scope and duration that are consistent with 
     subtitles A, B, C, and this subtitle to evaluate processes 
     and techniques that may improve the efficiency and 
     effectiveness of the programs carried out under subtitles A, 
     B, C, and this subtitle.
       ``(b) Notification.--The Secretary shall--
       ``(1) not less than 60 days before the date on which the 
     Secretary initiates a pilot project under subsection (a), 
     submit notice of the proposed pilot project to the Committee 
     on Agriculture of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate; and
       ``(2) consider any recommendations or feedback provided to 
     the Secretary in response to the notice provided under 
     paragraph (1).''.
       (c) Relending Program.--Subtitle A of title III of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 310I. RELENDING PROGRAM TO RESOLVE OWNERSHIP AND 
                   SUCCESSION ON FARMLAND.

       ``(a) In General.--The Secretary may make or guarantee 
     loans to eligible entities described in subsection (b) using 
     amounts made available for farm ownership loans under this 
     subtitle so that the eligible entities may relend the funds 
     to individuals and entities for the purposes described in 
     subsection (c).
       ``(b) Eligible Entities.--Entities eligible for loans and 
     loan guarantees described in subsection (a) are cooperatives, 
     credit unions, and nonprofit organizations with--
       ``(1) certification under section 1805.201 of title 12, 
     Code of Federal Regulations (or successor regulations) to 
     operate as a lender;
       ``(2) experience assisting socially disadvantaged farmers 
     and ranchers (as defined in section 2501(a) of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     2279(a))) or limited resource or new and beginning farmers 
     and ranchers, rural businesses, cooperatives, or credit 
     unions, including experience in making and servicing 
     agricultural and commercial loans; and
       ``(3) the ability to provide adequate assurance of the 
     repayment of a loan.
       ``(c) Eligible Purposes.--The proceeds from loans made or 
     guaranteed by the Secretary pursuant to subsection (a) shall 
     be relent by eligible entities for projects that assist heirs 
     with undivided ownership interests to resolve ownership and 
     succession on farmland that has multiple owners.
       ``(d) Preference.--In making loans under subsection (a), 
     the Secretary shall give preference to eligible entities--
       ``(1) with not less than 10 years of experience serving 
     socially disadvantaged farmers and ranchers; and
       ``(2) in States that have adopted a statute consisting of 
     an enactment or adoption of the Uniform Partition of Heirs 
     Property Act, as approved and recommended for enactment in 
     all States by the National Conference of Commissioners on 
     Uniform State Laws in 2010, that relend to owners of heirs 
     property (as defined in that Act).
       ``(e) Loan Terms and Conditions.--The following terms and 
     conditions shall apply to loans made or guaranteed under this 
     section:
       ``(1) The interest rate at which intermediaries may borrow 
     funds under this section shall be equal to the rate at which 
     farm ownership loans under this subtitle are made.
       ``(2) The rates, terms, and payment structure for borrowers 
     to which intermediaries lend shall be--
       ``(A) determined by the intermediary in an amount 
     sufficient to cover the cost of operating and sustaining the 
     revolving loan fund; and
       ``(B) clearly and publicly disclosed to qualified ultimate 
     borrowers.
       ``(3) Borrowers to which intermediaries lend shall be--
       ``(A) required to complete a succession plan as a condition 
     of the loan; and
       ``(B) be offered the opportunity to borrow sufficient funds 
     to cover costs associated with the succession plan under 
     subparagraph (A) and other associated legal and closing 
     costs.
       ``(f) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate a report describing the operation and outcomes of the 
     program under this section, with recommendations on how to 
     strengthen the program.
       ``(g) Funding.--The Secretary shall carry out this section 
     using funds otherwise made available to the Secretary.''.

     SEC. 125__. FARMLAND OWNERSHIP DATA COLLECTION.

       (a) In General.--The Secretary shall collect and, not less 
     frequently than once every 5 years report, data and analysis 
     on farmland ownership, tenure, transition, and entry of 
     beginning farmers and ranchers (as defined in section 343(a) 
     of the Consolidated Farm and Rural Development Act (7 U.S.C. 
     1991(a))) and socially disadvantaged farmers and ranchers (as 
     defined in section 2501(a) of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a))).
       (b) Requirements.--In carrying out subsection (a), the 
     Secretary shall, at a minimum--
       (1) collect and distribute comprehensive reporting of 
     trends in farmland ownership, tenure, transition, barriers to 
     entry, profitability, and viability of beginning farmers and 
     ranchers and socially disadvantaged farmers and ranchers;
       (2) develop surveys and report statistical and economic 
     analysis on farmland ownership, tenure, transition, barriers 
     to entry, profitability, and viability of beginning farmers 
     and ranchers, including a regular follow-on survey to each 
     Census of Agriculture with results of the follow-on survey 
     made public not later than 3 years after the previous Census 
     of Agriculture; and
       (3) require the National Agricultural Statistics Service--
       (A) to include in the Tenure, Ownership, and Transition of 
     Agricultural Land survey questions relating to--
       (i) the extent to which non-farming landowners are 
     purchasing and holding onto farmland for the sole purpose of 
     real estate investment;
       (ii) the impact of these farmland ownership trends on the 
     successful entry and viability of beginning farmers and 
     ranchers and socially disadvantaged farmers and ranchers;
       (iii) the extent to which farm and ranch land with 
     undivided interests and no administrative authority 
     identified have farms or ranches operating on that land; and
       (iv) the impact of land tenure patterns, categorized by--

       (I) race, gender, and ethnicity; and
       (II) region; and

       (B) to include in the report of each Tenure, Ownership, and 
     Transition of Agricultural Land survey the results of the 
     questions under subparagraph (A).

[[Page S4376]]

  

                                 ______
                                 
  SA 3082. Ms. SMITH (for herself, Mr. Donnelly, and Mr. Sullivan) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2, to provide for the reform and continuation of agricultural and other 
programs of the Department of Agriculture through fiscal year 2023, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 125__. BUY AMERICAN REQUIREMENTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall--
       (1) define and enforce any Buy American requirements under 
     the jurisdiction of the Secretary; and
       (2) submit to Congress a report on the actions the 
     Secretary has taken and plans to take to comply with 
     paragraph (1).
                                 ______
                                 
  SA 3083. Mr. PETERS (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill H.R. 2, to provide 
for the reform and continuation of agricultural and other programs of 
the Department of Agriculture through fiscal year 2023, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle B of title VI, add the following:

     SEC. 6211. COMMUNITY BROADBAND TECHNICAL ASSISTANCE GRANTS.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means--
       (1) a local government agency;
       (2) a regional agency;
       (3) a nonprofit organization with relevant expertise; or
       (4) a public-private partnership.
       (b) Grants.--The Secretary shall make broadband technical 
     assistance and planning grants to eligible entities to 
     conduct assessments and develop action plans for the 
     expansion of broadband services in the area served by the 
     eligible entity.
       (c) Qualified Activities.--An eligible entity may use a 
     grant awarded under this section to--
       (1) establish a multi-stakeholder broadband planning team;
       (2) determine the extent to which broadband service is 
     accessible in the community or region served by the eligible 
     entity by--
       (A) undertaking a physical comprehensive inventory of 
     broadband infrastructure assets and capabilities; and
       (B) developing a geographic information system (commonly 
     known as ``GIS'')-based map of existing serviceability;
       (3) assess current broadband adoption rates in the 
     community or region;
       (4) assess advertised broadband service pricing in the 
     community or region across all available providers;
       (5) obtain professional advice or guidance on--
       (A) options to expand broadband service, including public-
     private partnerships;
       (B) potential sustainable financial models; or
       (C) grant writing; or
       (6)(A) identify and analyze government policies, 
     ordinances, or statutes that may be hindering broadband 
     expansion; and
       (B) make recommendations for modification.
       (d) Award Amount Limitation.--The amount of a grant awarded 
     under this section shall be not more than $200,000.
       (e) Term.--A grant awarded under this section--
       (1) shall be for an initial term of 1 year; and
       (2) may be renewed by the Secretary for a single additional 
     term of 1 year in the same amount as initially provided.
       (f) Funding.--The Secretary shall carry out this section 
     using--
       (1) amounts made available for technical assistance and 
     pre-development planning activities under section 779 of 
     division A of the Consolidated Appropriations Act, 2018 
     (Public Law 115-141); and
       (2) any other amounts available to the Secretary.
       (g) Other Conditions.--The requirements under section 779 
     of division A of the Consolidated Appropriations Act, 2018 
     (Public Law 115-141) shall apply to grants awarded under this 
     section, except to the extent that those requirements are 
     inconsistent with this section.
       (h) Program Duration.--The Secretary shall carry out this 
     section during fiscal year 2018 and each fiscal year 
     thereafter, subject to the availability of funds.
                                 ______
                                 
  SA 3084. Ms. HEITKAMP submitted an amendment intended to be proposed 
by her to the bill H.R. 2, to provide for the reform and continuation 
of agricultural and other programs of the Department of Agriculture 
through fiscal year 2023, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of subtitle E of title XII, add the following:

     SEC. 125___. STATE AND TRIBAL REGULATION OF FORM OF 
                   AGRICULTURAL BUSINESS ENTITIES.

       (a) Declaration of Policy.--It is the policy of Congress 
     that it is in the public interest for each State and Indian 
     Tribe to continue to regulate the form of a business entity 
     that may engage in farming or livestock production within the 
     State or territory of the Indian Tribe or own agricultural 
     land within the State or territory of the Indian Tribe, 
     including through laws or regulations that restrict or 
     prohibit certain types of business entities from--
       (1) engaging in farming or livestock production within the 
     State or territory of the Indian Tribe; or
       (2) owning agricultural land within the State or territory 
     of the Indian tribe.
       (b) Consent to State and Tribal Regulation.--
       (1) In general.--A State or Indian Tribe may regulate the 
     form of a business entity that may--
       (A) engage in farming or livestock production within the 
     State or territory of the Indian Tribe; or
       (B) own agricultural land within the State or territory of 
     the Indian Tribe.
       (2) Construction.--Paragraph (1) and the policy described 
     in subsection (a) shall be construed to eliminate any barrier 
     under the Commerce Clause of section 8 of article I of the 
     Constitution of the United States to the regulation by a 
     State or Indian tribe described in paragraph (1).
       (3) Effect of silence.--Silence in any law of Congress 
     enacted before, on, or after the date of enactment of this 
     Act with respect to the regulation by a State or Indian Tribe 
     described in paragraph (1) shall not be construed to preclude 
     that regulation.

                          ____________________