[Congressional Record Volume 164, Number 108 (Wednesday, June 27, 2018)]
[Senate]
[Pages S4519-S4639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3224. Mr. ROBERTS (for himself and Ms. Stabenow) proposed an
amendment 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; as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Agriculture Improvement Act of 2018''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
Sec. 1101. Payment acres.
Sec. 1102. Producer election.
Sec. 1103. Price loss coverage.
Sec. 1104. Agriculture risk coverage.
Sec. 1105. Repeal of transition assistance for producers of upland
cotton.
Subtitle B--Marketing Loans
Sec. 1201. Extensions.
Sec. 1202. Repeal; unshorn pelts.
Sec. 1203. Economic adjustment assistance for upland cotton users.
Subtitle C--Sugar
Sec. 1301. Sugar program.
Subtitle D--Dairy
PART I--Dairy Risk Coverage
Sec. 1401. Dairy risk coverage.
PART II--Reauthorizations and Other Dairy-Related Provisions
Sec. 1411. Reauthorizations.
Sec. 1412. Class I skim milk price.
Sec. 1413. Milk donation program.
Subtitle E--Supplemental Agricultural Disaster Assistance
Sec. 1501. Supplemental agricultural disaster assistance.
Subtitle F--Noninsured Crop Assistance
Sec. 1601. Noninsured crop assistance program.
Subtitle G--Administration
Sec. 1701. Regulations.
Sec. 1702. Suspension of permanent price support authority.
Sec. 1703. Implementation.
Sec. 1704. Definition of significant contribution of active personal
management.
Sec. 1705. Actively engaged in farming requirement.
Sec. 1706. Adjusted gross income limitation.
Sec. 1707. Base acres review.
Sec. 1708. Farm Service Agency accountability.
Sec. 1709. Technical corrections.
Sec. 1710. Use of Commodity Credit Corporation.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
Sec. 2101. Extension and enrollment requirements of conservation
reserve program.
Sec. 2102. Farmable wetland program.
Sec. 2103. Duties of the Secretary.
Sec. 2104. Payments.
Sec. 2105. Conservation reserve enhancement program.
Sec. 2106. Contracts.
Sec. 2107. Conservation reserve easements.
Sec. 2108. Eligible land; State law requirements.
Subtitle B--Conservation Stewardship Program
Sec. 2201. Definitions.
Sec. 2202. Establishment.
Sec. 2203. Stewardship contracts.
Sec. 2204. Duties of Secretary.
Subtitle C--Environmental Quality Incentives Program
Sec. 2301. Purposes.
Sec. 2302. Definitions.
Sec. 2303. Establishment and administration.
Sec. 2304. Evaluation of applications.
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Sec. 2305. Duties of the Secretary.
Sec. 2306. Environmental quality incentives program plan.
Sec. 2307. Limitation on payments.
Sec. 2308. Conservation innovation grants and payments.
Sec. 2309. Soil health demonstration pilot project.
Subtitle D--Other Conservation Programs
Sec. 2401. Wetland conservation.
Sec. 2402. Conservation security program.
Sec. 2403. Conservation of private grazing land.
Sec. 2404. Soil health and income protection program.
Sec. 2405. Grassroots source water protection program.
Sec. 2406. Soil testing and remediation assistance.
Sec. 2407. Voluntary public access and habitat incentive program.
Sec. 2408. Agriculture conservation experienced services program.
Sec. 2409. Remote telemetry data system.
Sec. 2410. Agricultural conservation easement program.
Sec. 2411. Regional conservation partnership program.
Sec. 2412. Wetland conversion.
Sec. 2413. Delineation of wetlands.
Sec. 2414. Emergency conservation program.
Sec. 2415. Watershed protection and flood prevention.
Sec. 2416. Small watershed rehabilitation program.
Sec. 2417. Repeal of Conservation Corridor Demonstration Program.
Sec. 2418. Repeal of cranberry acreage reserve program.
Sec. 2419. Repeal of National Natural Resources Foundation.
Sec. 2420. Repeal of flood risk reduction.
Sec. 2421. Repeal of study of land use for expiring contracts and
extension of authority.
Sec. 2422. Repeal of Integrated Farm Management Program Option.
Sec. 2423. Repeal of clarification of definition of agricultural lands.
Sec. 2424. Resource conservation and development program.
Sec. 2425. Wildlife management.
Sec. 2426. Healthy forests reserve program.
Sec. 2427. Watershed protection.
Sec. 2428. Sense of Congress relating to increased watershed-based
collaboration.
Sec. 2429. Modifications to conservation easement program.
Subtitle E--Funding and Administration
Sec. 2501. Funding.
Sec. 2502. Delivery of technical assistance.
Sec. 2503. Administrative requirements for conservation programs.
Sec. 2504. Definition of acequia.
Sec. 2505. Authorization of appropriations for water bank program.
Sec. 2506. Report on land access, tenure, and transition.
Sec. 2507. Report on small wetlands.
Sec. 2508. State technical committees.
Subtitle F--Technical Corrections
Sec. 2601. Farmable wetland program.
Sec. 2602. Report on program enrollments and assistance.
Sec. 2603. Delivery of technical assistance.
Sec. 2604. State technical committees.
TITLE III--TRADE
Subtitle A--Food for Peace Act
Sec. 3101. Food aid quality.
Sec. 3102. Generation and use of currencies by private voluntary
organizations and cooperatives.
Sec. 3103. Minimum levels of assistance.
Sec. 3104. Food Aid Consultative Group.
Sec. 3105. Oversight, monitoring, and evaluation.
Sec. 3106. Assistance for stockpiling and rapid transportation,
delivery, and distribution of shelf-stable prepackaged
foods.
Sec. 3107. Allowance of distribution costs.
Sec. 3108. Prepositioning of agricultural commodities.
Sec. 3109. Annual report regarding food aid programs and activities.
Sec. 3110. Deadline for agreements to finance sales or to provide other
assistance.
Sec. 3111. Nonemergency food assistance.
Sec. 3112. Micronutrient fortification programs.
Sec. 3113. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program.
Subtitle B--Agricultural Trade Act of 1978
Sec. 3201. Priority trade promotion, development, and assistance.
Subtitle C--Other Agricultural Trade Laws
Sec. 3301. Food for Progress Act of 1985.
Sec. 3302. Bill Emerson Humanitarian Trust Act.
Sec. 3303. Promotion of agricultural exports to emerging markets.
Sec. 3304. Cochran emerging market fellowship program.
Sec. 3305. Borlaug International Agricultural Science and Technology
Fellowship Program.
Sec. 3306. International food security technical assistance.
Sec. 3307. McGovern-Dole International Food for Education and Child
Nutrition Program.
Sec. 3308. Global Crop Diversity Trust.
Sec. 3309. Local and regional food aid procurement projects.
Sec. 3310. Foreign trade missions.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
Sec. 4101. Definition of certification period.
Sec. 4102. Food distribution program on Indian reservations.
Sec. 4103. Work requirements for supplemental nutrition assistance
program.
Sec. 4104. Improvements to electronic benefit transfer system.
Sec. 4105. Retail incentives.
Sec. 4106. Required action on data match information.
Sec. 4107. Income verification.
Sec. 4108. Pilot projects to improve healthy dietary patterns related
to fluid milk in the supplemental nutrition assistance
program.
Sec. 4109. Interstate data matching to prevent multiple issuances.
Sec. 4110. Quality control.
Sec. 4111. Requirement of live-production environments for certain
pilot projects relating to cost sharing for
computerization.
Sec. 4112. Authorization of appropriations.
Sec. 4113. Assistance for community food projects.
Sec. 4114. Nutrition education State plans.
Sec. 4115. Emergency food assistance program.
Sec. 4116. Technical and conforming amendments.
Subtitle B--Commodity Distribution Programs
Sec. 4201. Commodity distribution program.
Sec. 4202. Commodity supplemental food program.
Sec. 4203. Distribution of surplus commodities; special nutrition
projects.
Subtitle C--Miscellaneous
Sec. 4301. Purchase of specialty crops.
Sec. 4302. Seniors farmers' market nutrition program.
Sec. 4303. The Gus Schumacher food insecurity nutrition incentive.
Sec. 4304. Harvesting health pilot projects.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
Sec. 5101. Modification of the 3-year experience requirement for
purposes of eligibility for farm ownership loans.
Sec. 5102. Conservation loan and loan guarantee program.
Sec. 5103. Limitations on amount of farm ownership loans.
Subtitle B--Operating Loans
Sec. 5201. Limitations on amount of operating loans.
Sec. 5202. Cooperative lending pilot projects.
Subtitle C--Administrative Provisions
Sec. 5301. Beginning farmer and rancher individual development accounts
pilot program.
Sec. 5302. Loan authorization levels.
Sec. 5303. Loan fund set-asides.
Sec. 5304. Equitable relief.
Sec. 5305. Socially disadvantaged farmers and ranchers; qualified
beginning farmers and ranchers.
Sec. 5306. Emergency loan eligibility.
Subtitle D--Miscellaneous
Sec. 5401. State agricultural mediation programs.
Sec. 5402. Socially disadvantaged farmers and ranchers.
Sec. 5403. Sharing of privileged and confidential information.
Sec. 5404. Removal and prohibition authority; industry-wide
prohibition.
Sec. 5405. Jurisdiction over institution-affiliated parties.
Sec. 5406. Definition of institution-affiliated party.
Sec. 5407. Repeal of obsolete provisions; technical corrections.
Sec. 5408. Corporation as conservator or receiver; certain other
powers.
Sec. 5409. Reporting.
Sec. 5410. Sense of the Senate.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
Sec. 6101. Water, waste disposal, and wastewater facility grants.
Sec. 6102. Rural water and wastewater technical assistance and training
programs.
Sec. 6103. Rural water and wastewater circuit rider program.
Sec. 6104. Tribal college and university essential community
facilities.
Sec. 6105. Community facilities direct loans and grants for substance
use disorder treatment services.
Sec. 6106. Emergency and imminent community water assistance grant
program.
Sec. 6107. Water systems for rural and native villages in Alaska.
Sec. 6108. Rural decentralized water systems.
Sec. 6109. Solid waste management grants.
Sec. 6110. Rural business development grants.
Sec. 6111. Rural cooperative development grants.
Sec. 6112. Locally or regionally produced agricultural food products.
Sec. 6113. Appropriate technology transfer for rural areas program.
Sec. 6114. Rural economic area partnership zones.
Sec. 6115. Intemediary relending program.
Sec. 6116. Single application for broadband.
Sec. 6117. Loan guarantee loan fees.
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Sec. 6118. Rural Business-Cooperative Service programs technical
assistance and training.
Sec. 6119. National rural development partnership.
Sec. 6120. Grants for NOAA weather radio transmitters.
Sec. 6121. Rural microentrepreneur assistance program.
Sec. 6122. Health care services.
Sec. 6123. Strategic economic and community development.
Sec. 6124. Delta Regional Authority.
Sec. 6125. Rural business investment program.
Subtitle B--Rural Electrification Act of 1936
Sec. 6201. Electric loan refinancing.
Sec. 6202. Technical assistance for rural electrification loans.
Sec. 6203. Loans for telephone service.
Sec. 6204. Cushion of credit payments program.
Sec. 6205. Guarantees for bonds and notes issued for electrification or
telephone purposes.
Sec. 6206. Access to broadband telecommunications services in rural
areas.
Sec. 6207. Community Connect Grant Program.
Sec. 6208. Transparency in the Telecommunications Infrastructure Loan
Program.
Sec. 6209. Refinancing of broadband and telephone loans.
Sec. 6210. Cybersecurity and grid security improvements.
Subtitle C--Miscellaneous
Sec. 6301. Distance learning and telemedicine.
Sec. 6302. Rural energy savings program.
Sec. 6303. Rural health and safety education programs.
Sec. 6304. Northern Border Regional Commission reauthorization.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
Sec. 7101. Purposes of agricultural research, extension, and education.
Sec. 7102. Matters relating to certain school designations and
declarations.
Sec. 7103. National Agricultural Research, Extension, Education, and
Economics Advisory Board.
Sec. 7104. Citrus disease subcommittee of specialty crop committee.
Sec. 7105. Veterinary services grant program.
Sec. 7106. Grants and fellowships for food and agriculture sciences
education.
Sec. 7107. Research equipment grants.
Sec. 7108. Agricultural and food policy research centers.
Sec. 7109. Education grants to Alaska Native serving institutions and
Native Hawaiian serving institutions.
Sec. 7110. Next generation agriculture technology challenge.
Sec. 7111. Nutrition education program.
Sec. 7112. Authorization for appropriations for Federal agricultural
research facilities.
Sec. 7113. Continuing animal health and disease research programs.
Sec. 7114. Extension at 1890 land-grant colleges, including Tuskegee
University; report.
Sec. 7115. Report on agricultural research at 1890 land-grant colleges,
including Tuskegee University.
Sec. 7116. Grants to upgrade agricultural and food sciences facilities
at 1890 land-grant colleges, including Tuskegee
University.
Sec. 7117. Grants to upgrade agriculture and food sciences facilities
and equipment at insular area land-grant institutions.
Sec. 7118. New Beginning for Tribal Students.
Sec. 7119. Hispanic-serving institutions.
Sec. 7120. Binational agricultural research and development.
Sec. 7121. Partnerships to build capacity in international agricultural
research, extension, and teaching.
Sec. 7122. Competitive grants for international agricultural science
and education programs.
Sec. 7123. University research.
Sec. 7124. Extension service.
Sec. 7125. Supplemental and alternative crops; hemp.
Sec. 7126. New Era Rural Technology program.
Sec. 7127. Capacity building grants for NLGCA institutions.
Sec. 7128. Agriculture Advanced Research and Development Authority
pilot.
Sec. 7129. Aquaculture assistance programs.
Sec. 7130. Repeal of rangeland research programs.
Sec. 7131. Special authorization for biosecurity planning and response.
Sec. 7132. Distance education and resident instruction grants program
for insular area institutions of higher education.
Sec. 7133. Limitation on designation of entities eligible to receive
funds under a capacity program.
Sec. 7134. Scholarship program for students attending 1890
Institutions.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
Sec. 7201. Best utilization of biological applications.
Sec. 7202. Integrated management systems.
Sec. 7203. Sustainable agriculture technology development and transfer
program.
Sec. 7204. National training program.
Sec. 7205. National strategic germplasm and cultivar collection
assessment and utilization plan.
Sec. 7206. National Genetics Resources Program.
Sec. 7207. National Agricultural Weather Information System.
Sec. 7208. Agricultural genome to phenome initiative.
Sec. 7209. High-priority research and extension initiatives.
Sec. 7210. Organic agriculture research and extension initiative.
Sec. 7211. Farm business management.
Sec. 7212. Urban, indoor, and other emerging agricultural production
research, education, and extension initiative.
Sec. 7213. Centers of excellence at 1890 Institutions.
Sec. 7214. Assistive technology program for farmers with disabilities.
Sec. 7215. National Rural Information Center Clearinghouse.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
Sec. 7301. National food safety training, education, extension,
outreach, and technical assistance program.
Sec. 7302. Integrated research, education, and extension competitive
grants program.
Sec. 7303. Support for research regarding diseases of wheat, triticale,
and barley caused by Fusarium graminearum or by Tilletia
indica.
Sec. 7304. Grants for youth organizations.
Sec. 7305. Specialty crop research initiative.
Sec. 7306. Food Animal Residue Avoidance Database program.
Sec. 7307. Office of Pest Management Policy.
Sec. 7308. Forestry products advanced utilization research.
Subtitle D--Other Laws
Sec. 7401. Critical Agricultural Materials Act.
Sec. 7402. Equity in Educational Land-Grant Status Act of 1994.
Sec. 7403. Research Facilities Act.
Sec. 7404. Agricultural and food research initiative.
Sec. 7405. Extension design and demonstration initiative.
Sec. 7406. Renewable Resources Extension Act of 1978.
Sec. 7407. National Aquaculture Act of 1980.
Sec. 7408. Repeal of review of Agricultural Research Service.
Sec. 7409. Biomass research and development.
Sec. 7410. Reinstatement of matching requirement for Federal funds used
in extension work at the University of the District of
Columbia.
Sec. 7411. Enhanced use lease authority pilot program.
Sec. 7412. Transfer of administrative jurisdiction over portion of
Henry A. Wallace Beltsville Agricultural Research Center,
Beltsville, Maryland.
Sec. 7413. Foundation for food and agriculture research.
Sec. 7414. Assistance for forestry research under the McIntire-Stennis
Cooperative Forestry Act.
Sec. 7415. Legitimacy of industrial hemp research.
Sec. 7416. Collection of data relating to barley area planted and
harvested.
Sec. 7417. Collection of data relating to the size and location of
dairy farms.
Sec. 7418. Agriculture innovation center demonstration program.
Sec. 7419. Smith-Lever community extension program.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART I--Agricultural Security
Sec. 7501. Agricultural biosecurity communication center.
Sec. 7502. Assistance to build local capacity in agricultural
biosecurity planning, preparation, and response.
Sec. 7503. Research and development of agricultural countermeasures.
Sec. 7504. Agricultural biosecurity grant program.
PART II--Miscellaneous Provisions
Sec. 7511. Farm and Ranch Stress Assistance Network.
Sec. 7512. Natural products research program.
Sec. 7513. Sun grant program.
Sec. 7514. Mechanization and automation for specialty crops.
Subtitle F--Matching Funds Requirement
Sec. 7601. Matching funds requirement.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
Sec. 8101. State and private forest landscape-scale restoration
program.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
Sec. 8201. Repeal of recycling research.
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Sec. 8202. Repeal of forestry student grant program.
Subtitle C--Global Climate Change Prevention Act of 1990
Sec. 8301. Repeals.
Subtitle D--Healthy Forests Restoration Act of 2003
Sec. 8401. Promoting cross-boundary wildfire mitigation.
Sec. 8402. Authorization of appropriations for hazardous fuel reduction
on Federal land.
Sec. 8403. Repeal of biomass commercial utilization grant program.
Sec. 8404. Water Source Protection Program.
Sec. 8405. Watershed Condition Framework.
Sec. 8406. Authorization of appropriations to combat insect
infestations and related diseases.
Sec. 8407. Healthy Forests Reserve Program reauthorization.
Sec. 8408. Authorization of appropriations for designation of treatment
areas.
Sec. 8409. Administrative review of collaborative restoration projects.
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
Sec. 8501. Repeal of revision of strategic plan for forest inventory
and analysis.
Sec. 8502. Semiarid agroforestry research center.
Sec. 8503. National Forest Foundation Act.
Sec. 8504. Conveyance of Forest Service administrative sites.
Subtitle F--Forest Management
Sec. 8601. Definitions.
PART I--Expedited Environmental Analysis and Availability of
Categorical Exclusions to Expedite Forest Management Activities
Sec. 8611. Categorical exclusion for greater sage-grouse and mule deer
habitat.
PART II--Miscellaneous Forest Management Activities
Sec. 8621. Additional authority for sale or exchange of small parcels
of National Forest System land.
Sec. 8622. Forest Service participation in ACES program.
Sec. 8623. Authorization for lease of Forest Service sites.
Sec. 8624. Good neighbor authority.
Sec. 8625. Wildland-urban interface.
Sec. 8626. Chattahoochee-Oconee National Forest land adjustment.
Sec. 8627. Tennessee wilderness.
Sec. 8628. Additions to Rough Mountain and Rich Hole Wildernesses.
Sec. 8629. Kisatchie National Forest land conveyance.
Sec. 8630. Purchase of Natural Resources Conservation Service property,
Riverside County, California.
Sec. 8631. Collaborative Forest Landscape Restoration Program.
Sec. 8632. Utility infrastructure rights-of-way vegetation management
pilot program.
Sec. 8633. Okhissa Lake rural economic development land conveyance.
Sec. 8634. Prairie dogs.
PART III--Timber Innovation
Sec. 8641. Definitions.
Sec. 8642. Clarification of research and development program for wood
building construction.
Sec. 8643. Wood innovation grant program.
TITLE IX--ENERGY
Sec. 9101. Definitions.
Sec. 9102. Biobased markets program.
Sec. 9103. Biorefinery assistance.
Sec. 9104. Repowering assistance program.
Sec. 9105. Bioenergy program for advanced biofuel.
Sec. 9106. Biodiesel fuel education program.
Sec. 9107. Rural Energy for America Program.
Sec. 9108. Rural energy self-sufficiency initiative.
Sec. 9109. Feedstock flexibility program for bioenergy producers.
Sec. 9110. Biomass Crop Assistance Program.
Sec. 9111. Biogas research and adoption of biogas systems.
Sec. 9112. Community Wood Energy Program.
Sec. 9113. Carbon utilization education program.
TITLE X--HORTICULTURE
Sec. 10101. Specialty crops market news allocation.
Sec. 10102. Local Agriculture Market Program.
Sec. 10103. Organic production and market data initiatives.
Sec. 10104. Organic certification.
Sec. 10105. National organic certification cost-share program.
Sec. 10106. Food safety education initiatives.
Sec. 10107. Specialty crop block grants.
Sec. 10108. Plant variety protection.
Sec. 10109. Multiple crop and pesticide use survey.
Sec. 10110. Clarification of use of funds for technical assistance.
Sec. 10111. Hemp production.
Sec. 10112. Rule of construction.
TITLE XI--CROP INSURANCE
Sec. 11101. Definitions.
Sec. 11102. Data collection.
Sec. 11103. Sharing of records.
Sec. 11104. Use of resources.
Sec. 11105. Specialty crops.
Sec. 11106. Insurance period.
Sec. 11107. Cover crops.
Sec. 11108. Underserved producers.
Sec. 11109. Expansion of performance-based discount.
Sec. 11110. Enterprise units.
Sec. 11111. Pasture, rangeland, and forage policy for members of Indian
tribes.
Sec. 11112. Submission of policies and materials to board.
Sec. 11113. Whole farm revenue agent incentives.
Sec. 11114. Crop production on native sod.
Sec. 11115. Use of national agricultural statistics service data to
combat waste, fraud, and abuse.
Sec. 11116. Submission of information to corporation.
Sec. 11117. Acreage report streamlining initiative.
Sec. 11118. Continuing education for loss adjusters and agents.
Sec. 11119. Funding for information technology.
Sec. 11120. Agricultural commodity.
Sec. 11121. Reimbursement of research, development, and maintenance
costs.
Sec. 11122. Research and development authority.
Sec. 11123. Education assistance.
Sec. 11124. Cropland report annual updates.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
Sec. 12101. Sheep production and marketing grant program.
Sec. 12102. National animal health laboratory network.
Sec. 12103. National Animal Disease Preparedness, Response, and
Recovery Program; National Animal Vaccine and Veterinary
Countermeasures Bank.
Sec. 12104. Study on livestock dealer statutory trust.
Sec. 12105. Definition of livestock.
Subtitle B--Agriculture and Food Defense
Sec. 12201. Repeal of Office of Homeland Security.
Sec. 12202. Office of Homeland Security.
Sec. 12203. Agriculture and food defense.
Sec. 12204. Biological agents and toxins list.
Sec. 12205. Authorization of appropriations.
Subtitle C--Historically Underserved Producers
Sec. 12301. Farming opportunities training and outreach.
Sec. 12302. Urban agriculture.
Sec. 12303. Office of Advocacy and Outreach.
Sec. 12304. Tribal Advisory Committee.
Sec. 12305. Experienced services program.
Sec. 12306. Youth outreach and beginning farmer coordination.
Sec. 12307. Availability of Department of Agriculture programs for
veteran farmers and ranchers.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
Sec. 12401. Office of Congressional Relations and Intergovernmental
Affairs.
Sec. 12402. Military Veterans Agricultural Liaison.
Sec. 12403. Civil rights analyses.
Sec. 12404. Farm Service Agency.
Sec. 12405. Under Secretary of Agriculture for Farm Production and
Conservation.
Sec. 12406. Under Secretary of Agriculture for Rural Development.
Sec. 12407. Administrator of the Rural Utilities Service.
Sec. 12408. Rural Health Liaison.
Sec. 12409. Healthy Food Financing Initiative.
Sec. 12410. Natural Resources Conservation Service.
Sec. 12411. Office of the Chief Scientist.
Sec. 12412. Trade and foreign agricultural affairs.
Sec. 12413. Repeals.
Sec. 12414. Technical corrections.
Sec. 12415. Effect of subtitle.
Sec. 12416. Termination of authority.
Subtitle E--Other Miscellaneous Provisions
Sec. 12501. Acer access and development program.
Sec. 12502. South Carolina inclusion in Virginia/Carolina peanut
producing region.
Sec. 12503. Pet and Women Safety.
Sec. 12504. Data on conservation practices.
Sec. 12505. Marketing orders.
Sec. 12506. Study on food waste.
Sec. 12507. Report on business centers.
Sec. 12508. Information technology modernization.
Sec. 12509. Report on personnel.
Sec. 12510. Report on absent landlords.
Sec. 12511. Restriction on use of certain poisons for predator control.
Sec. 12512. Century farms program.
Sec. 12513. Report on the importation of live dogs.
Sec. 12514. Establishment of technical assistance program.
Sec. 12515. Promise Zones.
Sec. 12516. Precision agriculture connectivity.
Sec. 12517. Improved soil moisture and precipitation monitoring.
Sec. 12518. Study of marketplace fraud of unique traditional foods.
Sec. 12519. Dairy business innovation initiatives.
Subtitle F--General Provisions
Sec. 12601. Expedited exportation of certain species.
Sec. 12602. Baiting of migratory game birds.
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Sec. 12603. Pima agriculture cotton trust fund.
Sec. 12604. Agriculture wool apparel manufacturers trust fund.
Sec. 12605. Wool research and promotion.
Sec. 12606. Emergency Citrus Disease Research and Development Trust
Fund.
Sec. 12607. Extension of merchandise processing fees.
Sec. 12608. Conforming changes to Controlled Substances Act.
Sec. 12609. National Flood Insurance Program reauthorization.
Sec. 12610. Emergency assistance for livestock, honey bees, and farm-
raised fish.
Sec. 12611. Administrative units.
Sec. 12612. Drought and water conservation agreements.
Sec. 12613. Encouragement of pollinator habitat development and
protection.
Sec. 12614. Repair or replacement of fencing; cost share payments.
Sec. 12615. Food donation standards.
Sec. 12616. Micro-grants for food security.
Sec. 12617. Use of additional Commodity Credit Corporation funds for
direct operating microloans under certain conditions.
Sec. 12618. Business and innovation services essential community
facilities.
Sec. 12619. Rural innovation stronger economy grant program.
Sec. 12620. Dryland farming agricultural systems.
Sec. 12621. Remote sensing technologies.
Sec. 12622. Buy American requirements.
Sec. 12623. Eligibility for operators on heirs property land to obtain
a farm number.
Sec. 12624. Loans to purchasers of land with undivided interest and no
administrative authority.
Sec. 12625. Farmland ownership data collection.
Sec. 12626. Rural business investment program.
Sec. 12627. National Oilheat Research Alliance.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Agriculture.
TITLE I--COMMODITIES
Subtitle A--Commodity Policy
SEC. 1101. PAYMENT ACRES.
Section 1114(e) of the Agricultural Act of 2014 (7 U.S.C.
9014(e)) is amended by adding at the end the following:
``(5) Recalculation of base acres.--
``(A) In general.--If the Secretary recalculates base acres
for a farm while a farm is engaged in planting and production
of fruits, vegetables, or wild rice on base acres for which a
reduction in payment acres was made under this subsection,
that planting and production shall be considered to be the
same as the planting and production of a covered commodity.
``(B) Prohibition.--Nothing in this paragraph provides
authority for the Secretary to recalculate base acres for a
farm.''.
SEC. 1102. PRODUCER ELECTION.
Section 1115 of the Agricultural Act of 2014 (7 U.S.C.
9015) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``Except as provided in subsection (g), for
the 2014 through 2018 crop years'' and inserting ``For the
2014 through 2018 crop years (except as provided in
subsection (g)) and for the 2019 through 2023 crop years'';
(2) in subsection (c)--
(A) in the matter preceding paragraph (1), by inserting
``or the 2019 crop year, as applicable'' after ``2014 crop
year'';
(B) in paragraph (1), by inserting ``or the 2019 crop year,
as applicable,'' after ``2014 crop year''; and
(C) in paragraph (2)--
(i) by striking ``elected price'' and inserting the
following: ``elected, as applicable--
``(A) price''; and
(ii) in subparagraph (A) (as so designated), by striking
the period at the end and inserting the following: ``; and
``(B) county coverage for all covered commodities on the
farm for the 2020 through 2023 crop years.''; and
(3) in subsection (g)(1), by inserting ``for the 2018 crop
year,'' before ``all of the producers''.
SEC. 1103. PRICE LOSS COVERAGE.
Section 1116 of the Agricultural Act of 2014 (7 U.S.C.
9016) is amended--
(1) in subsections (a) and (d) by striking ``2018'' each
place it appears and inserting ``2023''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The payment'' and inserting the
following:
``(1) In general.--The payment''; and
(C) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end
of each applicable 12-month marketing year for each covered
commodity, the Secretary shall publish the payment rate
determined under paragraph (1).''.
SEC. 1104. AGRICULTURE RISK COVERAGE.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C.
9017) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1)--
(A) by inserting ``(beginning with the 2019 crop year,
based on the physical location of the farm)'' after
``payments''; and
(B) by inserting ``or the 2019 through 2023 crop years, as
applicable'' after ``2014 through 2018 crop years'';
(2) in subsection (c)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``paragraph (4)'' and
inserting ``paragraphs (4) and (5)''; and
(ii) in subparagraph (B), by striking ``(5)'' and inserting
``(6)'';
(B) in paragraph (3)--
(i) in subparagraph (A)(ii), by striking ``(5)'' and
inserting ``(6)''; and
(ii) in subparagraph (C), by striking ``2018'' and
inserting ``2023'';
(C) in paragraph (4)--
(i) by striking ``If'' and inserting ``Effective for the
2019 through 2023 crop years, if''; and
(ii) by striking ``70 percent'' each place it appears and
inserting ``75 percent'';
(D) by redesignating paragraph (5) as paragraph (6); and
(E) by inserting after paragraph (4) the following:
``(5) Trend-adjusted yield.--The Secretary shall calculate
and use a trend-adjusted yield factor to adjust the yield
determined under paragraph (2)(A) and subsection (b)(1)(A),
taking into consideration, but not exceeding, the trend-
adjusted yield factor that is used to increase yield history
under the endorsement under the Federal Crop Insurance Act (7
U.S.C. 1501 et seq.) for that crop and county.'';
(3) in subsection (d)--
(A) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The payment'' and inserting the
following:
``(1) In general.--The payment''; and
(D) by adding at the end the following:
``(2) Announcement.--Not later than 30 days after the end
of each applicable 12-month marketing year for each covered
commodity, the Secretary shall publish the payment rate
determined under paragraph (1) for each county.'';
(4) in subsection (e), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023'';
(5) in subsection (g)--
(A) in paragraph (3), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by inserting
``effective for the 2014 through 2018 crop years,'' before
``in the case of''; and
(ii) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(5) effective for the 2019 through 2023 crop years, in
the case of county coverage--
``(A) effective beginning with actual county yields for the
2019 crop year, assign an actual county yield for each
planted acre for the crop year for the covered commodity by
giving priority to--
``(i) the use of actual county yields in, to the maximum
extent practicable, a single source of data that provides the
greatest national coverage of county-level data;
``(ii) the use of a source of data that may be used to
determine an average actual county yield under subsection
(b)(1)(A) and an average historical county yield under
subsection (c)(2)(A) for the same county; and
``(iii) in the case of a county not included in any source
of data described in clauses (i) and (ii), the use of--
``(I) other sources of county yield information; or
``(II) the yield history of representative farms in the
State, region, or crop reporting district, as determined by
the Secretary; and
``(B) in the case of a farm that has a tract with base
acres and that tract crosses a county boundary--
``(i) prorate the base acres based on the quantity of
cropland of the tract in each county; and
``(ii) calculate any crop revenue on the basis described in
clause (i).''; and
(6) by adding at the end the following:
``(h) Publications.--
``(1) County guarantee.--
``(A) In general.--For each crop year for a covered
commodity, the Secretary shall publish information
describing, for that crop year for the covered commodity in
each county--
``(i) the agriculture risk coverage guarantee for county
coverage determined under subsection (c)(1);
``(ii) the average historical county yield determined under
subsection (c)(2)(A); and
``(iii) the national average market price determined under
subsection (c)(2)(B).
``(B) Timing.--
``(i) In general.--Except as provided in clauses (ii) and
(iii), not later than 30 days after the end of each
applicable 12-month marketing year, the Secretary shall
publish the information described in subparagraph (A).
``(ii) Insufficient data.--In the case of a covered
commodity, such as temperate japonica rice, for which the
Secretary cannot determine the national average market price
for the most recent 12-month marketing year by the date
described in clause (i) due to insufficient reporting of
timely pricing data by 1 or more nongovernmental entities,
including a marketing cooperative for the covered
[[Page S4524]]
commodity, as soon as practicable after the pricing data is
made available, the Secretary shall publish information
describing--
``(I) the agriculture risk coverage guarantee under
subparagraph (A)(i); and
``(II) the national average market price under subparagraph
(A)(iii).
``(iii) Transition.--Not later than 60 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall publish the information described in
subparagraph (A) for the 2018 crop year.
``(2) Actual average county yield.--As soon as practicable
after each crop year, the Secretary shall determine and
publish each actual average county yield for each covered
commodity, as determined under subsection (b)(1)(A).
``(3) Data sources for county yields.--For the 2018 crop
year and each crop year thereafter, the Secretary shall make
publicly available information describing, for the most
recent crop year--
``(A) the sources of data used to calculate county yields
under subsection (c)(2)(A) for each covered commodity--
``(i) by county; and
``(ii) nationally; and
``(B) the number and outcome of occurrences in which the
Farm Service Agency reviewed, changed, or determined not to
change a source of data used to calculate county yields under
subsection (c)(2)(A).''.
SEC. 1105. REPEAL OF TRANSITION ASSISTANCE FOR PRODUCERS OF
UPLAND COTTON.
Section 1119 of the Agricultural Act of 2014 (7 U.S.C.
9019) is repealed.
Subtitle B--Marketing Loans
SEC. 1201. EXTENSIONS.
(a) In General.--Section 1201(b)(1) of the Agricultural Act
of 2014 (7 U.S.C. 9031(b)(1)) is amended by striking ``2018''
and inserting ``2023''.
(b) Loan Rates.--Section 1202(a) of the Agricultural Act of
2014 (7 U.S.C. 9032(a)) is amended by striking ``2018'' each
place it appears and inserting ``2023''.
(c) Repayment.--Section 1204 of the Agricultural Act of
2014 (7 U.S.C. 9034) is amended--
(1) in subsection (e)(2)(B), in the matter preceding clause
(i), by striking ``2019''and inserting ``2024''; and
(2) in subsection (g), by striking ``2018'' and inserting
``2023''.
(d) Loan Deficiency Payments.--
(1) Extension.--Section 1205(a)(2)(B) of the Agricultural
Act of 2014 (7 U.S.C. 9035(a)(2)(B)) is amended by striking
``2018'' and inserting ``2023''.
(2) Payments in lieu of ldps.--Section 1206 of the
Agricultural Act of 2014 (7 U.S.C. 9036) is amended in
subsections (a) and (d) by striking ``2018'' each place it
appears and inserting ``2023''.
(3) Special competitive provisions.--Section 1208(a) of the
Agricultural Act of 2014 (7 U.S.C. 9038(a)) is amended in the
matter preceding paragraph (1) by striking ``2019'' and
inserting ``2024''.
(4) Availability of recourse loans.--Section 1209 of the
Agricultural Act of 2014 (7 U.S.C. 9039) is amended in
subsections (a)(2) and (b) by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 1202. REPEAL; UNSHORN PELTS.
Section 1205 of the Agricultural Act of 2014 (7 U.S.C.
9035) is amended--
(1) in subsection (a)(2)--
(A) in the paragraph heading, by striking ``Unshorn pelts,
hay,'' and inserting ``Hay'';
(B) in subparagraph (A), by striking ``nongraded wool in
the form of unshorn pelts and''; and
(C) in subparagraph (B) (as amended by section 1201(d)(1)),
by striking ``unshorn pelts or''; and
(2) in subsection (c)--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
SEC. 1203. ECONOMIC ADJUSTMENT ASSISTANCE FOR UPLAND COTTON
USERS.
(a) 2008 Authority.--Section 1207 of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8737) is
amended by striking subsection (c).
(b) 2014 Authority.--Section 1207(c) of the Agricultural
Act of 2014 (7 U.S.C. 9037(c)) is amended by striking
paragraph (2) and inserting the following:
``(2) Value of assistance.--
``(A) Effective period.--During the period beginning on
August 1, 2013, and ending on July 31, 2020, the value of the
assistance provided under paragraph (1) shall be 3 cents per
pound.
``(B) Subsequent period.--
``(i) In general.--Beginning on the first day after the end
of the period described in subparagraph (A), and subject to
the availability of appropriations under clause (ii), the
value of the assistance provided under paragraph (1) shall be
3 cents per pound.
``(ii) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out clause (i).''.
Subtitle C--Sugar
SEC. 1301. SUGAR PROGRAM.
(a) Extension.--Section 156 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7272) is
amended--
(1) in subsection (a)(4), by striking ``2018'' and
inserting ``2023'';
(2) in subsection (b)(2), by striking ``2018'' and
inserting ``2023''; and
(3) in subsection (i), by striking ``2018'' and inserting
``2023''.
(b) Allotments.--
(1) Estimates.--Section 359b(a)(1) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359bb(a)(1)) is amended in
the matter preceding subparagraph (A) by striking ``2018''
and inserting ``2023''.
(2) Effective period.--Section 359l(a) of the Agricultural
Adjustment Act of 1938 (7 U.S.C. 1359ll(a)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle D--Dairy
PART I--DAIRY RISK COVERAGE
SEC. 1401. DAIRY RISK COVERAGE.
(a) Dairy Risk Coverage.--Part I of subtitle D of title I
of the Agricultural Act of 2014 (7 U.S.C. 9051 et seq.) is
amended in the part heading by striking ``margin protection
program'' and inserting ``dairy risk coverage''.
(b) Definitions.--Section 1401 of the Agricultural Act of
2014 (7 U.S.C. 9051) is amended--
(1) by redesignating paragraphs (4) through (10) as
paragraphs (5) through (11), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Catastrophic coverage.--The term `catastrophic
coverage' means coverage under section 1406(a)(2)(B).'';
(3) in paragraph (6) (as so redesignated)--
(A) in the paragraph heading, by striking ``Margin
protection program'' and inserting ``Dairy risk coverage'';
(B) by striking ``margin protection program'' the first
place it appears and inserting ``dairy risk coverage''; and
(C) by striking ``the margin protection program'' and
inserting ``dairy risk coverage'';
(4) in paragraph (7) (as so redesignated)--
(A) in the paragraph heading, by striking ``Margin
protection program'' and inserting ``Dairy risk coverage'';
(B) by striking ``margin protection program'' the first
place it appears and inserting ``dairy risk coverage''; and
(C) by striking ``the margin protection program pursuant
to''; and
(5) in paragraphs (8) and (9) (as so redesignated), by
striking ``the margin protection program'' each place it
appears and inserting ``dairy risk coverage''.
(c) Calculation of Actual Dairy Production Margin.--Section
1402(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9052(b)(1)) is amended in the matter preceding subparagraph
(A) by striking ``the margin protection program'' and
inserting ``dairy risk coverage''.
(d) Dairy Risk Coverage Administration.--Section 1403 of
the Agricultural Act of 2014 (7 U.S.C. 9053) is amended to
read as follows:
``SEC. 1403. DAIRY RISK COVERAGE ADMINISTRATION.
``(a) In General.--Beginning with the 2019 calendar year,
the Secretary shall administer dairy risk coverage under
which participating dairy operations are paid a dairy risk
coverage payment when actual dairy production margins are
less than the threshold levels for a dairy risk coverage
payment.
``(b) Regulations.--Subpart A of part 1430 of title 7, Code
of Federal Regulations (as in effect on the date of enactment
of the Agriculture Improvement Act of 2018), shall remain in
effect for dairy risk coverage beginning with the 2019
calendar year, except to the extent that the regulations are
inconsistent with any provision of this Act.''.
(e) Participation of Dairy Operations in Dairy Risk
Coverage.--Section 1404 of the Agricultural Act of 2014 (7
U.S.C. 9054) is amended--
(1) in the section heading, by striking ``margin protection
program'' and inserting ``dairy risk coverage'';
(2) in subsection (a), by striking ``the margin'' and all
that follows through ``payments'' and inserting ``dairy risk
coverage to receive dairy risk coverage payments'';
(3) in subsection (b)--
(A) in each of paragraphs (1), (3), and (4), by striking
``the margin protection program'' and inserting ``dairy risk
coverage''; and
(B) by adding at the end the following:
``(5) Catastrophic coverage.--A participating dairy
operation may elect to receive catastrophic coverage instead
of paying a premium under section 1407.'';
(4) in subsection (c)--
(A) in paragraphs (1)(A) and (3), by striking ``the margin
protection program'' each place it appears and inserting
``dairy risk coverage'';
(B) in paragraph (1)(B), by striking ``of the margin
protection program''; and
(C) in paragraph (2)--
(i) by striking ``The administrative'' and inserting the
following:
``(A) In general.--The administrative''; and
(ii) by adding at the end the following:
``(B) Catastrophic coverage.--In addition to the
administrative fee under subparagraph (A), a participating
dairy operation that elects to receive catastrophic coverage
shall pay an additional administrative fee of $100.''; and
(5) in subsection (d), by striking ``the margin protection
program'' and inserting ``dairy risk coverage''.
(f) Production History of Participating Dairy Operations.--
Section 1405 of the Agricultural Act of 2014 (7 U.S.C. 9055)
is amended--
(1) in subsections (a) and (c), by striking ``the margin
protection program'' each place
[[Page S4525]]
it appears and inserting ``dairy risk coverage''; and
(2) in subsection (a)(2), by striking ``In subsequent
years'' and inserting ``During each of the 2014 through 2019
calendar years''.
(g) Dairy Risk Coverage Payments.--Section 1406 of the
Agricultural Act of 2014 (7 U.S.C. 9056) is amended--
(1) in the section heading, by striking ``margin
protection'' and inserting ``dairy risk coverage'';
(2) by striking ``margin protection'' each place it appears
and inserting ``dairy risk coverage'';
(3) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``to $4.00'' and all that follows through
``$5.50'' and inserting the following: ``to--
``(A) in the case of catastrophic coverage, $5.00;
``(B) $5.50''; and
(ii) by adding at the end the following:
``(C) in the case of production subject to premiums under
section 1407(b), any amount described in subparagraph (B),
$8.50, or $9.00; and''; and
(B) in paragraph (2)--
(i) by striking ``(2) a percentage'' and inserting the
following:
``(2)(A) a percentage'';
(ii) in subparagraph (A) (as so designated)--
(I) by striking ``beginning with 25 percent and not
exceeding'' and inserting ``that does not exceed''; and
(II) by striking the period at the end and inserting ``;
or''; and
(iii) by adding at the end the following:
``(B) in the case of catastrophic coverage, a coverage
level of 40 percent of the production history of the
participating dairy operation.''; and
(4) in subsection (c), in the subsection heading, by
striking ``Margin Protection'' and inserting ``Dairy Risk
Coverage''.
(h) Premiums for Dairy Risk Coverage.--Section 1407 of the
Agricultural Act of 2014 (7 U.S.C. 9057) is amended--
(1) in the section heading, by striking ``margin protection
program'' and inserting ``dairy risk coverage'';
(2) in subsection (a), in the matter preceding paragraph
(1), by striking ``the margin protection program'' and
inserting ``dairy risk coverage'';
(3) in subsection (b)--
(A) in paragraph (2)--
(i) by striking ``Except as'' and all that follows through
``the'' and inserting ``The'';
(ii) by striking the rows relating to the $4.00, $4.50, and
$5.00 coverage levels;
(iii) by striking ``$0.009'' and inserting ``$0.02'';
(iv) by striking ``$0.016'' and inserting ``$0.04'';
(v) by striking ``$0.040'' and inserting ``$0.07'';
(vi) by striking ``$0.063'' and inserting ``$0.10'';
(vii) by striking ``$0.087'' and inserting ``$0.12'';
(viii) by striking ``$0.142'' and inserting ``$0.14''; and
(ix) by adding at the end of the table the following:
``$8.50 $0.16
$9.00 $0.18''; and
(B) by striking paragraph (3);
(4) in subsection (c)(2)--
(A) by striking the rows relating to the $4.00, $4.50, and
$5.00 coverage levels;
(B) by striking ``$0.100'' and inserting ``$0.144'';
(C) by striking ``$0.155'' and inserting ``$0.24'';
(D) by striking ``$0.290'' and inserting ``$0.42'';
(E) by striking ``$0.830'' and inserting ``$1.08'';
(F) by striking ``$1.060'' and inserting ``$1.32''; and
(G) by striking ``$1.360'' and inserting ``$1.68'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``the margin protection
program'' and inserting ``dairy risk coverage''; and
(B) in paragraph (2), by striking ``A participating dairy
operation in the margin protection program'' and inserting
``A dairy operation participating in dairy risk coverage'';
and
(6) by adding at the end the following:
``(f) Small and Medium Farm Discount.--The premium per
hundredweight specified in the tables contained in
subsections (b) and (c) for each coverage level shall be
reduced by--
``(1) 50 percent for a participating dairy operation with a
production history that is less than 2,000,000 pounds; and
``(2) 25 percent for a participating dairy operation with a
production history that is not less than 2,000,000 pounds and
not greater than 10,000,000 pounds.
``(g) Repayment of Premiums.--
``(1) In general.--The Secretary shall repay each dairy
operation that participated in the margin protection program,
as in effect for each of calendar years 2014 through 2017, an
amount equal to the difference between--
``(A) the total amount of premiums paid by the
participating dairy operation under this section for the
applicable calendar year; and
``(B) the total amount of payments made to the
participating dairy operation under section 1406 for that
calendar year.
``(2) Applicability.--Paragraph (1) shall only apply to a
calendar year for which the amount described in subparagraph
(A) of that paragraph is greater than the amount described in
subparagraph (B) of that paragraph.''.
(i) Effect of Failure to Pay Administrative Fees or
Premiums.--Section 1408 of the Agricultural Act of 2014 (7
U.S.C. 9058) is amended--
(1) in subsection (a)(2), by striking ``margin protection''
and inserting ``dairy risk coverage''; and
(2) in subsection (b), by striking ``the margin protection
program'' and inserting ``dairy risk coverage''.
(j) Duration.--Section 1409 of the Agricultural Act of 2014
(7 U.S.C. 9059) is amended--
(1) by striking ``The margin protection program'' and
inserting ``Dairy risk coverage''; and
(2) by striking ``2018'' and inserting ``2023''.
(k) Administration and Enforcement.--Section 1410 of the
Agricultural Act of 2014 (7 U.S.C. 9060) is amended--
(1) in subsections (a) and (c), by striking ``the margin
protection program'' each place it appears and inserting
``dairy risk coverage''; and
(2) in subsection (b), by striking ``margin protection''
and inserting ``dairy risk coverage''.
PART II--REAUTHORIZATIONS AND OTHER DAIRY-RELATED PROVISIONS
SEC. 1411. REAUTHORIZATIONS.
(a) Forward Pricing.--Section 1502(e) of the Food,
Conservation, and Energy Act of 2008 (7 U.S.C. 8772(e)) is
amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2), by striking ``2021'' and inserting
``2026''.
(b) Indemnity Program.--Section 3 of Public Law 90-484 (7
U.S.C. 4553) is amended by striking ``2018'' and inserting
``2023''.
(c) Promotion and Research.--Section 113(e)(2) of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4504(e)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 1412. CLASS I SKIM MILK PRICE.
(a) Class I Skim Milk Price.--Section 8c(5)(A) of the
Agricultural Adjustment Act (7 U.S.C. 608c(5)(A)), reenacted
with amendments by the Agricultural Marketing Agreement Act
of 1937, is amended by striking ``Throughout'' in the third
sentence and all that follows through the period at the end
of the fourth sentence and inserting ``Throughout the 2-year
period beginning on the effective date of this sentence (and
subsequent to such 2-year period unless modified by amendment
to the order involved), for purposes of determining prices
for milk of the highest use classification, the Class I skim
milk price per hundredweight specified in section 1000.50(b)
of title 7, Code of Federal Regulations (or successor
regulations), shall be the sum of the adjusted Class I
differential specified in section 1000.52 of such title 7 (or
successor regulations), plus the adjustment to Class I prices
specified in sections 1005.51(b), 1006.51(b), and 1007.51(b)
of such title 7 (or successor regulations), plus the simple
average of the advanced pricing factors computed in sections
1000.50(q)(1) and 1000.50(q)(2) of such title 7 (or successor
regulations), plus $0.74.''.
(b) Effective Date and Implementation.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the first day of the first month
beginning more than 120 days after the date of enactment of
this Act.
(2) Implementation.--Implementation of the amendment made
by subsection (a) shall not be subject to any of the
following:
(A) The notice and comment provisions of section 553 of
title 5, United States Code.
(B) The notice and hearing requirements of section 8c(3) of
the Agricultural Adjustment Act (7 U.S.C. 608c(3)), reenacted
with amendments by the Agricultural Marketing Agreement Act
of 1937.
(C) The order amendment requirements of section 8c(17) of
that Act (7 U.S.C. 608c(17)).
(D) A referendum under section 8c(19) of that Act (7 U.S.C.
608c(19)).
SEC. 1413. MILK DONATION PROGRAM.
(a) In General.--Part III of subtitle D of title I of the
Agricultural Act of 2014 (7 U.S.C. 9071) is amended to read
as follows:
``PART III--MILK DONATION PROGRAM
``SEC. 1431. MILK DONATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible dairy organization.--The term `eligible
dairy organization' means a dairy farmer (either individually
or as part of a cooperative), or a dairy processor, who--
``(A) accounts to a Federal milk marketing order marketwide
pool; and
``(B) incurs qualified expenses under subsection (e).
``(2) Eligible distributor.--The term `eligible
distributor' means a public or private nonprofit organization
that distributes donated eligible milk.
``(3) Eligible milk.--The term `eligible milk' means Class
I fluid milk products produced and processed in the United
States.
``(4) Eligible partnership.--The term `eligible
partnership' means a partnership between an eligible dairy
organization and an eligible distributor.
``(5) Participating partnership.--The term `participating
partnership' means an eligible partnership for which the
Secretary has approved a donation and distribution plan for
eligible milk under subsection (c)(2).
``(b) Program Required; Purposes.--Not later than 180 days
after the date of enactment of the Agriculture Improvement
Act of
[[Page S4526]]
2018, the Secretary shall establish and administer a milk
donation program for the purposes of--
``(1) encouraging the donation of eligible milk;
``(2) providing nutrition assistance to individuals in low-
income groups; and
``(3) reducing food waste.
``(c) Donation and Distribution Plans.--
``(1) In general.--To be eligible to receive reimbursement
under subsection (d), an eligible partnership shall submit to
the Secretary a donation and distribution plan that--
``(A) describes the process that the eligible partnership
will use for the donation, processing, transportation,
temporary storage, and distribution of eligible milk;
``(B) includes an estimate of the quantity of eligible milk
that the eligible partnership will donate each year, based
on--
``(i) preplanned donations; and
``(ii) contingency plans to address unanticipated
donations; and
``(C) describes the rate at which the eligible partnership
will be reimbursed, which shall be based on a percentage of
the limitation described in subsection (e)(2).
``(2) Review and approval.--Not less frequently than
annually, the Secretary shall--
``(A) review donation and distribution plans submitted
under paragraph (1); and
``(B) determine whether to approve or disapprove each of
those donation and distribution plans.
``(d) Reimbursement.--
``(1) In general.--On receipt of appropriate documentation
under paragraph (2), the Secretary shall reimburse an
eligible dairy organization that is a member of a
participating partnership on a regular basis for qualified
expenses described in subsection (e).
``(2) Documentation.--
``(A) In general.--An eligible dairy organization shall
submit to the Secretary such documentation as the Secretary
may require to demonstrate the qualified expenses described
in subsection (e) of the eligible dairy organization.
``(B) Verification.--The Secretary may verify the accuracy
of documentation submitted under subparagraph (A) by spot
checks and audits.
``(3) Retroactive reimbursement.--In providing
reimbursements under paragraph (1), the Secretary may provide
reimbursements for qualified expenses incurred before the
date on which the donation and distribution plan for the
applicable participating partnership was approved by the
Secretary.
``(e) Qualified Expenses.--
``(1) In general.--The amount of a reimbursement under
subsection (d) shall be an amount equal to the product of--
``(A) the quantity of eligible milk donated by the eligible
dairy organization under a donation and distribution plan
approved by the Secretary under subsection (c); and
``(B) subject to the limitation under paragraph (2), the
rate described in that donation and distribution plan under
subsection (c)(1)(C).
``(2) Limitation.--Expenses eligible for reimbursement
under subsection (d) shall not exceed the value that an
eligible dairy organization incurred by accounting to the
Federal milk marketing order pool at the difference in the
Class I milk value and the lowest classified price for the
applicable month (either Class III milk or Class IV milk).
``(f) Preapproval.--
``(1) In general.--The Secretary shall--
``(A) establish a process for an eligible partnership to
apply for preapproval of donation and distribution plans
under subsection (c); and
``(B) not less frequently than annually, preapprove an
amount for qualified expenses described in subsection (e)
that the Secretary will allocate for reimbursement under each
donation and distribution plan preapproved under subparagraph
(A), based on an assessment of--
``(i) the feasibility of the plan; and
``(ii) the extent to which the plan advances the purposes
described in subsection (b).
``(2) Preference.--In preapproving amounts for
reimbursement under paragraph (1)(B), the Secretary shall
give preference to eligible partnerships that will provide
funding and in-kind contributions in addition to the
reimbursements.
``(3) Adjustments.--
``(A) In general.--The Secretary shall adjust or increase
amounts preapproved for reimbursement under paragraph (1)(B)
based on performance and demand.
``(B) Requests for increase.--
``(i) In general.--The Secretary shall establish a
procedure for a participating partnership to request an
increase in the amount preapproved for reimbursement under
paragraph (1)(B) based on changes in conditions.
``(ii) Interim approval; incremental increase.--The
Secretary may provide an interim approval of an increase
requested under clause (i) and an incremental increase in the
amount of reimbursement to the applicable participating
partnership to allow time for the Secretary to review the
request without interfering with the donation and
distribution of eligible milk by the participating
partnership.
``(g) Prohibition on Resale of Products.--
``(1) In general.--An eligible distributor that receives
eligible milk donated under this section may not sell the
products back into commercial markets.
``(2) Prohibition on future participation.--An eligible
distributor that the Secretary determines has violated
paragraph (1) shall not be eligible for any future
participation in the program established under this section.
``(h) Administration.--The Secretary shall publicize
opportunities to participate in the program established under
this section.
``(i) Reviews.--The Secretary shall conduct appropriate
reviews or audits to ensure the integrity of the program
established under this section.
``(j) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section $8,000,000 for fiscal year 2019, and $5,000,000 for
each fiscal year thereafter, to remain available until
expended.''.
(b) Conforming Amendment.--Section 1401 of the Agricultural
Act of 2014 (7 U.S.C. 9051) is amended, in the matter
preceding paragraph (1), by striking ``and part III''.
Subtitle E--Supplemental Agricultural Disaster Assistance
SEC. 1501. SUPPLEMENTAL AGRICULTURAL DISASTER ASSISTANCE.
(a) Members of Indian Tribes.--Section 1501(a)(1)(B) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)(1)(B)) is
amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following:
``(iii) an Indian tribe or tribal organization (as those
terms are defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304));''.
(b) Livestock Indemnity Program.--Section 1501(b) of the
Agricultural Act of 2014 (7 U.S.C. 9081(b)) is amended--
(1) in paragraph (1)(B), by striking ``cold.'' and
inserting ``cold, on the condition that in the case of the
death loss of unweaned livestock due to that adverse weather,
the Secretary may disregard any management practice,
vaccination protocol, or lack of vaccination by the eligible
producer on a farm.''; and
(2) by adding at the end the following:
``(5) Sharing of bison market value data.--To ensure that
payments made under this subsection relating to bison are
consistent with the market value of bison, the Secretary
shall annually seek input and data from the bison industry
(including bison producer groups) relating to the market
value of bison.''.
(c) Tree Assistance Program.--Section 1501(e) of the
Agricultural Act of 2014 (7 U.S.C. 9081(e)) is amended--
(1) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``paragraph (4)'' and inserting ``paragraphs
(4) and (5)''; and
(2) by adding at the end the following:
``(5) Payment rate for beginning and veteran producers.--
Subject to paragraph (4), in the case of a beginning farmer
or rancher or a veteran farmer or rancher (as those terms are
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)) that
is eligible to receive assistance under this subsection, the
Secretary shall provide reimbursement of 75 percent of the
costs under subparagraphs (A)(i) and (B) of paragraph (3).''.
Subtitle F--Noninsured Crop Assistance
SEC. 1601. NONINSURED CROP ASSISTANCE PROGRAM.
Section 196 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7333) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by adding at the end the following:
``(C) Data collection and sharing.--The Secretary shall
coordinate with the Administrator of the Risk Management
Agency on the type and format of data received under the
noninsured crop disaster assistance program that--
``(i) best facilitates the use of that data in developing
policies or plans of insurance offered under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.); and
``(ii) ensures the availability of that data on a regular
basis.
``(D) Coordination.--The Secretary shall coordinate between
the agencies of the Department that provide programs or
services to farmers and ranchers that are potentially
eligible for the noninsured crop disaster assistance program
under this section--
``(i) to make available coverage under--
``(I) the fee waiver under subsection (k)(2); or
``(II) the premium discount under subsection (l)(3); and
``(ii) to share eligibility information to reduce paperwork
and avoid duplication.''; and
(B) in paragraph (4)--
(i) in subparagraph (B), by striking clause (i) and
inserting the following:
``(i) In general.--
``(I) Agricultural act of 2014.--As determined by the
Secretary, native sod acreage that has been tilled for the
production of a covered crop during the period beginning on
February 8, 2014, and ending on the date of enactment of the
Agriculture Improvement Act of 2018 shall be subject to 4
cumulative years of a reduction in benefits under this
section as described in this subparagraph.
``(II) Subsequent years.--
``(aa) Non-hay and non-forage crops.--During the first 4
crop years of planting, as determined by the Secretary,
native sod acreage that has been tilled for the production of
a covered crop other than a hay or forage crop after the date
of enactment of the Agriculture Improvement Act of 2018 shall
be subject to 4 cumulative years of a
[[Page S4527]]
reduction in benefits under this section as described in this
subparagraph.
``(bb) Hay and forage crops.--During each crop year of
planting, as determined by the Secretary, native sod acreage
that has been tilled for the production of a hay or forage
crop after the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to 4 cumulative
years of a reduction in benefits under this section as
described in this subparagraph.'';
(ii) by redesignating subparagraph (C) as subparagraph (D);
(iii) by inserting after subparagraph (B) the following:
``(C) Native sod conversion certification.--
``(i) Certification.--As a condition on the receipt of
benefits under this section, a producer that has tilled
native sod acreage for the production of an insurable crop as
described in subparagraph (B)(i) shall certify to the
Secretary that acreage using--
``(I) an acreage report form of the Farm Service Agency
(FSA-578 or any successor form); and
``(II) 1 or more maps.
``(ii) Corrections.--Beginning on the date on which a
producer submits a certification under clause (i), as soon as
practicable after the producer discovers a change in tilled
native sod acreage described in that clause, the producer
shall submit to the Secretary any appropriate corrections to
a form or map described in subclause (I) or (II) of that
clause.
``(iii) Annual reports.--Not later than January 1, 2019,
and each January 1 thereafter through January 1, 2023, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes
the tilled native sod acreage that has been certified under
clause (i) in each county and State as of the date of
submission of the report.''; and
(iv) in subparagraph (D) (as so redesignated)--
(I) by striking ``This paragraph'' and inserting the
following:
``(i) In general.--Subject to clause (ii), this
paragraph''; and
(II) by adding at the end the following:
``(ii) Election.--A governor of a State other than a State
described in clause (i) may elect to have this paragraph
apply to the State.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``not later than 30
days'' and inserting ``by an appropriate deadline''; and
(B) by adding at the end the following:
``(4) Streamlined submission process.--The Secretary shall
establish a streamlined process for the submission of records
and acreage reports under paragraphs (2) and (3) for--
``(A) diverse production systems such as those typical of
urban production systems, other small-scale production
systems, and direct-to-consumer production systems; and
``(B) additional coverage under subsection (l)--
``(i) for maximum liabilities not greater than $100,000;
and
``(ii) that is equivalent to the process described in the
regulations for microloan operating loans under parts 761 and
764 of title 7, Code of Federal Regulations (as in effect on
the date of enactment of the Agriculture Improvement Act of
2018).'';
(3) in subsection (d)--
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (2), (3), and (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) the producer's share of the total acres devoted to
the eligible crop; by''; and
(C) in paragraph (2) (as so redesignated), by striking
``established yield for the crop'' and inserting ``approved
yield for the crop, as determined by the Secretary'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``farm'' and inserting
``approved'';
(B) in paragraph (2)--
(i) in the second sentence--
(I) by inserting ``approved'' before ``yield''; and
(II) by striking ``Subject'' and inserting the following:
``(B) Calculation.--Subject''; and
(ii) in the matter preceding subparagraph (B) (as so
designated)--
(I) by striking ``yield coverage'' and inserting ``an
approved yield''; and
(II) by striking ``The Secretary'' and inserting the
following:
``(A) In general.--The Secretary''; and
(C) in paragraph (3), by striking ``transitional yield of
the producer'' and inserting ``county expected yield'';
(5) in subsection (i)(2), by striking ``exceed $125,000''
and inserting the following: ``exceed--
``(A) in the case of catastrophic coverage under subsection
(c), $125,000; and
``(B) in the case of additional coverage under subsection
(l), $300,000'';
(6) in subsection (k)(1)--
(A) in subparagraph (A), by striking ``$250'' and inserting
``$325''; and
(B) in subparagraph (B)--
(i) by striking ``$750'' and inserting ``$825''; and
(ii) by striking ``$1,875'' and inserting ``$1,950''; and
(7) in subsection (l)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A), (B), and (C) as
subparagraphs (B), (C), and (D), respectively;
(ii) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) the producer's share of the total acres devoted to
the crop;''; and
(iii) in subparagraph (C) (as so redesignated), by
inserting ``, contract price, or other premium price (such as
a local, organic, or direct market price, as elected by the
producer)'' after ``price'';
(B) by striking paragraphs (3) and (5); and
(C) by redesignating paragraph (4) as paragraph (3).
Subtitle G--Administration
SEC. 1701. REGULATIONS.
Section 1601(c)(2) of the Agricultural Act of 2014 (7
U.S.C. 9091(c)(2)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``title and sections 11003 and 11017'' and inserting ``title,
sections 11003 and 11017, title I of the Agriculture
Improvement Act of 2018 and the amendments made by that
title, and section 10109 of that Act'';
(2) in subparagraph (A), by adding ``and'' at the end;
(3) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(4) by striking subparagraph (C).
SEC. 1702. SUSPENSION OF PERMANENT PRICE SUPPORT AUTHORITY.
Section 1602 of the Agricultural Act of 2014 (7 U.S.C.
9092) is amended by striking ``2018'' each place it appears
and inserting ``2023''.
SEC. 1703. IMPLEMENTATION.
Section 1614 of the Agricultural Act of 2014 (7 U.S.C.
9097) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Streamlining.--In implementing this title, the
Secretary shall--
``(1) reduce administrative burdens and costs to producers
by streamlining and reducing paperwork, forms, and other
administrative requirements, including through the
implementation of the Acreage Crop Reporting and Streamlining
Initiative that, in part, shall ensure that--
``(A) a producer (or an agent of a producer) may report
information electronically (including geospatial data) or
conventionally to the Department of Agriculture;
``(B) the Department of Agriculture collects and collates
producer information that allows cross-agency collation,
including by--
``(i) using farm numbers, common-land-unit identifiers, or
other common identifiers to enable data across the farm
production and conservation mission area to be collated by
farm, field, and operator or owner;
``(ii) recording and making available data at the smallest
possible unit, such as field-level; and
``(iii) harmonizing methods for determining yields and
property descriptions; and
``(C) on the request of the producer (or agent thereof),
the Department of Agriculture electronically shares with the
producer (or agent) in real time and without cost to the
producer (or agent) the common land unit data, related farm
level data, conservation practices and other information of
the producer through a single Department-wide login;
``(2) improve coordination, information sharing, and
administrative work with the Farm Service Agency, the Risk
Management Agency, the Natural Resources Conservation
Service, and other agencies, as determined appropriate by the
Secretary, including by--
``(A) streamlining processes and reducing paperwork for
cross-agency interactions, such as acreage reports and
conservation compliance determinations; and
``(B) utilizing common acreage reporting processes to
collect relevant field-level data such that a producer--
``(i) has the option to report--
``(I) to any of those agencies; and
``(II) electronically; and
``(ii) does not need to report duplicative information; and
``(3) take advantage of new technologies to enhance the
efficiency and effectiveness of program delivery to
producers, including by--
``(A) providing an option, as practicable, for uploading
other farm- or field-level data that is unrelated to program
requirements, such as input costs or field characteristics,
such as soil test results;
``(B) maintaining historical information and allowing users
to examine trends on a field- or farm-level;
``(C) providing access to agency tools, such as farm- or
field-level estimates of benefits of existing or prospective
conservation practices;
``(D) developing data standards and security procedures to
allow optional precision agriculture or other third-party
providers to develop applications to use or feed into the
datasets and analysis; and
``(E) developing methods to summarize the improved yield or
reduced risk relating to conservation best practices through
cooperative extension services or other similar means, while
ensuring the privacy of individual producers.''; and
(2) by adding at the end the following:
``(e) Deobligation of Unliquidated Obligations.--
``(1) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Secretary under
this title on or after the date of enactment of the
Agriculture Improvement Act of 2018 that is not disbursed to
the recipient by the date that is 5 years after the date on
which the payment is obligated or otherwise made available
shall--
[[Page S4528]]
``(A) be deobligated; and
``(B) revert to the Treasury.
``(2) Outstanding payments.--
``(A) In general.--Subject to paragraph (3), any payment
obligated or otherwise made available by the Farm Service
Agency (or any predecessor agency of the Department of
Agriculture) under the laws described in subparagraph (B)
before the date of enactment of the Agriculture Improvement
Act of 2018, that is not disbursed by the date that is 5
years after the date on which the payment is obligated or
otherwise made available shall--
``(i) be deobligated; and
``(ii) revert to the Treasury.
``(B) Laws described.--The laws referred to in subparagraph
(A) are any of the following:
``(i) This title.
``(ii) Title I of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8702 et seq.).
``(iii) Title I of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 7901 et seq.).
``(iv) The Agricultural Market Transition Act (7 U.S.C.
7201 et seq.).
``(v) Titles I through XI of the Food, Agriculture,
Conservation, and Trade Act of 1990 (Public Law 101-624; 104
Stat. 3374) and the amendments made by those titles.
``(vi) Titles I through X of the Food Security Act of 1985
(Public Law 99-198; 99 Stat. 1362) and the amendments made by
those titles.
``(vii) Titles I through XI of the Agriculture and Food Act
of 1981 (Public Law 97-98; 95 Stat. 1218) and the amendments
made by those titles.
``(viii) Titles I through X of the Food and Agriculture Act
of 1977 (Public Law 95-113; 91 Stat. 917) and the amendments
made by those titles.
``(3) Waiver.--The Secretary may delay the date of the
deobligation and reversion under paragraph (1) or (2) of any
payment--
``(A) that is the subject of--
``(i) ongoing administrative review or appeal;
``(ii) litigation; or
``(iii) the settlement of an estate; or
``(B) for which the Secretary otherwise determines that the
circumstances are such that the delay is equitable.''.
SEC. 1704. DEFINITION OF SIGNIFICANT CONTRIBUTION OF ACTIVE
PERSONAL MANAGEMENT.
Section 1001(a) of the Food Security Act of 1985 (7 U.S.C.
1308(a)) is amended by adding at the end the following:
``(6) Significant contribution of active personal
management.--The term `significant contribution of active
personal management' means active personal management
activities performed by a person with a direct or indirect
ownership interest in the farming operation on a regular,
continuous, and substantial basis to the farming operation,
and that meet at least one of the following to be considered
significant:
``(A) Are performed for at least 25 percent of the total
management hours required for the farming operation on an
annual basis.
``(B) Are performed for at least 500 hours annually for the
farming operation.''.
SEC. 1705. ACTIVELY ENGAGED IN FARMING REQUIREMENT.
Section 1001A(b) of the Food Security Act of 1985 (7 U.S.C.
1308-1(b)) is amended by adding at the end the following:
``(3) Actively engaged in farming requirement.--
``(A) In general.--Notwithstanding any other provision of
this section, section 1001, and sections 1001B through 1001F,
and any regulations to implement those provisions or
sections, the Secretary shall consider not more than 1 person
or legal entity per farming operation to be actively engaged
in farming using active personal management.
``(B) Requirements.--The Secretary may only consider a
person or legal entity to be actively engaged in farming
using active personal management under subparagraph (A) if
the person or legal entity--
``(i) together with other persons or legal entities in the
farming operation qualifying as actively engaged in farming
under paragraph (2), does not collectively receive, directly
or indirectly, an amount equal to more than the limitation
under section 1001(b);
``(ii) does not use the active management contribution
allowed under this section to qualify as actively engaged in
farming in more than 1 farming operation; and
``(iii) manages a farming operation that does not
substantially share equipment, labor, or management with
persons or legal entities that, together with the person or
legal entity, collectively receive, directly or indirectly,
an amount equal to more than the limitation under section
1001(b).''.
SEC. 1706. ADJUSTED GROSS INCOME LIMITATION.
Section 1001D(b)(1) of the Food Security Act of 1985 (7
U.S.C. 1308-3a(b)(1)) is amended by striking ``$900,000'' and
inserting ``$700,000''.
SEC. 1707. BASE ACRES REVIEW.
(a) In General.--The Secretary shall review the
establishment, calculation, reallocation, adjustment, and
reduction of base acres under part II of subtitle A of title
I of the Agricultural Act of 2014 (7 U.S.C. 9011 et seq.).
(b) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the results of the review under
subsection (a).
SEC. 1708. FARM SERVICE AGENCY ACCOUNTABILITY.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in consultation with
the Inspector General of the Department of Agriculture, shall
establish policies, procedures, and plans to improve program
accountability and integrity through targeted and coordinated
activities, including utilizing data mining to identify and
reduce errors, waste, fraud, and abuse in programs
administered by the Farm Service Agency.
(b) Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter through fiscal
year 2023, the Secretary shall submit to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a
report describing a summary of--
(1) the existing efforts of the Department of Agriculture
to eliminate errors, waste, fraud, and abuse, including
efforts that involve coordination with other departments or
agencies;
(2) identified weaknesses or program integrity issues that
contribute to errors, waste, fraud, and abuse in Farm Service
Agency programs and plans for actions to be taken to address
and reduce those weaknesses or program integrity issues;
(3) the existing and planned data sampling and mining
activities of the Farm Service Agency;
(4) errors, waste, fraud, or abuse identified through
activities under subsection (a); and
(5) any plans for administrative actions or recommendations
for legislative changes relating to reducing errors, waste,
fraud, and abuse in programs of the Department of
Agriculture.
SEC. 1709. TECHNICAL CORRECTIONS.
(a) Section 1112(c)(2) of the Agricultural Act of 2014 (7
U.S.C. 9012(c)(2)) is amended by striking subparagraph (A)
and inserting the following:
``(A) Any acreage on the farm enrolled in--
``(i) the conservation reserve program established under
subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or
``(ii) a wetland reserve easement under section 1265C of
the Food Security Act of 1985 (16 U.S.C. 3865c).''.
(b) Section 1614(d) of the Agricultural Act of 2014 (7
U.S.C. 9097(d)) is amended--
(1) in paragraph (1), by striking ``pursuant 2 U.S.C.
901(a)'' and inserting ``pursuant to section 251(a) of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2
U.S.C. 901(a))''; and
(2) by striking ``subtitles B'' each place it appears and
inserting ``subtitle B''.
SEC. 1710. USE OF COMMODITY CREDIT CORPORATION.
(a) In General.--The Secretary shall use the funds,
facilities, and authorities of the Commodity Credit
Corporation to carry out this title and the amendments made
by this title.
(b) Implementation.--Of the funds of the Commodity Credit
Corporation, the Secretary shall make available to the
Administrator of the Farm Service Agency to carry out this
title and the amendments made by this title $100,000,000, to
remain available until expended.
TITLE II--CONSERVATION
Subtitle A--Conservation Reserve Program
SEC. 2101. EXTENSION AND ENROLLMENT REQUIREMENTS OF
CONSERVATION RESERVE PROGRAM.
Section 1231 of the Food Security Act of 1985 (16 U.S.C.
3831) is amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) in subsection (b)(1)--
(A) in subparagraph (A)(i), by striking ``or'' at the end
and inserting ``and''; and
(B) in subparagraph (B), by striking ``Agricultural Act of
2014'' and inserting ``Agriculture Improvement Act of 2018'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) each of fiscal years 2019 through 2023, not more than
25,000,000 acres.''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limitations'' and inserting
``limitation''; and
(II) by striking ``2018'' and inserting ``2023''; and
(ii) in subparagraph (B)--
(I) by striking ``may'' and inserting ``shall'';
(II) by striking ``land with expiring'' and inserting the
following: ``land, as determined by the Secretary--
``(i) with expiring'';
(III) in clause (i) (as so designated), by striking the
period at the end and inserting a semicolon; and
(IV) by adding at the end the following:
``(ii) at risk of conversion or development; or
``(iii) of ecological significance, including land that--
``(I) may assist in the restoration of threatened or
endangered species under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.);
[[Page S4529]]
``(II) may assist in preventing a species from being listed
as a threatened or endangered species under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.); or
``(III) improves or creates wildlife habitat corridors.'';
and
(iii) in subparagraph (C)--
(I) by striking ``the Secretary shall make'' and inserting
``the Secretary shall--
``(i) make'';
(II) in clause (i) (as so designated), by striking the
period at the end and inserting ``; and''; and
(III) by adding at the end the following:
``(ii) offer enrollment under subparagraph (A) during any
period that any other land may be enrolled in the
conservation reserve.''; and
(C) by adding at the end the following:
``(3) Additional enrollment procedure.--
``(A) Grasslands and continuous sign-up.--With respect to
enrollment in the conservation reserve program using
continuous sign-up under section 1234(d)(2)(A)(ii) or of
grassland described in subsection (b)(3), the Secretary shall
allow producers to submit applications for enrollment on a
continuous basis.
``(B) Annual enrollment.--Subject to the availability of
acreage for enrollment in the conservation reserve program
for a fiscal year in accordance with paragraph (1), the
Secretary shall enter into contracts under the conservation
reserve program for each fiscal year.
``(4) State acres for wildlife enhancement.--
``(A) In general.--For the purposes of applying the
limitations in paragraph (1), the Secretary shall give
priority to land--
``(i) enrolled in the conservation reserve program using
continuous sign-up under section 1234(d)(2)(A)(ii); and
``(ii) on which practices to maintain, enhance, or restore
wildlife habitat on land designated as a State acres for
wildlife enhancement area under subsection (j)(1) shall be
conducted.
``(B) Acreage.--Of the acres maintained in the conservation
reserve in accordance with paragraph (1), to the maximum
extent practicable, not less than 30 percent of acres
enrolled in the conservation reserve using continuous sign-up
under section 1234(d)(2)(A)(ii) shall be of land described in
subparagraph (A).
``(5) Enrollment of water quality practices to foster clean
lakes, estuaries, and rivers.--
``(A) In general.--For purposes of applying the limitation
in paragraph (1), the Secretary shall give priority to the
enrollment in the conservation reserve program under this
subchapter of land that, as determined by the Secretary--
``(i) will have a positive impact on water quality; and
``(ii)(I) will be devoted to--
``(aa) a grass sod waterway;
``(bb) a contour grass sod strip;
``(cc) a prairie strip;
``(dd) a filterstrip;
``(ee) a riparian buffer;
``(ff) a wetland or a wetland buffer;
``(gg) a saturated buffer;
``(hh) a bioreactor; or
``(ii) another similar water quality practice, as
determined by the Secretary; or
``(II) will be enrolled in the conservation reserve program
using continuous sign-up under section 1234(d)(2)(A)(ii).
``(B) Sediment and nutrient loadings.--In carrying out
subparagraph (A), the Secretary shall consider land that--
``(i) is located in a watershed impacted by sediment and
nutrient; and
``(ii) if enrolled, will reduce sediment loadings, nutrient
loadings, and harmful algal blooms, as determined by the
Secretary.
``(C) Acreage.--Of the acres maintained in the conservation
reserve in accordance with paragraph (1), to the maximum
extent practicable, not less than 40 percent of acres
enrolled in the conservation reserve using continuous sign-up
under section 1234(d)(2)(A)(ii) shall be of land described in
subparagraph (A).
``(D) Report.--The Secretary shall--
``(i) in the monthly publication of the Secretary
describing conservation reserve program statistics, include a
description of enrollments through the priority under this
paragraph; and
``(ii) publish on the website of the Farm Service Agency an
annual report describing a summary of, with respect to the
enrollment priority under this paragraph--
``(I) new enrollments;
``(II) expirations;
``(III) geographic distribution; and
``(IV) estimated water quality benefits.''; and
(4) by adding at the end the following:
``(j) State Acres for Wildlife Enhancement.--
``(1) In general.--A State or Indian Tribe, in consultation
with the applicable State technical committee established
under section 1261(a), may submit to the Secretary a request
to designate within the State or territory of the Indian
Tribe a State acres for wildlife enhancement area (referred
to in this subsection as a `SAFE area') in accordance with
this subsection.
``(2) Requests.--A request submitted under paragraph (1)
shall--
``(A) include a description of--
``(i) the specific wildlife species that would benefit from
the creation of the habitat;
``(ii) the number of acres requested for enrollment;
``(iii) the geographic area where the habitat would be
created; and
``(iv) the 1 or more specific practices to be conducted for
the benefit of the wildlife species described in clause (i);
``(B) be in accordance with State or national wildlife
habitat plans or goals; and
``(C) include a wildlife monitoring and evaluation plan.
``(3) Priority.--The Secretary may give priority to
requests submitted under paragraph (1)--
``(A) that cover an area--
``(i) on which the habitat for a particular species may be
declining or in danger of declining;
``(ii) the designation of which would help--
``(I) to prevent the listing of a species as a threatened
species or an endangered species under the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.); or
``(II) to remove a species from the list of threatened
species or endangered species under that Act;
``(iii) that is adjacent to other conservation land,
including to establish wildlife corridors and large blocks of
conservation land; or
``(iv) that provides economic or social value to the local
community for outdoor recreation activities; or
``(B) that include a commitment of funds from which to pay
for incentive payments to an agricultural producer that
enrolls land in the conservation reserve program within a
SAFE area.
``(4) Regional balance.--To the maximum extent practicable,
the Secretary shall maintain a regional balance in the
designation of SAFE areas.
``(5) Report.--The Secretary shall--
``(A) in the monthly publication of the Secretary
describing conservation reserve program statistics, include a
description of enrollments in SAFE areas; and
``(B) publish on the website of the Farm Service Agency an
annual report describing a summary of, with respect to SAFE
areas--
``(i) new enrollments;
``(ii) expirations;
``(iii) geographic distribution; and
``(iv) estimated wildlife benefits.''.
SEC. 2102. FARMABLE WETLAND PROGRAM.
Section 1231B(a)(1) of the Food Security Act of 1985 (16
U.S.C. 3831b(a)(1)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 2103. DUTIES OF THE SECRETARY.
(a) Cost-Share and Rental Payments.--Section 1233(a)(1) of
the Food Security Act of 1985 (16 U.S.C. 3833(a)(1)) is
amended by inserting ``, including the cost of fencing and
other water distribution practices, if applicable'' after
``interest''.
(b) Specified Activities Permitted.--Section 1233(b) of the
Food Security Act of 1985 (16 U.S.C. 3833(b)) is amended by
striking paragraph (1) and inserting the following:
``(1) harvesting, grazing, or other commercial use of the
forage, without any reduction in the rental rate, in response
to--
``(A) drought;
``(B) flooding;
``(C) a state of emergency caused by drought or wildfire
that--
``(i) is declared by the Governor, in consultation with the
State Committee of the Farm Service Agency, of the State in
which the land that is subject to a contract under the
conservation reserve program is located;
``(ii) covers any part of the State or the entire State;
and
``(iii) the Secretary does not object to the declaration
under clause (i) by not later than 5 business days after the
date of declaration; or
``(D) other emergency;''.
(c) Harvesting and Grazing.--Section 1233 of the Food
Security Act of 1985 (16 U.S.C. 3833) is amended by adding at
the end the following:
``(e) Harvesting and Grazing.--
``(1) In general.--The Secretary may permit harvesting and
grazing in accordance with paragraphs (2) through (5) of
subsection (b) on any land subject to a contract under the
conservation reserve program.
``(2) Exception.--The Secretary, in coordination with the
applicable State technical committee established under
section 1261(a), may determine for any year that harvesting
or grazing described in paragraph (1) shall not be permitted
on land subject to a contract under the conservation reserve
program in a particular county if harvesting or grazing for
that year would cause long-term damage to vegetative cover on
that land.''.
SEC. 2104. PAYMENTS.
Section 1234 of the Food Security Act of 1985 (16 U.S.C.
3834) is amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by inserting before subparagraph (A) (as so
redesignated) the following:
``(1) Signing and practice incentive payments.--
``(A) In general.--In the case of a continuous enrollment
contract, the Secretary may make an incentive payment to an
owner or operator of eligible land in an amount sufficient to
encourage participation in the program established under this
subchapter.
``(B) Limitation on making payments.--The Secretary may
only make an incentive payment under subparagraph (A) if the
national average market price received by producers during
the previous 12-month marketing year for major covered
commodities is greater than the national average market
[[Page S4530]]
price received by producers during the most recent 10
marketing years for major covered commodities.
``(2) Tree thinning and other practices.
--''; and
(C) in paragraph (2)(B) (as so designated), by striking
``paragraph (1)'' and inserting ``subparagraph (A)'';
(2) in subsection (d)--
(A) in paragraph (3)(A)--
(i) by striking ``Secretary may'' and inserting the
following: ``Secretary--
``(i) may'';
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) shall prioritize the enrollment of marginal and
environmentally sensitive land that is the subject of the
contract offer.''; and
(B) in paragraph (5)--
(i) in subparagraph (A), by striking ``other'' before
``year,'';
(ii) in subparagraph (C)--
(I) by striking ``The Secretary may use'' and inserting
``Subject to paragraph (3)(A)(ii), with respect to''; and
(II) by striking ``rental rates'' the first place it
appears and inserting the following: ``rental rates, the
Secretary--
``(i) shall apply the limitation described in subsection
(g)(1); and
``(ii) may use the estimates''; and
(iii) by adding at the end the following:
``(D) Rental rate limitation.--Except in the case of an
incentive payment under subsection (c), a payment under this
subchapter shall not exceed 88.5 percent of the estimated
rental rate determined under subparagraph (A).''; and
(3) in subsection (g)--
(A) in paragraph (1), by striking ``The total'' and
inserting ``Except as provided in paragraph (2), the total'';
and
(B) by striking paragraph (2) and inserting the following:
``(2) Wellhead protection.--Paragraph (1) and section
1001D(b) shall not apply to rental payments received by a
rural water district or association for land that is enrolled
under this subchapter for the purpose of protecting a
wellhead.''.
SEC. 2105. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
(a) In General.--Subchapter B of chapter 1 of subtitle D of
title XII of the Food Security Act of 1985 is amended by
inserting after section 1231 (16 U.S.C. 3831) the following:
``SEC. 1231A. CONSERVATION RESERVE ENHANCEMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible land.--The term `eligible land' means land
that is eligible to be included in the program established
under this subchapter.
``(2) Eligible partner.--The term `eligible partner'
means--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304));
``(D) a nongovernmental organization;
``(E) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(F) a State cooperative extension service;
``(G) a research institute; and
``(H) any other entity, as determined appropriate by the
Secretary.
``(3) Management.--The term `management' means an activity
conducted by an owner or operator under a contract entered
into under this subchapter after the establishment of a
conservation practice on eligible land, to regularly maintain
or enhance the vegetative cover established by the
conservation practice--
``(A) throughout the term of the contract; and
``(B) consistent with the conservation plan that covers the
eligible land.
``(4) Program.--The term `program' means a conservation
reserve enhancement program carried out under an agreement
under subsection (b)(1).
``(b) Agreements.--
``(1) In general.--The Secretary may enter into an
agreement with an eligible partner to carry out a
conservation reserve enhancement program--
``(A) to assist in enrolling eligible land in the program
established under this subchapter; and
``(B) that the Secretary determines will advance the
purposes of this subchapter.
``(2) Contents.--An agreement entered into under paragraph
(1) shall--
``(A) describe--
``(i) 1 or more specific State or nationally significant
conservation concerns to be addressed by the agreement;
``(ii) quantifiable environmental goals for addressing the
concerns under clause (i);
``(iii) a suitable acreage goal for enrollment of eligible
land under the agreement, as determined by the Secretary;
``(iv) the location of eligible land to be enrolled in the
project area identified under the agreement;
``(v) the payments to be offered by the Secretary and
eligible partner to an owner or operator; and
``(vi) an appropriate list of conservation reserve program
conservation practice standards, including any modifications
to the practice standards, that are appropriate to meeting
the concerns described under clause (i), as determined by the
Secretary in consultation with eligible partners; and
``(B) require the eligible partner to provide funds.
``(3) Effect on existing agreements.--
``(A) In general.--Subject to subparagraph (B), an
agreement under this subsection shall not affect, modify, or
interfere with existing agreements under this subchapter.
``(B) Modification of existing agreements.--To implement
this section, the signatories to an agreement under this
subsection may mutually agree to a modification of an
agreement entered into before the date of enactment of this
section under the Conservation Reserve Enhancement Program
established by the Secretary under this subchapter.
``(c) Payments.--
``(1) Funding requirement.--Funds provided by an eligible
partner may be in cash, in-kind contributions, or technical
assistance.
``(2) Marginal pastureland cost-share payments.--The
Secretary shall ensure that cost-share payments to an owner
or operator to install stream fencing, crossings, and
alternative water development on marginal pastureland under a
program reflect the fair market value of the cost of
installation.
``(3) Cost-share and practice incentive payments.--
``(A) In general.--On request of an owner or operator, the
Secretary shall provide cost-share payments when a major
conservation practice component is completed under a program,
as determined by the Secretary.
``(B) Assignment to eligible partner.--An owner or operator
may assign cost-share and practice incentive payments to an
eligible partner if the eligible partner installs the
conservation practice or conducts the ongoing management of
the conservation practice on behalf of the owner or operator.
``(4) Riparian buffer management payments.--
``(A) In general.--In the case of an agreement under
subsection (b)(1) that includes riparian buffers as an
eligible practice, the Secretary shall make cost-share
payments to encourage the regular management of the riparian
buffer throughout the term of the agreement, consistent with
the conservation plan that covers the eligible land.
``(B) Limitation.--The amount of payments received by an
owner or operator under subparagraph (A) shall not be greater
than 100 percent of the normal and customary projected
management cost, as determined by the Secretary, in
consultation with the applicable State technical committee
established under section 1261(a).
``(d) Forested Riparian Buffer Practice.--
``(1) Food-producing woody plants.--In the case of an
agreement under subsection (b)(1) that includes forested
riparian buffers as an eligible practice, the Secretary shall
allow an owner or operator--
``(A) to plant food-producing woody plants in the forested
riparian buffers, on the conditions that--
``(i) the plants shall contribute to the conservation of
soil, water quality, and wildlife habitat; and
``(ii) the planting shall be consistent with--
``(I) recommendations of the applicable State technical
committee established under section 1261(a); and
``(II) technical guide standards of the applicable field
office of the Natural Resources Conservation Service; and
``(B) to harvest from plants described in subparagraph (A),
on the conditions that--
``(i) the harvesting shall not damage the conserving cover
or otherwise have a negative impact on the conservation
concerns targeted by the program; and
``(ii) only native plant species appropriate to the region
shall be used within 35 feet of the watercourse.
``(2) Technical assistance.--For the purpose of enrolling
forested riparian buffers in a program, the Administrator of
the Farm Service Agency, in consultation with the Chief of
the Forest Service--
``(A) shall provide funds for technical assistance directly
to a State forestry agency; and
``(B) is encouraged to partner with a nongovernmental
organization--
``(i) to make recommendations for conservation practices
under the program;
``(ii) to provide technical assistance necessary to carry
out the conservation practices recommended under clause (i);
and
``(iii) to implement riparian buffers by--
``(I) pooling and submitting applications on behalf of
owners and operators in a specific watershed; and
``(II) carrying out management activities for the duration
of the program.
``(e) Acreage.--Of the acres of land maintained in the
conservation reserve in accordance with section 1231(d)(1),
to the maximum extent practicable, not less than 20 percent
of the acres enrolled in the conservation reserve program
using continuous sign-up under section 1234(d)(2)(A)(ii)
shall be enrolled under an agreement under subsection (b)(1).
``(f) Status Report.--Not later than 180 days after the end
of each fiscal year, the Secretary shall submit to Congress a
report that describes, with respect to each agreement entered
into under subsection (b)(1)--
``(1) the status of the agreement;
``(2) the purposes and objectives of the agreement;
``(3) the Federal and eligible partner commitments made
under the agreement; and
``(4) the progress made in fulfilling those commitments.''.
[[Page S4531]]
(b) Conforming Amendments.--
(1) Section 1240R(c)(3) of the Food Security Act of 1985
(16 U.S.C. 3839bb-5(c)(3)) is amended by striking ``a special
conservation reserve enhancement program described in section
1234(f)(4)'' and inserting ``the Conservation Reserve
Enhancement Program under section 1231A''.
(2) Section 1244(f)(3) of the Food Security Act of 1985 (16
U.S.C. 3844(f)(3)) is amended by striking ``subsection
(d)(2)(A)(ii) or (g)(2) of section 1234'' and inserting
``section 1231A or 1234(d)(2)(A)(ii)''.
SEC. 2106. CONTRACTS.
(a) In General.--Section 1235 of the Food Security Act of
1985 (16 U.S.C. 3835) is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (f) through (h) as
subsections (e) through (g), respectively;
(3) in subsection (e) (as so redesignated)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``retired farmer or rancher'' and inserting ``contract
holder'';
(ii) by striking ``retired or retiring owner or operator''
each place it appears and inserting ``contract holder'';
(iii) in subparagraph (A), in the matter preceding clause
(i), by striking ``1 year'' and inserting ``2 years'';
(iv) in subparagraph (B), by inserting ``purchase,
including a lease with a term of less than 5 years and an
option to'' before ``purchase)'';
(v) in subparagraph (D), by striking ``and'' at the end;
(vi) by redesignating subparagraph (E) as subparagraph (F);
and
(vii) by inserting after subparagraph (D) the following:
``(E) give priority to the enrollment of the land in--
``(i) the conservation stewardship program established
under subchapter B of chapter 2;
``(ii) the environmental quality incentives program
established under chapter 4; or
``(iii) the agricultural conservation easement program
established under subtitle H; and''; and
(B) in paragraph (2)(A), by striking ``under the'' and
inserting the following: ``under--
``(i) the conservation reserve program for grasslands
described in section 1231(b)(3); or
``(ii) the''; and
(4) by adding at the end the following:
``(h) Owner or Operator Election Relating to Conservation
Reserve Easements.--
``(1) Definition of covered contract.--In this subsection,
the term `covered contract' means a contract entered into
under this subchapter--
``(A) during the period beginning on the date of enactment
of this subsection and ending on September 30, 2023; and
``(B) that covers land enrolled in the conservation reserve
program--
``(i) under the clean lakes, estuaries, and rivers priority
described in section 1231(d)(5); or
``(ii) that is located in a State acres for wildlife
enhancement area under section 1231(j).
``(2) Election.--On the expiration of a covered contract,
an owner or operator party to the covered contract shall
elect--
``(A) not to reenroll the land under the contract;
``(B) to reenroll the land under the contract, on the
conditions that--
``(i) the annual rental payment shall be decreased by 40
percent; and
``(ii) no incentive payments shall be provided under the
contract; or
``(C) not to reenroll the land under the contract and to
enroll the land under the contract in a conservation reserve
easement under section 1231C.
``(3) Exception.--On the expiration of a covered contract,
if land enrolled in the conservation reserve program under
that contract is determined by the Secretary to not be
suitable for permanent protection through a conservation
reserve easement under section 1231C, notwithstanding
paragraph (2)(B), the Secretary shall allow the land to be
reenrolled under the terms of the conservation reserve
program in effect on the date of expiration.''.
(b) Conforming Amendment.--Section 1241(a)(1)(B) of the
Food Security Act of 1985 (16 U.S.C. 3841(a)(1)(B)) is
amended by striking ``1235(f)'' and inserting ``1235(e)''.
SEC. 2107. CONSERVATION RESERVE EASEMENTS.
Subchapter B of chapter 1 of subtitle D of title XII of the
Food Security Act of 1985 is amended by inserting after
section 1231B (16 U.S.C. 3831b) the following:
``SEC. 1231C. CONSERVATION RESERVE EASEMENTS.
``(a) In General.--
``(1) Enrollment.--The Secretary shall offer to enroll land
in the conservation reserve program through a conservation
reserve easement in accordance with this section.
``(2) Exclusion of acreage limitation.--For purposes of
applying the limitations in section 1231(d)(1), the Secretary
shall not count acres of land enrolled under this section.
``(b) Eligible Land.--Only land subject to an expired
covered contract (as defined in section 1235(h)(1)) shall be
eligible for enrollment through a conservation reserve
easement under this section.
``(c) Term.--The term of a conservation reserve easement
shall be--
``(1) permanent; or
``(2) the maximum period allowed by State law.
``(d) Agreements.--To be eligible to enroll land in the
conservation reserve program through a conservation reserve
easement, the owner of the land shall enter into an agreement
with the Secretary--
``(1) to grant an easement on the land to the Secretary;
``(2) to implement a conservation reserve easement plan
developed for the land under subsection (h)(1);
``(3) to create and record an appropriate deed restriction
in accordance with applicable State law to reflect the
easement;
``(4) to provide a written statement of consent to the
easement signed by any person holding a security interest in
the land;
``(5) to comply with the terms and conditions of the
easement and any related agreements; and
``(6) to permanently retire any existing base history for
the land covered by the easement.
``(e) Terms and Conditions of Easements.--
``(1) In general.--A conservation reserve easement shall
include terms and conditions that--
``(A) permit--
``(i) repairs, improvements, and inspections on the land
that are necessary to maintain existing public drainage
systems; and
``(ii) owners to control public access on the land while
identifying access routes to be used for restoration
activities and management and easement monitoring;
``(B) prohibit--
``(i) the alteration of wildlife habitat and other natural
features of the land, unless specifically authorized by the
Secretary as part of the conservation reserve easement plan;
``(ii) the spraying of the land with chemicals or the
mowing of the land, except where the spraying or mowing is
authorized by the Secretary or is necessary--
``(I) to comply with Federal or State noxious weed control
laws;
``(II) to comply with a Federal or State emergency pest
treatment program; or
``(III) to meet habitat needs of specific wildlife species;
``(iii) any activity to be carried out on the land of the
owner or successor that is immediately adjacent to, and
functionally related to, the land that is subject to the
easement if the activity will alter, degrade, or otherwise
diminish the functional value of the land; and
``(iv) the adoption of any other practice that would tend
to defeat the purposes of the conservation reserve program,
as determined by the Secretary; and
``(C) include any additional provision that the Secretary
determines is appropriate to carry out this section or
facilitate the practical administration of this section.
``(2) Violation.--On the violation of a term or condition
of a conservation reserve easement--
``(A) the conservation reserve easement shall remain in
force; and
``(B) the Secretary may require the owner to refund all or
part of any payments received by the owner under the program,
with interest on the payments, as determined appropriate by
the Secretary.
``(3) Compatible uses.--Land subject to a conservation
reserve easement may be used for compatible economic uses,
including hunting and fishing, managed timber harvest, or
periodic haying or grazing, if the use--
``(A) is specifically permitted by the conservation reserve
easement plan developed for the land; and
``(B) is consistent with the long-term protection and
enhancement of the conservation resources for which the
easement was established.
``(f) Compensation.--
``(1) Determination.--
``(A) Permanent easements.--The Secretary shall pay as
compensation for a permanent conservation reserve easement
acquired under this section an amount necessary to encourage
enrollment of land in such a conservation reserve easement,
based on the lowest of--
``(i) the fair market value of the land, as determined by
the Secretary, using the Uniform Standards of Professional
Appraisal Practice or an areawide market analysis or survey;
``(ii) the amount corresponding to a geographical
limitation, as determined by the Secretary in regulations
prescribed by the Secretary; or
``(iii) the offer made by the landowner.
``(B) Other.--Compensation for a conservation reserve
easement that is not permanent due to a restriction in
applicable State law shall be not less than 50 percent, but
not more than 75 percent, of the compensation that would be
paid for a permanent conservation reserve easement.
``(2) Form of payment.--Compensation for a conservation
reserve easement shall be provided by the Secretary in the
form of a cash payment, in an amount determined under
paragraph (1).
``(3) Payments.--The Secretary may provide payment under
this paragraph to a landowner using--
``(A) 10 annual payments; or
``(B) 1 payment.
``(4) Timing.--The Secretary shall provide any annual
easement payment obligation under paragraph (3)(A) as early
as practicable in each fiscal year.
``(5) Payments to others.--The Secretary shall make a
payment, in accordance with
[[Page S4532]]
regulations prescribed by the Secretary, in a manner as the
Secretary determines is fair and reasonable under the
circumstances, if an owner who is entitled to a payment under
this section--
``(A) dies;
``(B) becomes incompetent;
``(C) is succeeded by another person or entity who renders
or completes the required performance; or
``(D) is otherwise unable to receive the payment.
``(g) Technical Assistance.--
``(1) In general.--The Secretary shall assist owners in
complying with the terms and conditions of a conservation
reserve easement.
``(2) Contracts or agreements.--The Secretary may enter
into 1 or more contracts with private entities or agreements
with a State, nongovernmental organization, or Indian Tribe
to carry out necessary maintenance of a conservation reserve
easement if the Secretary determines that the contract or
agreement will advance the purposes of the conservation
reserve program.
``(h) Administration.--
``(1) Conservation reserve easement plan.--The Secretary
shall develop a conservation reserve easement plan for any
land subject to a conservation reserve easement, which shall
include practices and activities necessary to maintain,
protect, and enhance the conservation value of the enrolled
land.
``(2) Delegation of easement administration.--
``(A) Federal, state, or local government agencies.--The
Secretary may delegate any of the management, monitoring, and
enforcement responsibilities of the Secretary under this
section to other Federal, State, or local government agencies
that have the appropriate authority, expertise, and resources
necessary to carry out those delegated responsibilities.
``(B) Conservation organizations.--The Secretary may
delegate any management responsibilities of the Secretary
under this section to conservation organizations if the
Secretary determines the conservation organization has
similar expertise and resources.''.
SEC. 2108. ELIGIBLE LAND; STATE LAW REQUIREMENTS.
The Secretary shall revise paragraph (4) of section
1410.6(d) of title 7, Code of Federal Regulations, to provide
that land shall not be ineligible for enrollment in the
conservation reserve program established under subchapter B
of chapter 1 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.) under that paragraph if
the Deputy Administrator (as defined in section 1410.2(b) of
title 7, Code of Federal Regulations (or successor
regulations)), in consultation with the applicable State
technical committee established under section 1261(a) of the
Food Security Act of 1985 (16 U.S.C. 3861(a)) determines,
under such terms and conditions as the Deputy Administrator,
in consultation with the State technical committee,
determines to be appropriate, that making that land eligible
for enrollment in that program is in the best interests of
that program.
Subtitle B--Conservation Stewardship Program
SEC. 2201. DEFINITIONS.
Section 1238D of the Food Security Act of 1985 (16 U.S.C.
3838d) is amended--
(1) in paragraph (2)(B)--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(iii) development of a comprehensive conservation plan,
as defined in section 1238G(f)(1);
``(iv) soil health planning, including planning to increase
soil organic matter; and
``(v) activities that will assist a producer to adapt to,
or mitigate against, increasing weather volatility.''; and
(2) in paragraph (7), by striking the period at the end and
inserting the following: ``through the use of--
``(A) quality criteria under a resource management system;
``(B) predictive analytics tools or models developed or
approved by the Natural Resources Conservation Service;
``(C) data from past and current enrollment in the program;
and
``(D) other methods that measure conservation and
improvement in priority resource concerns, as determined by
the Secretary.''.
SEC. 2202. ESTABLISHMENT.
(a) Extension.--Section 1238E(a) of the Food Security Act
of 1985 (16 U.S.C. 3838e(a)) is amended in the matter
preceding paragraph (1) by striking ``2018'' and inserting
``2023''.
(b) Exclusions.--Section 1238E(b)(2) of the Food Security
Act of 1985 (16 U.S.C. 3838e(b)(2)) is amended in the matter
preceding paragraph (1) by striking ``the Agricultural Act of
2014'' and inserting ``the Agriculture Improvement Act of
2018''.
SEC. 2203. STEWARDSHIP CONTRACTS.
Section 1238F of the Food Security Act of 1985 (16 U.S.C.
3838f) is amended--
(1) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1) Ranking of applications.--
``(A) In general.--In evaluating contract offers submitted
under subsection (a), the Secretary shall rank applications
based on--
``(i) the natural resource conservation and environmental
benefits that result from the conservation treatment on all
applicable priority resource concerns at the time of
submission of the application;
``(ii) the degree to which the proposed conservation
activities increase natural resource conservation and
environmental benefits; and
``(iii) other consistent criteria, as determined by the
Secretary.
``(B) Additional criterion.--If 2 or more applications
receive the same ranking under subparagraph (A), the
Secretary shall rank those contracts based on the extent to
which the actual and anticipated conservation benefits from
each contract are provided at the lowest cost relative to
other similarly beneficial contract offers.''; and
(2) in subsection (e)--
(A) in paragraph (2)--
(i) by inserting ``new or improved'' after ``integrate'';
and
(ii) by inserting ``demonstrating continued improvement
during the additional 5-year period,'' after ``operation,'';
and
(B) in paragraph (3)(B), by striking ``to exceed the
stewardship threshold of'' and inserting ``to adopt or
improve conservation activities, as determined by the
Secretary, to achieve higher levels of performance with
respect to not less than''.
SEC. 2204. DUTIES OF SECRETARY.
Section 1238G of the Food Security Act of 1985 (16 U.S.C.
3838g) is amended--
(1) in subsection (c)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Agricultural Act of 2014, and ending on
September 30, 2022'' and inserting ``Agriculture Improvement
Act of 2018, and ending on September 30, 2028''; and
(ii) by striking ``, to the maximum extent practicable'';
(B) in paragraph (1)--
(i) by inserting ``to the maximum extent practicable,''
before ``enroll''; and
(ii) by striking ``10,000,000'' and inserting
``8,797,000''; and
(C) in paragraph (2)--
(i) by inserting ``notwithstanding any other provision of
this subchapter,'' before ``manage''; and
(ii) by striking ``all financial'' and all that follows
through the period at the end and inserting the following:
``all--
``(A) financial assistance, including payments made under
subsections (d)(5), (e), and (f);
``(B) technical assistance; and
``(C) any other expenses associated with enrollment or
participation in the program.'';
(2) in subsection (d), by adding at the end the following:
``(5) Payment for cover crop activities.--Subject to the
restriction under subsection (c)(2), the amount of a payment
under this subsection for cover crop activities shall be not
less than 125 percent of the annual payment amount determined
by the Secretary under paragraph (2).'';
(3) in subsection (e)--
(A) in the subsection heading, by inserting ``and Advanced
Grazing Management'' after ``Rotations'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (1) and (4) as paragraphs
(2) and (1), respectively, and moving the paragraphs so as to
appear in numerical order;
(D) in paragraph (1) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (D) and (E)
as clauses (i) through (iv) and (vi), respectively, and
indenting appropriately;
(ii) by striking the paragraph designation and all that
follows through ``the term'' in the matter preceding clause
(i) (as so redesignated) and inserting the following:
``(1) Definitions.--In this subsection:
``(A) Advanced grazing management.--The term `advanced
grazing management' means the use of a combination of grazing
practices (as determined by the Secretary), which may include
management-intensive rotational grazing, that provide for--
``(i) improved soil health and carbon sequestration;
``(ii) drought resilience;
``(iii) wildlife habitat;
``(iv) wildfire mitigation;
``(v) control of invasive plants; and
``(vi) water quality improvement.
``(B) Management-intensive rotational grazing.--The term
`management-intensive rotational grazing' means a strategic,
adaptively managed multipasture grazing system in which
animals are regularly and systematically moved to fresh
pasture in a manner that--
``(i) maximizes the quantity and quality of forage growth;
``(ii) improves manure distribution and nutrient cycling;
``(iii) increases carbon sequestration from greater forage
harvest;
``(iv) improves the quality and quantity of cover for
wildlife;
``(v) provides permanent cover to protect the soil from
erosion; and
``(vi) improves water quality.
``(C) Resource-conserving crop rotation.--The term''; and
(iii) in subparagraph (C) (as so designated)--
(I) in clause (iv) (as so redesignated), by striking
``and'' at the end; and
(II) by inserting after clause (iv) (as so redesignated)
the following:
``(v) builds soil organic matter; and'';
(E) in paragraph (2) (as so redesignated), by striking
``improve resource-conserving'' and all that follows through
the period at the
[[Page S4533]]
end and inserting the following: ``improve, manage, and
maintain--
``(A) resource-conserving crop rotations; or
``(B) advanced grazing management.'';
(F) in paragraph (3)--
(i) by striking ``paragraph (1)'' and inserting ``paragraph
(2)''; and
(ii) by striking ``and maintain'' and all that follows
through the period at the end and inserting ``or improve,
manage, and maintain resource-conserving crop rotations or
advanced grazing management for the term of the contract.'';
and
(G) by adding at the end the following:
``(4) Amount of payment.--Subject to the restriction under
subsection (c)(2), an additional payment provided under
paragraph (2) shall be not less than 150 percent of the
annual payment amount determined by the Secretary under
subsection (d)(2).'';
(4) by redesignating subsections (f) through (i) as
subsections (g) through (j), respectively;
(5) by inserting after subsection (e) the following:
``(f) Payment for Comprehensive Conservation Plan.--
``(1) Definition of comprehensive conservation plan.--In
this subsection, the term `comprehensive conservation plan'
means a conservation plan that meets or exceeds the
stewardship threshold for each priority resource concern
identified by the Secretary under subsection (a)(2).
``(2) Payment for comprehensive conservation plan.--Subject
to the restriction under subsection (c)(2), the Secretary
shall provide a 1-time payment to a producer that develops
and implements a comprehensive conservation plan.
``(3) Amount of payment.--The Secretary shall determine the
amount of payment under paragraph (2) based on--
``(A) the number of priority resource concerns addressed in
the comprehensive conservation plan; and
``(B) the number of types of land uses included in the
comprehensive conservation plan.'';
(6) in subsection (g) (as so redesignated)--
(A) by striking ``2014 through 2018'' and inserting ``2019
through 2023''; and
(B) by inserting ``or acequias'' after ``Indian tribes'';
and
(7) in subsection (i) (as so redesignated)--
(A) by striking the subsection designation and heading and
all that follows through ``The Secretary'' and inserting the
following:
``(i) Organic Certification.--
``(1) Coordination.--The Secretary''; and
(B) by adding at the end the following:
``(2) Allocation.--
``(A) In general.--Using funds made available for the
program for each of fiscal years 2019 through 2023, the
Secretary shall allocate funding to States to support organic
production and transition to organic production through
paragraph (1).
``(B) Determination.--The Secretary shall determine the
allocation to a State under subparagraph (A) based on--
``(i) the certified and transitioning organic operations of
the State; and
``(ii) the organic acreage of the State.'';
(8) in subsection (j) (as so redesignated), by striking
``subsection (f)'' and inserting ``subsection (g)''; and
(9) by adding at the end the following:
``(k) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall provide for streamlined and
coordinated procedures for the program and the environmental
quality incentives program under chapter 4, including
applications, contracting, conservation planning,
conservation practices, and related administrative
procedures.
``(l) Soil Health.--To the maximum extent feasible, the
Secretary shall manage the program to enhance soil health.
``(m) Annual Report.--Each fiscal year, the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing--
``(1) the national average rate of funding per acre for the
program for that fiscal year, including a description of
whether the program is managed in accordance with the
restriction under subsection (c)(2); and
``(2) the payment rates for conservation activities offered
to producers under the program and an analysis of whether
payment rates can be reduced for the most expensive
conservation activities.''.
Subtitle C--Environmental Quality Incentives Program
SEC. 2301. PURPOSES.
Section 1240 of the Food Security Act of 1985 (16 U.S.C.
3839aa) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(D) adapting to, and mitigating against, increasing
weather volatility; and''; and
(2) in paragraph (4)--
(A) by striking ``to make beneficial, cost effective
changes to production systems (including conservation
practices related to organic production)'' and inserting ``to
address identified, new, or expected resource concerns
associated with changes to production systems, including
conservation practices related to organic production''; and
(B) by striking ``livestock, pest or irrigation
management'' and inserting ``crops and livestock, pest
management, irrigation management, drought resiliency
measures''.
SEC. 2302. DEFINITIONS.
Section 1240A of the Food Security Act of 1985 (16 U.S.C.
3839aa-1) is amended--
(1) by redesignating paragraphs (1) through (4) and (5) as
paragraphs (2) through (5) and (7), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Conservation planning survey.--The term `conservation
planning survey' means a plan that--
``(A) is developed by--
``(i) a State or unit of local government (including a
conservation district);
``(ii) a Federal agency; or
``(iii) a third-party provider certified under section
1242(e) (including a certified rangeland professional);
``(B) assesses rangeland or cropland function and describes
conservation activities to enhance the economic and
ecological management of that land;
``(C) can be incorporated into a comprehensive planning
document required by the Secretary for enrollment in a
conservation program of the Department of Agriculture; and
``(D) provides recommendations for enrollment in the
program or other conservation programs of the Department of
Agriculture.'';
(3) in paragraph (2) (as so redesignated), in subparagraph
(B)--
(A) by redesignating clause (vi) as clause (vii);
(B) by inserting after clause (v) the following:
``(vi) Land that facilitates the avoidance of crossing an
environmentally sensitive area, as determined by the
Secretary.''; and
(C) in clause (vii) (as so redesignated), by inserting
``identified or expected'' before ``resource concerns'';
(4) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A)--
(i) in clause (iv), by striking ``and'' at the end;
(ii) by redesignating clause (v) as clause (vii); and
(iii) by inserting after clause (iv) the following:
``(v) soil tests for--
``(I) heavy metals, volatile organic compounds, polycyclic
aromatic hydrocarbons, and other contaminants; and
``(II) biological and physical soil health;
``(vi) scientifically based soil remediation practices to
be carried out by the producer, as determined by the
Secretary; and''; and
(B) in subparagraph (B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) by redesignating clause (ii) as clause (v); and
(iii) by inserting after clause (i) the following:
``(ii) resource-conserving crop rotation planning;
``(iii) soil health planning, including planning to
increase soil organic matter;
``(iv) a conservation planning survey; and''; and
(5) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Producer.--The term `producer' includes an
acequia.''.
SEC. 2303. ESTABLISHMENT AND ADMINISTRATION.
Section 1240B of the Food Security Act of 1985 (16 U.S.C.
3839aa-2) is amended--
(1) in subsection (a), by striking ``2019'' and inserting
``2023'';
(2) in subsection (b)(2)--
(A) by striking ``A contract'' and inserting the following:
``(A) In general.--A contract''; and
(B) by adding at the end the following:
``(B) Wildlife practices.--
``(i) In general.--In the case of a contract under the
program entered into solely for the establishment of 1 or
more annual management practices for the benefit of wildlife,
notwithstanding any maximum contract term established by the
Secretary, the contract shall have a term that does not
exceed 10 years.
``(ii) Inclusions.--A contract under the program may
include a practice that provides incentives to producers to--
``(I) carry out postharvest flooding to provide seasonal
wetland habitat for waterfowl and migratory birds during the
fall and winter months; and
``(II) maintain the hydrology of temporary and seasonal
wetlands of not more than 2 acres in order to maintain
waterfowl and migratory bird habitat on working cropland.'';
(3) in subsection (d)--
(A) in paragraph (4)(B)--
(i) in clause (i)--
(I) by striking ``Not more than'' and inserting ``The
Secretary shall provide at least'';
(II) by striking ``may be provided''; and
(III) by striking ``the purpose of'' and inserting ``all
costs related to'';
(ii) in clause (ii), by striking ``90-day'' and inserting
``180-day''; and
(iii) by adding at the end the following:
``(iii) Option to opt out.--A producer described in
subparagraph (A) shall be given the opportunity to opt out of
the advance payments under clause (i).''; and
(B) by adding at the end the following:
``(7) Review and guidance for cost share rates.--
``(A) In general.--Not later than 365 days after the date
of enactment of this paragraph, the Secretary shall--
``(i) review the cost share rates of payments made to
producers for practices on eligible land under this section;
and
``(ii) evaluate whether those rates are the least costly
rates of payment that--
[[Page S4534]]
``(I) encourage participation in the program; and
``(II) encourage implementation of the most effective
practices to address local natural resource concerns on
eligible land.
``(B) Guidance.--
``(i) In general.--The Secretary shall issue guidance to
States to consider the use of the least costly rate of
payment to producers for practices.
``(ii) Considerations.--In determining the least costly
rate of payment to producers under clause (i), the Secretary
shall consider the rate of payment that--
``(I) encourages participation in the program; and
``(II) most effectively addresses local natural resource
concerns on eligible land.
``(8) Review of conservation practice standards.--
``(A) Review.--Not later than 365 days after the date of
enactment of this paragraph, the Secretary shall review
conservation practice standards under the program to evaluate
opportunities to increase flexibility within conservation
practice standards while ensuring equivalent natural resource
benefits.
``(B) Guidance.--If the Secretary identifies under
subparagraph (A) a conservation practice standard that can be
modified to provide more flexibility without compromising
natural resource benefits, the Secretary shall issue guidance
for revising the applicable conservation practice standard.
``(9) Increased payments for high-priority practices.--
``(A) State determination.--Each State, in consultation
with the State technical committee established under section
1261(a) for the State, may designate 10 practices to be
eligible for increased payments under subparagraph (B), on
the condition that the practice, as determined by the
Secretary--
``(i) has received a high Natural Resources Conservation
Service evaluation score for addressing specific causes of
impairment relating to excessive nutrients in groundwater or
surface water or for addressing the conservation of water to
advance drought mitigation;
``(ii) meets other environmental priorities; and
``(iii) is geographically targeted to address a natural
resource concern in a specific watershed.
``(B) Increased payments.--Notwithstanding paragraph (2),
the Secretary may increase the amount that would otherwise be
provided for a practice under this subsection to not more
than 90 percent of the costs associated with planning,
design, materials, equipment, installation, labor,
management, maintenance, or training.'';
(4) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``2014 through 2018'' and inserting ``2019
through 2023'';
(ii) by striking ``60'' and inserting ``50''; and
(iii) by striking ``production.'' and inserting
``production, including grazing management practices.'';
(B) in paragraph (2)--
(i) by striking ``For each'' and inserting the following:
``(A) Fiscal years 2014 through 2018.--For each''; and
(ii) by adding at the end the following:
``(B) Fiscal years 2019 through 2023.--For each of fiscal
years 2019 through 2023, at least 10 percent of the funds
made available for payments under the program shall be
targeted at practices benefitting wildlife habitat under
subsection (g).''; and
(C) by adding at the end the following:
``(3) Review of process for determining annual funding
allocations to states.--
``(A) In general.--Not later than 365 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall review the process for determining annual
funding allocations to States under the program.
``(B) Considerations.--In conducting the review under
subparagraph (A), the Secretary shall consider--
``(i) the roles of, in determining annual funding
allocations to States--
``(I) relevant data on local natural resource concerns,
including the outcomes of the Conservation Effects Assessment
Project carried out by the Natural Resources Conservation
Service; and
``(II) the recommendations of State technical committees
established under section 1261(a) and other local stakeholder
input;
``(ii) how to utilize the data and local input described in
subclauses (I) and (II) of clause (i) such that, to the
maximum extent practicable, consideration of local natural
resource concerns is a leading factor when determining annual
funding allocations to States; and
``(iii) the process used at the national level to evaluate
State budget proposals and allocate funds to achieve priority
natural resource objectives, including the factors considered
in ranking State proposals.'';
(5) in subsection (h)--
(A) by striking paragraph (1) and inserting the following:
``(1) Availability of payments.--The Secretary may provide
water conservation and system efficiency payments under this
subsection to an entity described in paragraph (2) or a
producer for--
``(A) water conservation scheduling, water distribution
efficiency, soil moisture monitoring, or an appropriate
combination thereof;
``(B) irrigation-related structural or other measures that
conserve surface water or groundwater, including managed
aquifer recovery practices; or
``(C) a transition to water-conserving crops, water-
conserving crop rotations, or deficit irrigation.'';
(B) by redesigning paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Eligibility of certain entities.--
``(A) In general.--Notwithstanding section 1001(f)(6), the
Secretary may enter into a contract under this subsection
with a State, irrigation district, groundwater management
district, acequia, or similar entity under a streamlined
contracting process to implement water conservation or
irrigation practices under a watershed-wide project that will
effectively conserve water, provide fish and wildlife
habitat, or provide for drought-related environmental
mitigation, as determined by the Secretary.
``(B) Implementation.--Water conservation or irrigation
practices that are the subject of a contract entered into
under subparagraph (A) shall be implemented on--
``(i) eligible land of a producer; or
``(ii) land that is under the control of an irrigation
district, a groundwater management district, an acequia, or a
similar entity.
``(C) Waiver authority.--The Secretary may waive the
applicability of the limitations in section 1001D(b) or
section 1240G for a payment made under a contract entered
into under this paragraph if the Secretary determines that
the waiver is necessary to fulfill the objectives of the
project.'';
(D) in paragraph (3) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``to a producer'' and inserting ``under this subsection'';
(ii) in subparagraph (A), by striking ``the eligible land
of the producer is located, there is a reduction in water use
in the operation of the producer'' and inserting ``the land
on which the practices will be implemented is located, there
is a reduction in water use in the operation on that land'';
and
(iii) in subparagraph (B), by inserting ``except in the
case of an application under paragraph (2),'' before ``the
producer agrees''; and
(E) by adding at the end the following:
``(4) Effect.--Nothing in this section authorizes the
Secretary to modify the process for determining the annual
allocation of funding to States under the program.'';
(6) in subsection (i)(3), by striking ``$20,000 per year or
$80,000 during any 6-year period'' and inserting ``$160,000
during the period of fiscal years 2019 through 2023''; and
(7) by adding at the end the following:
``(j) Micro-EQIP Pilot Program.--
``(1) In general.--On request of not more than 10 States,
the Secretary may establish under the environmental quality
incentives program a pilot program in that State under which
the Secretary may--
``(A) provide financial and technical assistance to small-
scale agricultural producers, including beginning farmers and
ranchers and limited resource producers, that enter into
contracts with the Secretary under the pilot program to
address natural resource concerns relating to production on
small-scale agricultural operations; and
``(B) conduct outreach to small-scale agricultural
producers to increase participation in the pilot program.
``(2) Payments.--
``(A) In general.--The Secretary shall determine whether a
small-scale agricultural producer is eligible to receive
payments under this subsection--
``(i) on a State-by-State basis;
``(ii) in consultation with the technical committee
established under section 1261(a) of the State in which the
small-scale agricultural producer is located; and
``(iii) based on factors that may include--
``(I) the operations of a small-scale agricultural
producer, including with respect to adjusted gross income and
gross sales;
``(II) demographic data relating to small-scale
agricultural producers compiled by the National Agricultural
Statistics Service; and
``(III) other relevant information, as determined by the
Secretary.
``(B) Amount.--The Secretary shall provide payments under
this subsection to a producer that is eligible for the
payments under subparagraph (A) in an amount that the
Secretary determines is necessary to achieve the purpose
described in paragraph (1)(A).
``(3) Applications.--
``(A) In general.--To be eligible to receive financial and
technical assistance under this subsection, a producer that
is eligible for the assistance under paragraph (2)(A) shall
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require.
``(B) Administration.--To the maximum extent practicable,
the Secretary shall limit the administrative burdens, and the
regulatory barriers that contribute to administrative
burdens, on producers applying for payments under this
subsection, including by streamlining the application and
approval processes for payments.
``(4) Pilot program coordinator.--The Secretary may
designate a pilot program coordinator in each State who--
``(A) at the time of designation is an employee of the
Natural Resources Conservation Service in that State; and
``(B) shall be responsible for--
``(i) public outreach relating to the pilot program under
this subsection;
[[Page S4535]]
``(ii) assisting producers in the submission of
applications under the pilot program; and
``(iii) distributing financial and technical assistance
under this subsection in that State.
``(5) Report.--Not later than May 1, 2022, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the results of
the pilot program under this subsection, including--
``(A) steps taken under paragraph (3)(B) to limit
administrative burdens and regulatory barriers; and
``(B) to the maximum extent practicable, demographic
information about each small-scale agricultural producer
participating in the pilot program.''.
SEC. 2304. EVALUATION OF APPLICATIONS.
Section 1240C(a) of the Food Security Act of 1985 (16
U.S.C. 3839aa-3(a)) is amended--
(1) by striking ``that will ensure'' and inserting the
following: ``that shall--
``(1) ensure'';
(2) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(2) give priority to the consideration of the most
effective practices to address natural resource concerns on
eligible land.''.
SEC. 2305. DUTIES OF THE SECRETARY.
Section 1240F of the Food Security Act of 1985 (16 U.S.C.
3839aa-6) is amended--
(1) by striking ``To the extent appropriate,'' and
inserting the following:
``(a) Assistance to Producers.--To the extent
appropriate,''; and
(2) by adding at the end the following:
``(b) Streamlining and Coordination.--To the maximum extent
feasible, the Secretary shall--
``(1) provide for streamlined and coordinated procedures
for the program and the conservation stewardship program
under subchapter B of chapter 2, including applications,
contracting, conservation planning, conservation practices,
and related administrative procedures; and
``(2) coordinate management of the program and the
conservation stewardship program under subchapter B of
chapter 2 to facilitate the ability of a participant in the
program to enroll in the conservation stewardship program
after meeting the stewardship threshold (as defined in
section 1238D) for not less than 2 priority resource concerns
under that program.
``(c) Soil Health.--To the maximum extent feasible, the
Secretary shall manage the program to enhance soil health.''.
SEC. 2306. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM PLAN.
Section 1240E(a)(3) of the Food Security Act of 1985 (16
U.S.C. 3839aa-5(a)(3)) is amended by inserting
``progressive'' before ``implementation''.
SEC. 2307. LIMITATION ON PAYMENTS.
Section 1240G of the Food Security Act of 1985 (16 U.S.C.
3839aa-7) is amended by striking ``2014 through 2018'' and
inserting ``2019 through 2023''.
SEC. 2308. CONSERVATION INNOVATION GRANTS AND PAYMENTS.
Section 1240H of the Food Security Act of 1985 (16 U.S.C.
3839aa-8) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively;
(B) by inserting after subparagraph (D) the following:
``(E) partner with farmers to develop innovative
conservation practices for urban, indoor, or other emerging
agricultural practices to increase--
``(i) green space;
``(ii) pollinator habitat;
``(iii) stormwater management;
``(iv) carbon sequestration; and
``(v) access to agricultural production sites through land
tenure agreements and other contracts;'';
(C) in subparagraph (F) (as so redesignated), by striking
``and'' at the end;
(D) in subparagraph (G) (as so redesignated), by striking
the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(H) utilize edge-of-field and other monitoring practices
on farms--
``(i) to quantify the impacts of conservation practices
utilized under the program; and
``(ii) to assist producers in making the best conservation
investments for their operation.''; and
(2) in subsection (b)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 2309. SOIL HEALTH DEMONSTRATION PILOT PROJECT.
Chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.) is amended by adding
at the end the following:
``SEC. 1240I. SOIL HEALTH DEMONSTRATION PILOT PROJECT.
``(a) In General.--The Secretary shall carry out a pilot
project that provides financial incentives, as determined by
the Secretary, to producers to adopt practices designed to
improve soil health, including by increasing carbon levels in
soil (or `soil carbon levels').
``(b) Requirements.--In establishing the pilot project
under subsection (a), the Secretary shall--
``(1) identify geographic regions of the United States,
including not less than 1 drought prone region, based on
factors such as soil type, cropping history, and water
availability, in which to establish the pilot project;
``(2) establish payments to provide an incentive for the
use of practices approved under the pilot project that--
``(A) improve soil health;
``(B) increase carbon levels in the soil; or
``(C) meet the goals described in subparagraphs (A) and
(B); and
``(3) establish protocols for measuring carbon levels in
soil to measure gains in soil health as a result of the
practices used in the pilot project.
``(c) Study; Report to Congress.--
``(1) Study.--Not later than September 30, 2022, the
Secretary shall conduct a study regarding changes in soil
health, and, if feasible, economic outcomes, as a result of
the practices used in the pilot project established under
subsection (a).
``(2) Report to congress.--Not later than September 30,
2023, the Secretary shall submit to Congress a report
describing and analyzing the results of the study conducted
under paragraph (1).
``(d) Funding.--Of the funds made available to carry out
this chapter, the Secretary may use to carry out the pilot
project under subsection (a) $15,000,000 for each of fiscal
years 2019 through 2023.''.
Subtitle D--Other Conservation Programs
SEC. 2401. WETLAND CONSERVATION.
Section 1222(c) of the Food Security Act of 1985 (16 U.S.C.
3822(c)) is amended by inserting before the period at the end
the following: ``in the presence of the affected person, as
long as the affected person makes themselves available for
the on-site visit''.
SEC. 2402. CONSERVATION SECURITY PROGRAM.
Subchapter A of chapter 2 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3838 et seq.) is
repealed.
SEC. 2403. CONSERVATION OF PRIVATE GRAZING LAND.
Section 1240M of the Food Security Act of 1985 (16 U.S.C.
3839bb) is amended--
(1) in subsection (c)(2), by adding at the end the
following:
``(C) Partnerships.--In carrying out the program under this
section, the Secretary shall provide education and outreach
activities through partnerships with--
``(i) land-grant colleges and universities (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
and
``(ii) nongovernmental organizations.''; and
(2) in subsection (e), by striking ``2018'' and inserting
``2023''.
SEC. 2404. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
Chapter 5 of subtitle D of title XII of the Food Security
Act of 1985 is amended by inserting after section 1240M (16
U.S.C. 3839bb) the following:
``SEC. 1240N. SOIL HEALTH AND INCOME PROTECTION PROGRAM.
``(a) Definition of Eligible Land.--In this section:
``(1) In general.--The term `eligible land' means land
that--
``(A) is selected by the owner or operator of the land for
proposed enrollment in the program under this section; and
``(B) as determined by the Secretary--
``(i) had a cropping history or was considered to be
planted during the 3 crop years preceding the crop year
described in subsection (b)(2); and
``(ii) is verified to be less-productive land, as compared
to other land on the applicable farm.
``(2) Exclusion.--The term `eligible land' does not include
any land covered by a conservation reserve program contract
under subchapter B of chapter 1 that expires during the crop
year described in subsection (b)(2).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a
voluntary soil health and income protection program under
which eligible land is enrolled through the use of agreements
to assist owners and operators of eligible land to conserve
and improve the soil, water, and wildlife resources of the
eligible land.
``(2) Deadline for participation.--Eligible land may be
enrolled in the program under this section only during the
first crop year beginning after the date of enactment of the
Agriculture Improvement Act of 2018.
``(c) Agreements.--
``(1) Requirements.--An agreement described in subsection
(b) shall--
``(A) be entered into by the Secretary, the owner of the
eligible land, and (if applicable) the operator of the
eligible land; and
``(B) provide that, during the term of the agreement--
``(i) the lowest practicable cost perennial conserving use
cover crop for the eligible land, as determined by the
applicable State conservationist after considering the advice
of the applicable State technical committee, shall be planted
on the eligible land;
``(ii) except as provided in paragraph (5), the owner or
operator of the eligible land shall pay the cost of planting
the conserving use cover crop under clause (i);
``(iii) subject to paragraph (6), the eligible land may be
harvested for seed, hayed, or grazed outside the nesting and
brood-rearing period established for the applicable county;
``(iv) the eligible land may be eligible for a walk-in
access program of the applicable State, if any; and
[[Page S4536]]
``(v) a nonprofit wildlife organization may provide to the
owner or operator of the eligible land a payment in exchange
for an agreement by the owner or operator not to harvest the
conserving use cover.
``(2) Payments.--Except as provided in paragraphs (5) and
(6)(B)(ii), the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to 50
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(3) Limitation on enrolled land.--Not more than 15
percent of the eligible land on a farm may be enrolled in the
program under this section.
``(4) Term.--
``(A) In general.--Except as provided in subparagraph (B),
each agreement described in subsection (b) shall be for a
term of 3, 4, or 5 years, as determined by the parties to the
agreement.
``(B) Early termination.--
``(i) Secretary.--The Secretary may terminate an agreement
described in subsection (b) before the end of the term
described in subparagraph (A) if the Secretary determines
that the early termination of the agreement is necessary.
``(ii) Owners and operators.--An owner and (if applicable)
an operator of eligible land enrolled in the program under
this section may terminate an agreement described in
subsection (b) before the end of the term described in
subparagraph (A) if the owner and (if applicable) the
operator pay to the Secretary an amount equal to the amount
of rental payments received under the agreement.
``(5) Beginning, small, socially disadvantaged, young, or
veteran farmers and ranchers.--With respect to a beginning,
small, socially disadvantaged, young, or veteran farmer or
rancher, as determined by the Secretary--
``(A) an agreement described in subsection (b) shall
provide that, during the term of the agreement, the
beginning, underserved, or young farmer or rancher shall pay
50 percent of the cost of planting the conserving use cover
crop under paragraph (1)(B)(i); and
``(B) the annual rental rate for a payment under an
agreement described in subsection (b) shall be equal to 75
percent of the average rental rate for the applicable county
under section 1234(d), as determined by the Secretary.
``(6) Harvesting, haying, and grazing outside applicable
period.--The harvesting for seed, haying, or grazing of
eligible land under paragraph (1)(B)(iii) outside of the
nesting and brood-rearing period established for the
applicable county shall be subject to the conditions that--
``(A) with respect to eligible land that is so hayed or
grazed, adequate stubble height shall be maintained to
protect the soil on the eligible land, as determined by the
applicable State conservationist after considering the advice
of the applicable State technical committee; and
``(B) with respect to eligible land that is so harvested
for seed--
``(i) the eligible land shall not be eligible to be insured
or reinsured under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.); and
``(ii) the rental payment otherwise applicable to the
eligible land under this subsection shall be reduced by 25
percent.
``(d) Funding.--There are authorized to be appropriated
such sums as are necessary to carry out this section.''.
SEC. 2405. GRASSROOTS SOURCE WATER PROTECTION PROGRAM.
Section 1240O of the Food Security Act of 1985 (16 U.S.C.
3839bb-2) is amended by striking subsection (b) and inserting
the following:
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 2406. SOIL TESTING AND REMEDIATION ASSISTANCE.
Chapter 5 of subtitle D of title XII of the Food Security
Act of 1985 is amended by inserting after section 1240O (16
U.S.C. 3839bb-2) the following:
``SEC. 1240P. SOIL TESTING AND REMEDIATION ASSISTANCE.
``(a) Definition of Producer.--In this section, the term
`producer' includes a small-scale producer of food.
``(b) Soil Health and Quality.--To improve the health and
quality of the soil used for agricultural production, the
Secretary shall work with producers to mitigate the presence
of contaminants in soil, including by carrying out
subsections (c), (d), and (e).
``(c) Soil Testing Protocol.--
``(1) In general.--The Secretary, in consultation with the
Administrator of the Environmental Protection Agency, shall
establish a coordinated soil testing protocol to simplify the
process used by producers to evaluate soil health, including
testing for--
``(A) the optimal level of constituents in and
characteristics of the soil, such as organic matter,
nutrients, and the potential presence of soil contamination
from heavy metals, volatile organic compounds, polycyclic
aromatic hydrocarbons, or other contaminants; and
``(B) biological and physical characteristics indicative of
proper soil functioning.
``(2) Public availability.--The Secretary shall make the
soil testing protocol established under paragraph (1)
available to the public.
``(d) Soil Assessment and Remediation Technical
Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance to a producer carrying out a soil assessment or
soil remediation practice that shall include--
``(A) an overall review of the health of the soil used by
the producer for agricultural production;
``(B) testing of the soil, if applicable, to determine the
suitability of the soil for agricultural production;
``(C) based on the results of the soil tested under
subparagraph (B), a consultation with the producer and a
determination of the quality, health, and level of
contamination of the soil adequate--
``(i) to protect against a health risk to producers;
``(ii) to limit contaminants from entering agricultural
products for human consumption; and
``(iii) to regenerate and sustain the soil; and
``(D) recommendations on methods to conduct remediation or
soil building efforts to improve soils and ensure that the
producers--
``(i) are not growing products in soils with high levels of
heavy metals, volatile organic compounds, polycyclic aromatic
hydrocarbons, or other contaminants;
``(ii) have appropriate information regarding financial
resources and conservation practices available to keep soil
healthy, including practices, as defined in section 1240A;
and
``(iii) are given information about experts, including
experts outside of the Natural Resources Conservation
Service, that may provide assistance to producers to oversee
and monitor soil under remediation or regeneration to ensure
soils are suitable for agricultural production in the future.
``(2) Education and outreach.--The Secretary shall conduct
education and outreach to producers regarding the uses of
soil and methods of addressing soil contamination and soil
health degradation.
``(e) Referral.--On the request of a producer, where soil
is found to pose an imminent hazard to human health, the
Secretary may refer the producer to the Administrator of the
Environmental Protection Agency for additional assistance for
remediation under section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604(k)).''.
SEC. 2407. VOLUNTARY PUBLIC ACCESS AND HABITAT INCENTIVE
PROGRAM.
(a) Conservation Innovation Grants and Payments.--Section
1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa-8)
is amended--
(1) in the section heading, by striking ``grants'' and
inserting ``grants, voluntary public access and habitat
incentive program,''; and
(2) by redesignating subsection (c) as subsection (d).
(b) Modifications and Merging of Provisions.--Section 1240R
of the Food Security Act of 1985 (16 U.S.C. 3839bb-5) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively, and indenting
appropriately; and
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) in subsection (c), by redesignating paragraphs (1)
through (5) as subparagraphs (A) through (E), respectively,
and indenting appropriately;
(3) in subsection (d)--
(A) in paragraph (1), by striking ``section'' and inserting
``subsection''; and
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(4) in subsection (e), by striking ``section'' and
inserting ``subsection'';
(5) by striking subsection (f);
(6) by redesignating subsections (a) through (e) as
paragraphs (1) through (5), respectively, and indenting
appropriately;
(7) by adding at the end the following:
``(6) Funding.--Of the funds made available to carry out
this chapter, the Secretary shall use to carry out this
subsection $40,000,000 for the period of fiscal years 2019
through 2023.'';
(8) by striking the section designation and heading and all
that follows through ``The Secretary shall establish a
voluntary public access program'' in paragraph (1) (as so
redesignated) and inserting the following:
``(c) Voluntary Public Access and Habitat Incentive
Program.--
``(1) In general.--Out of the funds made available to carry
out this chapter, the Secretary shall carry out a voluntary
public access program (referred to in this subsection as the
`program')''; and
(9) by moving subsection (c) (as so amended and
redesignated) so as to appear after subsection (b) of section
1240H (16 U.S.C. 3839aa-8) (as amended by subsection (a)(2)).
SEC. 2408. AGRICULTURE CONSERVATION EXPERIENCED SERVICES
PROGRAM.
Section 1252 of the Food Security Act of 1985 (16 U.S.C.
3851) is amended by adding at the end the following:
``(e) Termination of Effectiveness.--The authority provided
by this section terminates effective October 1, 2023.''.
SEC. 2409. REMOTE TELEMETRY DATA SYSTEM.
The Food Security Act of 1985 is amended by inserting after
section 1252 (16 U.S.C. 3851) the following:
[[Page S4537]]
``SEC. 1253. REMOTE TELEMETRY DATA SYSTEM.
``(a) Finding.--Congress finds that a remote telemetry data
system, as used for irrigation scheduling--
``(1) combines the use of field, weather, crop, soil, and
irrigation data to ensure that the precise quantity of
necessary water is applied to crops; and
``(2) saves water and energy while sustaining or increasing
crop yields.
``(b) Best Practice.--In carrying out the environmental
quality incentives program established under chapter 4 of
subtitle D, the Secretary shall encourage as a best
management practice the use of remote telemetry data systems
for irrigation scheduling.''.
SEC. 2410. AGRICULTURAL CONSERVATION EASEMENT PROGRAM.
(a) Purposes.--Section 1265(b)(3) of the Food Security Act
of 1985 (16 U.S.C. 3865(b))(3) is amended by inserting ``that
may negatively impact the agricultural uses and conservation
values'' before ``; and''.
(b) Definitions.--Section 1265A of the Food Security Act of
1985 (16 U.S.C. 3865a) is amended--
(1) in paragraph (1)(B), by striking ``subject to an
agricultural land easement plan, as approved by the
Secretary'';
(2) in paragraph (2)(A), by striking ``government or an
Indian tribe'' and inserting ``government, an Indian tribe,
or an acequia''; and
(3) in paragraph (3)--
(A) in subparagraph (A)(i), by striking ``entity;'' and
inserting ``entity, unless the land will be enrolled in an
agricultural land easement under subparagraph (B);'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(C) by inserting after subparagraph (A) the following:
``(B) in the case of an agricultural land easement,
agricultural land that meets the conditions described in
clauses (ii) and (iii) of subparagraph (A) that is owned by
an organization described in paragraph (2)(B), on the
conditions that--
``(i) if the organization that owns the land is also the
eligible entity that would hold the agricultural land
easement, the organization that owns the land shall certify
to the Secretary on submission of the application that the
land will be owned by a farmer or rancher that is not an
organization described in paragraph (2)(B) on acquisition of
the agricultural land easement;
``(ii) if the organization that owns the land is not the
eligible entity that would hold the agricultural land
easement, the organization that owns the land shall certify,
through an agreement, contract, or guarantee with the
Secretary on submission of the application, that the
organization will identify a farmer or rancher that is not an
organization described in paragraph (2)(B) and effect the
timely subsequent transfer of the ownership of the land to
that farmer or rancher after the date of acquisition of the
agricultural land easement; and
``(iii) if the organization that certified the timely
subsequent transfer of the ownership of the land under clause
(ii) breaches the agreement, contract, or guarantee without
justification and without a plan to effect the timely
transfer of the land, that organization shall reimburse the
Secretary for the entire amount of the Federal share of cost
of each applicable agricultural land easement.''.
(c) Agricultural Land Easements.--Section 1265B of the Food
Security Act of 1985 (16 U.S.C. 3865b) is amended--
(1) in subsection (a)(2), by striking ``provide'' and all
that follows through the period at the end and inserting
``implement the program, including technical assistance with
the development of a conservation plan under subsection
(b)(3).''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in subparagraph (A), in the matter preceding clause
(i), by striking ``paragraph (4)'' and inserting ``paragraph
(5)''; and
(ii) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) Non-federal share.--The non-Federal share provided
by an eligible entity under clause (i) may comprise--
``(I) a charitable donation or qualified conservation
contribution (as defined in section 170(h) of the Internal
Revenue Code of 1986) from the private landowner from which
the agricultural land easement will be purchased;
``(II) costs associated with securing a deed to the
agricultural land easement, including the cost of appraisal,
survey, inspection, and title; and
``(III) other costs, as determined by the Secretary.'';
(B) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Condition on assistance.--An eligible entity applying
for cost-share assistance under this subsection shall develop
an agricultural land easement plan--
``(A) with the landowner of the eligible land subject to
the agricultural land easement; and
``(B) that--
``(i) describes the natural resource concerns on the
eligible land subject to the agricultural land easement;
``(ii) describes the conservation measures and practices
that the landowner of the eligible land subject to the
agricultural land easement may employ to address the concerns
under clause (i);
``(iii) in the case of grasslands of special environmental
significance, requires the management of grasslands according
to a grasslands management plan; and
``(iv) in the case of highly erodible cropland, requires
the implementation of a conservation plan that includes, at
the option of the Secretary, the conversion of highly
erodible cropland to less intensive uses.'';
(D) in paragraph (4) (as so redesignated)--
(i) in subparagraph (B)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the following:
``(iii) consultation with the appropriate State technical
committee established under section 1261 to adjust evaluation
and ranking criteria to account for geographic nuances if
those adjustments--
``(I) meet the purposes of the program; and
``(II) continue to maximize the benefits of Federal
investment under the program.''; and
(ii) by adding at the end the following:
``(D) Priority.--In evaluating applications under the
program, the Secretary may give priority to an application
for the purchase of an agricultural land easement that, as
determined by the Secretary, maintains agricultural
viability.'';
(E) in paragraph (5) (as so redesignated)--
(i) in subparagraph (B)(i), by striking ``paragraph (5)''
and inserting ``paragraph (6)'';
(ii) in subparagraph (C)--
(I) in clause (i), by inserting ``and the agricultural
activities to be conducted on the eligible land'' after
``program''; and
(II) by striking clause (iv) and inserting the following:
``(iv) exclude a right of inspection, unless the eligible
entity fails to provide monitoring reports to the
Secretary;'';
(iii) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(iv) by inserting after subparagraph (C) the following:
``(D) Additional permitted terms and conditions.--An
eligible entity may include terms and conditions for an
agricultural land easement that--
``(i) are intended to keep the land subject to the
agricultural land easement in farmer ownership, as determined
by the Secretary; and
``(ii) include other relevant activities relating to the
agricultural land easement, as determined by the
Secretary.''; and
(F) in paragraph (6) (as so redesignated)--
(i) in subparagraph (B)--
(I) in clause (iii), by redesignating subclauses (I)
through (III) as items (aa) through (cc), respectively, and
indenting appropriately;
(II) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(III) in the matter preceding subclause (I) (as so
redesignated), by striking ``entity will'' and inserting the
following: ``eligible entity--
``(i) will'';
(IV) in clause (i)(III)(cc) (as so redesignated), by
striking the period at the end and inserting a semicolon; and
(V) by adding at the end the following:
``(ii) has--
``(I) been accredited by the Land Trust Accreditation
Commission, or by an equivalent accrediting body, as
determined by the Secretary; and
``(II) acquired not fewer than 10 agricultural land
easements under the program; and
``(III) successfully met the responsibilities of the
eligible entity under the applicable agreements with the
Secretary, as determined by the Secretary, relating to
agricultural land easements that the eligible entity has
acquired under the program; or
``(iii) is a State department of agriculture or other State
agency with statutory authority for farm and ranchland
protection that has--
``(I) acquired not fewer than 10 agricultural land
easements under the program; and
``(II) successfully met the responsibilities of the
eligible entity under the applicable agreements with the
Secretary, as determined by the Secretary, relating to
agricultural land easements that the eligible entity has
acquired under the program.'';
(ii) by redesignating subparagraph (C) as subparagraph (D);
and
(iii) by inserting after subparagraph (B) the following:
``(C) Terms and conditions.--Notwithstanding paragraph
(5)(C), to account for geographic and other differences among
States and regions, an eligible entity certified under
subparagraph (A) may use terms and conditions established by
the eligible entity for agricultural land easements, on the
condition that those terms and conditions shall be consistent
with the purposes of the program.''.
(d) Wetland Reserve Easements.--Section 1265C of the Food
Security Act of 1985 (16 U.S.C. 3865c) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(D), by inserting ``and acequias''
after ``Indian tribes''; and
(B) in paragraph (3)--
(i) in subparagraph (B)--
(I) in clause (iii), by striking ``and'' at the end;
(II) by redesignating clause (iv) as clause (v); and
[[Page S4538]]
(III) by inserting after clause (iii) the following:
``(iv) the ability of the land to sequester carbon; and'';
and
(ii) in subparagraph (C), by inserting ``and improving
water quality'' before the period at the end;
(2) in subsection (d)(2), by striking ``or Indian tribe''
and inserting ``Indian tribe, or acequia'';
(3) in subsection (e), by striking ``or Indian tribe'' and
inserting ``Indian tribe, or acequia''; and
(4) in subsection (f)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
``(2) Native vegetation.--The Secretary may allow the
establishment or restoration of an alternative vegetative
community on the entirety of the eligible land subject to a
wetland reserve easement if that alternative vegetative
community--
``(A) will substantially support or benefit migratory
waterfowl or other wetland wildlife; or
``(B) will meet local resource concerns or needs (including
as an element of a regional, State, or local wildlife
initiative or plan).''.
(e) Administration.--Section 1265D of the Food Security Act
of 1985 (16 U.S.C. 3865d) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``subject to paragraph
(2),'' before ``lands owned'';
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(C) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``The Secretary'' and inserting
the following:
``(1) In general.--The Secretary''; and
(D) by adding at the end the following:
``(2) Land owned by acequias.--Notwithstanding paragraph
(1)(B), the Secretary may use program funds for the purpose
of acquiring an easement on land owned by an acequia.''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``transferred into the
program'' and inserting ``enrolled in an easement under
section 1265C(b)''; and
(B) by adding at the end the following:
``(3) Agricultural land easements.--A farmer or rancher who
owns eligible land subject to an agricultural land easement
may enter into a contract under subchapter B of chapter 1.''.
SEC. 2411. REGIONAL CONSERVATION PARTNERSHIP PROGRAM.
(a) Establishment and Purposes.--Section 1271 of the Food
Security Act of 1985 (16 U.S.C. 3871) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, including grant
agreements under section 1271C(d),'' after ``partnership
agreements''; and
(B) in paragraph (2), by striking ``contracts with
producers'' and inserting ``program contracts with eligible
producers''; and
(2) in subsection (b)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``use covered programs'' and inserting
``carry out conservation activities'';
(B) by striking paragraph (2) and inserting the following:
``(2) To further the conservation, protection, restoration,
and sustainable use of soil, water (including sources of
drinking water), wildlife, agricultural land, and related
natural resources on eligible land on a regional or watershed
scale.'';
(C) in paragraph (3)--
(i) in the matter preceding subparagraph (A), by inserting
``eligible'' before ``producers''; and
(ii) in subparagraph (B), by striking ``installation'' and
inserting ``adoption, installation,''; and
(D) by adding at the end the following:
``(4) To encourage the flexible and streamlined delivery of
conservation assistance to eligible producers through
partnership agreements.
``(5) To encourage alignment of partnership projects with
other Federal, State, and local agencies and programs
addressing similar natural resource or environmental concerns
in a coordinated manner.
``(6) To engage eligible producers in conservation projects
to achieve greater conservation outcomes and benefits for
eligible producers than would otherwise be achieved.
``(7) To advance conservation and rural community
development goals simultaneously.''.
(b) Definitions.--Section 1271A of the Food Security Act of
1985 (16 U.S.C. 3871a) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``a purpose, activity, or agreement under any of'' after
``means''; and
(B) by adding at the end the following:
``(E) The conservation reserve program established under
subchapter B of chapter 1 of subtitle D.
``(F) The program established by the Secretary to carry out
the Watershed Protection and Flood Prevention Act (16 U.S.C.
1001 et seq.), except for any program established by the
Secretary to carry out section 14 (16 U.S.C. 1012) of that
Act.'';
(2) by striking paragraphs (2) and (3) and inserting the
following:
``(2) Eligible activity.--The term `eligible activity'
means--
``(A) an eligible activity under the statutory authority
for a covered program; and
``(B) any other related activity that an eligible partner
determines will help address natural resource concerns,
subject to the approval of the Secretary.
``(3) Eligible land.--The term `eligible land' means--
``(A) eligible land under the statutory authority for a
covered program; and
``(B) any other agricultural or nonindustrial private
forest land or associated land on which the Secretary
determines an eligible activity would help address natural
resource concerns.'';
(3) in paragraph (4)--
(A) in subparagraph (E), by inserting ``acequia,'' after
``irrigation district,''; and
(B) by adding at the end the following:
``(I) An organization described in clause (i), (ii), or
(iii) of section 1265A(2)(B).
``(J) A conservation district.'';
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(5) by inserting after paragraph (4) the following:
``(5) Eligible producer.--The term `eligible producer'
means a person, legal entity, or Indian tribe that is an
owner or operator on eligible land.''; and
(6) by adding at the end the following:
``(8) Program contract.--The term `program contract' means
the contract established by the Secretary under section
1271C(b)(1).''.
(c) Regional Conservation Partnerships.--Section 1271B of
the Food Security Act of 1985 (16 U.S.C. 3871b) is amended--
(1) in subsection (a), by inserting ``eligible'' before
``producers'';
(2) by striking subsection (b) and inserting the following:
``(b) Maximum Length.--
``(1) In general.--Except as provided in paragraph (2), the
term of a partnership agreement shall not be longer than 5
years.
``(2) Exceptions.--
``(A) Concurrent program deadline.--Subject to approval by
the Secretary, the term of a partnership agreement may be
longer than 5 years if the longer period is concurrent with a
deadline established under a State or Federal program that
relates specifically to the project.
``(B) Special circumstances.--In the case of special
circumstances outside the control of an eligible partner (as
determined by the Secretary) that have created a delay in the
implementation of a project of the eligible partner, the
eligible partner may request an extension of the term of the
partnership agreement.
``(3) Partnership agreement renewals.--If an eligible
partner demonstrates to the satisfaction of the Secretary
that the eligible partner has made progress in addressing 1
or more natural resource concerns defined in the partnership
agreement, not earlier than 1 year before the date of
expiration of the partnership agreement, the eligible partner
may request from the Secretary a renewal of the partnership
agreement, including a renewal of funding, through an
expedited approval process--
``(A) to continue to implement the partnership agreement;
``(B) to expand the scope of the partnership agreement;
``(C) to enroll additional eligible producers; or
``(D) to carry out other conservation activities relating
to the project, including the assessment of the project under
subsection (c)(1)(E), as mutually agreed by the Secretary and
the eligible partner.'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(II) by striking clauses (i) and (ii) and inserting the
following:
``(i) 1 or more natural resource concerns that the project
shall address;
``(ii) the eligible activities on eligible land to be
conducted under the project to address the natural resource
concerns;
``(iii) the implementation timeline for carrying out the
project, including any interim milestones;'';
(ii) in subparagraph (B), by inserting ``eligible'' before
``producers'';
(iii) in subparagraph (C), by striking ``a producer'' each
place it appears and inserting ``an eligible producer'';
(iv) in subparagraph (D), by inserting ``or in-kind
contributions'' after ``additional funds''; and
(v) in subparagraph (E), by striking ``of the project's
effects; and'' and inserting the following: ``of--
``(i) the progress made by the project in addressing each
natural resource concern defined in the partnership
agreement, including in a quantified form; and
``(ii) as appropriate, other environmental, economic, or
social outcomes of the project; and''; and
(B) in paragraph (2)--
(i) by striking ``An eligible'' and inserting the
following:
``(A) In general.--An eligible''; and
(ii) by adding at the end the following:
``(B) Form.--A contribution of an eligible partner under
this paragraph may be in the form of--
``(i) direct funding;
``(ii) in-kind support; or
``(iii) a combination of direct funding and in-kind
support.
[[Page S4539]]
``(C) Treatment.--Any amounts expended during the period
beginning on the date on which the Secretary announces the
approval of an application under subsection (e) and ending on
the day before the effective date of the partnership
agreement by an eligible partner for staff salaries or
development of the partnership agreement shall be considered
to be a part of the contribution of the eligible partner
under this paragraph.'';
(4) by redesignating subsection (d) as subsection (e);
(5) by inserting after subsection (c) the following:
``(d) Duties of Secretary.--The Secretary shall--
``(1) establish a timeline for carrying out the duties of
the Secretary under a partnership agreement, including--
``(A) entering into contracts with eligible producers;
``(B) providing financial assistance to eligible producers;
and
``(C) in the case of a partnership agreement that is a
grant agreement under section 1271C(d), providing the grant
amounts to the eligible partner;
``(2) establish in each State a program coordinator for the
State, who shall be responsible solely for providing
assistance to eligible partners and eligible producers under
the program;
``(3) establish guidance to assist eligible partners with
carrying out the assessment required under subsection
(c)(1)(E);
``(4) provide to each eligible partner that has entered
into a partnership agreement--
``(A) a semiannual report describing the status of each
pending and obligated contract under the project of the
eligible partner; and
``(B) an annual report describing how the Secretary used
amounts reserved by the Secretary for that year for technical
assistance under section 1271D(f);
``(5) allow an eligible partner to use a new or modified
conservation practice standard under a partnership agreement,
if the Secretary ensures that the new or modified
conservation practice standard--
``(A) is based on the best available science;
``(B) is implemented after consultation with the Secretary
at the local level to assess the anticipated effectiveness of
the new or modified conservation practice standard; and
``(C) effectively addresses natural resource concerns; and
``(6) ensure that any eligible activity effectively
addresses natural resource concerns.''; and
(6) in subsection (e) (as redesignated by paragraph (4))--
(A) by striking paragraph (2) and inserting the following:
``(2) Criteria used.--In carrying out the process described
in paragraph (1), the Secretary shall--
``(A) make public the criteria used in evaluating
applications; and
``(B) in the case of an application submitted by a lead
eligible partner that identifies a local conservation
district as another eligible partner for the project,
evaluate the engagement of the lead eligible partner with the
local conservation district to ensure local input.'';
(B) in paragraph (3)--
(i) by striking the paragraph designation and heading and
all that follows through ``description of--'' and inserting
the following:
``(3) Contents.--The Secretary shall develop a simplified
application process that requires each application submitted
under this subsection to include a description of
--'';
(ii) in subparagraph (C), by striking ``, including the
covered programs to be used''; and
(iii) in subparagraph (D), by inserting ``or in-kind''
after ``financial'';
(C) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by striking
``may'' and inserting ``shall'';
(ii) in subparagraphs (A) and (B), by inserting
``eligible'' before ``producers'' each place it appears;
(iii) by striking subparagraph (D);
(iv) by redesignating subparagraphs (E) and (F) as
subparagraphs (G) and (H), respectively; and
(v) by inserting after subparagraph (C) the following:
``(D) build new partnerships at the local, State, and
corporate levels or include a diversity of stakeholders in
the project;
``(E) deliver a high percentage of applied conservation--
``(i) to address the identified natural resource concerns;
or
``(ii) in the case of a project in a critical conservation
area under section 1271F, to address the critical
conservation condition for that critical conservation area;
``(F)(i) develop and implement new watershed or habitat
plans to address 1 or more natural resource concerns; or
``(ii) implement the project consistent with existing
watershed restoration plans;''; and
(D) by adding at the end the following:
``(5) Review.--To the extent practicable, after receipt of
an application under this subsection, the Secretary shall
provide to each applicant information and feedback (including
written information and feedback, as the Secretary determines
to be appropriate) throughout the annual program application
process for any improvements that could be made to the
application.''.
(d) Assistance to Eligible Producers.--Section 1271C of the
Food Security Act of 1985 (16 U.S.C. 3871c) is amended--
(1) in the section heading, by inserting ``eligible''
before ``producers'';
(2) by striking subsections (a) and (b) and inserting the
following:
``(a) In General.--An eligible producer may receive
financial or technical assistance to conduct eligible
activities on eligible land through a program contract
entered into with the Secretary.
``(b) Program Contracts.--
``(1) In general.--The Secretary shall establish a program
contract to be entered into with an eligible producer to
conduct eligible activities on eligible land, subject to such
terms and conditions as the Secretary may establish.
``(2) Application bundles.--
``(A) In general.--An eligible partner may submit to the
Secretary, on behalf of eligible producers, a bundle of
applications for assistance under the program through program
contracts to address a substantial portion of a natural
resource concern defined in the partnership agreement.
``(B) Priority.--The Secretary shall give priority to
applications described in subparagraph (A).'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``In accordance with
statutory requirements of the covered programs involved, the
Secretary may make payments to a producer'' and inserting
``Subject to section 1271D, the Secretary may make payments
to an eligible producer'';
(B) in paragraph (2), by inserting ``eligible'' before
``producers'' each place it appears; and
(C) in paragraph (3), by striking ``participating'' and
inserting ``eligible''; and
(4) by adding at the end the following:
``(d) Funding Arrangements Through Grant Agreements.--
``(1) In general.--A partnership agreement may be a grant
agreement entered into with an eligible partner in accordance
with this subsection.
``(2) Requirements.--Under a grant agreement under
paragraph (1)--
``(A) using amounts made available to carry out this
subtitle, the Secretary shall provide to the eligible partner
a grant;
``(B) the eligible partner shall carry out eligible
activities on eligible land (including by contracting with 1
or more producers, if the eligible partner determines the
contracting to be appropriate), on the condition that the
eligible activities directly or indirectly benefit
agricultural producers (including forestry producers), to
address natural resource concerns on a regional or watershed
scale, such as--
``(i) infrastructure investments relating to agricultural
or nonindustrial private forest production that would benefit
multiple producers, such as a multiproducer irrigation water
delivery system, including investments to address drought;
``(ii) projects addressing water quality or quantity
concerns (including drought) in coordination with producers,
including the development and implementation of watershed
plans;
``(iii) projects that use innovative approaches to
leveraging the Federal investment in conservation with
private financial mechanisms, in conjunction with
agricultural production or forest resource management, such
as--
``(I) the provision of performance-based payments to
eligible producers; and
``(II) support for an environmental market;
``(iv) projects that facilitate pilot testing of new
conservation practices, technologies, or activities;
``(v) projects that promote the long-term viability and
sustainability of agricultural land through innovative
agricultural land and water protection strategies and
mechanisms, including projects that support the transfer of
land to beginning farmers and ranchers, veteran farmers and
ranchers, socially disadvantaged farmers and ranchers, and
limited resource farmers and ranchers; and
``(vi) other projects for which the Secretary determines
that the goals and objectives of the program would be easier
to achieve through the grant agreement; and
``(C) the Secretary may provide technical and
administrative assistance, as mutually agreed by the parties.
``(3) Nonapplicability of adjusted gross income
limitation.--The adjusted gross income limitation described
in section 1001D(b)(1) shall not apply to the receipt by an
eligible partner of a grant under this subsection.
``(4) Limitation.--The Secretary may not use more than 30
percent of funding made available to carry out the program
for grant agreements.
``(5) Reports.--An eligible partner that enters into a
grant agreement under this subsection shall submit to the
Secretary--
``(A) any information that the Secretary requires to
prepare the report under section 1271E(b); and
``(B) an annual report that describes the status of the
project carried out by the eligible partner, including a
description of--
``(i) the use of the grant funds;
``(ii) any subcontracts awarded using grant funds;
``(iii) the eligible producers receiving funding using the
grant funds;
[[Page S4540]]
``(iv)(I) the progress made by the project in addressing
each natural resource concern defined in the grant agreement,
including in a quantified form; and
``(II) as appropriate, other environmental, economic, or
social outcomes of the project; and
``(v) any other reporting data the Secretary determines are
necessary to ensure compliance with the program rules.''.
(e) Funding.--Section 1271D of the Food Security Act of
1985 (16 U.S.C. 3871d) is amended--
(1) in subsection (a)--
(A) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2019
through 2023'';
(2) in subsection (c), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--To ensure that additional resources are
available to carry out the program, in addition to the funds
made available under subsection (a), for each fiscal year the
Secretary shall transfer 7 percent of the funds and acres
made available for the following programs:
``(A) The conservation stewardship program established
under subchapter B of chapter 2 of subtitle D.
``(B) The environmental quality incentives program
established under chapter 4 of subtitle D.
``(C) The agricultural conservation easement program
established under subtitle H.
``(2) Duration of availability.--Any funds or acres
transferred under paragraph (1) shall remain available for
obligation only for the purposes of carrying out the program
until expended.
``(3) Distribution of funds.--To the maximum extent
practicable, of projects receiving funds or acres transferred
under paragraph (1) from a program described in subparagraph
(A), (B), or (C) of that paragraph, the percentage of
projects that shall have purposes similar to the purposes of
the applicable program from which funds or acres were
transferred shall be approximately equal to the percentage of
funds or acres transferred from the applicable program.'';
(3) in subsection (d)--
(A) in paragraph (1), by striking ``25 percent of the funds
and acres to projects based on a State competitive process
administered by the State Conservationist, with the advice of
the State technical committee'' and inserting the following:
``40 percent of the funds and acres to projects based on a
State or multistate competitive process administered by the
Secretary at the local level with the advice of the
applicable State technical committees'';
(B) by striking paragraph (2);
(C) by redesignating paragraph (3) as paragraph (2); and
(D) in paragraph (2) (as so redesignated), by striking ``35
percent'' and inserting ``60 percent'';
(4) in subsection (e)--
(A) by striking ``None of the funds'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
none of the funds''; and
(B) by adding at the end the following:
``(2) Project development and outreach.--Under a
partnership agreement, the Secretary may advance reasonable
amounts of funding for technical assistance to eligible
partners to conduct project development and outreach
activities in a project area, including--
``(A) providing outreach and education to eligible
producers for potential participation in the project;
``(B) developing a watershed or habitat plan;
``(C) establishing baseline metrics to support the
development of the assessment required under section
1271B(c)(1)(E); or
``(D) providing technical assistance to eligible producers.
``(3) Reimbursement.--The Secretary may reimburse
reasonable amounts of funding for activities conducted during
the period beginning on the date on which the Secretary
announces the approval of an application under section
1271B(e) and ending on the day before the effective date of
the partnership agreement.''; and
(5) by adding at the end the following:
``(f) Technical Assistance.--
``(1) In general.--At the time of project selection, the
Secretary shall identify and make publically available the
amount that the Secretary shall use to provide technical
assistance under the terms of the partnership agreement.
``(2) Limitation.--The Secretary shall limit costs of the
Secretary for technical assistance to costs specific and
necessary to carry out the objectives of the program.
``(3) Third-party providers.--The Secretary shall develop
and implement strategies to encourage third-party technical
service providers to provide technical assistance to eligible
partners pursuant to a partnership agreement.''.
(f) Administration.--Section 1271E of the Food Security Act
of 1985 (16 U.S.C. 3871e) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``December 31, 2014'' and inserting ``December 31, 2018'';
(B) in paragraphs (1) and (2), by inserting ``eligible''
before ``producers'' each place it appears;
(C) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(D) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) a summary of--
``(A) the progress made towards addressing the 1 or more
natural resource concerns defined for the projects; and
``(B) any other related environmental, social, or economic
outcomes of the projects;''; and
(2) by adding at the end the following:
``(c) Compliance With Certain Requirements.--The Secretary
may not provide assistance under the program to an eligible
producer unless the eligible producer agrees, during the
program year for which the assistance is provided--
``(1) to comply with applicable conservation requirements
under subtitle B; and
``(2) to comply with applicable wetland protection
requirements under subtitle C.
``(d) Historically Underserved Producers.--To the maximum
extent practicable, in carrying out the program, the
Secretary shall work with eligible partners to maintain
eligible benefits available through the covered programs for
beginning farmers and ranchers, veteran farmers and ranchers,
socially disadvantaged farmers and ranchers, and limited
resource farmers and ranchers.
``(e) Regulations.--The Secretary shall issue regulations
to carry out the program.''.
(g) Critical Conservation Areas.--Section 1271F of the Food
Security Act of 1985 (16 U.S.C. 3871f) is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (e), respectively;
(2) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Definitions.--In this section:
``(1) Critical conservation area.--The term `critical
conservation area' means a geographical area that contains a
critical conservation condition that can be addressed through
the program.
``(2) Critical conservation condition.--The term `critical
conservation condition' means--
``(A) a condition of land that would benefit from water
quality improvement, including through reducing erosion,
promoting sediment control, and addressing nutrient
management activities affecting large bodies of water of
regional, national, or international significance; and
``(B) a condition of land that would benefit from water
quantity improvement, including improvement relating to--
``(i) drought;
``(ii) groundwater, surface water, aquifer, or other water
sources; or
``(iii) water retention and flood prevention.'';
(3) in subsection (b) (as so redesignated)--
(A) by striking ``producer'' and inserting ``program''; and
(B) by inserting ``that address each critical conservation
condition for which the critical conservation area is
designated'' before the period at the end;
(4) in subsection (c) (as so redesignated)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) In general.--The Secretary shall identify 1 or more
critical conservation conditions that apply to each critical
conservation area designated under this section after the
date of enactment of the Agricultural Act of 2014 (Public Law
113-79; 128 Stat. 649), including the conservation goals and
outcomes sufficient to demonstrate that progress is being
made to address the critical conservation conditions.'';
(C) in paragraph (2) (as so redesignated)--
(i) by striking subparagraphs (C) and (D) and inserting the
following:
``(C) contains a critical conservation condition; or'';
(ii) by redesignating subparagraph (E) as subparagraph (D);
and
(iii) in subparagraph (D) (as so redesignated), by
inserting ``eligible'' before ``producers''; and
(D) by striking paragraph (3) (as so redesignated) and
inserting the following:
``(3) Review and withdrawal.--The Secretary may--
``(A) review designations of critical conservation areas
under this section not more frequently than once every 5
years; and
``(B) withdraw designation of a critical conservation area
only if the Secretary determines that the area is no longer a
critical conservation area.'';
(5) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Outreach to Eligible Partners and Eligible
Producers.--The Secretary shall provide outreach and
education to eligible partners and eligible producers in
critical conservation areas designated under this section to
encourage the development of projects to address each
critical conservation condition identified by the Secretary
for that critical conservation area.'';
(6) in subsection (e) (as so redesignated)--
(A) in paragraph (1), by striking ``producer'' and
inserting ``program''; and
(B) by striking paragraph (3); and
(7) by adding at the end the following:
``(f) Reports.--Not later than December 31, 2018, and each
year thereafter, the Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the status of each critical
conservation
[[Page S4541]]
condition for each critical conservation area designated
under this section, including--
``(1) the conditions for which each critical conservation
area is designated;
``(2) conservation goals and outcomes sufficient to
demonstrate that progress is being made to address the
critical conservation conditions;
``(3) the partnership agreements selected to address each
conservation goal and outcome; and
``(4) the extent to which each conservation goal and
outcome is being addressed by the partnership agreements.''.
(h) Conforming Amendments.--
(1) Section 1271E of the Food Security Act of 1985 (16
U.S.C. 3871e) (as amended by subsection (f)) is amended--
(A) in subsection (a), by striking ``1271B(d)'' each place
it appears and inserting ``1271B(e)''; and
(B) in subsection (b)(5), in the matter preceding
subparagraph (A), by striking ``1271C(b)(2)'' and inserting
``1271C(d)''.
(2) Section 1271F of the Food Security Act of 1985 (16
U.S.C. 3871f) is amended in subsection (b) (as redesignated
by subsection (g)(1)) by striking ``1271D(d)(3)'' and
inserting ``1271D(d)(2)''.
SEC. 2412. WETLAND CONVERSION.
Section 1221(d) of the Food Security Act of 1985 (16 U.S.C.
3821(d)) is amended--
(1) by striking ``Except as'' and inserting the following:
``(1) In general.--Except as''; and
(2) by adding at the end the following:
``(2) Duty of the secretary.--No person shall become
ineligible under paragraph (1) if the Secretary determines
that an exemption under section 1222(b) applies to that
person.''.
SEC. 2413. DELINEATION OF WETLANDS.
(a) Identification of Minimal Effect Exemptions.--Section
1222(d) of the Food Security Act of 1985 (16 U.S.C. 3822(d))
is amended--
(1) in the first sentence, by striking ``For purposes'' and
inserting the following:
``(1) In general.--For purposes''; and
(2) in paragraph (1) (as so designated)--
(A) in the first sentence, by inserting ``not later than 1
year after the date of enactment of the Agriculture
Improvement Act of 2018, in accordance with paragraph (2),''
before ``the Secretary''; and
(B) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(2) Requirements.--The Secretary shall carry out
paragraph (1)--
``(A) in compliance with applicable Federal environmental
laws, including the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(B) in accordance with subsections (d) and (e) of section
12.31 of title 7, Code of Federal Regulations (as in effect
on the date of enactment of the Agriculture Improvement Act
of 2018); and
``(C) in consultation with--
``(i) State technical committees established under section
1261(a);
``(ii) State wildlife and water resource agencies;
``(iii) the Director of the United States Fish and Wildlife
Service;
``(iv) State Committees of the Farm Service Agency; and
``(v) agricultural commodity organizations.
``(3) Training of employees.--The Secretary''.
(b) Mitigation Banking.--Section 1222(k)(1) of the Food
Security Act of 1985 (16 U.S.C. 3822(k)(1)) is amended by
striking subparagraph (B) and inserting the following:
``(B) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
paragraph $5,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 2414. EMERGENCY CONSERVATION PROGRAM.
(a) Watershed Protection Program.--Section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) is amended--
(1) in the section heading, by striking ``measures'' and
inserting ``watershed protection program''; and
(2) in subsection (a), by inserting ``watershed
protection'' after ``emergency''.
(b) Payment Limitations.--Title IV of the Agricultural
Credit Act of 1978 is amended by inserting after section 403
(16 U.S.C. 2203) the following:
``SEC. 403A. PAYMENT LIMITATION.
``The maximum payment made under the emergency conservation
program to an agricultural producer under this title may not
exceed $500,000.''.
(c) Funding and Administration.--Section 404 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2204) is amended--
(1) in the fourth sentence, by striking ``The Corporation''
and inserting the following:
``(d) Limitation.--The Commodity Credit Corporation'';
(2) in the third sentence, by striking ``In implementing
the provisions of'' and inserting the following:
``(c) Use of Commodity Credit Corporation.--In
implementing'';
(3) by striking the second sentence;
(4) by striking the section designation and all that
follows through ``There are authorized'' in the first
sentence and inserting the following:
``SEC. 404. FUNDING AND ADMINISTRATION.
``(a) Authorization of Appropriations.--There are
authorized'';
(5) in subsection (a) (as so designated), by inserting ``,
to remain available until expended'' before the period at the
end; and
(6) by inserting after subsection (a) (as so designated)
the following:
``(b) Set-aside for Fencing.--Of the amounts made available
under subsection (a) for a fiscal year, 25 percent shall be
set aside until April 1 of that fiscal year for the repair or
replacement of fencing.''.
SEC. 2415. WATERSHED PROTECTION AND FLOOD PREVENTION.
Section 10 of the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1007) is amended by striking the section
designation and all that follows through ``No appropriation''
in the second sentence and inserting the following:
``SEC. 10. FUNDING.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this Act $200,000,000 for
each of fiscal years 2019 through 2023.
``(b) Limitations.--No appropriation''.
SEC. 2416. SMALL WATERSHED REHABILITATION PROGRAM.
Section 14(h)(2) of the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1012(h)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) $20,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 2417. REPEAL OF CONSERVATION CORRIDOR DEMONSTRATION
PROGRAM.
(a) In General.--Subtitle G of title II of the Farm
Security and Rural Investment Act of 2002 (16 U.S.C. 3801
note; Public Law 107-171) is repealed.
(b) Conforming Amendment.--Section 5059 of the Water
Resources Development Act of 2007 (16 U.S.C. 3801 note;
Public Law 110-114) is repealed.
SEC. 2418. REPEAL OF CRANBERRY ACREAGE RESERVE PROGRAM.
Section 10608 of the Farm Security and Rural Investment Act
of 2002 (16 U.S.C. 3801 note; Public Law 107-171) is
repealed.
SEC. 2419. REPEAL OF NATIONAL NATURAL RESOURCES FOUNDATION.
Subtitle F of title III of the Federal Agriculture
Improvement and Reform Act of 1996 (16 U.S.C. 5801 et seq.)
is repealed.
SEC. 2420. REPEAL OF FLOOD RISK REDUCTION.
Section 385 of the Federal Agriculture Improvement and
Reform Act of 1996 (7 U.S.C. 7334) is repealed.
SEC. 2421. REPEAL OF STUDY OF LAND USE FOR EXPIRING CONTRACTS
AND EXTENSION OF AUTHORITY.
Section 1437 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 3831 note; Public Law 101-624)
is repealed.
SEC. 2422. REPEAL OF INTEGRATED FARM MANAGEMENT PROGRAM
OPTION.
Section 1451 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5822) is repealed.
SEC. 2423. REPEAL OF CLARIFICATION OF DEFINITION OF
AGRICULTURAL LANDS.
Section 325 of the Federal Agriculture Improvement and
Reform Act of 1996 (Public Law 104-127; 110 Stat. 992) is
repealed.
SEC. 2424. RESOURCE CONSERVATION AND DEVELOPMENT PROGRAM.
Section 1537 of the Agriculture and Food Act of 1981 (16
U.S.C. 3460) is amended to read as follows:
``SEC. 1537. TERMINATION OF EFFECTIVENESS.
``The authority provided by this subtitle terminates
effective October 1, 2023.''.
SEC. 2425. WILDLIFE MANAGEMENT.
(a) In General.--The Secretary and the Secretary of the
Interior shall continue to carry out the Working Lands for
Wildlife model of conservation on working landscapes, as
implemented on the day before the date of enactment of this
Act, in accordance with--
(1) the document entitled ``Partnership Agreement Between
the United States Department of Agriculture Natural Resources
Conservation Service and the United States Department of the
Interior Fish and Wildlife Service'', numbered A-3A75-16-937,
and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Service on
August 4, 2016, as in effect on September 15, 2016; and
(2) United States Fish and Wildlife Service Director's
Order No. 217, dated August 9, 2016, as in effect on August
9, 2016.
(b) Expansion of Model.--The Secretary and the Secretary of
the Interior may expand the conservation model described in
subsection (a) through a new partnership agreement between
the Farm Service Agency and the United States Fish and
Wildlife Service for the purpose of carrying out conservation
activities for species conservation.
(c) Extension of Period of Regulatory Predictability.--
(1) Definition of period of regulatory predictability.--In
this subsection, the term ``period of regulatory
predictability'' means the period of regulatory
predictability under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) initially determined in accordance with
the document and order described in paragraphs (1) and (2),
respectively, of subsection (a).
(2) Extension.--After the period of regulatory
predictability, on request of the Secretary, the Secretary of
the Interior, acting through the Director of the United
States Fish and Wildlife Service, may provide additional
consultation under section 7(a)(2) of
[[Page S4542]]
the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)), or
additional conference under section 7(a)(4) of that Act (16
U.S.C. 1536(a)(4)), as applicable, with the Chief of the
Natural Resources Conservation Service or the Administrator
of the Farm Service Agency, as applicable, to extend the
period of regulatory predictability.
(d) Regulatory Certainty.--Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) is amended by adding at
the end the following:
``(n) Regulatory Certainty.--
``(1) In general.--In addition to technical and
programmatic information that the Secretary is otherwise
authorized to provide, on request of a Federal agency, a
State, an Indian tribe, or a unit of local government, the
Secretary may provide technical and programmatic
information--
``(A) subject to paragraph (2), to the Federal agency,
State, Indian tribe, or unit of local government to support
specifically the development of mechanisms that would provide
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurances to a
farmer, rancher, or private nonindustrial forest landowner
under a regulatory requirement--
``(i) that relates to soil, water, or wildlife; and
``(ii) over which that Federal agency, State, Indian tribe,
or unit of local government has authority; and
``(B) relating to conservation practices or activities that
could be implemented by a farmer, rancher, or private
nonindustrial forest landowner to address a targeted soil,
water, or wildlife resource concern that is the direct
subject of a regulatory requirement enforced by that Federal
agency, State, Indian tribe, or unit of local government, as
applicable.
``(2) Mechanisms.--The Secretary shall only provide
additional technical and programmatic information under
paragraph (1) if the mechanisms to be developed by the
Federal agency, State, Indian tribe, or unit of local
government, as applicable, under paragraph (1)(A) are
anticipated to include, at a minimum--
``(A) the implementation of 1 or more conservation
practices or activities that effectively addresses the soil,
water, or wildlife resource concern identified under
paragraph (1);
``(B) the on-site confirmation that the applicable
conservation practices or activities identified under
subparagraph (A) have been implemented;
``(C) a plan for a periodic audit, as appropriate, of the
continued implementation or maintenance of each of the
conservation practices or activities identified under
subparagraph (A); and
``(D) notification to a farmer, rancher, or private
nonindustrial forest landowner of, and an opportunity to
correct, any noncompliance with a requirement to obtain
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurance.
``(3) Continuing current collaboration on soil, water, or
wildlife conservation practices.--The Secretary shall--
``(A) continue collaboration with Federal agencies, States,
Indian tribes, or local units of government on existing
regulatory certainty, regulatory predictability, safe harbor
protection, or other similar regulatory assurances in
accordance with paragraph (2); and
``(B) continue collaboration with the Secretary of the
Interior on consultation under section 7(a)(2) of the
Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) or
conference under section 7(a)(4) of that Act (16 U.S.C.
1536(a)(4)), as applicable, for wildlife conservation
efforts, including the Working Lands for Wildlife model of
conservation on working landscapes, as implemented on the day
before the date of enactment of the Agriculture Improvement
Act of 2018, in accordance with--
``(i) the document entitled `Partnership Agreement Between
the United States Department of Agriculture Natural Resources
Conservation Service and the United States Department of the
Interior Fish and Wildlife Service', numbered A-3A75-16-937,
and formalized by the Chief of the Natural Resources
Conservation Service on September 15, 2016, and by the
Director of the United States Fish and Wildlife Service on
August 4, 2016, as in effect on September 15, 2016; and
``(ii) United States Fish and Wildlife Service Director's
Order No. 217, dated August 9, 2016, as in effect on August
9, 2016.
``(4) Savings clause.--Nothing in this subsection--
``(A) preempts, displaces, or supplants any authority or
right of a Federal agency, a State, an Indian tribe, or a
unit of local government;
``(B) modifies or otherwise affects, preempts, or
displaces--
``(i) any cause of action; or
``(ii) a provision of Federal or State law establishing a
remedy for a civil or criminal cause of action; or
``(C) applies to a case in which the Department of
Agriculture is the originating agency requesting a
consultation or other technical and programmatic information
or assistance from another Federal agency in assisting
farmers, ranchers, or nonindustrial private forest landowners
participating in a conservation program administered by the
Secretary.''.
SEC. 2426. HEALTHY FORESTS RESERVE PROGRAM.
(a) Purposes.--Section 501(a) of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6571(a)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) to conserve forest land that provides habitat for
species described in section 502(b)(2).''.
(b) Eligibility.--Section 502 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6572) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``private land'' and all
that follows through ``which will'' and inserting ``private
land, including private forest land or land being restored to
forest, the enrollment of which will maintain,''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``private land'' and all that follows through ``which will''
and inserting ``private land, including private forest land
or land being restored to forest, the enrollment of which
will maintain,'';
(ii) by striking subparagraph (B) and inserting the
following:
``(B)(i) are candidates for such listing, State-listed
species, or special concern species; or
``(ii) are deemed a species of greatest conservation need
under a State wildlife action plan.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) conserve forest land that provides habitat for
species described in section 502(b)(2).'';
(3) in subsection (e)--
(A) by striking paragraph (2);
(B) by redesignating paragraph (3) as paragraph (2); and
(C) in paragraph (2)(B) (as redesignated by subparagraph
(A))--
(i) in clause (ii), by striking ``or'' at the end; and
(ii) by striking clause (iii) and inserting the following:
``(iii) a permanent easement; or
``(iv) any combination of the options described in clauses
(i), (ii), and (iii).''; and
(4) in subsection (f)(1)(B), by striking clause (ii) and
inserting the following:
``(ii)(I) are candidates for such listing, State-listed
species, or special concern species; or
``(II) are deemed a species of greatest conservation need
under a State wildlife action plan.''.
(c) Restoration Plans.--Section 503(b) of the Healthy
Forests Restoration Act of 2003 (16 U.S.C. 6573(b)) is
amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking the subsection designation and all that
follows through ``restoration practices'' and inserting the
following:
``(b) Practices and Measures.--
``(1) Definition of practices and measures.--In this
subsection, the term `practices and measures' includes land
management practices, vegetative treatments, structural
practices and measures, practices to improve biological
diversity, practices to increase carbon sequestration, and
other appropriate activities, as determined by the Secretary.
``(2) Restoration plans.--The restoration plan may require
such restoration practices and measures'';
(3) in subparagraph (A) (as redesignated by paragraph (1)),
by striking ``and'' at the end; and
(4) in subparagraph (B) (as redesignated by paragraph (1)),
by striking the period at the end and inserting ``, or a
species deemed a species of greatest conservation need under
a State wildlife action plan.''.
SEC. 2427. WATERSHED PROTECTION.
(a) Watershed Areas.--Section 2 of the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1002) is amended in the
undesignated matter following paragraph (3) by inserting
``(except in cases in which the Secretary determines that the
undertaking is necessary in a larger watershed or
subwatershed in order to address regional drought concerns)''
after ``fifty thousand acres''.
(b) Authority of the Secretary.--Section 3 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1003) is
amended--
(1) by striking the section designation and all that
follows through ``In order to assist'' and inserting the
following:
``SEC. 3. ASSISTANCE TO LOCAL ORGANIZATIONS.
``(a) In General.--In order to assist''; and
(2) by adding at the end the following:
``(b) Waiver.--The Secretary may waive the watershed plan
for works of improvement if the Secretary determines the
watershed plan is unnecessary or duplicative.''.
SEC. 2428. SENSE OF CONGRESS RELATING TO INCREASED WATERSHED-
BASED COLLABORATION.
It is the sense of Congress that the Federal Government
should recognize and encourage partnerships at the watershed
level between nonpoint sources and regulated point sources to
advance the goals of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) and provide benefits to farmers,
landowners, and the public.
[[Page S4543]]
SEC. 2429. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAM.
Title XII of the Food Security Act of 1985 (16 U.S.C. 3801
et seq.) is amended by inserting after subtitle E the
following:
``Subtitle F--Other Conservation Provisions
``SEC. 1251. MODIFICATIONS TO CONSERVATION EASEMENT PROGRAM.
``(a) Definition of Covered Program.--In this section, the
term `covered program' means wetland reserve easements under
section 1265C.
``(b) Modifications.--Notwithstanding any other provision
of law applicable to the covered program, subject to
subsection (c), if requested by the landowner, the Secretary
shall--
``(1) allow land enrolled in the covered program to be--
``(A) modified for water management, general maintenance,
vegetative cover control, wildlife habitat management, or any
other purpose, subject to the condition that the modification
shall be approved jointly by--
``(i) the State department of natural resources (or
equivalent State agency); and
``(ii) the technical committee established under section
1261(a) of the State; or
``(B) exchanged for land that has equal or greater
conservation, wildlife, ecological, and economic values, as
determined by the Secretary; and
``(2) provide for the modification of an easement under the
covered program if the Secretary determines that the
modification--
``(A) would facilitate the practical administration and
management of the land covered by the easement; and
``(B) would not adversely affect the functions and values
for which the easement was established.
``(c) Requirements.--
``(1) No effect on enrolled acreage, ecological functions
and values.--A modification or exchange under subsection (b)
shall not--
``(A) result in a net loss of acreage enrolled in the
covered program; or
``(B) adversely affect any ecological or conservation
function or value for which the applicable easement was
established.
``(2) Exchanged acres.--Any land for which an exchange is
made under subsection (b) shall satisfy all requirements for
enrollment in the covered program.
``(3) Restriction on payments.--In modifying any easement
under the covered program, the Secretary shall not increase
any payment to any party to the easement.
``(d) Costs.--A party to an easement under the covered
program that requests a modification or exchange under
subsection (b) shall be responsible for all costs of the
modification or exchange, including--
``(1) an appraisal to determine whether the economic value
of the land for which an exchange is made under subsection
(b) is equal to or greater than the value of the land removed
from the covered program;
``(2) the repayment of the costs paid by the Secretary for
any restoration of land removed from the covered program;
``(3) if applicable, a survey of property boundaries,
including review and approval by the applicable agency;
``(4) preparation and recording in accordance with standard
real estate practices of any exchange, including requirements
for title approval by the Secretary, subordination of liens,
and amended warranty easement deed recording; and
``(5) any applicable recording and legal fees.''.
Subtitle E--Funding and Administration
SEC. 2501. FUNDING.
(a) In General.--Section 1241(a) of the Food Security Act
of 1985 (16 U.S.C. 3841(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``2018 (and fiscal year 2019 in the case of the program
specified in paragraph (5))'' and inserting ``2023'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``$10,000,000 for the
period of fiscal years 2014 through 2018'' and inserting
``$11,000,000 for the period of fiscal years 2019 through
2023''; and
(B) in subparagraph (B)--
(i) by striking ``$33,000,000 for the period of fiscal
years 2014 through 2018'' and inserting ``$50,000,000 for the
period of fiscal years 2019 through 2023, including not more
than $5,000,000 to provide outreach and technical
assistance,''; and
(ii) by striking ``retired or retiring owners and
operators'' and inserting ``contract holders'';
(3) in paragraph (2), by striking subparagraphs (A) through
(E) and inserting the following:
``(A) $400,000,000 for each of fiscal years 2019 through
2021;
``(B) $425,000,000 for fiscal year 2022; and
``(C) $450,000,000 for fiscal year 2023.''; and
(4) in paragraph (5), by striking subparagraphs (A) through
(E) and inserting the following:
``(A) $1,473,000,000 for fiscal year 2019;
``(B) $1,478,000,000 for fiscal year 2020;
``(C) $1,541,000,000 for fiscal year 2021;
``(D) $1,571,000,000 for fiscal year 2022; and
``(E) $1,595,000,000 for fiscal year 2023.''.
(b) Availability of Funds.--Section 1241(b) of the Food
Security Act of 1985 (16 U.S.C. 3841(b)) is amended by
striking ``2018 (and fiscal year 2019 in the case of the
program specified in subsection (a)(5))'' and inserting
``2023''.
(c) Allocations Review and Update.--Section 1241(g) of the
Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended by
striking ``Review and Update'' in the subsection heading and
all that follows through ``The Secretary'' in paragraph (2)
and inserting ``Update.--The Secretary''.
(d) Assistance to Certain Farmers or Ranchers for
Conservation Access.--Section 1241(h)(1) of the Food Security
Act of 1985 (16 U.S.C. 3841(h)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``2018'' and inserting ``2023''; and
(2) by striking ``5 percent'' each place it appears and
inserting ``15 percent''.
(e) Conservation Standards and Requirements.--Section 1241
of the Food Security Act of 1985 (16 U.S.C. 3841) is amended
by adding at the end the following:
``(j) Conservation Standards and Requirements.--
``(1) In general.--Subject to the requirements of this
title, the Natural Resources Conservation Service shall serve
as the lead agency in developing and establishing technical
standards and requirements for conservation programs carried
out under this title, including--
``(A) standards for conservation practices under this
title;
``(B) technical guidelines for implementing conservation
practices under this title, including the location of the
conservation practices;
``(C) standards for conservation plans; and
``(D) payment rates for conservation practices and
activities under programs carried out under this title.
``(2) Consistency of farm service agency standards.--The
Administrator of the Farm Service Agency shall ensure that
the standards and requirements of programs administered by
the Farm Service Agency incorporate and are consistent with
the standards and requirements established by the Natural
Resources Conservation Service under paragraph (1).
``(3) Local flexibility.--The Secretary shall establish a
procedure to allow, on request of a State committee of the
Farm Service Agency or a State technical committee
established under section 1261(a) to modify any standard or
requirement established under paragraph (1), that
modification if the modification--
``(A) addresses a specific and local natural resource
concern;
``(B) is based on science; and
``(C) maintains the conservation benefits of the standards
and requirements established under paragraph (1).''.
SEC. 2502. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C.
3842) is amended--
(1) in subsection (a)--
(A) by striking the subsection designation and heading and
all that follows through ``the term'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Eligible participant.--The term''; and
(B) by adding at the end the following:
``(2) Third-party provider.--The term `third-party
provider' means a commercial entity (including a farmer
cooperative, agriculture retailer, or other commercial
entity, as determined by the Secretary), a nonprofit entity,
a State, a unit of local government (including a conservation
district), or a Federal agency, that has expertise in the
technical aspect of conservation planning, including nutrient
management planning, watershed planning, or environmental
engineering.'';
(2) in subsection (e), by adding at the end the following:
``(4) Certification process.--The Secretary shall certify a
third-party provider through--
``(A) a certification process administered by the
Secretary, acting through the Chief of the Natural Resources
Conservation Service; or
``(B) a non-Federal entity approved by the Secretary to
perform the certification.
``(5) Streamlined certification.--The Secretary shall
provide a streamlined certification process for a third-party
provider that has an appropriate specialty certification,
including a sustainability specialty certification and a 4R
nutrient management specialty certification from the American
Society of Agronomy.''; and
(3) in subsection (h)--
(A) by striking paragraph (3) and inserting the following:
``(3) Expedited revision of standards.--Not later than 1
year after the date of enactment of the Agriculture
Improvement Act of 2018, the Secretary shall develop an
administrative process for--
``(A) expediting the establishment and revision of
conservation practice standards; and
``(B) considering conservation innovations with respect to
any establishment or revision under subparagraph (A).
``(4) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, and
every 2 years thereafter, the Secretary shall submit to
Congress a report on--
``(A) the administrative process developed under paragraph
(3);
``(B) conservation practice standards that were established
or revised under that process; and
[[Page S4544]]
``(C) conservation innovations that were considered under
that process.''.
SEC. 2503. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION
PROGRAMS.
(a) Incentives for Acequias.--Section 1244(a) of the Food
Security Act of 1985 (16 U.S.C. 3844(a)) is amended--
(1) in the subsection heading, by striking ``Ranchers and
Indian Tribes'' and inserting ``Ranchers, Indian Tribes, and
Acequias''; and
(2) in paragraph (2), by adding at the end the following:
``(F) Acequias.''.
(b) Acreage Limitations.--Section 1244(f) of the Food
Security Act of 1985 (16 U.S.C. 3844(f)) is amended--
(1) in paragraph (1)(B), by striking ``10'' and inserting
``15''; and
(2) in paragraph (5), by striking ``the Agricultural Act of
2014'' and inserting ``the Agriculture Improvement Act of
2018''.
(c) Funding for Indian Tribes.--Section 1244(l) of the Food
Security Act of 1985 (16 U.S.C. 3844(l)) is amended by
striking ``may'' and inserting ``shall''.
(d) Exemption From Certain Reporting Requirements.--Section
1244(m) of the Food Security Act of 1985 (16 U.S.C. 3844(m))
is amended--
(1) in paragraph (1), by inserting ``or commodity'' after
``conservation''; and
(2) in paragraph (2), by inserting ``or the Farm Service
Agency'' before the period at the end.
(e) Source Water Protection.--Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) (as amended by section
2425(d)) is amended by adding at the end the following:
``(o) Source Water Protection.--
``(1) In general.--In carrying out the conservation
stewardship program under subchapter B of chapter 2 of
subtitle D and the environmental quality incentives program
under chapter 4 of subtitle D, the Secretary shall encourage
water quality and water quantity practices that--
``(A) protect sources of potable water, including
protecting against public health threats; and
``(B) mutually benefit agricultural producers.
``(2) Collaboration and payments.--In encouraging practices
under paragraph (1), the Secretary shall--
``(A) work collaboratively with drinking water utilities,
community water systems, and State technical committees
established under section 1261 to identify local priority
areas for the protection of source waters for drinking water;
and
``(B) subject to limitations under the programs described
in paragraph (1), provide payment rates to producers for
water quality practices or enhancements that primarily result
in off-farm benefit at a rate sufficient to encourage greater
adoption of those practices or enhancements by producers.''.
(f) Payments Made to Acequias.--Section 1244 of the Food
Security Act of 1985 (16 U.S.C. 3844) (as amended by
subsection (e)) is amended by adding at the end the
following:
``(p) Payments Made to Acequias.--
``(1) Waiver authority.--The Secretary may waive the
applicability of the limitations in section 1001D(b) or
section 1240G for a payment made under a contract under this
title entered into with an acequia if the Secretary
determines that the waiver is necessary to fulfill the
objectives of the project under the contract.
``(2) Contract limitations.--If the Secretary grants a
waiver under paragraph (1), the Secretary shall impose a
separate payment limitation, as determined by the Secretary,
for the contract to which the waiver applies.''.
SEC. 2504. DEFINITION OF ACEQUIA.
(a) In General.--Section 1201(a) of the Food Security Act
of 1985 (16 U.S.C. 3801(a)) is amended--
(1) by redesignating paragraphs (1) through (27) as
paragraphs (2) through (28), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Acequia.--The term `acequia' means an entity that--
``(A) is a political subdivision of a State;
``(B) is organized for the purpose of managing the
operation of an irrigation ditch; and
``(C) does not have the authority to impose taxes or
levies.''; and
(3) in paragraph (19)(B) (as so redesignated), by inserting
``acequia,'' before ``or other''.
(b) Conforming Amendments.--Section 363 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2006e) is amended--
(1) by striking ``section 1201(a)(16)'' and inserting
``section 1201(a)''; and
(2) by striking ``(16 U.S.C. 3801(a)(16))'' and inserting
``(16 U.S.C. 3801(a))''.
SEC. 2505. AUTHORIZATION OF APPROPRIATIONS FOR WATER BANK
PROGRAM.
Section 11 of the Water Bank Act (16 U.S.C. 1310) is
amended--
(1) in the first sentence, by striking ``without fiscal
year'' and all that follows through ``necessary'' and
inserting ``$5,000,000 for each of fiscal years 2019 through
2023, to remain available until expended,''; and
(2) by striking the second sentence.
SEC. 2506. REPORT ON LAND ACCESS, TENURE, AND TRANSITION.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Agriculture, in consultation with the
Chief Economist, shall submit to Congress and make publicly
available a report identifying--
(1) the barriers that prevent or hinder the ability of
beginning farmers and ranchers and historically underserved
producers to acquire or access farmland;
(2) the extent to which Federal programs, including
agricultural conservation easement programs, land transition
programs, and financing programs, are improving--
(A) farmland access and tenure for beginning farmers and
ranchers and historically underserved producers; and
(B) farmland transition and succession; and
(3) the regulatory, operational, or statutory changes that
are necessary to improve--
(A) the ability of beginning farmers and ranchers and
historically underserved producers to acquire or access
farmland;
(B) farmland tenure for beginning farmers and ranchers and
historically underserved producers; and
(C) farmland transition and succession.
SEC. 2507. REPORT ON SMALL WETLANDS.
(a) In General.--The Chief of the Natural Resources
Conservation Service shall submit to Congress a report
describing the number of wetlands with an area not more than
1 acre that have been delineated in each of the States of
North Dakota, South Dakota, Minnesota, and Iowa.
(b) Requirement.--In the report under subsection (a), the
Chief of the Natural Resources Conservation Service shall
list the number of wetlands acres in each State described in
the report by tenths of an acre, and ensure the report is
based on based available science.
SEC. 2508. STATE TECHNICAL COMMITTEES.
Section 1262(c) of the Food Security Act of 1985 (16 U.S.C.
3862(c)) is amended by adding at the end the following:
``(3) Recommendations to secretary.--Each State technical
committee shall regularly review new and innovative
technologies and practices, including processes to conserve
water and improve water quality and quantity, and make
recommendations to the Secretary for further consideration of
and possible development of conservation practice standards
that incorporate those technologies and practices.''.
Subtitle F--Technical Corrections
SEC. 2601. FARMABLE WETLAND PROGRAM.
Section 1231B(b)(2)(A)(i) of the Food Security Act of 1985
(16 U.S.C. 3831b(b)(2)(A)(i)) is amended by adding a
semicolon at the end.
SEC. 2602. REPORT ON PROGRAM ENROLLMENTS AND ASSISTANCE.
Section 1241(i) of the Food Security Act of 1985 (16 U.S.C.
3841(i)) is amended--
(1) by striking paragraphs (2) and (4); and
(2) by redesignating paragraphs (3), (5), and (6) as
paragraphs (2), (3), and (4), respectively.
SEC. 2603. DELIVERY OF TECHNICAL ASSISTANCE.
Section 1242 of the Food Security Act of 1985 (16 U.S.C.
3842) is amended in subsections (e)(3)(B) and (f)(4) by
striking ``third party'' each place it appears and inserting
``third-party''.
SEC. 2604. STATE TECHNICAL COMMITTEES.
Section 1261(b)(2) of the Food Security Act of 1985 (16
U.S.C. 3861(b)(2)) is amended by striking ``under section
1262(b)''.
TITLE III--TRADE
Subtitle A--Food for Peace Act
SEC. 3101. FOOD AID QUALITY.
Section 202(h)(3) of the Food for Peace Act (7 U.S.C.
1722(h)(3)) is amended by striking ``2014 through 2018'' and
inserting ``2019 through 2023''.
SEC. 3102. GENERATION AND USE OF CURRENCIES BY PRIVATE
VOLUNTARY ORGANIZATIONS AND COOPERATIVES.
Section 203 of the Food for Peace Act (7 U.S.C. 1723) is
amended by striking subsection (b) and inserting the
following:
``(b) Local Sales.--In carrying out agreements of the type
referred to in subsection (a), the Administrator may permit
private voluntary organizations and cooperatives to sell, in
1 or more recipient countries, or in 1 or more countries in
the same region, commodities distributed under nonemergency
programs under this title for each fiscal year to generate
proceeds to be used as provided in this section.''.
SEC. 3103. MINIMUM LEVELS OF ASSISTANCE.
Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a))
is amended in paragraphs (1) and (2) by striking ``2018''
each place it appears and inserting ``2023''.
SEC. 3104. FOOD AID CONSULTATIVE GROUP.
Section 205 of the Food for Peace Act (7 U.S.C. 1725) is
amended--
(1) in subsection (d)(1), in the first sentence, by
striking ``45'' and inserting ``30''; and
(2) in subsection (f), by striking ``2018'' and inserting
``2023''.
SEC. 3105. OVERSIGHT, MONITORING, AND EVALUATION.
Section 207(f)(4) of the Food for Peace Act (7 U.S.C.
1726a(f)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$17,000,000'' and inserting ``1.5
percent, but not less than $17,000,000,''; and
(B) by striking ``2018'' each place it appears and
inserting ``2023''; and
(2) in subparagraph (B)(i), by striking ``2018'' and
inserting ``2023''.
SEC. 3106. ASSISTANCE FOR STOCKPILING AND RAPID
TRANSPORTATION, DELIVERY, AND DISTRIBUTION OF
SHELF-STABLE PREPACKAGED FOODS.
Section 208(f) of the Food for Peace Act (7 U.S.C.
1726b(f)) is amended by striking ``2018'' and inserting
``2023''.
[[Page S4545]]
SEC. 3107. ALLOWANCE OF DISTRIBUTION COSTS.
Section 406(b)(6) of the Food for Peace Act (7 U.S.C.
1736(b)(6)) is amended by striking ``distribution costs'' and
inserting ``distribution costs, including the types of
activities for which costs were paid under this subsection
prior to fiscal year 2017''.
SEC. 3108. PREPOSITIONING OF AGRICULTURAL COMMODITIES.
Section 407(c)(4)(A) of the Food for Peace Act (7 U.S.C.
1736a(c)(4)(A)) is amended by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3109. ANNUAL REPORT REGARDING FOOD AID PROGRAMS AND
ACTIVITIES.
Section 407(f)(1)(A) of the Food for Peace Act (7 U.S.C.
1736a(f)(1)(A)) is amended--
(1) by inserting ``or each separately'' after ``jointly'';
and
(2) by inserting ``by the Administrator, the Secretary, or
both, as applicable,'' after ``Act''.
SEC. 3110. DEADLINE FOR AGREEMENTS TO FINANCE SALES OR TO
PROVIDE OTHER ASSISTANCE.
Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3111. NONEMERGENCY FOOD ASSISTANCE.
Section 412(e) of the Food for Peace Act (7 U.S.C.
1736f(e)) is amended--
(1) in the subsection heading, by striking ``Minimum Level
of'';
(2) in paragraph (1), by striking ``2018'' and inserting
``2023'';
(3) in paragraph (2), by striking ``$350,000,000'' and
inserting ``$365,000,000''; and
(4) by adding at the end the following:
``(3) Farmer-to-farmer program.--In determining the amount
expended for a fiscal year for nonemergency food assistance
programs under paragraphs (1) and (2), amounts expended for
that year to carry out programs under section 501 may be
considered amounts expended for those nonemergency food
assistance programs.
``(4) Community development funds.--In determining the
amount expended for a fiscal year for nonemergency food
assistance programs under paragraphs (1) and (2), amounts
expended for that year from funds appropriated to carry out
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
et seq.) may be considered amounts expended for those
nonemergency food assistance programs if the funds are made
available through grants or cooperative agreements that--
``(A) strengthen food security in developing countries; and
``(B) are consistent with the goals of title II.''.
SEC. 3112. MICRONUTRIENT FORTIFICATION PROGRAMS.
Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g-
2(c)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 3113. JOHN OGONOWSKI AND DOUG BEREUTER FARMER-TO-FARMER
PROGRAM.
Section 501 of the Food for Peace Act (7 U.S.C. 1737) is
amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by inserting
``section 1342 of title 31, United States Code, or'' after
``Notwithstanding''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by inserting ``employees or staff of a State cooperative
institution (as defined in subparagraphs (A) through (D) of
section 1404(18) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(18)),'' after ``private corporations,'';
(2) in subsection (d), in the matter preceding paragraph
(1), by striking ``2018'' and inserting ``2023''; and
(3) in subsection (e)(1), in the matter preceding
subparagraph (A), by striking ``2018'' and inserting
``2023''.
Subtitle B--Agricultural Trade Act of 1978
SEC. 3201. PRIORITY TRADE PROMOTION, DEVELOPMENT, AND
ASSISTANCE.
(a) In General.--Title II of the Agricultural Trade Act of
1978 (7 U.S.C. 5621 et seq.) is amended by adding at the end
the following:
``Subtitle C--Priority Trade Promotion, Development, and Assistance
``SEC. 221. ESTABLISHMENT.
``The Secretary shall carry out activities under this
subtitle--
``(1) to access, develop, maintain, and expand markets for
United States agricultural commodities; and
``(2) to promote cooperation and the exchange of
information.
``SEC. 222. MARKET ACCESS PROGRAM.
``(a) In General.--The Commodity Credit Corporation shall
establish and carry out a program to encourage the
development, maintenance, and expansion of commercial export
markets for agricultural commodities (including commodities
that are organically produced (as defined in section 2103 of
the Organic Foods Production Act of 1990 (7 U.S.C. 6502)))
through cost-share assistance to eligible trade organizations
that implement a foreign market development program.
``(b) Type of Assistance.--Assistance under this section
may be provided in the form of funds of, or commodities owned
by, the Commodity Credit Corporation, as determined
appropriate by the Secretary.
``(c) Requirements for Participation.--To be eligible for
cost-share assistance under this section, an organization
shall--
``(1) be an eligible trade organization;
``(2) prepare and submit a marketing plan to the Secretary
that meets the guidelines governing such plans established by
the Secretary; and
``(3) meet any other requirements established by the
Secretary.
``(d) Eligible Trade Organizations.--An eligible trade
organization shall be--
``(1) a United States agricultural trade organization or
regional State-related organization that--
``(A) promotes the export and sale of agricultural
commodities; and
``(B) does not stand to profit directly from specific sales
of agricultural commodities;
``(2) a cooperative organization or State agency that
promotes the sale of agricultural commodities; or
``(3) a private organization that promotes the export and
sale of agricultural commodities if the Secretary determines
that such organization would significantly contribute to
United States export market development.
``(e) Approved Marketing Plan.--
``(1) In general.--A marketing plan submitted by an
eligible trade organization under this section shall describe
the advertising or other market oriented export promotion
activities to be carried out by the eligible trade
organization with respect to which assistance under this
section is being requested.
``(2) Requirements.--To be approved by the Secretary, a
marketing plan submitted under this subsection shall--
``(A) specifically describe the manner in which assistance
received by the eligible trade organization in conjunction
with funds and services provided by the eligible trade
organization will be expended in implementing the marketing
plan;
``(B) establish specific market goals to be achieved as a
result of the market access program; and
``(C) contain any additional requirements that the
Secretary determines to be necessary.
``(3) Amendments.--A marketing plan may be amended by the
eligible trade organization at any time, with the approval of
the Secretary.
``(4) Branded promotion.--An agreement entered into under
this section may provide for the use of branded advertising
to promote the sale of agricultural commodities in a foreign
country under such terms and conditions as may be established
by the Secretary.
``(f) Other Terms and Conditions.--
``(1) Multiyear basis.--The Secretary may provide
assistance under this section on a multiyear basis, subject
to annual review by the Secretary for compliance with the
approved marketing plan.
``(2) Termination of assistance.--The Secretary may
terminate any assistance made, or to be made, available under
this section if the Secretary determines that--
``(A) the eligible trade organization is not adhering to
the terms and conditions of the program established under
this section;
``(B) the eligible trade organization is not implementing
the approved marketing plan or is not adequately meeting the
established goals of the market access program;
``(C) the eligible trade organization is not adequately
contributing its own resources to the market access program;
or
``(D) the Secretary determines that termination of
assistance in a particular instance is in the best interests
of the program.
``(3) Monitoring and evaluations.--
``(A) Monitoring.--The Secretary shall monitor the
expenditure of funds received under this section by
recipients of those funds.
``(B) Evaluations.--The Secretary shall make evaluations of
the expenditure of funds received under this section,
including--
``(i) an evaluation of the effectiveness of the program in
developing or maintaining markets for United States
agricultural commodities;
``(ii) an evaluation of whether assistance provided under
this section is necessary to maintain markets for United
States agricultural commodities; and
``(iii) a thorough accounting of the expenditure of those
funds by the recipient.
``(C) Initial evaluation.--The Secretary shall make an
initial evaluation of expenditures of a recipient under this
paragraph not later than 15 months after the initial
provision of funds to the recipient.
``(4) Use of funds.--Funds made available to carry out this
section--
``(A) shall not be used to provide direct assistance to any
foreign for-profit corporation for the use of the corporation
in promoting foreign-produced products;
``(B) shall not be used to provide direct assistance to any
for-profit corporation that is not recognized as a small-
business concern described in section 3(a) of the Small
Business Act (15 U.S.C. 632(a)), excluding--
``(i) a cooperative;
``(ii) an association described in the first section of the
Act entitled `An Act to authorize association of producers of
agricultural products', approved February 18, 1922 (7 U.S.C.
291); and
``(iii) a nonprofit trade association; and
``(C) may be used by a United States trade association,
cooperative, or small business for individual branded
promotional activity related to a United States branded
product, if the beneficiaries of the activity have provided
funds for the activity in an amount that is at least
equivalent to the amount of assistance provided under this
section.
``(g) Level of Marketing Assistance.--
[[Page S4546]]
``(1) In general.--The Secretary shall justify in writing
the level of assistance provided to an eligible trade
organization under the program under this section and the
level of cost-sharing required of the organization.
``(2) Limitation.--
``(A) In general.--Except as provided in subparagraph (B),
assistance provided under this section for activities
described in subsection (e)(4) shall not exceed 50 percent of
the cost of implementing the marketing plan.
``(B) Action by united states trade representative.--
``(i) In general.--The Secretary may determine not to apply
the limitation described in subparagraph (A) in the case of
agricultural commodities with respect to which there has been
a favorable decision by the United States Trade
Representative under section 301 of the Trade Act of 1974 (19
U.S.C. 2411).
``(ii) Requirement.--Criteria for determining that the
limitation shall not apply under clause (i) shall be
consistent and documented.
``SEC. 223. FOREIGN MARKET DEVELOPMENT COOPERATOR PROGRAM.
``(a) Definition of Eligible Trade Organization.--In this
section, the term `eligible trade organization' means a
United States trade organization that--
``(1) promotes the export of 1 or more United States
agricultural commodities; and
``(2) does not have a business interest in or receive
remuneration from specific sales of agricultural commodities.
``(b) Establishment.--The Secretary shall establish and, in
cooperation with eligible trade organizations, carry out a
foreign market development cooperator program to maintain and
develop foreign markets for United States agricultural
commodities, with a continued significant emphasis on the
importance of the export of value-added United States
agricultural commodities into emerging markets.
``(c) Use of Funds.--Funds made available to carry out this
section shall be used only to provide--
``(1) cost-share assistance to an eligible trade
organization under a contract or agreement with the eligible
trade organization; and
``(2) assistance for other costs that are appropriate to
carry out the foreign market development cooperator program,
including contingent liabilities that are not otherwise
funded.
``SEC. 224. E (KIKA) DE LA GARZA AGRICULTURAL FELLOWSHIP
PROGRAM.
``(a) Definition of Emerging Market.--In this section, the
term `emerging market' means any country, foreign territory,
customs union, or other economic market that the Secretary
determines--
``(1) is taking steps toward a market-oriented economy
through the food, agriculture, or rural business sectors of
the economy of that country, territory, customs union, or
other economic market, as applicable; and
``(2) has the potential to provide a viable and significant
market for United States agricultural commodities.
``(b) Establishment.--The Secretary shall establish a
program, to be known as the `E (Kika) de la Garza
Agricultural Fellowship Program'--
``(1) to develop agricultural markets in emerging markets;
and
``(2) to promote cooperation and exchange of information
between agricultural institutions and agribusinesses in the
United States and emerging markets.
``(c) Development of Agricultural Systems.--
``(1) In general.--
``(A) Establishment of program.--To develop, maintain, or
expand markets for exports of United States agricultural
commodities, the Secretary shall make available to emerging
markets the expertise of the United States--
``(i) to make assessments of food and rural business
systems needs;
``(ii) to make recommendations on measures necessary to
enhance the effectiveness of the food and rural business
systems described in clause (i), including potential
reductions in trade barriers; and
``(iii) to identify and carry out specific opportunities
and projects to enhance the effectiveness of the food and
rural business systems described in clause (i).
``(B) Extent of program.--The Secretary shall implement
this paragraph with respect to at least 3 emerging markets in
each fiscal year.
``(2) Experts from the united states.--The Secretary may
implement paragraph (1) by providing--
``(A) assistance to teams (consisting primarily of
agricultural consultants, agricultural producers, other
persons from the private sector, and government officials
expert in assessing the food and rural business systems of
other countries) to enable those teams to conduct the
assessments, make the recommendations, and identify the
opportunities and projects described in paragraph (1)(A) in
emerging markets;
``(B) necessary subsistence expenses in the United States
and necessary transportation expenses by individuals
designated by emerging markets to enable those individuals to
consult with food and rural business system experts in the
United States to enhance those systems of those emerging
markets;
``(C) necessary subsistence expenses in emerging markets
and necessary transportation expenses of United States food
and rural business system experts, agricultural producers,
and other individuals knowledgeable in agricultural and
agribusiness matters to assist in transferring knowledge and
expertise to entities in emerging markets; and
``(D) necessary subsistence expenses and necessary
transportation expenses of United States food and rural
business system experts, including United States agricultural
producers and other United States individuals knowledgeable
in agriculture and agribusiness matters, and of individuals
designated by emerging markets, to enable those designated
individuals to consult with those United States experts--
``(i) to enhance food and rural business systems of
emerging markets; and
``(ii) to transfer knowledge and expertise to emerging
markets.
``(3) Cost-sharing.--The Secretary shall encourage the
nongovernmental experts described in paragraph (2) to share
the costs of, and otherwise assist in, the participation of
those experts in the program under this subsection.
``(4) Technical assistance.--The Secretary is authorized to
provide, or pay the necessary costs for, technical assistance
(including the establishment of extension services) to enable
individuals or other entities to carry out recommendations,
projects, and opportunities in emerging markets, including
recommendations, projects, and opportunities described in
clauses (ii) and (iii) of paragraph (1)(A).
``(5) Reports to secretary.--A team that receives
assistance under paragraph (2)(A) shall prepare and submit to
the Secretary such reports as the Secretary may require.
``(6) Advisory committee.--To provide the Secretary with
information that may be useful to the Secretary in carrying
out this subsection, the Secretary may establish an advisory
committee composed of representatives of the various sectors
of the food and rural business systems of the United States.
``(7) Effect.--The authority provided under this subsection
shall be in addition to and not in place of any other
authority of the Secretary or the Commodity Credit
Corporation.
``SEC. 225. TECHNICAL ASSISTANCE FOR SPECIALTY CROPS.
``(a) Establishment.--The Secretary of Agriculture shall
establish an export assistance program (referred to in this
section as the `program') to address existing or potential
unique barriers that prohibit or threaten the export of
United States specialty crops.
``(b) Purpose.--The program shall provide direct assistance
through public and private sector projects and technical
assistance, including through the program under section 2(e)
of the Competitive, Special, and Facilities Research Grant
Act (7 U.S.C. 3157(e)), to remove, resolve, or mitigate
existing or potential sanitary and phytosanitary and
technical barriers to trade.
``(c) Priority.--The program shall address time sensitive
and strategic market access projects based on--
``(1) trade effect on market retention, market access, and
market expansion; and
``(2) trade impact.
``(d) Multiyear Projects.--The Secretary may provide
assistance under the program to a project for longer than a
5-year period if the Secretary determines that further
assistance would effectively support the purpose of the
program described in subsection (b).
``(e) Annual Report.--Each year, the Secretary shall submit
to the appropriate committees of Congress a report that
contains, for the period covered by the report, a description
of--
``(1) each factor that affects the export of specialty
crops, including each factor relating to any--
``(A) significant sanitary or phytosanitary issue;
``(B) trade barrier; or
``(C) emerging sanitary or phytosanitary issue or trade
barrier; and
``(2)(A) any funds provided under section 226(c)(4) that
were not obligated in a fiscal year; and
``(B) a description of why the funds described in
subparagraph (A) were not obligated.
``SEC. 226. FUNDING AND ADMINISTRATION.
``(a) Commodity Credit Corporation.--The Secretary shall
use the funds, facilities, and authorities of the Commodity
Credit Corporation to carry out this subtitle.
``(b) Funding Amount.--For each of fiscal years 2019
through 2023, of the funds of, or an equal value of
commodities owned by, the Commodity Credit Corporation, the
Secretary shall use to carry out this subtitle $259,500,000,
to remain available until expended.
``(c) Allocation.--For each of fiscal years 2019 through
2023, the Secretary shall allocate funds to carry out this
subtitle in accordance with the following:
``(1) Market access program.--For market access activities
authorized under section 222, of the funds of, or an equal
value of commodities owned by, the Commodity Credit
Corporation, not less than $200,000,000 for each fiscal year.
``(2) Foreign market development cooperator program.--To
carry out section 223, of the funds of, or an equal value of
commodities owned by, the Commodity Credit Corporation, not
less than $34,500,000 for each fiscal year.
``(3) E (kika) de la garza agricultural fellowship
program.--To provide assistance under section 224, of the
funds of the Commodity Credit Corporation, not more than
$10,000,000 for each fiscal year.
[[Page S4547]]
``(4) Technical assistance for specialty crops.--To carry
out section 225, of the funds of the Commodity Credit
Corporation, not less than $9,000,000 for each fiscal year,
to remain available until expended.
``(5) Priority trade fund.--
``(A) In general.--In addition to the amounts allocated
under paragraphs (1) through (4), and notwithstanding any
limitations in those paragraphs, as determined by the
Secretary, for 1 or more programs under this subtitle for
authorized activities to access, develop, maintain, and
expand markets for United States agricultural commodities,
$6,000,000 for each fiscal year.
``(B) Considerations.--In allocating funds made available
under subparagraph (A), the Secretary may consider providing
a greater allocation to 1 or more programs under this
subtitle for which the amounts requested under applications
exceed available funding for the 1 or more programs.
``(d) Cuba.--Notwithstanding section 908 of the Trade
Sanctions Reform and Export Enhancement Act of 2000 (22
U.S.C. 7207) or any other provision of law, funds made
available under this section may be used to carry out the
programs authorized under sections 222 and 223 in Cuba.
``(e) Authorization for Appropriations.--In addition to any
other amounts provided under this section, there are
authorized to be appropriated such sums as are necessary to
carry out the programs and authorities under subsection
(c)(5) and sections 222 through 225.''.
(b) Conforming Amendments.--
(1) Market access program.--
(A) Section 203 of the Agricultural Trade Act of 1978 (7
U.S.C. 5623) is repealed.
(B) Section 211 of the Agricultural Trade Act of 1978 (7
U.S.C. 5641) is amended by striking subsection (c).
(C) Section 402(a)(1) of the Agricultural Trade Act of 1978
(7 U.S.C. 5662(a)(1)) is amended by striking ``203'' and
inserting ``222''.
(D) Section 282(f)(2)(C) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1638a(f)(2)(C)) is amended by striking
``section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623)'' and inserting ``section 222 of the Agricultural Trade
Act of 1978''.
(E) Section 718 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 1999 (7 U.S.C. 5623 note; Public Law 105-277) is amended
by striking ``section 203 of the Agricultural Trade Act of
1978 (7 U.S.C. 5623)'' and inserting ``section 222 of the
Agricultural Trade Act of 1978''.
(F) Section 1302(b) of the Agricultural Reconciliation Act
of 1993 (7 U.S.C. 5623 note; Public Law 103-66) is amended--
(i) in the matter preceding paragraph (1), by striking
``section 203 of the Agricultural Trade Act of 1978 (7 U.S.C.
5623)'' and inserting ``section 222 of the Agricultural Trade
Act of 1978''; and
(ii) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``section 203 of such Act'' and inserting
``section 222 of that Act''.
(2) Foreign market development cooperator program.--Title
VII of the Agricultural Trade Act of 1978 (7 U.S.C. 5721 et
seq.) is repealed.
(3) E (kika) de la garza agricultural fellowship program.--
(A) Section 1542 of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C 5622 note; Public Law 101-624)
is amended--
(i) by striking subsection (d);
(ii) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively; and
(iii) in subsection (e) (as so redesignated)--
(I) in the matter preceding paragraph (1), by striking
``country'' and inserting ``country, foreign territory,
customs union, or economic market''; and
(II) in paragraph (1), by striking ``the country'' and
inserting ``that country, foreign territory, customs union,
or economic market, as applicable''.
(B) Section 1543(b)(5) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 3293(b)(5)) is
amended by striking ``section 1542(f)'' and inserting
``section 1542(e)''.
(C) Section 1543A(c)(2) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5679(c)(2)) is
amended by inserting ``and section 224 of the Agricultural
Trade Act of 1978'' after ``section 1542''.
(4) Technical assistance for specialty crops.--Section 3205
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 5680) is repealed.
Subtitle C--Other Agricultural Trade Laws
SEC. 3301. FOOD FOR PROGRESS ACT OF 1985.
The Food for Progress Act of 1985 (7 U.S.C. 1736o) is
amended--
(1) by striking ``President'' each place it appears and
inserting ``Secretary'';
(2) in subsection (b)--
(A) in paragraph (5)--
(i) in subparagraph (E), by striking ``and'';
(ii) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(G) a land-grant college or university (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)).''; and
(B) by adding at the end the following:
``(10) Secretary.--The term `Secretary' means the Secretary
of Agriculture.'';
(3) in subsection (c)--
(A) by striking ``food'';
(B) by striking ``entities to furnish'' and inserting the
following: ``entities--
``(1) to furnish'';
(C) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; or''; and
(D) by adding at the end the following:
``(2) to provide financial assistance under subsection
(l)(5) to eligible entities.'';
(4) in subsection (f)(3), by striking ``2018'' and
inserting ``2023'';
(5) in subsection (g), by striking ``2018'' and inserting
``2023'';
(6) in subsection (k), by striking ``2018'' and inserting
``2023'';
(7) in subsection (l)--
(A) by striking the subsection designation and heading and
all that follows through ``(1) To enhance'' and inserting the
following:
``(l) Support for Agricultural Development.--
``(1) In general.--To enhance'';
(B) in paragraph (1), by striking ``2018'' and inserting
``2023'';
(C) in paragraph (4)(B), by inserting ``internal'' before
``transportation''; and
(D) by adding at the end the following:
``(5) Flexibility.--Notwithstanding any other provision of
law, as necessary to carry out this section, the following
funds shall be used to pay for the costs described in
paragraph (4):
``(A) Of the funds of the Corporation described in
subsection (f)(3), 30 percent.
``(B) Of the funds for administrative expenses under
paragraph (1), 30 percent.
``(C) Of the funds of the Corporation, $26,000,000 for each
of fiscal years 2019 through 2023.'';
(8) in subsection (m), in the subsection heading, by
striking ``Presidential'' and inserting ``Secretarial'';
(9) in subsection (n)--
(A) in paragraph (1)--
(i) in subparagraph (A), in the matter preceding clause
(i), by inserting ``and assistance'' after ``commodities'';
and
(ii) in subparagraph (B), by inserting ``and assistance
made available under this section'' after ``commodities'';
and
(B) by striking paragraph (2) and inserting the following:
``(2) Requirements.--
``(A) In general.--Not later than 270 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall issue regulations and revisions to agency
guidance and procedures necessary to implement the amendments
made to this section by that Act.
``(B) Consultations.--Not later than 270 days after the
date of enactment of the Agriculture Improvement Act of 2018,
the Secretary shall consult with the Committee on Agriculture
and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate relating to regulations issued and
agency guidance and procedures revised under subparagraph
(A).''; and
(10) in subsection (o), in the matter preceding paragraph
(1), by striking ``(acting through the Secretary)''.
SEC. 3302. BILL EMERSON HUMANITARIAN TRUST ACT.
Section 302 of the Bill Emerson Humanitarian Trust Act (7
U.S.C. 1736f-1) is amended--
(1) in subsection (b)(2)(B)(i), by striking ``2018'' each
place it appears and inserting ``2023''; and
(2) in subsection (h), by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 3303. PROMOTION OF AGRICULTURAL EXPORTS TO EMERGING
MARKETS.
Section 1542(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5622 note; Public Law 101-624) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 3304. COCHRAN EMERGING MARKET FELLOWSHIP PROGRAM.
Section 1543 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3293) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``(which may include
agricultural extension services)'' after ``systems''; and
(B) in paragraph (2)--
(i) by striking ``enhance trade'' and inserting the
following: ``enhance--
``(A) trade'';
(ii) in subparagraph (A) (as so designated) by striking the
period at the end and inserting ``; or''; and
(iii) by adding at the end the following:
``(B) linkages between agricultural interests in the United
States and regulatory systems governing sanitary and
phytosanitary standards for agricultural products that--
``(i) may enter the United States; and
``(ii) may pose risks to human, animal, or plant life or
health.''; and
(2) in subsection (f)--
(A) in paragraph (1), by striking ``$3,000,000'' and
inserting ``$4,000,000'';
(B) in paragraph (2), by striking ``$2,000,000'' and
inserting ``$3,000,000''; and
(C) in paragraph (3), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 3305. BORLAUG INTERNATIONAL AGRICULTURAL SCIENCE AND
TECHNOLOGY FELLOWSHIP PROGRAM.
Section 1473G of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319j)
is amended--
(1) in subsection (c)(2)--
(A) in the matter preceding subparagraph (A), by striking
``shall support'' and inserting ``support'';
(B) in subparagraph (C), by striking ``and'' at the end;
(C) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
[[Page S4548]]
(D) by adding at the end the following:
``(E) the development of agricultural extension services in
eligible countries.''; and
(2) in subsection (f)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Leveraging alumni engagement.--In carrying out the
purposes and programs under this section, the Secretary shall
encourage ongoing engagement with fellowship recipients who
have completed training under the program to provide advice
regarding, and participate in, new or ongoing agricultural
development projects, with a priority for capacity-building
projects, that are sponsored by--
``(A) Federal agencies; and
``(B) institutions of higher education in the eligible
country of the fellowship recipient.''.
SEC. 3306. INTERNATIONAL FOOD SECURITY TECHNICAL ASSISTANCE.
The Food, Agriculture, Conservation, and Trade Act of 1990
is amended by inserting after section 1543A (7 U.S.C. 5679)
the following:
``SEC. 1543B. INTERNATIONAL FOOD SECURITY TECHNICAL
ASSISTANCE.
``(a) Definition of International Food Security.--In this
section, the term `international food security' means access
by any person at any time to food and nutrition that is
sufficient for a healthy and productive life.
``(b) Collection of Information.--The Secretary of
Agriculture (referred to in this section as the `Secretary')
shall compile information from appropriate mission areas of
the Department of Agriculture (including the Food, Nutrition,
and Consumer Services mission area) relating to the
improvement of international food security.
``(c) Public Availability.--To benefit programs for the
improvement of international food security, the Secretary
shall organize the information described in subsection (b)
and make the information available in a format suitable for--
``(1) public education; and
``(2) use by--
``(A) a Federal, State, or local agency;
``(B) an agency or instrumentality of the government of a
foreign country;
``(C) a domestic or international organization, including a
domestic or international nongovernmental organization; and
``(D) an intergovernmental organization.
``(d) Technical Assistance.--On request by an entity
described in subsection (c)(2), the Secretary may provide
technical assistance to the entity to implement a program for
the improvement of international food security.
``(e) Program Priority.--In carrying out this section, the
Secretary shall give priority to programs relating to the
development of food and nutrition safety net systems with a
focus on food insecure countries.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 3307. MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND
CHILD NUTRITION PROGRAM.
Section 3107 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1736o-1) is amended--
(1) in subsection (a)--
(A) by striking ``that is'' and inserting the following:
``that--
``(1) is'';
(B) in paragraph (1) (as so designated), by striking the
period at the end and inserting ``; or''; and
(C) by adding at the end the following:
``(2)(A) is produced in and procured from--
``(i) a developing country that is a recipient country; or
``(ii) a developing country in the same region as a
recipient country; and
``(B) at a minimum, meets each nutritional, quality, and
labeling standard of the recipient country, as determined by
the Secretary.'';
(2) in subsection (c)(2)(A)--
(A) in clause (v)(IV), by striking ``and'' at the end;
(B) by redesignating clause (vi) as clause (vii); and
(C) by inserting after clause (v) the following:
``(vi) the costs associated with transporting the
commodities described in subsection (a)(2) from a developing
country described in subparagraph (A)(ii) of that subsection
to any designated point of entry within the recipient
country; and'';
(3) in subsection (f)(1)--
(A) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(B) by inserting after subparagraph (D) the following:
``(E) ensure to the maximum extent practicable that
assistance--
``(i) is provided under this section in a timely manner;
and
``(ii) is available when needed throughout the applicable
school year;''; and
(4) in subsection (l)--
(A) in paragraph (2), by striking ``2018'' and inserting
``2023''; and
(B) by adding at the end the following:
``(4) Purchase of commodities.--Of the funds made available
to carry out this section, not more than 10 percent shall be
used to purchase agricultural commodities described in
subsection (a)(2).''.
SEC. 3308. GLOBAL CROP DIVERSITY TRUST.
Section 3202(c) of the Food, Conservation, and Energy Act
of 2008 (22 U.S.C. 2220a note; Public Law 110-246) is amended
by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 3309. LOCAL AND REGIONAL FOOD AID PROCUREMENT PROJECTS.
Section 3206(e)(1) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 1726c(e)(1)) is amended--
(1) by inserting ``to the Secretary'' after
``appropriated''; and
(2) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 3310. FOREIGN TRADE MISSIONS.
(a) Tribal Representation on Trade Missions.--
(1) In general.--The Secretary, in consultation with the
Tribal Advisory Committee established under subsection (b)(2)
of section 309 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6921) (as added by
section 12304(2)) (referred to in this section as the
``Advisory Committee''), shall seek--
(A) to support the greater inclusion of Tribal agricultural
and food products in Federal trade-related activities; and
(B) to increase the collaboration between Federal trade
promotion efforts and other Federal trade-related activities
in support of the greater inclusion sought under subparagraph
(A).
(2) Interdepartmental coordination.--In carrying out
activities to increase the collaboration described in
paragraph (1)(B), the Secretary shall coordinate with--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior; and
(D) the heads of any other relevant Federal agencies.
(b) Report; Goals.--
(1) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report
describing the efforts of the Department of Agriculture and
other Federal agencies under this section to--
(A) the Advisory Committee;
(B) the Committee on Agriculture of the House of
Representatives;
(C) the Committee on Energy and Commerce of the House of
Representatives;
(D) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(E) the Committee on Commerce, Science, and Transportation
of the Senate; and
(F) the Committee on Indian Affairs of the Senate.
(2) Goals.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish goals
for measuring, in an objective and quantifiable format, the
extent to which Indian Tribes and Tribal agricultural and
food products are included in the trade-related activities of
the Department of Agriculture.
TITLE IV--NUTRITION
Subtitle A--Supplemental Nutrition Assistance Program
SEC. 4101. DEFINITION OF CERTIFICATION PERIOD.
Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012) is amended by striking subsection (f) and inserting the
following:
``(f) Certification Period.--
``(1) In general.--The term `certification period' means
the period for which a household shall be eligible to receive
benefits.
``(2) Time limits.--
``(A) In general.--Except as provided in subparagraph (C),
the certification period shall not exceed 12 months.
``(B) Contact.--A State agency shall have at least 1
contact with each certified household every 12 months.
``(C) Elderly or disabled household members.--The
certification period may be for a duration of--
``(i) not more than 24 months if each adult household
member is elderly or disabled; or
``(ii) not more than 36 months if--
``(I) each adult household member is elderly or disabled;
and
``(II) the household of the adult household member has no
earned income at the time of certification.
``(D) Extension of limit.--The limits under this paragraph
may be extended until the end of any transitional benefit
period established under section 11(s).''.
SEC. 4102. FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS.
(a) In General.--Section 4(b) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2013(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) Administrative costs.--
``(A) In general.--The Secretary shall pay not less than 80
percent of administrative costs and distribution costs on
Indian reservations as the Secretary determines necessary for
effective administration of such distribution by a State
agency or tribal organization.
``(B) Waiver.--The Secretary shall waive up to 100 percent
of the non-Federal share of the costs described in
subparagraph (A) if the Secretary determines that--
``(i) the tribal organization is financially unable to
provide a greater non-Federal share of the costs; or
``(ii) providing a greater non-Federal share of the costs
would be a substantial burden for the tribal organization.
``(C) Limitation.--The Secretary may not reduce any
benefits or services under the
[[Page S4549]]
food distribution program on Indian reservations under this
subsection to any tribal organization that is granted a
waiver under subparagraph (B).
``(D) Tribal contribution.--The Secretary may allow a
tribal organization to use funds provided to the tribal
organization through a Federal agency or other Federal
benefit to satisfy all or part of the non-Federal share of
the costs described in subparagraph (A) if that use is
otherwise consistent with the purpose of the funds.'';
(2) in paragraph (6)(F), by striking ``2018'' and inserting
``2023''; and
(3) by adding at the end the following:
``(7) Availability of funds.--
``(A) In general.--Funds made available for a fiscal year
to carry out this subsection shall remain available for
obligation for a period of 2 fiscal years.
``(B) Administrative costs.--Funds made available for a
fiscal year to carry out paragraph (4) shall remain available
for obligation by the State agency or tribal organization for
a period of 2 fiscal years.''.
(b) Demonstration Project for Tribal Organizations.--
(1) Definitions.--In this subsection:
(A) Demonstration project.--The term ``demonstration
project'' means the demonstration project established under
paragraph (2).
(B) Food distribution program.--The term ``food
distribution program'' means the food distribution program on
Indian reservations carried out under section 4(b) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)).
(C) Indian reservation.--The term ``Indian reservation''
has the meaning given the term ``reservation'' in section 3
of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(D) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
(E) Self-determination contract.--The term ``self-
determination contract'' has the meaning given the term in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(F) Tribal organization.--The term ``tribal organization''
has the meaning given the term in section 3 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012).
(2) Establishment.--Subject to the availability of
appropriations, the Secretary shall establish a demonstration
project under which 1 or more tribal organizations may enter
into self-determination contracts to purchase agricultural
commodities under the food distribution program for the
Indian reservation of that tribal organization.
(3) Eligibility.--
(A) Consultation.--The Secretary shall consult with the
Secretary of the Interior and Indian tribes to determine the
process and criteria under which a tribal organization may
participate in the demonstration project.
(B) Criteria.--The Secretary shall select for participation
in the demonstration project tribal organizations that--
(i) are successfully administering the food distribution
program of the tribal organization under section 4(b)(2)(B)
of the Food and Nutrition Act of 2008 (7 U.S.C.
2013(b)(2)(B));
(ii) have the capacity to purchase agricultural commodities
in accordance with paragraph (4) for the food distribution
program of the tribal organization; and
(iii) meet any other criteria determined by the Secretary,
in consultation with the Secretary of the Interior and Indian
tribes.
(4) Procurement of agricultural commodities.--Any
agricultural commodities purchased by a tribal organization
under the demonstration project shall--
(A) be domestically produced;
(B) supplant, not supplement, the type of agricultural
commodities in existing food packages for that tribal
organization;
(C) be of similar or higher nutritional value as the type
of agricultural commodities that would be supplanted in the
existing food package for that tribal organization; and
(D) meet any other criteria determined by the Secretary.
(5) Report.--Not later than 1 year after the date of
enactment of this Act and annually thereafter, the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing the activities
carried out under the demonstration project during the
preceding year.
(6) Funding.--
(A) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this
subsection $5,000,000, to remain available until expended.
(B) Appropriations in advance.--Only funds appropriated
under subparagraph (A) in advance specifically to carry out
this subsection shall be available to carry out this
subsection.
(c) Conforming Amendment.--Section 3(v) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(v)) is amended by
striking ``the Indian Self-Determination Act (25 U.S.C.
450b(b))'' and inserting ``section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)''.
SEC. 4103. WORK REQUIREMENTS FOR SUPPLEMENTAL NUTRITION
ASSISTANCE PROGRAM.
(a) Work Requirements for Able-bodied Adults Without
Dependents.--Section 6 of the Food and Nutrition Act of 2008
(7 U.S.C. 2015) is amended--
(1) in subsection (d)--
(A) in paragraph (2)--
(i) by striking the second sentence;
(ii) by striking ``, as amended'' each place it appears;
(iii) by striking ``(F) a person'' and inserting the
following:
``(vi) a person'';
(iv) by striking ``(E) employed'' and inserting the
following:
``(v) employed'';
(v) by striking ``(D) a regular'' and inserting the
following:
``(iv) a regular'';
(vi) by striking ``(C) a bona fide student'' and inserting
the following:
``(iii) a bona fide student'';
(vii) by striking ``(B) a parent'' and inserting the
following:
``(ii) a parent'';
(viii) by striking ``(A) currently'' and inserting the
following:
``(i) currently''; and
(ix) by striking ``(2) A person who'' and all that follows
through ``if he or she is'' inserting the following:
``(E) Exemptions.--A person who otherwise would be required
to comply with the requirements of subparagraphs (A) through
(D) shall be exempt from such requirements if the person is--
''; and
(B) by inserting after paragraph (1) (as amended by
subparagraph (A)) the following:
``(2) Additional work requirements.--
``(A) Definition of work program.--In this paragraph, the
term `work program' means--
``(i) a program under title I of the Workforce Innovation
and Opportunity Act;
``(ii) a program under section 236 of the Trade Act of 1974
(19 U.S.C. 2296);
``(iii) a program of employment and training operated or
supervised by a State or political subdivision of a State
that meets standards approved by the Governor of the State,
including a program under paragraph (4), other than a job
search program or a job search training program; and
``(iv) a workforce partnership under paragraph (4)(N).
``(B) Work requirement.--Subject to the other provisions of
this paragraph, no individual shall be eligible to
participate in the supplemental nutrition assistance program
as a member of any household if, during the preceding 36-
month period, the individual received supplemental nutrition
assistance program benefits for not less than 3 months
(consecutive or otherwise) during which the individual did
not--
``(i) work 20 hours or more per week, averaged monthly;
``(ii) participate in and comply with the requirements of a
work program for 20 hours or more per week, as determined by
the State agency;
``(iii) participate in and comply with the requirements of
a program under section 20 or a comparable program
established by a State or political subdivision of a State;
or
``(iv) receive benefits pursuant to subparagraph (C), (D),
(E), or (F).
``(C) Exception.--Subparagraph (B) shall not apply to an
individual if the individual is--
``(i) under 18 or over 50 years of age;
``(ii) medically certified as physically or mentally unfit
for employment;
``(iii) a parent or other member of a household with
responsibility for a dependent child;
``(iv) otherwise exempt under paragraph (1)(E); or
``(v) a pregnant woman.
``(D) Waiver.--
``(i) In general.--On the request of a State agency, the
Secretary may waive the applicability of subparagraph (B) to
any group of individuals in the State if the Secretary makes
a determination that the area in which the individuals
reside--
``(I) has an unemployment rate of over 10 percent; or
``(II) does not have a sufficient number of jobs to provide
employment for the individuals.
``(ii) Report.--The Secretary shall report the basis for a
waiver under clause (i) to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
``(E) Subsequent eligibility.--
``(i) Regaining eligibility.--An individual denied
eligibility under subparagraph (B) shall regain eligibility
to participate in the supplemental nutrition assistance
program if, during a 30-day period, the individual--
``(I) works 80 or more hours;
``(II) participates in and complies with the requirements
of a work program for 80 or more hours, as determined by a
State agency; or
``(III) participates in and complies with the requirements
of a program under section 20 or a comparable program
established by a State or political subdivision of a State.
``(ii) Maintaining eligibility.--An individual who regains
eligibility under clause (i) shall remain eligible as long as
the individual meets the requirements of clause (i), (ii), or
(iii) of subparagraph (B).
``(iii) Loss of employment.--
``(I) In general.--An individual who regained eligibility
under clause (i) and who no longer meets the requirements of
clause (i), (ii), or (iii) of subparagraph (B) shall remain
eligible for a consecutive 3-month period, beginning on the
date the individual first notifies the State agency that the
individual no longer meets the requirements of clause (i),
(ii), or (iii) of subparagraph (B).
[[Page S4550]]
``(II) Limitation.--An individual shall not receive any
benefits pursuant to subclause (I) for more than a single 3-
month period in any 36-month period.
``(F) 15-percent exemption.--
``(i) Definitions.--In this subparagraph:
``(I) Caseload.--The term `caseload' means the average
monthly number of individuals receiving supplemental
nutrition assistance program benefits during the 12-month
period ending the preceding June 30.
``(II) Covered individual.--The term `covered individual'
means a member of a household that receives supplemental
nutrition assistance program benefits, or an individual
denied eligibility for supplemental nutrition assistance
program benefits solely due to subparagraph (B), who--
``(aa) is not eligible for an exception under subparagraph
(C);
``(bb) does not reside in an area covered by a waiver
granted under subparagraph (D);
``(cc) is not complying with clause (i), (ii), or (iii) of
subparagraph (B);
``(dd) is not receiving supplemental nutrition assistance
program benefits during the 3 months of eligibility provided
under subparagraph (B); and
``(ee) is not receiving supplemental nutrition assistance
program benefits under subparagraph (E).
``(ii) General rule.--Subject to clauses (iii) through
(vii), a State agency may provide an exemption from the
requirements of subparagraph (B) for covered individuals.
``(iii) Fiscal year 1998.--Subject to clauses (v) and
(vii), for fiscal year 1998, a State agency may provide a
number of exemptions such that the average monthly number of
the exemptions in effect during the fiscal year does not
exceed 15 percent of the number of covered individuals in the
State in fiscal year 1998, as estimated by the Secretary,
based on the survey conducted to carry out section 16(c) for
fiscal year 1996 and such other factors as the Secretary
considers appropriate due to the timing and limitations of
the survey.
``(iv) Subsequent fiscal years.--Subject to clauses (v)
through (vii), for fiscal year 1999 and each subsequent
fiscal year, a State agency may provide a number of
exemptions such that the average monthly number of the
exemptions in effect during the fiscal year does not exceed
15 percent of the number of covered individuals in the State,
as estimated by the Secretary under clause (iii), adjusted by
the Secretary to reflect changes in the State's caseload and
the Secretary's estimate of changes in the proportion of
members of households that receive supplemental nutrition
assistance program benefits covered by waivers granted under
subparagraph (D).
``(v) Caseload adjustments.--The Secretary shall adjust the
number of individuals estimated for a State under clause
(iii) or (iv) during a fiscal year if the number of members
of households that receive supplemental nutrition assistance
program benefits in the State varies from the State's
caseload by more than 10 percent, as determined by the
Secretary.
``(vi) Exemption adjustments.--During fiscal year 1999 and
each subsequent fiscal year, the Secretary shall increase or
decrease the number of individuals who may be granted an
exemption by a State agency under this subparagraph to the
extent that the average monthly number of exemptions in
effect in the State for the preceding fiscal year under this
subparagraph is lesser or greater than the average monthly
number of exemptions estimated for the State agency for such
preceding fiscal year under this subparagraph.
``(vii) Reporting requirement.--A State agency shall submit
such reports to the Secretary as the Secretary determines are
necessary to ensure compliance with this subparagraph.
``(G) Other program rules.--Nothing in this paragraph shall
make an individual eligible for benefits under this Act if
the individual is not otherwise eligible for benefits under
the other provisions of this Act.''; and
(2) by striking subsection (o).
(b) Employment and Training Programs That Meet State and
Local Workforce Needs.--Section 6(d)(4) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``, in consultation with the State
workforce development board, or, if the State demonstrates
that consultation with private employers or employer
organizations would be more effective or efficient, in
consultation with private employers or employer
organizations,'' after ``designed by the State agency''; and
(ii) by striking ``that will increase their ability to
obtain regular employment.'' and inserting the following:
``that will--
``(I) increase the ability of the household members to
obtain regular employment; and
``(II) meet State or local workforce needs.''; and
(B) in clause (ii), by inserting ``and implemented to meet
the purposes of clause (i)'' after ``under this paragraph'';
(2) in subparagraph (B)--
(A) in clause (iv), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and indenting
appropriately;
(B) by redesignating clauses (i) through (vii) and clause
(viii) as subclauses (I) through (VII) and subclause (IX),
respectively, and indenting appropriately;
(C) by inserting after subclause (VII) (as so redesignated)
the following:
``(VIII) Programs or activities described in subclauses (I)
through (XII) of clause (iv) of section 16(h)(1)(F) that the
Secretary determines, based on the results of the applicable
independent evaluations conducted under clause (vii)(I) of
that section, are effective at increasing employment or
earnings for households participating in a pilot project
under that section.'';
(D) in the matter preceding subclause (I) (as so
redesignated)--
(i) by striking ``this subparagraph'' and inserting ``this
clause'';
(ii) by inserting ``and a program containing a component
under subclause (I) shall contain at least 1 additional
component'' before the colon; and
(iii) by striking ``(B) For purposes of this Act, an'' and
inserting the following:
``(B) Definitions.--In this Act:
``(i) Employment and training program.--The term''; and
(E) by adding at the end the following:
``(ii) Workforce partnership.--
``(I) In general.--The term `workforce partnership' means a
program that--
``(aa) is operated by a private employer, an organization
representing private employers, or a nonprofit organization
providing services relating to workforce development;
``(bb) the Secretary or the State agency certifies--
``(AA) subject to subparagraph (N)(ii), would assist
participants who are members of households participating in
the supplemental nutrition assistance program in gaining
high-quality, work-relevant skills, training, work, or
experience that will increase the ability of the participants
to obtain regular employment;
``(BB) subject to subparagraph (N)(ii), would provide
participants with not fewer than 20 hours per week of
training, work, or experience under subitem (AA);
``(CC) would not use any funds authorized to be
appropriated by this Act;
``(DD) would provide sufficient information, on request by
the State agency, for the State agency to determine that
participants who are members of households participating in
the supplemental nutrition assistance program are fulfilling
any applicable work requirement under this subsection;
``(EE) would be willing to serve as a reference for
participants who are members of households participating in
the supplemental nutrition assistance program for future
employment or work-related programs; and
``(FF) meets any other criteria established by the
Secretary, on the condition that the Secretary shall not
establish any additional criteria that would impose
significant paperwork burdens on the workforce partnership;
and
``(cc) is in compliance with the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.), if applicable.
``(II) Inclusion.--The term `workforce partnership'
includes a multistate program.'';
(3) in subparagraph (E)--
(A) in the second sentence, by striking ``Such
requirements'' and inserting the following:
``(ii) Variation.--The requirements under clause (i)'';
(B) by striking ``(E) Each State'' and inserting the
following:
``(E) Requirements for participation for certain
individuals.--
``(i) In general.--Each State''; and
(C) adding at the end the following:
``(iii) Application to workforce partnerships.--To the
extent that a State agency requires an individual to
participate in an employment and training program, the State
agency shall consider an individual participating in a
workforce partnership to be in compliance with the employment
and training requirements.'';
(4) in subparagraph (H), by striking ``(B)(v)'' and
inserting ``(B)(i)(V)''; and
(5) by adding at the end the following:
``(N) Workforce partnerships.--
``(i) In general.--A work registrant may participate in a
workforce partnership to comply with the requirements of
paragraph (1)(A)(ii) and paragraph (2).
``(ii) Certification.--In certifying that a program meets
the requirements of subitems (AA) and (BB) of subparagraph
(B)(ii)(I)(bb) to be certified as a workforce partnership,
the Secretary or the State agency shall require that the
program submit to the Secretary or State agency sufficient
information that describes--
``(I) the services and activities of the program that would
provide participants with not fewer than 20 hours per week of
training, work, or experience under those subitems; and
``(II) how the program would provide services and
activities described in subclause (I) that would directly
enhance the employability or job readiness of the
participant.
``(iii) Supplement, not supplant.--A State agency may use a
workforce partnership to supplement, not to supplant, the
employment and training program of the State agency.
``(iv) Participation.--A State agency may provide
information on workforce partnerships, if available, to any
member of a household participating in the supplemental
nutrition assistance program, but may not require any member
of a household to participate in a workforce partnership.
``(v) Effect.--
``(I) In general.--A workforce partnership shall not
replace the employment or training
[[Page S4551]]
of an individual not participating in the workforce
partnership.
``(II) Selection.--Nothing in this subsection affects the
criteria or screening process for selecting participants by a
workforce partnership.
``(vi) Limitation on reporting requirements.--In carrying
out this subparagraph, the Secretary and each applicable
State agency shall limit the reporting requirements of a
workforce partnership to--
``(I) on notification that an individual is receiving
supplemental nutrition assistance program benefits, notifying
the applicable State agency that the individual is
participating in the workforce partnership;
``(II) identifying participants who have completed or are
no longer participating in the workforce partnership;
``(III) identifying changes to the workforce partnership
that result in the workforce partnership no longer meeting
the certification requirements of the Secretary or the State
agency under subparagraph (B)(ii)(I)(bb); and
``(IV) providing sufficient information, on request by the
State agency, for the State agency to verify that a
participant is fulfilling any applicable work requirements
under this subsection.
``(O) Referral of certain individuals.--
``(i) In general.--In accordance with such regulations as
may be issued by the Secretary, with respect to any
individual who is not eligible for an exemption under
paragraph (1)(E) and who is determined by an employment and
training program component to be ill-suited to participate in
the employment and training program component, the State
agency shall--
``(I) refer the individual to an appropriate employment and
training program component;
``(II) refer the individual to an appropriate workforce
partnership, if available;
``(III) reassess the physical and mental fitness of the
individual under paragraph (1)(A); or
``(IV) to the maximum extent practicable, coordinate with
other Federal, State, or local workforce or assistance
programs to identify work opportunities or assistance for the
individual.
``(ii) Process.--In carrying out clause (i), the State
agency shall ensure that an individual undergoing and
complying with the process established under that clause
shall not be found to have refused without good cause to
participate in an employment and training program.''.
(c) Updating Work-related Pilot Projects.--
(1) In general.--Section 16(h) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(h)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (B)(ii), by striking ``6(o)'' and
inserting ``6(d)(2)'';
(ii) in subparagraph (E)--
(I) in clause (i)--
(aa) in subclause (I), by striking ``6(o)(3)'' and
inserting ``6(d)(2)(C)''; and
(bb) in subclause (II), by striking ``subparagraph (B) or
(C) of section 6(o)(2)'' and inserting ``clause (ii) or (iii)
of section 6(d)(2)(B)''; and
(II) in clause (ii)--
(aa) in the matter preceding subclause (I), by striking
``subparagraph (B) or (C) of section 6(o)(2)'' and inserting
``clause (ii) or (iii) of section 6(d)(2)(B)'';
(bb) in subclause (I), by striking ``6(o)(2)'' and
inserting ``6(d)(2)(B)'';
(cc) in subclause (II), by striking ``6(o)(3)'' and
inserting ``6(d)(2)(C)'';
(dd) in subclause (III), by striking ``6(o)(4)'' and
inserting ``6(d)(2)(D)''; and
(ee) in subclause (IV), by striking ``6(o)(6)'' and
inserting ``6(d)(2)(F)''; and
(iii) in subparagraph (F)--
(I) in clause (ii)(III)(ee)(AA), by striking ``6(o)'' and
inserting ``6(d)(2)'';
(II) in clause (viii)--
(aa) in subclause (III), by striking ``September 30, 2018''
and inserting the following: ``September 30, 2023, for--
``(aa) the continuation of pilot projects being carried out
under this subparagraph as of the date of enactment of the
Agriculture Improvement Act of 2018, if the pilot projects
meet the limitations described in subclause (II); and
``(bb) additional pilot projects authorized under clause
(x).''; and
(bb) by adding at the end the following:
``(IV) Funds for additional pilot projects.--From amounts
made available under section 18(a)(1), the Secretary shall
use to carry out clause (x) $92,500,000 for each of fiscal
years 2019 and 2020, to remain available until expended.'';
and
(III) by adding at the end the following:
``(x) Authority to carry out additional pilot projects.--
``(I) In general.--Subject to the availability of funds
under clause (viii), the Secretary may carry out 8 or more
additional pilot projects using a competitive grant process.
``(II) Requirements.--Except as otherwise provided in this
clause, a pilot project under this clause shall meet the
criteria described in clauses (i), (ii)(II)(bb), and (iii)
through (vi) and items (aa) through (dd) of clause (ii)(III).
``(III) Evaluation and reporting.--
``(aa) Optional evaluation.--
``(AA) In general.--The Secretary shall have the option to
conduct an independent longitudinal evaluation of pilot
projects carried out under this clause, in accordance with
clause (vii)(I).
``(BB) Qualifying criteria.--If the Secretary determines to
conduct an independent longitudinal evaluation under subitem
(AA), to be eligible to participate in a pilot project under
this clause, a State agency shall agree to participate in the
evaluation described in clause (vii), including providing
evidence that the State has a robust data collection system
for program administration and is cooperating to make
available State data on the employment activities and post-
participation employment, earnings, and public benefit
receipt of participants to ensure proper and timely
evaluation.
``(bb) Reporting.--If the Secretary determines not to
conduct an independent longitudinal evaluation under item
(aa), subject to such terms and conditions as the Secretary
determines to be appropriate and not less frequently than
annually, each State agency participating in a pilot project
carried out under this clause shall submit to the Secretary a
report that describes the results of the pilot project.
``(IV) Voluntary activities.--Except as provided in
subclause (VIII), employment and training activities under a
pilot project carried out under this clause shall be
voluntary for work registrants.
``(V) Eligibility.--To be eligible to participate in a
pilot project carried out under this clause, a State agency
shall commit to maintain at least the amount of State funding
for employment and training programs and services under
paragraphs (2) and (3) and under section 20 as the State
expended for fiscal year 2018.
``(VI) Limitation.--In carrying out pilot projects under
this clause, the Secretary shall not be subject to the
limitation described in clause (viii)(II)(aa).
``(VII) Priority.--In selecting pilot projects under this
clause, the Secretary may give priority to pilot projects
that--
``(aa) are targeted to--
``(AA) individuals 50 years of age or older;
``(BB) formerly incarcerated individuals;
``(CC) individuals participating in a substance abuse
treatment program.
``(DD) homeless individuals;
``(EE) people with disabilities seeking to enter the
workforce; or
1 ``(FF) other individuals with substantial barriers to
employment; or
``(bb) support employment and workforce participation
through an integrated and family-focused approach in
providing supportive services.
``(VIII) Pilot projects for mandatory participation in
employment and training activities.--A State agency may be
eligible to participate in a pilot project under this clause
to test programs that assign work registrants to mandatory
participation in employment and training activities, on the
conditions that--
``(aa) the pilot project provides individualized case
management designed to help remove barriers to employment for
participants; and
``(bb) a work registrant is not assigned to employment and
training activities primarily consisting of job search, job
search training, or workforce activities.''; and
(B) in paragraph (5)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking
``section 6(d)(4)'' and inserting ``this paragraph''; and
(II) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and indenting appropriately;
(ii) in subparagraph (B)--
(I) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and indenting
appropriately;
(II) in clause (iv)--
(aa) in the matter preceding subclause (I), by striking
``clause (iii)'' and inserting ``subclause (III)'';
(bb) in subclause (IV)--
(AA) in item (cc), by striking ``section 6(b)'' and
inserting ``subsection (b)''; and
(BB) by redesignating items (aa) through (cc) as subitems
(AA) through (CC), respectively, and indenting appropriately;
and
(cc) by redesignating subclauses (I) through (V) as items
(aa) through (ee), respectively, and indenting appropriately;
(III) by redesignating clauses (i) through (iv) as
subclauses (I) through (IV), respectively, and indenting
appropriately; and
(IV) by adding at the end the following:
``(V) State option.--The State agency may report relevant
data from a workforce partnership carried out under
subparagraph (N) to demonstrate the number of program
participants served by the workforce partnership.'';
(iii) in subparagraph (C)--
(I) in clause (iii), by striking ``and'' after the
semicolon;
(II) in clause (iv)--
(aa) in the matter preceding subclause (I)--
(AA) by striking ``paragraph (1)(E)'' and inserting
``subparagraph (E) of section 16(h)(1)''; and
(BB) by striking ``paragraph (1)'' and inserting ``that
section'';
(bb) in subclause (I)--
(AA) by striking ``paragraph (1)(E)(ii)'' and inserting
``section 16(h)(1)(E)(ii)''; and
(BB) by striking ``subparagraph (B) or (C) of section
6(o)(2)'' and inserting ``clause (ii) or (iii) of paragraph
(2)(B)'';
(cc) in subclause (II), by striking ``paragraph (1)(E)''
and inserting ``section 16(h)(1)(E)''; and
[[Page S4552]]
(dd) by redesignating subclauses (I) through (III) as items
(aa) through (cc), respectively, and indenting appropriately;
(III) by redesignating clauses (i), (ii), (iii), and (iv)
as subclauses (I), (II), (IV), and (VI), respectively, and
indenting appropriately;
(IV) by inserting after subclause (II) (as so redesignated)
the following:
``(III) that the State agency has consulted with the State
workforce board or, if appropriate, private employers or
employer organizations, in the design of the employment and
training program;''; and
(V) by inserting after subclause (IV) (as so redesignated)
the following:
``(V) that the employment and training program components
of the State agency are responsive to State or local
workforce needs; and'';
(iv) in subparagraph (D), by striking ``subparagraph (B)''
and inserting ``clause (ii)'';
(v) in subparagraph (E), by inserting ``or that the
employment and training program is not adequately meeting
State or local workforce needs'' after ``is inadequate'';
(vi) in subparagraph (F)--
(I) in the matter preceding clause (i), by striking
``October 1, 2016'' and inserting ``October 1, 2020'';
(II) in clause (i), by striking ``and'' after the
semicolon;
(III) in clause (ii), by striking the period at the end and
inserting ``; and'';
(IV) by redesignating clauses (i) and (ii) as subclauses
(I) and (II), respectively, and indenting appropriately; and
(V) by adding at the end the following:
``(III) are meeting State or local workforce needs.'';
(vii) by redesignating subparagraphs (A) through (F) (as so
amended) as clauses (i) through (vi), respectively, and
indenting appropriately; and
(viii) by redesignating the paragraph as subparagraph (P),
indenting the subparagraph appropriately, and moving the
subparagraph so as to appear after subparagraph (O) of
section 6(d)(4) of the Food and Nutrition Act of 2008 (7
U.S.C. 2015(d)(4)) (as added by subsection (b)(5)).
(2) Research, demonstration, and evaluations.--Section 17
of the Food and Nutrition Act of 2008 (7 U.S.C. 2026) is
amended--
(A) in subsection (b)--
(i) by striking paragraphs (2) and (3);
(ii) by striking ``(b)(1)(A) The Secretary'' and inserting
the following:
``(b) Demonstration Projects; Pilot Projects.--
``(1) In general.--The Secretary'';
(iii) in paragraph (1) (as so designated)--
(I) in subparagraph (D)--
(aa) in clause (i), in the matter preceding subclause (I),
by striking ``subparagraph (A)'' and inserting ``paragraph
(1)'';
(bb) in clause (ii), by striking ``clause (i)'' and
inserting ``subparagraph (A)''; and
(cc) in clause (iii), by striking ``clause (i)(III)'' and
inserting ``subparagraph (A)(iii)'';
(II) by redesignating subparagraph (D) as paragraph (4),
and indenting appropriately;
(III) in subparagraph (C), by striking ``(C)(i) No waiver''
and inserting the following:
``(3) Restrictions.--
``(A) In general.--No waiver'';
(IV) in subparagraph (B)--
(aa) in clause (i), in the matter preceding subclause (I),
by striking ``subparagraph (A)'' and inserting ``paragraph
(1)'';
(bb) in clause (ii)--
(AA) in the matter preceding subclause (I), by striking
``subparagraph (A)'' and inserting ``paragraph (1)''; and
(BB) in subclause (IV), by striking ``this paragraph'' and
inserting ``this subsection'';
(cc) in clause (iii), in the matter preceding subclause
(I), by striking ``subparagraph (A)'' and inserting
``paragraph (1)'';
(dd) in clause (iv)--
(AA) in the matter preceding subclause (I), by striking
``subparagraph (A)'' and inserting ``paragraph (1)'';
(BB) in subclause (I), by striking ``the date of enactment
of this subparagraph'' and inserting ``August 22, 1996'';
(CC) in subclause (III)(aa), by striking ``3(n)'' and
inserting ``3(q)'';
(DD) in subclause (III)(dd), by striking ``(2)(B)'' and
inserting ``(1)(E)(ii)'';
(EE) in subclause (III)(ii), by striking ``this paragraph''
and inserting ``this subsection''; and
(FF) in subclause (IV)(bb), by striking ``this subclause''
and inserting ``this clause''; and
(ee) in clause (vi), by striking ``this paragraph'' and
inserting ``this subsection''; and
(V) by redesignating subparagraph (B) as paragraph (2) and
indenting appropriately;
(iv) in paragraph (2) (as so redesignated)--
(I) by redesignating clauses (i) through (vi) as
subparagraphs (A) through (F), respectively, and indenting
appropriately;
(II) in subparagraph (A) (as so redesignated), by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively, and indenting appropriately;
(III) in subparagraph (B) (as so redesignated), by
redesignating subclauses (I) through (IV) as clauses (i)
through (iv), respectively, and indenting appropriately;
(IV) in subparagraph (C) (as so redesignated), by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively, and indenting appropriately; and
(V) in subparagraph (D) (as so redesignated)--
(aa) by redesignating subclauses (I) through (VII) as
clauses (i) through (vii), respectively, and indenting
appropriately;
(bb) in clause (iii) (as so redesignated), by redesignating
items (aa) through (jj) as subclauses (I) through (X),
respectively, and indenting appropriately; and
(cc) in clause (iv) (as so redesignated), by redesignating
items (aa) and (bb) as subclauses (I) and (II), respectively,
and indenting appropriately;
(v) in paragraph (3) (as so redesignated)--
(I) in subparagraph (A) (as so redesignated)--
(aa) in the matter preceding subclause (I), by striking
``the date of enactment of this subparagraph'' and inserting
``November 28, 1990''; and
(bb) in clause (ii), by striking ``(ii) Clause (i)'' and
inserting the following:
``(B) Application.--Subparagraph (A)''; and
(II) in subparagraph (A) (as so redesignated), by
redesignating subclauses (I) and (II) as clauses (i) and
(ii), respectively, and indenting appropriately; and
(vi) in paragraph (4) (as so redesignated)--
(I) by redesignating clauses (i) through (iii) as
subparagraphs (A) through (C), respectively, and indenting
appropriately; and
(II) in subparagraph (A) (as so redesignated), by
redesignating subclauses (I) through (IV) as clauses (i)
through (iv), respectively, and indenting appropriately;
(B) by striking subsection (d);
(C) by redesignating subsections (e) through (l) as
subsections (d) through (k), respectively; and
(D) in subsection (e) (as so redesignated), in the first
sentence, by striking ``subsection (b)(1)'' and inserting
``subsection (b)''.
(d) Authorization of Appropriations.--Section 18 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2027) is amended by
adding at the end the following:
``(i) Restriction.--No funds authorized to be appropriated
under this Act shall be used to operate a workforce
partnership under section 6(d)(4)(N).''.
(e) Conforming Amendments.--
(1) Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended in the second sentence by striking
``(d)(2)'' and inserting ``(d)(1)(E)''.
(2) Section 6(i)(3) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(i)(3)) is amended by striking ``(d)'' and
inserting ``(d)(1)''.
(3) Section 7(h)(6) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(h)(6)) is amended by striking ``17(f)'' and
inserting ``17(e)''.
(4) Section 7(i)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(i)(1)) is amended by striking ``6(o)(2)'' and
inserting ``6(d)(2)(B)''.
(5) Section 7(j)(1)(G) of the Food and Nutrition Act of
2008 (7 U.S.C. 2016(j)(1)(G)) is amended by striking
``17(f)'' and inserting ``17(e)''.
(6) Section 11(n) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(n)) is amended by striking ``17(b)(1)'' and
inserting ``17(b)''.
(7) Section 16(b)(4) of the Food and Nutrition Act of 2008
(7 U.S.C. 2025(b)(4)) is amended by striking ``section 6(d)''
and inserting ``section 6(d)(1)''.
(8) Section 20(b)(1) of the Food and Nutrition Act of 2008
(7 U.S.C. 2029(b)(1)) is amended by striking ``clause (B),
(C), (D), (E), or (F) of section 6(d)(2)'' and inserting
``clause (ii), (iii), (iv), (v), or (vi) of section
6(d)(1)(E)''.
(9) Section 103(a)(2)(D) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3113(a)(2)(D)) is amended by
striking ``section 6(o) of the Food and Nutrition Act of 2008
(7 U.S.C. 2015(o))'' and inserting ``paragraph (2) of section
6(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d))''.
(10) Section 121(b)(2)(B)(iv) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(b)(2)(B)(iv)) is amended
by striking ``section 6(o) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(o))'' and inserting ``paragraph (2) of
section 6(d) of the Food and Nutrition Act of 2008 (7 U.S.C.
2015(d))''.
(11) Section 23(b)(7)(D)(ii) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769d(b)(7)(D)(ii)) is
amended by striking ``section 17(b)(1)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B))'' and
inserting ``paragraph (2) of section 17(b) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2026(b))''.
(12) Section 24(g)(3)(C) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769e(g)(3)(C)) is amended by
striking ``section 17(b)(1)(B) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2026(b)(1)(B))'' and inserting ``paragraph
(2) of section 17(b) of the Food and Nutrition Act of 2008 (7
U.S.C. 2026(b))''.
SEC. 4104. IMPROVEMENTS TO ELECTRONIC BENEFIT TRANSFER
SYSTEM.
(a) Prohibited Fees.--Section 7 of the Food and Nutrition
Act of 2008 (7 U.S.C. 2016) is amended--
(1) in subsection (f)(2)(C), in the subparagraph heading,
by striking ``Interchange'' and inserting ``Prohibited''; and
(2) in subsection (h), by striking paragraph (13) and
inserting the following:
``(13) Prohibited fees.--
``(A) Definition of switching.--In this paragraph, the term
`switching' means the routing of an intrastate or interstate
transaction that consists of transmitting the details of a
transaction electronically recorded through the use of an EBT
card in 1 State to the issuer of the card in--
``(i) the same State; or
``(ii) another State.
``(B) Prohibition.--
``(i) Interchange fees.--No interchange fee shall apply to
an electronic benefit transfer transaction under this
subsection.
``(ii) Other fees.--
[[Page S4553]]
``(I) In general.--No fee charged by a benefit issuer
(including any affiliate of a benefit issuer), or by any
agent or contractor when acting on behalf of such benefit
issuer, to a third party relating to the switching or routing
of benefits to the same benefit issuer (including any
affiliate of the benefit issuer) shall apply to an electronic
benefit transfer transaction under this subsection.
``(II) Effective date.--The prohibition under subclause (I)
shall be effective through fiscal year 2022.''.
(b) EBT Portability.--Section 7(f)(5) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2016(f)(5)) is amended by
adding at the end the following:
``(C) Operation of individual point of sale device by
farmers' markets and direct marketing farmers.--A farmers'
market or direct marketing farmer that is exempt under
paragraph (2)(B)(i) shall be allowed to operate an individual
electronic benefit transfer point of sale device at more than
1 location under the same supplemental nutrition assistance
program authorization, if--
``(i) the farmers' market or direct marketing farmer
provides to the Secretary information on location and hours
of operation at each location; and
``(ii)(I) the point of sale device used by the farmers'
market or direct marketing farmer is capable of providing
location information of the device through the electronic
benefit transfer system; or
``(II) if the Secretary determines that the technology is
not available for a point of sale device to meet the
requirement under subclause (I), the farmers' market or
direct marketing farmer provides to the Secretary any other
information, as determined by the Secretary, necessary to
ensure the integrity of transactions processed using the
point of sale device.''.
(c) Evaluation of State Electronic Benefit Transfer
Systems.--Section 7(h) of the Food and Nutrition Act of 2008
(7 U.S.C. 2016(h)) is amended by adding at the end the
following:
``(15) GAO evaluation and study of state electronic benefit
transfer systems.--
``(A) Evaluation.--
``(i) In general.--Not later than 18 months after the date
of enactment of this paragraph, the Comptroller General of
the United States (referred to in this paragraph as the
`Comptroller General') shall evaluate for each electronic
benefit transfer system of a State agency selected in
accordance with clause (ii)--
``(I) any type of fee charged--
``(aa) by the benefit issuer (or an affiliate, agent, or
contractor of the benefit issuer) of the State agency for
electronic benefit transfer-related services, including
electronic benefit transfer-related services that did not
exist before February 7, 2014; and
``(bb) to any retail food stores, including retail food
stores that are exempt under subsection (f)(2)(B)(i) for
electronic benefit transfer-related services;
``(II) in consultation with the Secretary and the retail
food stores within the State, any electronic benefit transfer
system outages affecting the EBT cards of the State agency;
``(III) in consultation with the Secretary, any type of
entity that--
``(aa) provides electronic benefit transfer equipment and
related services to the State agency, any benefit issuers of
the State agency, or any retail food stores within the State;
``(bb) routes or switches transactions through the
electronic benefit transfer system of the State agency; or
``(cc) has access to transaction information in the
electronic benefit transfer system of the State agency; and
``(IV) in consultation with the Secretary, any emerging
entities, services, or technologies in use with respect to
the electronic benefit transfer system of the State agency.
``(ii) Selection criteria.--The Comptroller General shall
select for evaluation under clause (i)--
``(I) with respect to each benefit issuer that provides
electronic benefit transfer-related services to 1 or more
State agencies, not fewer than 1 electronic benefit transfer
system provided by that benefit issuer; and
``(II) any electronic benefit transfer system of a State
agency that has experienced significant or frequent outages
during the 2-year period preceding the date of enactment of
this paragraph.
``(B) Study.--Not later than 2 years after the date of
enactment of this paragraph, the Comptroller General shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report based on the evaluation
carried out under subparagraph (A) that includes--
``(i) a description of the types of entities that--
``(I) provide electronic benefit transfer equipment and
related services to State agencies, benefit issuers, and
retail food stores;
``(II) route or switch transactions through electronic
benefit transfer systems of State agencies; or
``(III) have access to transaction information in
electronic benefit transfer systems of State agencies;
``(ii) a description of emerging entities, services, and
technologies in use with respect to electronic benefit
transfer systems of State agencies; and
``(iii) a summary of--
``(I) the types of fees charged--
``(aa) by benefit issuers (or affiliates, agents, or
contractors of benefit issuers) of State agencies for
electronic benefit transfer-related services, including
whether the types of fees existed before February 7, 2014;
and
``(bb) to any retail food stores, including retail food
stores that are exempt under subsection (f)(2)(B)(i) for
electronic benefit transfer-related services;
``(II)(aa) the causes of any electronic benefit transfer
system outages affecting EBT cards; and
``(bb) potential solutions to minimize the disruption of
outages to participating households.
``(16) Review of ebt systems requirements.--
``(A) Review.--
``(i) In general.--Not later than 18 months after the date
of enactment of this paragraph, the Secretary shall review
for each electronic benefit transfer system of a State agency
selected under clause (ii)--
``(I) any contracts or other agreements between the State
agency and the benefit issuer of the State agency to
determine--
``(aa) the customer service requirements of the benefit
issuer, including call center requirements; and
``(bb) the consistency and compatibility of data provided
by the benefit issuer to the Secretary for appropriate
oversight of possible fraudulent transactions; and
``(II) the use of third-party applications that access the
electronic benefit transfer system to provide electronic
benefit transfer account information to participating
households.
``(ii) Selection criteria.--The Secretary shall select for
the review under clause (i) not fewer than 5 electronic
benefit transfer systems of State agencies, of which--
``(I) with respect to each benefit issuer that provides
electronic benefit transfer-related services to 1 or more
State agencies, not fewer than 1 shall be provided by that
benefit issuer; and
``(II) not more than 4 shall have experienced significant
or frequent outages during the 2-year period preceding the
date of enactment of this paragraph.
``(B) Regulations and guidance.--Based on the study
conducted by the Comptroller General of the United States
under paragraph (15)(B) and the review conducted by the
Secretary under subparagraph (A), the Secretary shall
promulgate such regulations or issue such guidance as the
Secretary determines appropriate--
``(i) to prohibit the imposition of any fee that is
inconsistent with paragraph (13);
``(ii) to minimize electronic benefit system outages;
``(iii) to update procedures to handle electronic benefit
transfer system outages that minimize disruption to
participating households and retail food stores while
protecting against fraud and abuse;
``(iv) to develop cost-effective customer service standards
for benefit issuers, including benefit issuer call centers or
other customer service options equivalent to call centers,
that would ensure adequate customer service for participating
households;
``(v) to address the use of third-party applications that
access electronic benefit transfer systems to provide
electronic benefit transfer account information to
participating households, including by establishing
safeguards consistent with sections 9(c) and 11(e)(8) to
protect the privacy of data relating to participating
households and approved retail food stores; and
``(vi) to improve the reliability of electronic benefit
transfer systems.
``(C) Report.--Not later than 2 years after the date of
enactment of this paragraph, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that includes a description of the
effects, if any, on an electronic benefit transfer system of
a State agency from the use of third-party applications that
access the electronic benefit transfer system to provide
electronic benefit transfer account information to
participating households.''.
(d) Approval of Retail Food Stores.--Section 9 of the Food
and Nutrition Act (7 U.S.C. 2018) is amended--
(1) in subsection (a)(1)--
(A) in the fourth sentence, by striking ``No retail food
store'' and inserting the following:
``(D) Visit required.--No retail food store'';
(B) in the third sentence, by striking ``Approval'' and
inserting the following:
``(C) Certificate.--Approval'';
(C) in the second sentence--
(i) by striking ``food; and (D) the'' and inserting the
following: ``food;
``(iv) any information, if available, about the ability of
the anticipated or existing electronic benefit transfer
equipment and service provider of the applicant to provide
sufficient information through the electronic benefit
transfer system to minimize the risk of fraudulent
transactions; and
``(v) the'';
(ii) by striking ``concern; (C) whether'' and inserting the
following: ``concern;
``(iii) whether'';
(iii) by striking ``applicant; (B) the'' and inserting the
following: ``applicant;
``(ii) the'';
[[Page S4554]]
(iv) by striking ``following: (A) the nature'' and
inserting the following: ``following:
``(i) the nature''; and
(v) in the matter preceding clause (i) (as so designated),
by striking ``In determining'' and inserting the following:
``(B) Factors for consideration.--In determining''; and
(D) in the first sentence, by striking ``(a)(1)
Regulations'' and inserting the following:
``(a) Authorization to Accept and Redeem Benefits.--
``(1) Applications.--
``(A) In general.--Regulations'';
(2) in subsection (a), by adding at the end the following:
``(4) Electronic benefit transfer equipment and service
providers.--Before implementing clause (iv) of paragraph
(1)(B), the Secretary shall issue guidance for retail food
stores on how to select electronic benefit transfer equipment
and service providers that are able to meet the requirements
of that clause.''; and
(3) in subsection (c), in the first sentence, by inserting
``records relating to electronic benefit transfer equipment
and related services, transaction and redemption data
provided through the electronic benefit transfer system,''
after ``purchase invoices,''.
SEC. 4105. RETAIL INCENTIVES.
Section 9 of the Food and Nutrition Act of 2008 (7 U.S.C.
2018) is amended by adding at the end the following:
``(i) Incentives.--
``(1) Definition of eligible incentive food.--In this
subsection, the term `eligible incentive food' means food
that is--
``(A) identified for increased consumption by the most
recent Dietary Guidelines for Americans published under
section 301 of the National Nutrition Monitoring and Related
Research Act of 1990 (7 U.S.C. 5341); and
``(B) a fruit, a vegetable, low-fat dairy, or a whole
grain.
``(2) Regulations.--
``(A) In general.--The Secretary shall promulgate
regulations to clarify the process by which an approved
retail food store may seek a waiver to offer an incentive
that may be used only for the purchase of eligible incentive
food at the point of purchase to a household purchasing food
with benefits issued under this Act.
``(B) Regulations.--The regulations under subparagraph (A)
shall establish a process under which an approved retail food
store, prior to carrying out an incentive program under this
subsection, shall provide to the Secretary information
describing the incentive program, including--
``(i) the types of incentives that will be offered;
``(ii) the types of foods that will be incentivized for
purchase; and
``(iii) an explanation of how the incentive program intends
to support meeting dietary intake goals.
``(3) No limitation on benefits.--A waiver granted under
this subsection shall not be used to carry out any activity
that limits the use of benefits under this Act or any other
Federal nutrition law.
``(4) Effect.--Regulations promulgated under this
subsection shall not affect any requirements under section
4405 of the Food, Conservation, and Energy Act of 2008 (7
U.S.C. 7517) or section 4304 of the Agriculture Improvement
Act of 2018, including the eligibility of a retail food store
to participate in a project funded under those sections.
``(5) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report describing the types of incentives
approved under this subsection.''.
SEC. 4106. REQUIRED ACTION ON DATA MATCH INFORMATION.
Section 11(e) of the Food and Nutrition Act of 2008 (7
U.S.C. 2020(e)) is amended--
(1) in paragraph (24), by striking ``and'' after the
semicolon;
(2) in paragraph (25), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(26) that for a household participating in the
supplemental nutrition assistance program, the State agency
shall pursue clarification and verification, if applicable,
of information relating to the circumstances of the household
received from data matches for the purpose of ensuring an
accurate eligibility and benefit determination, only if the
information--
``(A) appears to present significantly conflicting
information from the information that was used by the State
agency at the time of certification of the household;
``(B) is obtained from data matches carried out under
subsection (q), (r), or (w); or
``(C)(i) is fewer than 60 days old relative to the current
month of participation of the household; and
``(ii) if accurate, would have been required to be reported
by the household based on the reporting requirements assigned
to the household by the State agency under section 6(c).''.
SEC. 4107. INCOME VERIFICATION.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) (as amended by section 4103(c)(2)(C)) is amended by
adding at the end the following:
``(l) Pilot Projects for Improving Earned Income
Verification.--
``(1) In general.--Under such terms and conditions as the
Secretary considers to be appropriate, the Secretary shall
establish a pilot program (referred to in this subsection as
the `pilot program') under which not more than 8 States may
carry out pilot projects to test strategies to improve the
accuracy or efficiency of the process for verification of
earned income at certification and recertification of
applicant households for the supplemental nutrition
assistance program.
``(2) Contract options.--
``(A) In general.--In carrying out the pilot program, prior
to soliciting applications for pilot projects from State
agencies, the Secretary shall--
``(i) assess the availability of up-to-date earned income
information from different commercial data service providers;
and
``(ii) make a determination regarding the overall cost-
effectiveness to the Department of Agriculture and the State
agencies administering the supplemental nutrition assistance
program of--
``(I) the Secretary entering into a contract with a
commercial data service provider to provide to State agencies
carrying out pilot projects up-to-date earned income
information for verification of the earned income at
certification and recertification of applicant households for
the supplemental nutrition assistance program;
``(II) the Secretary entering into an agreement with the
Secretary of Health and Human Services to allow State
agencies carrying out pilot projects to verify earned income
information at certification and recertification of applicant
households for the supplemental nutrition assistance program
in the State using up-to-date earned income information from
a commercial data service provider under the electronic
interface developed by the State and used by the State
Medicaid agency to verify income eligibility for the State
Medicaid program under title XIX of the Social Security Act
(42 U.S.C. 1396 et seq.); or
``(III) a State agency carrying out a pilot project
entering into a contract with a commercial data service
provider to obtain up-to-date earned income information to
verify the earned income at certification and recertification
of applicant households for the supplemental nutrition
assistance program in the State.
``(B) Authority to enter into contracts.--If determined
appropriate by the Secretary, the Secretary may, based on the
cost-effectiveness determination described in subparagraph
(A)(ii)--
``(i) enter into a contract described in subclause (I) of
that subparagraph;
``(ii) enter into an agreement described in subclause (II)
of that subparagraph; or
``(iii) allow each State agency carrying out a pilot
project to enter into a contract described in subclause (III)
of that subparagraph, on the condition that the Federal share
of the cost of the contract shall not exceed 75 percent of
the total cost of the contract.
``(C) Report.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that describes the results of the
assessment and determination under subparagraph (A).
``(3) Pilot projects.--
``(A) Application.--A State agency seeking to carry out a
pilot project under the pilot program shall submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require,
including--
``(i) an identification of the 1 or more proposed changes
to the process for verifying earned income used by the State
agency;
``(ii) a description of how the proposed changes under
clause (i) would meet the purpose described in paragraph (1);
and
``(iii) a plan to evaluate how the proposed changes under
clause (i) would improve the accuracy or efficiency of the
verification of earned income at certification and
recertification of applicant households for the supplemental
nutrition assistance program in the State.
``(B) Selection criteria.--The Secretary shall select to
carry out pilot projects State agencies that, as determined
by the Secretary--
``(i) do not have access to up-to-date earned income
information for the verification of earned income at
certification and recertification of applicant households for
the supplemental nutrition assistance program in the State;
``(ii) would be able to access and use, for the
verification of earned income at certification and
recertification of applicant households for the supplemental
nutrition assistance program in the State, up-to-date earned
income information used to determine eligibility for another
Federal assistance program; or
``(iii) have cost-effective, innovative approaches to
verifying earned income that would improve the accuracy or
efficiency of the verification of earned income at
certification and recertification of applicant households for
the supplemental nutrition assistance program in the State.
``(4) Grants.--The Secretary may make grants to a State
agency to carry out a pilot project.
``(5) Effect on other requirements.--A pilot project
carried out under this subsection shall not alter the
eligibility requirements under section 5 or the reporting
requirements under section 6(c).
``(6) Report.--Not later than 180 days after the date on
which the pilot program terminates under paragraph (8), the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and
[[Page S4555]]
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report that describes the results of the pilot
projects carried out under the pilot program.
``(7) Funding.--
``(A) In general.--Out of funds made available under
section 18(a)(1), on October 1, 2018, the Secretary shall
make available $10,000,000 to carry out this subsection, to
remain available until expended.
``(B) Costs.--The Secretary shall allocate not more than 10
percent of the amounts made available under subparagraph (A)
to carry out subparagraphs (A) and (C) of paragraph (2) and
paragraph (6).
``(8) Termination.--The pilot program shall terminate not
later than September 30, 2022.''.
SEC. 4108. PILOT PROJECTS TO IMPROVE HEALTHY DIETARY PATTERNS
RELATED TO FLUID MILK IN THE SUPPLEMENTAL
NUTRITION ASSISTANCE PROGRAM.
Section 17 of the Food and Nutrition Act of 2008 (7 U.S.C.
2026) (as amended by section 4107) is amended by adding at
the end the following:
``(m) Pilot Projects to Improve Healthy Dietary Patterns
Related to Fluid Milk Consumption Among Participants or
Households in the Supplemental Nutrition Assistance Program
That Under-consume Fluid Milk.--
``(1) Definition of fluid milk.--In this subsection, the
term `fluid milk' means cow milk, without flavoring or
sweeteners, consistent with the most recent Dietary
Guidelines for Americans published under section 301 of the
National Nutrition Monitoring and Related Research Act of
1990 (7 U.S.C. 5341), that is packaged in liquid form.
``(2) Pilot projects.--The Secretary shall carry out, under
such terms and conditions as the Secretary considers to be
appropriate, pilot projects to develop and test methods that
would increase the purchase of fluid milk, in a manner
consistent with the most recent Dietary Guidelines for
Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341), by individuals or households participating in
the supplemental nutrition assistance program that under-
consume fluid milk by providing an incentive for the purchase
of fluid milk at the point of purchase to a household
purchasing food with supplemental nutrition assistance
program benefits.
``(3) Grants or cooperative agreements.--
``(A) In general.--In carrying out this subsection, the
Secretary may enter into competitively awarded cooperative
agreements with, or provide grants to, a government agency or
nonprofit organization for use in accordance with projects
that meet the strategic goals of this subsection, including
allowing the government agency or nonprofit organization to
award subgrants to retail food stores authorized under this
Act.
``(B) Application.--To be eligible to receive a cooperative
agreement or grant under this paragraph, a government agency
or nonprofit organization shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(C) Selection criteria.--Pilot projects shall be
evaluated against publicly disseminated criteria that shall
include--
``(i) incorporation of a scientifically based strategy that
is designed to improve diet quality through the increased
purchase of fluid milk for participants or households in the
supplemental nutrition assistance program that under-consume
fluid milk;
``(ii) a commitment to a pilot project that allows for a
rigorous outcome evaluation, including data collection; and
``(iii) other criteria, as determined by the Secretary.
``(D) Use of funds.--Funds provided under this paragraph
shall not be used for any project that limits the use of
benefits under this Act.
``(E) Duration.--Each pilot project carried out under this
subsection shall be in effect for not more than 24 months.
``(4) Projects.--Pilot projects carried out under paragraph
(2) shall include projects to determine whether incentives
for the purchase of fluid milk by individuals or households
participating in the supplemental nutrition assistance
program that under-consume fluid milk result in--
``(A) improved nutritional outcomes for participating
individuals or households;
``(B) changes in purchasing and consumption of fluid milk
among participating individuals or households; or
``(C) diets more closely aligned with healthy eating
patterns consistent with the most recent Dietary Guidelines
for Americans published under section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341).
``(5) Evaluation and reporting.--
``(A) Evaluation.--
``(i) Independent evaluation.--
``(I) In general.--The Secretary shall provide for an
independent evaluation of projects selected under this
subsection that measures the impact of the pilot program on
health and nutrition as described in paragraphs (2) through
(4).
``(II) Requirement.--The independent evaluation under
subclause (I) shall use rigorous methodologies, particularly
random assignment or other methods that are capable of
producing scientifically valid information regarding which
activities are effective.
``(ii) Costs.--The Secretary may use funds provided to
carry out this subsection to pay costs associated with
monitoring and evaluating each pilot project.
``(B) Reporting.--Not later than 90 days after the last day
of fiscal year 2019 and each fiscal year thereafter until the
completion of the last evaluation under subparagraph (A), the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that includes
a description of--
``(i) the status of each pilot project;
``(ii) the results of the evaluation completed during the
previous fiscal year; and
``(iii) to the maximum extent practicable--
``(I) the impact of the pilot project on appropriate
health, nutrition, and associated behavioral outcomes among
households participating in the pilot project;
``(II) baseline information relevant to the stated goals
and desired outcomes of the pilot project; and
``(III) equivalent information about similar or identical
measures among control or comparison groups that did not
participate in the pilot project.
``(C) Public dissemination.--In addition to the reporting
requirements under subparagraph (B), evaluation results shall
be shared broadly to inform policy makers, service providers,
other partners, and the public to promote wide use of
successful strategies.
``(6) Funding.--
``(A) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000,
to remain available until expended.
``(B) Appropriations in advance.--Only funds appropriated
under subparagraph (A) in advance specifically to carry out
this subsection shall be available to carry out this
subsection.''.
SEC. 4109. INTERSTATE DATA MATCHING TO PREVENT MULTIPLE
ISSUANCES.
Section 11 of the Food and Nutrition Act of 2008 (7 U.S.C.
2020) is amended by adding at the end the following:
``(w) National Accuracy Clearinghouse.--
``(1) Definition of indication of multiple issuance.--In
this subsection, the term `indication of multiple issuance'
means an indication, based on a computer match, that benefits
are being issued to an individual under the supplemental
nutrition assistance program from more than 1 State
simultaneously.
``(2) Establishment.--
``(A) In general.--The Secretary shall establish an
interstate data system, to be known as the `National Accuracy
Clearinghouse', to prevent the simultaneous issuance of
benefits to an individual by more than 1 State under the
supplemental nutrition assistance program.
``(B) Data matching.--The Secretary shall require that
States make available to the National Accuracy Clearinghouse
only such information as is necessary for the purpose
described in subparagraph (A).
``(C) Data protection.--The information made available by
States under subparagraph (B)--
``(i) shall be used only for the purpose described in
subparagraph (A); and
``(ii) shall not be retained for longer than is necessary
to accomplish that purpose.
``(3) Issuance of interim final regulations.--Not later
than 18 months after the date of enactment of this
subsection, the Secretary shall promulgate regulations (which
shall include interim final regulations) to carry out this
subsection that--
``(A) incorporate best practices and lessons learned from
the pilot program under section 4032(c) of the Agricultural
Act of 2014 (7 U.S.C. 2036c(c));
``(B) require a State to take appropriate action, as
determined by the Secretary, with respect to each indication
of multiple issuance or indication that an individual
receiving benefits in 1 State has applied to receive benefits
in another State, while ensuring timely and fair service to
applicants for, and participants in, the supplemental
nutrition assistance program;
``(C) limit the information submitted through or retained
by the National Accuracy Clearinghouse to information
necessary to accomplish the purpose described in paragraph
(2)(A);
``(D) establish safeguards to protect--
``(i) the information submitted through or retained by the
National Accuracy Clearinghouse, including by limiting the
period of time that information is retained to the period
necessary to accomplish the purpose described in paragraph
(2)(A); and
``(ii) the privacy of information that is submitted through
or retained by the National Accuracy Clearinghouse, which
shall include--
``(I) prohibiting any contractor who has access to
information that is submitted through or retained by the
National Accuracy Clearinghouse from using that information
for purposes not directly related to the purpose described in
paragraph (2)(A); and
``(II) other safeguards, consistent with subsection (e)(8);
``(E) establish a process by which a State shall--
``(i) not later than 3 years after the date of enactment of
this subsection, conduct a computer match using the National
Accuracy Clearinghouse;
``(ii) after the first computer match under clause (i),
conduct computer matches on an
[[Page S4556]]
ongoing basis, as determined by the Secretary;
``(iii) identify and take appropriate action, as determined
by the Secretary, with respect to each indication of multiple
issuance or indication that an individual receiving benefits
in 1 State has applied to receive benefits in another State;
and
``(iv) protect the identity and location of a vulnerable
individual (including a victim of domestic violence) that is
an applicant to or participant of the supplemental nutrition
assistance program; and
``(F) include other rules and standards, as determined by
the Secretary.''.
SEC. 4110. QUALITY CONTROL.
(a) Records.--
(1) In general.--Section 11(a)(3)(B) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2020(a)(3)(B)) is amended in
the matter preceding clause (i) by inserting ``and systems
containing those records'' after ``subparagraph (A)''.
(2) Cost sharing for computerization.--Section 16(g)(1) of
the Food and Nutrition Act of 2008 (7 U.S.C. 2025(g)(1)) is
amended--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F)(ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(G) would be accessible by the Secretary for inspection
and audit under section 11(a)(3)(B); and''.
(b) Quality Control System.--Section 16(c)(1) of the Food
and Nutrition Act of 2008 (7 U.S.C. 2025(c)(1)) is amended by
striking subparagraph (B) and inserting the following:
``(B) Quality control system integrity.--
``(i) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall issue interim final regulations that--
``(I) ensure that the quality control system established
under this subsection produces valid statistical results;
``(II) provide for oversight of contracts entered into by a
State agency for the purpose of improving payment accuracy;
``(III) ensure the accuracy of data collected under the
quality control system established under this subsection; and
``(IV) to the maximum extent practicable, for each fiscal
year, evaluate the integrity of the quality control process
of not fewer than 2 State agencies, selected in accordance
with criteria determined by the Secretary.
``(ii) Debarment.--In accordance with the nonprocurement
debarment procedures under part 417 of title 2, Code of
Federal Regulations (or successor regulations), the Secretary
shall bar any person that, in carrying out the quality
control system established under this subsection, knowingly
submits, or causes to be submitted, false information to the
Secretary.''.
(c) Elimination of State Bonuses for Error Rates.--
(1) In general.--Section 16(d) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2025(d)) is amended--
(A) by striking the subsection heading and inserting
``State Performance Indicators and Bonuses.--''; and
(B) in paragraph (2)--
(i) in subparagraph (A)(ii), by striking ``subparagraph
(B)(ii)'' and inserting ``clauses (ii) and (iii) of
subparagraph (B)''; and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking ``With
respect'' and all that follows through the end of clause (i)
and inserting the following:
``(i) Performance measurement.--With respect to fiscal year
2005 and each fiscal year thereafter, the Secretary shall
measure the performance of each State agency with respect to
the criteria established under subparagraph (A)(i).'';
(II) in clause (ii), by striking ``(ii) subject to
paragraph (3),'' and inserting the following:
``(ii) Performance bonuses for fiscal years 2005 through
2017.--With respect to each of fiscal years 2005 through
2017, subject to paragraph (3), the Secretary shall''; and
(III) by adding at the end the following:
``(iii) Performance bonuses for fiscal years 2018 and
thereafter.--
``(I) In general.--With respect to fiscal year 2018 and
each fiscal year thereafter, subject to subclause (II) and
paragraph (3), the Secretary shall award performance bonus
payments in the following fiscal year, in a total amount of
$6,000,000 for each fiscal year, to State agencies that meet
standards for high or most improved performance established
by the Secretary under subparagraph (A)(ii) for the measure
of application processing timeliness.
``(II) Performance bonus payments for fiscal year 2018
performance.--The Secretary shall award performance bonus
payments in a total amount of $6,000,000 to State agencies in
fiscal year 2019 for fiscal year 2018 performance, in
accordance with subclause (I).''.
(2) Conforming amendment.--Section 16(i)(1) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2025(i)(1)) is amended by
striking ``(as defined in subsection (d)(1))''.
SEC. 4111. REQUIREMENT OF LIVE-PRODUCTION ENVIRONMENTS FOR
CERTAIN PILOT PROJECTS RELATING TO COST SHARING
FOR COMPUTERIZATION.
Section 16(g)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2025(g)(1)) (as amended by section 4110(a)(2)) is
amended--
(1) in subparagraph (F), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and indenting
appropriately;
(2) by redesignating subparagraphs (A) through (G) as
clauses (i) through (vii), respectively, and indenting
appropriately;
(3) in the matter preceding clause (i) (as so
redesignated)--
(A) by striking ``paragraphs (2) and (3)'' and inserting
``paragraph (2)''; and
(B) by striking ``in the planning'' and inserting the
following: ``in the--
``(A) planning'';
(4) in clause (v) (as so redesignated) of subparagraph (A)
(as so designated), by striking ``implementation, including
through pilot projects in limited areas for major systems
changes as determined under rules promulgated by the
Secretary, data from which'' and inserting the following:
``implementation, including a requirement that--
``(I) such testing shall be accomplished through pilot
projects in limited areas for major systems changes (as
determined under rules promulgated by the Secretary);
``(II) each pilot project described in subclause (I) that
is carried out before the implementation of a system shall be
conducted in a live-production environment; and
``(III) the data resulting from each pilot project carried
out under this clause''; and
(5) by adding at the end the following:
``(B) operation of 1 or more automatic data processing and
information retrieval systems that the Secretary determines
may continue to be operated in accordance with clauses (i)
through (vii) of subparagraph (A).''.
SEC. 4112. AUTHORIZATION OF APPROPRIATIONS.
Section 18(a)(1) of the Food and Nutrition Act of 2008 (7
U.S.C. 2027(a)(1)) is amended in the first sentence by
striking ``2018'' and inserting ``2023''.
SEC. 4113. ASSISTANCE FOR COMMUNITY FOOD PROJECTS.
Section 25(b)(2) of the Food and Nutrition Act of 2008 (7
U.S.C. 2034(b)(2)) is amended--
(1) in subparagraph (B) by striking ``and'' at the end;
(2) in subparagraph (C) by striking ``fiscal year 2015 and
each fiscal year thereafter.'' and inserting ``each of fiscal
years 2015 through 2018; and''; and
(3) by adding at the end the following:
``(D) $5,000,000 for fiscal year 2019 and each fiscal year
thereafter.''.
SEC. 4114. NUTRITION EDUCATION STATE PLANS.
Section 28(c) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036a(c)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking
``Except as provided in subparagraph (C), a'' and inserting
``A'';
(ii) in clause (ii), by striking ``and'' after the
semicolon;
(iii) by redesignating clause (iii) as clause (iv); and
(iv) by inserting after clause (ii) the following:
``(iii) describe how the State agency shall use an
electronic reporting system that measures and evaluates the
projects; and''; and
(B) by striking subparagraph (C);
(2) in paragraph (3)(B), in the matter preceding clause
(i), by inserting ``, the Director of the National Institute
of Food and Agriculture,'' before ``and outside
stakeholders'';
(3) in paragraph (5), by inserting ``the expanded food and
nutrition education program or'' before ``other health
promotion''; and
(4) by adding at the end the following:
``(6) Report.--The State agency shall submit to the
Secretary an annual evaluation report in accordance with
regulations issued by the Secretary.''.
SEC. 4115. EMERGENCY FOOD ASSISTANCE PROGRAM.
(a) State Plan.--Section 202A(b) of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7503(b)) is amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(5) at the option of the State agency, describe a plan of
operation for 1 or more projects in partnership with 1 or
more emergency feeding organizations located in the State to
harvest, process, and package donated commodities received
under section 203D(d); and
``(6) describe a plan, which may include the use of a State
advisory board established under subsection (c), that
provides emergency feeding organizations or eligible
recipient agencies within the State an opportunity to provide
input on the commodity preferences and needs of the emergency
feeding organization or eligible recipient agency.''.
(b) State and Local Supplementation of Commodities.--
Section 203D of the Emergency Food Assistance Act of 1983 (7
U.S.C. 7507) is amended by adding at the end the following:
``(d) Projects to Harvest, Process, and Package Donated
Commodities.--
``(1) Definition of project.--In this subsection, the term
`project' means the harvesting, processing, or packaging of
unharvested, unprocessed, or unpackaged commodities donated
by agricultural producers, processors, or distributors for
use by emergency feeding organizations under subsection (a).
``(2) Federal funding for projects.--
[[Page S4557]]
``(A) In general.--Subject to subparagraphs (B) and (C) and
paragraph (3), using funds made available under paragraph
(5), the Secretary may provide funding to States to pay for
the costs of carrying out a project.
``(B) Federal share.--The Federal share of the cost of a
project under subparagraph (A) shall not exceed 50 percent of
the total cost of the project.
``(C) Allocation.--
``(i) In general.--Each fiscal year, the Secretary shall
allocate to States that have submitted under section
202A(b)(5) a State plan describing a plan of operation for a
project the funds made available under subparagraph (A) based
on a formula determined by the Secretary.
``(ii) Reallocation.--If the Secretary determines that a
State will not expend all of the funds allocated to the State
for a fiscal year under clause (i), the Secretary shall
reallocate the unexpended funds to other States that have
submitted under section 202A(b)(5) a State plan describing a
plan of operation for a project during that fiscal year or
the subsequent fiscal year, as the Secretary determines
appropriate.
``(iii) Reports.--Each State to which funds are allocated
for a fiscal year under this subparagraph shall, on a regular
basis, submit to the Secretary financial reports describing
the use of the funds.
``(3) Project purposes.--A State may only use Federal funds
received under paragraph (2) for a project the purposes of
which are--
``(A) to reduce food waste at the agricultural production,
processing, or distribution level through the donation of
food;
``(B) to provide food to individuals in need; and
``(C) to build relationships between agricultural
producers, processors, and distributors and emergency feeding
organizations through the donation of food.
``(4) Cooperative agreements.--The Secretary may encourage
a State agency that carries out a project using Federal funds
received under paragraph (2) to enter into cooperative
agreements with State agencies of other States under section
203B(d) to maximize the use of commodities donated under the
project.
``(5) Funding.--Out of funds not otherwise appropriated,
the Secretary of the Treasury shall transfer to the Secretary
to carry out this subsection $4,000,000 for each of fiscal
years 2019 through 2023, to remain available until the end of
the subsequent fiscal year.''.
(c) Food Waste.--Section 203D of the Emergency Food
Assistance Act of 1983 (7 U.S.C. 7507) (as amended by
subsection (b)) is amended by adding at the end the
following:
``(e) Food Waste.--The Secretary shall issue guidance
outlining best practices to minimize the food waste of the
commodities donated under subsection (a).''.
(d) Emergency Food Program Infrastructure Grants.--Section
209(d) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
7511a(d)) is amended by striking ``2018'' and inserting
``2023''.
(e) Availability of Commodities for the Emergency Food
Assistance Program.--Section 27(a) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)) is amended--
(1) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``2018'' and inserting
``2023'';
(B) in subparagraph (D)--
(i) in the matter preceding clause (i), by striking
``2018'' and inserting ``2023'';
(ii) in clause (iii), by striking ``and'' after the
semicolon;
(iii) in clause (iv), by striking ``and'' after the
semicolon;
(iv) by adding at the end the following:
``(v) for fiscal year 2019, $23,000,000;
``(vi) for fiscal year 2020, $35,000,000;
``(vii) for fiscal year 2021, $35,000,000;
``(viii) for fiscal year 2022, $35,000,000; and
``(ix) for fiscal year 2023, $35,000,000; and''; and
(C) in subparagraph (E)--
(i) by striking ``2019'' and inserting ``2024'';
(ii) by striking ``(D)(iv)'' and inserting ``(D)(ix)''; and
(iii) by striking ``June 30, 2017'' and inserting ``June
30, 2023''.
SEC. 4116. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Section 3 of the Food and Nutrition Act of 2008 (7
U.S.C. 2012) is amended--
(1) in subsection (d), by striking ``7(i)'' and inserting
``7(h)'';
(2) in subsection (i), by striking ``7(i)'' and inserting
``7(h)''; and
(3) in subsection (o)(1)(A), by striking ``(r)(1)'' and
inserting ``(q)(1)''.
(b) Section 5(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2014(a)) is amended by striking ``3(n)(4)'' each place
it appears and inserting ``3(m)(4)''.
(c) Section 8 of the Food and Nutrition Act of 2008 (7
U.S.C. 2017) is amended--
(1) in subsection (e)(1), by striking ``3(n)(5)'' and
inserting ``3(m)(5)''; and
(2) in subsection (f)(1)(A), by striking ``3(n)(5)'' and
inserting ``3(m)(5)''.
(d) Section 9(c) of the Food and Nutrition Act of 2008 (7
U.S.C. 2018(c)) is amended in the third sentence by striking
``to any used by'' and inserting ``to, and used by,''.
(e) Section 10 of the Food and Nutrition Act of 2008 (7
U.S.C. 2019) is amended in the first sentence--
(1) by striking ``or the Federal Savings and Loan Insurance
Corporation'' each place it appears; and
(2) by striking ``3(p)(4)'' and inserting ``3(o)(4)''.
(f) Section 11 of the Food and Nutrition Act of 2008 (7
U.S.C. 2020) is amended--
(1) by striking ``3(t)(1)'' each place it appears and
inserting ``3(s)(1)''; and
(2) by striking ``3(t)(2)'' each place it appears and
inserting ``3(s)(2)''.
(g) Section 18(e) of the Food and Nutrition Act of 2008 (7
U.S.C. 2027(e)) is amended in the first sentence by striking
``7(f)'' and inserting ``7(e)''.
(h) Section 25(a)(1)(B)(i)(I) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2034(a)(1)(B)(i)(I)) is amended by striking
``service;;'' and inserting ``service;''.
Subtitle B--Commodity Distribution Programs
SEC. 4201. COMMODITY DISTRIBUTION PROGRAM.
Section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note; Public Law 93-86) is amended in
the first sentence by striking ``2018'' and inserting
``2023''.
SEC. 4202. COMMODITY SUPPLEMENTAL FOOD PROGRAM.
Section 5 of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note; Public Law 93-86) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2)(B), in the matter preceding clause
(i), by striking ``2018'' and inserting ``2023'';
(2) in subsection (d)(2), in the first sentence, by
striking ``2018'' and inserting ``2023''; and
(3) in subsection (g)--
(A) by striking ``Except'' and inserting the following:
``(1) In general.--Except''; and
(B) by adding at the end the following:
``(2) Certification.--
``(A) Definition of certification period.--In this
paragraph, the term `certification period' means the period
during which a participant in the commodity supplemental food
program in a State may continue to receive benefits under the
commodity supplemental food program without a formal review
of the eligibility of the participant.
``(B) Minimum certification period.--Subject to
subparagraphs (C) and (D), a State shall establish for the
commodity supplemental food program of the State a
certification period of--
``(i) not less than 1 year; but
``(ii) not more than 3 years.
``(C) Temporary certification.--An eligible individual in
the commodity supplemental food program in a State may be
provided with a temporary monthly certification to fill any
caseload slot resulting from nonparticipation by other
certified participants.
``(D) Approvals.--A certification period of more than 1
year established by a State under subparagraph (B) shall be
subject to the approval of the Secretary, who shall approve
such a certification period on the condition that, with
respect to each participant receiving benefits under the
commodity supplemental food program of the State, the local
agency in the State administering the commodity supplemental
food program, on an annual basis during the certification
period applicable to the participant--
``(i) verifies the address and continued interest of the
participant; and
``(ii) has sufficient reason to determine that the
participant still meets the income eligibility standards
under paragraph (1), which may include a determination that
the participant has a fixed income.''.
SEC. 4203. DISTRIBUTION OF SURPLUS COMMODITIES; SPECIAL
NUTRITION PROJECTS.
Section 1114(a)(2)(A) of the Agriculture and Food Act of
1981 (7 U.S.C. 1431e(a)(2)(A)) is amended in the first
sentence by striking ``2018'' and inserting ``2023''.
Subtitle C--Miscellaneous
SEC. 4301. PURCHASE OF SPECIALTY CROPS.
Section 10603(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 612c-4(b)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4302. SENIORS FARMERS' MARKET NUTRITION PROGRAM.
Section 4402(a) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 3007(a)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 4303. THE GUS SCHUMACHER FOOD INSECURITY NUTRITION
INCENTIVE.
Section 4405 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 7517) is amended--
(1) in the section heading, by striking ``food'' and
inserting ``the gus schumacher food'';
(2) in subsection (a)--
(A) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``means'' and all that follows through the
end of subparagraph (L) and inserting ``means a governmental
agency or nonprofit organization.''; and
(B) in paragraph (3)--
(i) by striking the period at the end and inserting ``;
and'';
(ii) by striking ``means the'' and inserting the following:
``means--
``(A) the''; and
(iii) by adding at the end the following:
``(B) the programs for nutrition assistance under section
19 of that Act (7 U.S.C. 2028).'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
[[Page S4558]]
(ii) by inserting after subparagraph (A) the following:
``(B) Partners and collaborators.--An eligible entity that
receives a grant under this subsection may partner with, or
make subgrants to, public, private, nonprofit, or for-profit
entities, including--
``(i) an emergency feeding organization;
``(ii) an agricultural cooperative;
``(iii) a producer network or association;
``(iv) a community health organization;
``(v) a public benefit corporation;
``(vi) an economic development corporation;
``(vii) a farmers' market;
``(viii) a community-supported agriculture program;
``(ix) a buying club;
``(x) a retail food store participating in the supplemental
nutrition assistance program;
``(xi) a State, local, or tribal agency;
``(xii) another eligible entity that receives a grant; and
``(xiii) any other entity the Secretary designates.'';
(iii) in subparagraph (C) (as so redesignated), by striking
``The'' and inserting ``Except as provided in subparagraph
(D)(iii), the''; and
(iv) in subparagraph (D) (as so redesignated), by adding at
the end the following:
``(iii) Tribal agencies.--The Secretary may allow a tribal
agency to use funds provided to the Indian Tribe of the
tribal agency through a Federal agency (including the Indian
Health Service) or other Federal benefit to satisfy all or
part of the non-Federal share described in clause (i), if
such use is otherwise consistent with the purpose of such
funds.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``For
purposes of'' and all that follows through ``that'' and
inserting ``To receive a grant under this subsection, an
eligible entity shall'';
(II) in clause (i), by striking ``meets'' and inserting
``meet''; and
(III) in clause (ii)--
(aa) in the matter preceding subclause (I), by striking
``proposes'' and inserting ``propose'';
(bb) by striking subclauses (II) and (III) and inserting
the following:
``(II) would increase the purchase of fruits and vegetables
by low-income consumers participating in the supplemental
nutrition assistance program by providing an incentive for
the purchase of fruits and vegetables at the point of
purchase to a household purchasing food with supplemental
nutrition assistance program benefits;
``(III) except in the case of projects receiving $100,000
or less over 1 year, would measure the purchase of fruits and
vegetables by low-income consumers participating in the
supplemental nutrition assistance program;'';
(cc) in subclause (IV), by striking ``and'' at the end; and
(dd) by striking subclause (V) and inserting the following:
``(V) has adequate plans to collect data for reporting and
agrees to provide that information for the report described
in paragraph (5); and
``(VI) would share information with the Training and
Technical Assistance Centers and the Information and
Evaluation Centers (as those terms are defined in paragraph
(4)) for the purposes described in that paragraph.''; and
(ii) in subparagraph (B)--
(I) by striking clause (v);
(II) by redesignating clause (vi) as clause (x); and
(III) by inserting after clause (iv) the following:
``(v) include a program design--
``(I) that provides incentives when fruits or vegetables
are purchased using supplemental nutrition assistance program
benefits; and
``(II) in which the incentives earned may be used only to
purchase fruits or vegetables;
``(vi) have demonstrated the ability to provide services to
underserved communities;
``(vii) include coordination with multiple stakeholders,
such as farm organizations, nutrition education programs,
cooperative extension services, public health departments,
health providers, private and public health insurance
agencies, cooperative grocers, grocery associations, and
community-based and nongovernmental organizations;
``(viii) offer supplemental services in high-need
communities, including online ordering, transportation
between home and store, and delivery services;
``(ix) include food retailers that are open--
``(I) for extended hours; and
``(II) most or all days of the year; or''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Training and technical assistance centers;
information and evaluation centers.--
``(A) Definitions.--In this paragraph:
``(i) Information and evaluation center.--The term
`Information and Evaluation Center' means any of the
information and evaluation centers established under
subparagraph (B)(i)(II).
``(ii) Training and technical assistance center.--The term
`Training and Technical Assistance Center' means any of the
training and technical assistance centers established under
subparagraph (B)(i)(I).
``(B) Establishment.--
``(i) In general.--To provide services to eligible entities
applying for or receiving a grant under this subsection or to
partners or collaborators applying for or receiving a
subgrant under paragraph (1)(B), the Secretary shall
establish, in accordance with clause (ii)--
``(I) 1 or more training and technical centers, each of
which shall be known as a `Food Insecurity Nutrition
Incentive Program Training and Technical Assistance Center';
and
``(II) 1 or more information and evaluation centers, each
of which shall be known as a `Food Insecurity Nutrition
Incentive Program Information and Evaluation Center'.
``(ii) Criteria.--
``(I) In general.--The Secretary shall establish the
Training and Technical Assistance Centers and the Information
and Evaluation Centers under clause (i) by designating as a
Training and Technical Assistance Center or an Information or
Evaluation Center, as applicable, 1 or more entities that
meet the criteria described in subclause (II) or (III), as
applicable.
``(II) Training and technical assistance centers.--To be
eligible to be designated as a Training and Technical
Assistance Center--
``(aa) an entity shall--
``(AA) have the capacity to effectively implement and track
outreach, training, and coordination functions;
``(BB) be able to produce instructional materials that can
easily be replicated and distributed through multiple
formats;
``(CC) have working relationships with nonprofit and
private organizations, State and local governments, and
tribal organizations (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304));
``(DD) have the ability to work in underserved or rural
communities; and
``(EE) have an organizational mission aligned with the
needs of eligible entities receiving grants under this
subsection; or
``(bb) for purposes of carrying out subclauses (VII) and
(VIII) of subparagraph (C)(i), an entity shall--
``(AA) have experience developing or supporting the
development of point of sale technology; and
``(BB) meet any other criteria, as determined by the
Secretary, to effectively carry out subclauses (VII) and
(VIII) of subparagraph (C)(i).
``(III) Information and evaluation centers.--To be eligible
to be designated as an Information and Evaluation Center, an
entity shall--
``(aa) have experience designing, creating, and maintaining
an online, publicly searchable reporting and informational
clearinghouse; and
``(bb) be able to conduct systematic analysis of the
impacts and outcomes of projects using a grant under this
subsection.
``(C) Services.--
``(i) Training and technical assistance centers.--The
Training and Technical Assistance Centers shall provide
services that include--
``(I) assisting eligible entities applying for a grant or
partners or collaborators applying for a subgrant under this
subsection in--
``(aa) assessing the food system in the geographical area
of the eligible entity; and
``(bb) designing a proposed project;
``(II) collecting and providing to eligible entities
applying for or receiving a grant or to partners or
collaborators applying for or receiving a subgrant under this
subsection information on best practices from existing
projects, including best practices regarding communications,
signage, record-keeping, incentive instruments, integration
with point of sale systems, and reporting;
``(III) disseminating information and facilitating
communication among eligible entities receiving a grant or
partners or collaborators receiving a subgrant under this
subsection;
``(IV)(aa) identifying common challenges faced by eligible
entities receiving a grant or partners or collaborators
receiving a subgrant under this subsection; and
``(bb) coordinating the work towards solutions to those
challenges;
``(V) communicating with farms, direct to consumer markets,
and grocery organizations to share information and partner on
projects using a grant or subgrant under this subsection;
``(VI) assisting with collaboration among eligible entities
receiving a grant or partners or collaborators receiving a
subgrant under this subsection, State agencies, and the Food
and Nutrition Service;
``(VII) identifying and providing to eligible entities
applying for or receiving a grant or partners or
collaborators applying for or receiving a subgrant under this
subsection information on point of sale technology that could
reduce cost and increase efficiency of supplemental nutrition
assistance program and incentive transaction processing at
participating authorized retailers;
``(VIII) supporting the development of the technology
described in clause (VII); and
``(IX) other services identified by the Secretary.
``(ii) Information and evaluation centers.--The Information
and Evaluation Centers shall provide services that include--
``(I) using standard metrics based on outcome measures used
for existing projects, and in collaboration with the Director
of the National Institute of Food and Agriculture and the
Administrator of the Food and Nutrition Service, creating a
system to collect
[[Page S4559]]
and compile core data sets from eligible entities receiving a
grant and partners or collaborators receiving a subgrant, as
appropriate, under this subsection;
``(II) beginning with fiscal year 2020, preparing an annual
report with summary data and an evaluation of each project
receiving a grant under this subsection during the fiscal
year preceding the report, that includes the amount of grant
funds used for the project and the measurement of the
outcomes of the project, for submission to the Secretary; and
``(III) other services identified by the Secretary.
``(D) Grants and cooperative agreements.--In carrying out
this paragraph, the Secretary, on a competitive basis, shall
make grants to, or enter into cooperative agreements with--
``(i) State cooperative extension services;
``(ii) nongovernmental organizations;
``(iii) Federal, State, or tribal agencies;
``(iv) 2-year and 4-year degree-granting institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))) and land-grant
colleges and universities (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)); and
``(v) other appropriate partners, as determined by the
Secretary.
``(5) Annual evaluation and report.--
``(A) In general.--Annually beginning with fiscal year
2020, the Secretary shall conduct, and submit to Congress an
evaluation of each project receiving a grant under this
subsection, including--
``(i) the results of the project;
``(ii) the amount of grant funds used for the project; and
``(iii) a measurement of the outcomes of the project.
``(B) Requirement.--The evaluation conducted under
subparagraph (A) shall be based on uniform data provided by
eligible entities receiving a grant under this subsection.
``(C) Public availability.--The Secretary shall make the
evaluation conducted under subparagraph (A), including the
data provided by eligible entities under subparagraph (B),
publicly available online in an anonymized format that
protects confidential, personal, or other sensitive data.
``(D) Reporting mechanism.--The Secretary shall, to the
maximum extent practicable, include eligible entities
receiving a grant under this subsection, grocers, farmers,
health professionals, researchers, and employees of the
Department of Agriculture with direct experience with
implementation of the supplemental nutrition assistance
program in the design of--
``(i) the instrument through which data will be collected
from eligible entities under subparagraph (B); and
``(ii) the mechanism for reporting by eligible entities.'';
and
(4) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out
subsection (b) $50,000,000 for fiscal year 2019 and each
fiscal year thereafter.
``(3) Costs.--Of the funds made available under paragraph
(2) for a fiscal year, the Secretary shall allocate not more
than 15 percent--
``(A) to carry out paragraphs (4) and (5) of subsection
(b); and
``(B) to pay for the administrative costs of carrying out
this section.''.
SEC. 4304. HARVESTING HEALTH PILOT PROJECTS.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a nonprofit organization; or
(B) a State or unit of local government.
(2) Healthcare partner.--The term ``healthcare partner''
means a healthcare provider, including--
(A) a hospital;
(B) a Federally-qualified health center (as defined in
section 1905(l) of the Social Security Act (42 U.S.C.
1396d(l)));
(C) a hospital or clinic operated by the Secretary of
Veterans Affairs; or
(D) a health care provider group.
(3) Member.--
(A) In general.--The term ``member'' means, as determined
by the applicable eligible entity or healthcare partner
carrying out a pilot project in accordance with procedures
established by the Secretary--
(i) an individual eligible for--
(I) benefits under the Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.); or
(II) medical assistance under a State plan or a waiver of
such a plan under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) and enrolled under such plan or waiver;
and
(ii) a member of a low-income household that suffers from,
or is at risk of developing, a diet-related health condition.
(B) Scope of eligibility determinations.--A determination
by an eligible entity or healthcare partner that an
individual is a member for purposes of subparagraph (A) shall
not--
(i) constitute a determination that the individual is
eligible for benefits or assistance under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.) or the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), as applicable;
or
(ii) be a factor in determining whether the individual is
eligible for such benefits or assistance.
(4) Pilot project.--The term ``pilot project'' means a
pilot project that is awarded a grant under subsection
(b)(1).
(5) Produce prescription program.--The term ``produce
prescription program'' means a program that--
(A) prescribes fresh fruits and vegetables to members;
(B) may provide--
(i) financial or non-financial incentives for members to
purchase or procure fresh fruits and vegetables; and
(ii) educational resources on nutrition to members; and
(C) may establish additional accessible locations for
members to procure fresh fruits and vegetables.
(b) Grant Program.--
(1) Establishment.--
(A) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants to
eligible entities to conduct pilot projects that demonstrate
and evaluate the impact of a produce prescription program
on--
(i) the improvement of dietary health through increased
consumption of fruits and vegetables;
(ii) the reduction of individual and household food
insecurity; and
(iii) the reduction in health care use and associated
costs.
(B) Healthcare partners.--In carrying out a pilot project
using a grant received under subparagraph (A), an eligible
entity shall partner with 1 or more healthcare partners.
(C) Grant applications.--
(i) In general.--To be eligible to receive a grant under
subparagraph (A), an eligible entity shall submit to the
Secretary an application containing such information as the
Secretary may require, including the information described in
clause (ii).
(ii) Application.--An application under clause (i) shall--
(I) identify the 1 or more healthcare partners with which
the eligible entity is partnering under subparagraph (B); and
(II) include--
(aa) a description of the methods by which an eligible
entity shall--
(AA) screen and verify eligibility for members for
participation in a produce prescription program, in
accordance with procedures established under subsection
(a)(3)(A);
(BB) implement an effective produce prescription program,
including the role of each healthcare partner in implementing
the produce prescription program;
(CC) evaluate members participating in a produce
prescription program with respect to the issues described in
clauses (i) through (iii) of subparagraph (A);
(DD) provide educational opportunities relating to
nutrition to members participating in a produce prescription
program; and
(EE) inform members of the availability of the produce
prescription pilot project;
(bb) a description of any additional nonprofit or emergency
feeding organizations that shall be involved in the pilot
project and the role of each additional nonprofit or
emergency feeding organization in implementing and evaluating
an effective produce prescription program;
(cc) documentation of a partnership agreement with a
relevant State Medicaid agency or other appropriate entity,
as determined by the Secretary, to evaluate the effectiveness
of a produce prescription program in reducing health care use
and associated costs; and
(dd) any other data necessary to analyze the impact of a
produce prescription program, as determined by the Secretary.
(2) Coordination.--In carrying out the grant program
established under paragraph (1), the Secretary shall
coordinate with the Secretary of Health and Human Services
and the heads of other appropriate Federal agencies that
carry out activities relating to healthcare partners.
(3) Partnerships.--
(A) In general.--In carrying out the grant program under
paragraph (1), the Secretary may enter into 1 or more
memoranda of understanding with a Federal agency, a State, or
a private partner to ensure the effective implementation and
evaluation of each pilot project.
(B) Memorandum of understanding.--A memorandum of
understanding entered into under subparagraph (A) shall
include--
(i) a description of a plan to provide educational
opportunities relating to nutrition to members participating
in the produce prescription program;
(ii) a description of the role of the Federal agency,
State, or private partner, as applicable, in implementing and
evaluating an effective produce prescription program;
(iii) documentation of a partnership agreement with a
relevant State Medicaid agency or other appropriate entity,
as determined by the Secretary, to evaluate the effectiveness
of the produce prescription program in reducing health care
use and associated costs; and
(iv) any other data necessary to analyze the impact of the
produce prescription program, as determined by the Secretary.
(c) Funding.--
(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this
section $4,000,000 for each of fiscal years 2019 through
2023, to remain available until expended.
(2) Costs.--The Secretary may use not greater than 10
percent of the amounts provided under paragraph (1) to pay
for the
[[Page S4560]]
costs of administering, monitoring, and evaluating each pilot
project.
TITLE V--CREDIT
Subtitle A--Farm Ownership Loans
SEC. 5101. MODIFICATION OF THE 3-YEAR EXPERIENCE REQUIREMENT
FOR PURPOSES OF ELIGIBILITY FOR FARM OWNERSHIP
LOANS.
(a) In General.--Section 302(b) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1922(b)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A)--
(A) by striking ``(3)'' and inserting ``(5)''; and
(B) by inserting ``(not exceeding 2 years)'' after ``period
of time'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Other acceptable experience.--In determining whether
a farmer or rancher has other acceptable experience under
paragraph (1), the Secretary may count any of--
``(A) not less than 16 hours of post-secondary education in
a field related to agriculture;
``(B) successful completion of a farm management curriculum
offered by a cooperative extension service, a community
college, an adult vocational agriculture program, a non-
profit organization, or a land-grant college or university;
``(C) an honorable discharge from the armed forces of the
United States;
``(D) successful repayment of a youth loan made under
section 311(b);
``(E) at least 1 year as hired farm labor with substantial
management responsibilities;
``(F) successful completion of a farm mentorship,
apprenticeship, or internship program with an emphasis on
management requirements and day-to-day farm management
decisions; and
``(G) an established relationship with an individual
participating as a counselor who has experience in farming or
ranching or is a retired farmer or rancher in a Service Corps
of Retired Executives program authorized under section
8(b)(1)(B) of the Small Business Act (15 U.S.C.
637(b)(1)(B)), or with a local farm or ranch operator or
organization, approved by the Secretary, that is committed to
mentoring the farmer or rancher.
``(3) Deeming rule.--For purposes of paragraph (1), a
farmer or rancher is deemed to have participated in the
business operations of a farm or ranch for not less than 3
years or have other acceptable experience for a period of
time, as determined by the Secretary, if the farmer or
rancher meets the requirements of subparagraphs (E) and (G)
of paragraph (2).''.
(b) Conforming Amendment.--Section 310D(a)(2) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1934(a)(2)) is amended by striking ``paragraphs (2) through
(4) of section 302'' and inserting ``subparagraphs (A)
through (D) of section 302(a)(1)''.
SEC. 5102. CONSERVATION LOAN AND LOAN GUARANTEE PROGRAM.
Section 304(h) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1924(h)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 5103. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.
Section 305 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1925) is amended in subsection (a), by striking
``smaller of'' and all that follows through the period at the
end and inserting the following: ``lesser of--
``(1) the value of the farm or other security; and
``(2) in the case of--
``(A) a loan other than a loan guaranteed by the Secretary,
$600,000 for each of fiscal years 2019 through 2023; or
``(B) a loan guaranteed by the Secretary, subject to
subsection (c), $1,750,000 for each of fiscal years 2019
through 2023.''.
Subtitle B--Operating Loans
SEC. 5201. LIMITATIONS ON AMOUNT OF OPERATING LOANS.
Section 313 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1943) is amended in subsection (a)(1), by
striking ``to exceed'' and all that follows through
``Secretary);'' and inserting the following: ``to exceed, in
the case of--
``(A) a loan other than a loan guaranteed by the Secretary,
$400,000 for each of fiscal years 2019 through 2023; or
``(B) a loan guaranteed by the Secretary, subject to
subsection (c), $1,750,000 for each of fiscal years 2019
through 2023;''.
SEC. 5202. COOPERATIVE LENDING PILOT PROJECTS.
Section 313(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1943(c)(4)(A)) is amended by
striking ``2018'' and inserting ``2023''.
Subtitle C--Administrative Provisions
SEC. 5301. BEGINNING FARMER AND RANCHER INDIVIDUAL
DEVELOPMENT ACCOUNTS PILOT PROGRAM.
Section 333B(h) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1983b(h)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 5302. LOAN AUTHORIZATION LEVELS.
Section 346(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``$4,226,000,000 for each of fiscal years 2008 through 2018''
and inserting ``$12,000,000,000 for each of fiscal years 2019
through 2023''; and
(2) by striking subparagraphs (A) and (B) and inserting the
following:
``(A) $4,000,000,000 shall be for direct loans, of which--
``(i) $2,000,000,000 shall be for farm ownership loans
under subtitle A; and
``(ii) $2,000,000,000 shall be for operating loans under
subtitle B; and
``(B) $8,000,000,000 shall be for guaranteed loans, of
which--
``(i) $4,000,000,000 shall be for farm ownership loans
under subtitle A; and
``(ii) $4,000,000,000 shall be for operating loans under
subtitle B.''.
SEC. 5303. LOAN FUND SET-ASIDES.
Section 346(b)(2)(A)(ii)(III) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1994(b)(2)(A)(ii)(III)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 5304. EQUITABLE RELIEF.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 365 (7 U.S.C. 2008) the following:
``SEC. 366. EQUITABLE RELIEF.
``(a) In General.--Subject to subsection (b), the Secretary
may provide a form of relief described in subsection (c) to
any farmer or rancher who--
``(1) received a direct farm ownership, operating, or
emergency loan under this title; and
``(2) the Secretary determines is not in compliance with
the requirements of this title with respect to the loan.
``(b) Limitation.--The Secretary may only provide relief to
a farm or rancher under subsection (a) if the Secretary
determines that the farmer or rancher--
``(1) acted in good faith; and
``(2) relied on an action of, or the advice of, the
Secretary (including any authorized representative of the
Secretary) to the detriment of the farming or ranching
operation of the farmer or rancher.
``(c) Forms of Relief.--The Secretary may provide to a
farmer or rancher under subsection (a) any of the following
forms of relief:
``(1) The farmer or rancher may retain loans or other
benefits received in association with the loan with respect
to which the farmer or rancher was determined to be
noncompliant under subsection (a)(2).
``(2) The farmer or rancher may receive such other
equitable relief as the Secretary determines to be
appropriate.
``(d) Condition.--As a condition of receiving relief under
this section, the Secretary may require the farmer or rancher
to take actions designed to remedy the noncompliance.
``(e) Administrative Appeal; Judicial Review.--A
determination or action of the Secretary under this section--
``(1) shall be final; and
``(2) shall not be subject to administrative appeal or
judicial review under chapter 7 of title 5, United States
Code.''.
SEC. 5305. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;
QUALIFIED BEGINNING FARMERS AND RANCHERS.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 366 (as added by section 5304) the
following:
``SEC. 367. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS;
QUALIFIED BEGINNING FARMERS AND RANCHERS.
``In the case of a loan guaranteed by the Secretary under
subtitle A or B to a socially disadvantaged farmer or rancher
(as defined in section 355(e)) or a qualified beginning
farmer or rancher, the Secretary shall--
``(1) waive the guarantee fee of 1.5 percent; and
``(2) provide for a standard guarantee plan, which shall
cover an amount equal to 95 percent of the outstanding
principal of the loan.''.
SEC. 5306. EMERGENCY LOAN ELIGIBILITY.
Section 373(b)(2)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008h(b)(2)(B)) is amended--
(1) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and indenting appropriately;
(2) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Secretary'' and inserting
the following:
``(i) In general.--The Secretary''; and
(3) by adding at the end the following:
``(ii) Restructured loans.--For purposes of clause (i), a
borrower who was restructured with a write-down or
restructuring under section 353 shall not be considered to
have received debt forgiveness on a loan made or guaranteed
under this title.''.
Subtitle D--Miscellaneous
SEC. 5401. STATE AGRICULTURAL MEDIATION PROGRAMS.
(a) Issues Covered by State Mediation Programs.--Section
501(c) of the Agricultural Credit Act of 1987 (7 U.S.C.
5101(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B)--
(i) in the matter preceding clause (i), by striking ``under
the jurisdiction of the Department of Agriculture'';
(ii) in clause (ii), by inserting ``and the national
organic program established under the Organic Foods
Production Act of 1990 (7 U.S.C. 6501 et seq.)'' before the
period at the end; and
(iii) by striking clause (vii) and inserting the following:
``(vii) Lease issues, including land leases and equipment
leases.
[[Page S4561]]
``(viii) Family farm transition.
``(ix) Farmer-neighbor disputes.
``(x) Such other issues as the Secretary or the head of the
department of agriculture of each participating State
considers appropriate for better serving the agricultural
community and persons eligible for mediation.''; and
(B) by adding at the end the following:
``(C) Mediation services.--Funding provided for the
mediation program of a qualifying State may also be used to
provide credit counseling to persons described in paragraph
(2)--
``(i) prior to the initiation of any mediation involving
the Department of Agriculture; or
``(ii) unrelated to any ongoing dispute or mediation in
which the Department of Agriculture is a party.'';
(2) in paragraph (2)(A)--
(A) in clause (ii), by striking ``and'' after the
semicolon;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) any other persons involved in an issue described in
any of clauses (i) through (x) of paragraph (1)(B).''; and
(3) in paragraph (3)(F), by striking ``that persons'' and
inserting the following: ``that--
``(i) the Department of Agriculture receives adequate
notification of those issues; and
``(ii) persons''.
(b) Report Required.--Section 505 of the Agricultural
Credit Act of 1987 (7 U.S.C. 5105) is amended to read as
follows:
``SEC. 505. REPORT.
``Not later than 2 years after the date of enactment of the
Agriculture Improvement Act of 2018, the Secretary shall
submit to Congress a report describing--
``(1) the effectiveness of the State mediation programs
receiving matching grants under this subtitle;
``(2) recommendations for improving the delivery of
mediation services to producers;
``(3) the steps being taken to ensure that State mediation
programs receive timely funding under this subtitle; and
``(4) the savings to the States as a result of having a
mediation program.''.
(c) Authorization of Appropriations.--Section 506 of the
Agricultural Credit Act of 1987 (7 U.S.C. 5106) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 5402. SOCIALLY DISADVANTAGED FARMERS AND RANCHERS.
(a) In General.--Section 4.19 of the Farm Credit Act of
1971 (12 U.S.C. 2207) is amended--
(1) by striking the section designation and heading and
inserting the following:
``SEC. 4.19. YOUNG, BEGINNING, SMALL, AND SOCIALLY
DISADVANTAGED FARMERS AND RANCHERS.''; AND
(2) in subsection (a), in the first sentence, by striking
``ranchers.'' and inserting ``ranchers and socially
disadvantaged farmers or ranchers (as defined in section
2501(e) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(e))).''.
(b) Conforming Amendment.--Section 5.17(a)(3) of the Farm
Credit Act of 1971 (12 U.S.C. 2252(a)(3)) is amended, in the
second sentence, by striking ``ranchers.'' and inserting
``ranchers and socially disadvantaged farmers or ranchers (as
defined in section 2501(e) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).''.
SEC. 5403. SHARING OF PRIVILEGED AND CONFIDENTIAL
INFORMATION.
Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended by adding at the end the following:
``(e) Sharing of Privileged and Confidential Information.--
A System institution shall not be considered to have waived
the confidentiality of a privileged communication with an
attorney or an accountant if the System institution provides
the content of the communication to the Farm Credit
Administration pursuant to the supervisory or regulatory
authorities of the Farm Credit Administration.''.
SEC. 5404. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-WIDE
PROHIBITION.
Part C of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.29 (12 U.S.C. 2265) the
following:
``SEC. 5.29A. REMOVAL AND PROHIBITION AUTHORITY; INDUSTRY-
WIDE PROHIBITION.
``(a) Definition of Person.--In this section, the term
`person' means--
``(1) an individual; and
``(2) in the case of a specific determination by the Farm
Credit Administration, a legal entity.
``(b) Industry-wide Prohibition.--Except as provided in
subsection (c), any person who, pursuant to an order issued
under section 5.28 or 5.29, has been removed or suspended
from office at a System institution or prohibited from
participating in the conduct of the affairs of a System
institution shall not, during the period of effectiveness of
the order, continue or commence to hold any office in, or
participate in any manner in the conduct of the affairs of--
``(1) any insured depository institution subject to section
8(e)(7)(A)(i) of the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(i));
``(2) any institution subject to section 8(e)(7)(A)(ii) of
the Federal Deposit Insurance Act (12 U.S.C.
1818(e)(7)(A)(ii));
``(3) any insured credit union under the Federal Credit
Union Act (12 U.S.C. 1751 et seq.);
``(4) any Federal home loan bank;
``(5) any institution chartered under this Act;
``(6) any appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D)));
``(7) the Federal Housing Finance Agency; or
``(8) the Farm Credit Administration.
``(c) Exception for Institution-affiliated Party That
Receives Written Consent.--
``(1) In general.--
``(A) Affiliated parties.--If, on or after the date on
which an order described in subsection (b) is issued that
removes or suspends an institution-affiliated party from
office at a System institution or prohibits an institution-
affiliated party from participating in the conduct of the
affairs of a System institution, that party receives written
consent described in subparagraph (B), subsection (b) shall
not apply to that party--
``(i) to the extent provided in the written consent
received; and
``(ii) with respect to the institution described in each
written consent.
``(B) Written consent described.--The written consent
referred to in subparagraph (A) is written consent received
from--
``(i) the Farm Credit Administration; and
``(ii) each appropriate Federal financial institutions
regulatory agency (as defined in section 8(e)(7)(D) of the
Federal Deposit Insurance Act (12 U.S.C. 1818(e)(7)(D))) of
the applicable institution described in any of paragraphs
(1), (2), (3), or (4) of subsection (b) with respect to which
the party proposes to be become an affiliated party.
``(2) Disclosure.--Any agency described in clause (i) or
(ii) of paragraph (1)(B) that provides a written consent
under that paragraph shall--
``(A) report the action to the Farm Credit Administration;
and
``(B) publicly disclose the action.
``(3) Consultation between agencies.--The agencies
described in clauses (i) and (ii) of paragraph (1)(B) shall
consult with each other before providing any written consent
under that paragraph.
``(d) Violations.--A violation of subsection (b) by any
person who is subject to an order described in that
subsection shall be treated as violation of that order.''.
SEC. 5405. JURISDICTION OVER INSTITUTION-AFFILIATED PARTIES.
Part C of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.31 (12 U.S.C. 2267) the
following:
``SEC. 5.31A. JURISDICTION OVER INSTITUTION-AFFILIATED
PARTIES.
``(a) In General.--For purposes of sections 5.25, 5.26, and
5.32, the jurisdiction of the Farm Credit Administration over
parties, and the authority of the Farm Credit Administration
to initiate actions, shall include enforcement authority over
institution-affiliated parties.
``(b) Effect of Separation on Jurisdiction and Authority.--
Subject to subsection (c), the resignation, termination of
employment or participation, or separation of an institution-
affiliated party (including a separation caused by the
merger, consolidation, conservatorship, or receivership of a
Farm Credit System institution) shall not affect the
jurisdiction and authority of the Farm Credit Administration
to issue any notice or order and proceed under this part
against that party.
``(c) Limitation.--To proceed against a party under
subsection (b), the notice or order described in that
subsection shall be served not later than 6 years after the
date on which the party ceased to be an institution-
affiliated party with respect to the applicable Farm Credit
System institution.
``(d) Applicability.--The date on which a party ceases to
be an institution-affiliated party described in subsection
(c) may occur before, on, or after the date of enactment of
this section.''.
SEC. 5406. DEFINITION OF INSTITUTION-AFFILIATED PARTY.
Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) the term `institution-affiliated party' means--
``(A) a director, officer, employee, shareholder, or agent
of a System institution;
``(B) an independent contractor (including an attorney,
appraiser, or accountant) who knowingly or recklessly
participates in--
``(i) a violation of law (including regulations) that is
associated with the operations and activities of 1 or more
System institutions;
``(ii) a breach of fiduciary duty; or
``(iii) an unsafe practice that causes or is likely to
cause more than a minimum financial loss to, or a significant
adverse effect on, a System institution; and
``(C) any other person, as determined by the Farm Credit
Administration (by regulation or on a case-by-case basis) who
participates in the conduct of the affairs of a System
institution; and''.
SEC. 5407. REPEAL OF OBSOLETE PROVISIONS; TECHNICAL
CORRECTIONS.
(1) Section 1.1(c) of the Farm Credit Act of 1971 (12
U.S.C. 2001(c)) is amended in the first sentence by striking
``including any costs of defeasance under section 4.8(b),''.
[[Page S4562]]
(2) Section 1.2 of the Farm Credit Act of 1971 (12 U.S.C.
2002) is amended by striking subsection (a) and inserting the
following:
``(a) Composition.--The Farm Credit System shall include
the Farm Credit Banks, the bank for cooperatives,
Agricultural Credit Banks, the Federal Land Bank
Associations, the Federal Land Credit Associations, the
Production Credit Associations, the agricultural credit
associations, the Federal Farm Credit Banks Funding
Corporation, the Federal Agricultural Mortgage Corporation,
service corporations established pursuant to section 4.25,
and such other institutions as may be made a part of the Farm
Credit System, all of which shall be chartered by and subject
to regulation by the Farm Credit Administration.''.
(3) Section 2.4 of the Farm Credit Act of 1971 (12 U.S.C.
2075) is amended by striking subsection (d).
(4) Section 3.0(a) of the Farm Credit Act of 1971 (12
U.S.C. 2121(a)) is amended--
(A) in the third sentence, by striking ``and a Central Bank
for Cooperatives''; and
(B) by striking the fifth sentence.
(5) Section 3.2 of the Farm Credit Act of 1971 (12 U.S.C.
2123) is amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``not merged into the
United Bank for Cooperatives or the National Bank for
Cooperatives''; and
(ii) in paragraph (2)(A), in the matter preceding clause
(i), by striking ``(other than the National Bank for
Cooperatives)'';
(B) by striking subsection (b);
(C) in subsection (a)--
(i) by striking ``(a)(1) Each bank'' and inserting the
following:
``(a) In General.--Each bank''; and
(ii) by striking ``(2)(A) If approved'' and inserting the
following:
``(b) Nomination and Election.--
``(1) In general.--If approved'';
(D) in subsection (b)(1) (as so designated)--
(i) in subparagraph (B), by striking ``(B) The total'' and
inserting the following:
``(2) Number of votes.--The total''; and
(ii) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and indenting appropriately; and
(E) in paragraph (2) (as so designated), by striking
``paragraph'' and inserting ``subsection''.
(6) Section 3.5 of the Farm Credit Act of 1971 (12 U.S.C.
2126) is amended in the third sentence by striking
``district''.
(7) Section 3.7(a) of the Farm Credit Act of 1971 (12
U.S.C. 2128(a)) is amended by striking the second sentence.
(8) Section 3.8(b)(1)(A) of the Farm Credit Act of 1971 (12
U.S.C. 2129(b)(1)(A)) is amended by inserting ``(or any
successor agency)'' after ``Rural Electrification
Administration''.
(9) Section 3.9(a) of the Farm Credit Act of 1971 (12
U.S.C. 2130(a)) is amended by striking the third sentence.
(10) Section 3.10 of the Farm Credit Act of 1971 (12 U.S.C.
2131) is amended--
(A) in subsection (c), by striking the second sentence; and
(B) in subsection (d)--
(i) by striking ``district'' each place it appears; and
(ii) by inserting ``for cooperatives (or any successor
bank)'' before ``on account''.
(11) Section 3.11 of the Farm Credit Act of 1971 (12 U.S.C.
2132) is amended--
(A) in subsection (a), in the first sentence, by striking
``subsections (b) and (c) of this section'' and inserting
``subsection (b)'';
(B) in subsection (b)--
(i) in the first sentence, by striking ``district''; and
(ii) in the second sentence, by striking ``Except as
provided in subsection (c) below, all'' and inserting
``All'';
(C) by striking subsection (c); and
(D) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively.
(12) Part B of title III of the Farm Credit Act of 1971 (12
U.S.C. 2141 et seq.) is amended in the part heading by
striking ``United and''.
(13) Section 3.20 of the Farm Credit Act of 1971 (12 U.S.C.
2141) is amended--
(A) in subsection (a), by striking ``or the United Bank for
Cooperatives, as the case may be''; and
(B) in subsection (b), by striking ``the district banks for
cooperatives and the Central Bank for Cooperatives'' and
inserting ``the constituent banks described in section 413(b)
of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note;
Public Law 100-233)''.
(14) Section 3.21 of the Farm Credit Act of 1971 (12 U.S.C.
2142) is repealed.
(15) Section 3.28 of the Farm Credit Act of 1971 (12 U.S.C.
2149) is amended by striking ``a district bank for
cooperatives and the Central Bank for Cooperatives'' and
inserting ``the constituent banks described in section 413(b)
of the Agricultural Credit Act of 1987 (12 U.S.C. 2121 note;
Public Law 100-233)''.
(16) Section 3.29 of the Farm Credit Act of 1971 (12 U.S.C.
2149a) is repealed.
(17) Section 4.0 of the Farm Credit Act of 1971 (12 U.S.C.
2151) is repealed.
(18) Section 4.8 of the Farm Credit Act of 1971 (12 U.S.C.
2159) is amended--
(A) by striking the section designation and heading and all
that follows through ``Each bank'' in subsection (a) and
inserting the following:
``SEC. 4.8. PURCHASE AND SALE OF OBLIGATIONS.
``Each bank''; and
(B) by striking subsection (b).
(19) Section 4.9 of the Farm Credit Act of 1971 (12 U.S.C.
2160) is amended--
(A) in subsection (d)--
(i) by striking paragraph (2) and inserting the following:
``(3) Representation of board.--The Farm Credit System
Insurance Corporation shall not have representation on the
board of directors of the Corporation.'';
(ii) in the undesignated matter following paragraph (1)(D),
by striking ``In selecting'' and inserting the following:
``(2) Considerations.--In selecting''; and
(iii) in paragraph (2) (as so designated), by inserting
``of paragraph (1)'' after ``(A) and (B)'';
(B) by striking subsection (e); and
(C) by redesignating subsection (f) as subsection (e).
(20) Section 4.9A(c) of the Farm Credit Act of 1971 (12
U.S.C. 2162(c)) is amended--
(A) by striking ``institution, and--'' in the matter
preceding paragraph (1) and all that follows through the
period at the end of paragraph (2) and inserting
``institution.'';
(B) by striking ``If an institution'' and inserting the
following:
``(1) In general.--If an institution'';
(C) in paragraph (1) (as so designated), by striking ``the
receiver of the institution'' and inserting ``the Farm Credit
System Insurance Corporation, acting as receiver,''; and
(D) by adding at the end the following:
``(2) Funding.--The Farm Credit System Insurance
Corporation shall use such funds from the Farm Credit
Insurance Fund as are sufficient to carry out this
section.''.
(21) Section 4.12A(a) of the Farm Credit Act of 1971 (12
U.S.C. 2184(a)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--A Farm Credit System bank or association
shall provide to a stockholder of the bank or association a
current list of stockholders of the bank or association not
later than 7 calendar days after the date on which the bank
or association receives a written request for the stockholder
list from the stockholder.''.
(22) Section 4.14A of the Farm Credit Act of 1971 (12
U.S.C. 2202a) is amended--
(A) in subsection (a)--
(i) in the matter preceding paragraph (1), by inserting
``and section 4.36'' before the colon at the end; and
(ii) in paragraph (5)(B)(ii)(I), by striking ``4.14C,'';
(B) by striking subsection (h);
(C) by redesignating subsections (i) through (l) as
subsections (h) through (k), respectively; and
(D) in subsection (k) (as so redesignated), by striking
``production credit''.
(23) Section 4.14C of the Farm Credit Act of 1971 (12
U.S.C. 2202c) is repealed.
(24) Section 4.17 of the Farm Credit Act of 1971 (12 U.S.C.
2205) is amended in the third sentence by striking ``Federal
intermediate credit banks and''.
(25) Section 4.19(a) of the Farm Credit Act of 1971 (12
U.S.C. 2207(a)) (as amended by section 5402(a)(2)) is
amended--
(A) in the first sentence--
(i) by striking ``district''; and
(ii) by striking ``Federal land bank association and
production credit''; and
(B) in the second sentence, by striking ``units'' and
inserting ``institutions''.
(26) Section 4.38 of the Farm Credit Act of 1971 (12 U.S.C.
2219c) is amended by striking ``The Assistance Board
established under section 6.0 and all'' and inserting
``All''.
(27) Section 4.39 of the Farm Credit Act of 1971 (12 U.S.C.
2219d) is amended by striking ``8.0(7))'' and inserting
``8.0)''.
(28) Section 5.16 of the Farm Credit Act of 1971 (12 U.S.C.
2251) is amended--
(A) by striking the section designation and heading and all
that follows through ``As an alternate'' in the matter
preceding paragraph (1) and inserting the following:
``SEC. 5.16. OFFICES, QUARTERS, AND FACILITIES FOR THE FARM
CREDIT ADMINISTRATION.
``(a) Offices.--The Farm Credit Administration shall
maintain--
``(1) the principal office of the Farm Credit
Administration within the Washington-Arlington-Alexandria,
DC-VA-MD-WV Metropolitan Statistical Area, as defined by the
Office of Management and Budget; and
``(2) such other offices in the United States as the Farm
Credit Administration determines are necessary.
``(b) Quarters and Facilities.--As an alternative''; and
(B) in the undesignated matter following paragraph (5) of
subsection (b) (as so designated)--
(i) in the fifth sentence, by striking ``In actions
undertaken by the banks pursuant to the foregoing provisions
of this section'' and inserting the following:
``(5) Agent for banks.--In actions undertaken by the banks
pursuant to this section'';
(ii) in the fourth sentence, by striking ``The plans'' and
inserting the following:
``(4) Approval of board.--The plans'';
(iii) in the third sentence, by striking ``The powers'' and
inserting the following:
``(3) Powers of banks.--The powers'';
(iv) in the second sentence, by striking ``Such advances''
and inserting the following:
``(2) Advances.--The advances of funds described in
paragraph (1)''; and
(v) in the first sentence, by striking ``The Board'' and
inserting the following:
[[Page S4563]]
``(c) Financing.--
``(1) In general.--The Board''.
(29) Section 5.17(a)(2) of the Farm Credit Act of 1971 (12
U.S.C. 2252(a)(2)) is amended by striking the second and
third sentences.
(30) Section 5.18 of the Farm Credit Act of 1971 (12 U.S.C.
2253) is repealed.
(31) Section 5.19 of the Farm Credit Act of 1971 (12 U.S.C.
2254) is amended--
(A) in subsection (a)--
(i) in the first sentence, by striking ``Except for Federal
land bank associations, each'' and inserting ``Each''; and
(ii) by striking the second sentence; and
(B) in subsection (b)--
(i) by striking ``(b)(1) Each'' and inserting ``(b) Each'';
(ii) in the matter preceding paragraph (2) (as so
designated)--
(I) in the second sentence, by striking ``, except with
respect to any actions taken by any banks of the System under
section 4.8(b),''; and
(II) by striking the third sentence; and
(iii) by striking paragraphs (2) and (3).
(32) Section 5.31 of the Farm Credit Act of 1971 (12 U.S.C.
2267) is amended in the second sentence by striking
``4.14A(i)'' and inserting ``4.14A(h)''.
(33) Section 5.32(h) of the Farm Credit Act of 1971 (12
U.S.C. 2268(h)) is amended by striking ``4.14A(i)'' and
inserting ``4.14A(h)''.
(34) Section 5.35 of the Farm Credit Act of 1971 (12 U.S.C.
2271) is amended in paragraph (5) (as redesignated by section
5406(2))--
(A) in subparagraph (A), by adding ``and'' at the end;
(B) by striking subparagraph (B);
(C) by redesignating subparagraph (C) as subparagraph (B);
and
(D) in subparagraph (B) (as so redesignated)--
(i) by striking ``after December 31, 1992,''; and
(ii) by striking ``by the Farm Credit System Assistance
Board under section 6.6 or''.
(35) Section 5.38 of the Farm Credit Act of 1971 (12 U.S.C.
2274) is amended by striking ``a farm'' and all that follows
through ``land bank'' and inserting ``a Farm Credit Bank
board, officer, or employee shall not remove any director or
officer of any''.
(36) Section 5.44 of the Farm Credit Act of 1971 (12 U.S.C.
2275) is repealed.
(37) Section 5.58(2) of the Farm Credit Act of 1971 (12
U.S.C. 2277a-7(2)) is amended by striking the second
sentence.
(38) Section 5.60 of the Farm Credit Act of 1971 (12 U.S.C.
2277a-9) is amended--
(A) in subsection (b), by striking the subsection
designation and heading and all that follows through ``The
Corporation'' in paragraph (2) and inserting the following:
``(b) Amounts in Fund.--The Corporation''; and
(B) in subsection (c)(2), by striking ``Insurance Fund to--
'' in the matter preceding subparagraph (A) and all that
follows through ``ensure'' in subparagraph (B) and inserting
``Insurance Fund to ensure''.
(39) Title VI of the Farm Credit Act of 1971 (12 U.S.C.
2278a et seq.) is repealed.
(40) Section 7.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279c-2) is amended by striking subsection (c).
(41) Section 7.10(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279d(a)) is amended by striking paragraph (4) and
inserting the following:
``(4) the institution pays to the Farm Credit Insurance
Fund the amount by which the total capital of the institution
exceeds 6 percent of the assets;''.
(42) Section 8.0 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa) is amended--
(A) in paragraph (2), by striking ``means--'' in the matter
preceding subparagraph (A) and all that follows through the
period at the end of the undesignated matter following
subparagraph (B) and inserting ``means the board of directors
established under section 8.2.'';
(B) by striking paragraphs (6) and (8);
(C) by redesignating paragraphs (7), (9), and (10) as
paragraphs (6), (7), and (8), respectively; and
(D) in subparagraph (B)(i) of paragraph (7) (as so
redesignated), by striking ``(b) through (d)'' and inserting
``(b) and (c)''.
(43) Section 8.2 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-2) is amended--
(A) by striking subsection (a);
(B) in subsection (b), by striking the subsection
designation and heading and all that follows through the
period at the end of paragraph (1) and inserting the
following:
``(a) In General.--
``(1) Establishment.--The Corporation shall be under the
management of the board of directors.'';
(C) in subsection (a) (as so designated)--
(i) by striking ``permanent board'' each place it appears
and inserting ``Board'';
(ii) by striking paragraph (3);
(iii) by redesignating paragraphs (4) through (10) as
paragraphs (3) through (9), respectively; and
(iv) in paragraph (3)(A) (as so redesignated), by striking
``(6)'' and inserting ``(5)''; and
(D) by redesignating subsection (c) as subsection (b).
(44) Section 8.4(a)(1) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-4(a)(1)) is amended--
(A) in the sixth sentence--
(i) by striking ``Class B'' and inserting the following:
``(iii) Class b stock.--Class B''; and
(ii) by striking ``8.2(b)(2)(B)'' and inserting
``8.2(a)(2)(B)'';
(B) in the fifth sentence--
(i) by striking ``Class A'' and inserting the following:
``(ii) Class a stock.--Class A''; and
(ii) by striking ``8.2(b)(2)(A)'' and inserting
``8.2(a)(2)(A)'';
(C) in the fourth sentence, by striking ``The stock'' and
inserting the following:
``(D) Classes of stock.--
``(i) In general.--The stock'';
(D) by striking the third sentence and inserting the
following:
``(C) Offers.--
``(i) In general.--The Board shall offer the voting common
stock to banks, other financial institutions, insurance
companies, and System institutions under such terms and
conditions as the Board may adopt.
``(ii) Requirements.--The voting common stock shall be
fairly and broadly offered to ensure that--
``(I) no institution or institutions acquire a
disproportionate share of the total quantity of the voting
common stock outstanding of a class of stock; and
``(II) capital contributions and issuances of voting common
stock for the contributions are fairly distributed between
entities eligible to hold class A stock and class B stock.'';
(E) in the second sentence, by striking ``Each share'' and
inserting the following:
``(B) Number of votes.--Each share''; and
(F) in the first sentence, by striking ``The Corporation''
and inserting the following:
``(A) In general.--The Corporation''.
(45) Section 8.6 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-6) is amended--
(A) by striking subsection (d);
(B) by redesignating subsection (e) as subsection (d); and
(C) in paragraph (2) of subsection (d) (as so
redesignated), by striking ``8.0(9))'' and inserting
``8.0)''.
(46) Section 8.9 of the Farm Credit Act of 1971 (12 U.S.C.
2279aa-9) is amended by striking ``4.14C,'' each place it
appears.
(47) Section 8.11(e) of the Farm Credit Act of 1971 (12
U.S.C. 2279aa-11(e)) is amended by striking ``8.0(7))'' and
inserting ``8.0)''.
(48) Section 8.32(a) of the Farm Credit Act of 1971 (12
U.S.C. 2279bb-1(a)) is amended--
(A) in the first sentence of the matter preceding paragraph
(1), by striking ``Not sooner than the expiration of the 3-
year period beginning on the date of enactment of the Farm
Credit System Reform Act of 1996, the'' and inserting
``The''; and
(B) in paragraph (1)(B), by striking ``8.0(9)(C)'' and
inserting ``8.0(7)(C)''.
(49) Section 8.33(b)(2)(A) of the Farm Credit Act of 1971
(12 U.S.C. 2279bb-2(b)(2)(A)) is amended by striking
``8.6(e)'' and inserting ``8.6(d)''.
(50) Section 8.35 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-4) is amended by striking subsection (e).
(51) Section 8.38 of the Farm Credit Act of 1971 (12 U.S.C.
2279bb-7) is repealed.
(52) Section 4 of the Agricultural Marketing Act (12 U.S.C.
1141b) is repealed.
(53) Section 5 of the Agricultural Marketing Act (12 U.S.C.
1141c) is repealed.
(54) Section 6 of the Agricultural Marketing Act (12 U.S.C.
1141d) is repealed.
(55) Section 7 of the Agricultural Marketing Act (12 U.S.C.
1141e) is repealed.
(56) Section 8 of the Agricultural Marketing Act (12 U.S.C.
1141f) is repealed.
(57) Section 14 of the Agricultural Marketing Act (12
U.S.C. 1141i) is repealed.
(58) The Act of June 22, 1939 (53 Stat. 853, chapter 239;
12 U.S.C. 1141d-1), is repealed.
(59) Section 201(e) of the Emergency Relief and
Construction Act of 1932 (12 U.S.C. 1148) is repealed.
(60) Section 2 of the Act of July 14, 1953 (67 Stat. 150,
chapter 192; 12 U.S.C. 1148a-4), is repealed.
(61) Section 32 of the Farm Credit Act of 1937 (12 U.S.C.
1148b) is repealed.
(62) Section 33 of the Farm Credit Act of 1937 (12 U.S.C.
1148c) is repealed.
(63) Section 34 of the Farm Credit Act of 1937 (12 U.S.C.
1148d) is repealed.
(64) The Joint Resolution of March 3, 1932 (47 Stat. 60,
chapter 70; 12 U.S.C. 1401 et seq.), is repealed.
SEC. 5408. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN
OTHER POWERS.
Part E of title V of the Farm Credit Act of 1971 is amended
by inserting after section 5.61B (12 U.S.C. 2277a-10b) the
following:
``SEC. 5.61C. CORPORATION AS CONSERVATOR OR RECEIVER; CERTAIN
OTHER POWERS.
``(a) Definition of Institution.--In this section, the term
`institution' includes any System institution for which the
Corporation has been appointed as conservator or receiver.
``(b) Certain Powers and Duties of Corporation as
Conservator or Receiver.--In addition to the powers inherent
in the express grant of corporate authority under section
5.58(9), and other powers exercised by the Corporation under
this part, the Corporation shall have the following express
powers to act as a conservator or receiver:
``(1) Rulemaking authority of corporation.--The Corporation
may prescribe such regulations as the Corporation determines
to be appropriate regarding the conduct of conservatorships
or receiverships.
``(2) General powers.--
``(A) Successor to system institution.--The Corporation
shall, as conservator or receiver, and by operation of law,
succeed to--
``(i) all rights, titles, powers, and privileges of the
System institution, and of any stockholder, member, officer,
or director of such System institution with respect to the
System institution and the assets of the System institution;
and
[[Page S4564]]
``(ii) title to the books, records, and assets of any
previous conservator or other legal custodian of such System
institution.
``(B) Operate the system institution.--The Corporation may,
as conservator or receiver--
``(i) take over the assets of and operate the System
institution with all the powers of the stockholders or
members, the directors, and the officers of the System
institution and conduct all business of the System
institution;
``(ii) collect all obligations and money due the System
institution;
``(iii) perform all functions of the System institution in
the name of the System institution which are consistent with
the appointment as conservator or receiver;
``(iv) preserve and conserve the assets and property of
such System institution; and
``(v) provide by contract for assistance in fulfilling any
function, activity, action, or duty of the Corporation as
conservator or receiver.
``(C) Functions of system institution's officers,
directors, members, and stockholders.--The Corporation may,
by regulation or order, provide for the exercise of any
function by any stockholder, member, director, or officer of
any System institution for which the Corporation has been
appointed conservator or receiver.
``(D) Powers as conservator.--Subject to any Farm Credit
Administration approvals required under this Act, the
Corporation may, as conservator, take such action as may be--
``(i) necessary to put the System institution in a sound
and solvent condition; and
``(ii) appropriate to carry on the business of the System
institution and preserve and conserve the assets and property
of the System institution.
``(E) Additional powers as receiver.--The Corporation may,
as receiver, liquidate the System institution and proceed to
realize upon the assets of the System institution, in such
manner as the Corporation determines to be appropriate.
``(F) Organization of new system bank.--The Corporation
may, as receiver with respect to any System bank, organize a
bridge System bank under subsection (h).
``(G) Merger; transfer of assets and liabilities.--
``(i) In general.--Subject to clause (ii), the Corporation
may, as conservator or receiver--
``(I) merge the System institution with another System
institution; and
``(II) transfer or sell any asset or liability of the
System institution in default without any approval,
assignment, or consent with respect to such transfer.
``(ii) Approval.--No merger or transfer under clause (i)
may be made to another System institution (other than a
bridge System bank under subsection (h)) without the approval
of the Farm Credit Administration.
``(H) Payment of valid obligations.--The Corporation, as
conservator or receiver, shall, to the extent that proceeds
are realized from the performance of contracts or the sale of
the assets of a System institution, pay all valid obligations
of the System institution in accordance with the
prescriptions and limitations of this section.
``(I) Incidental powers.--
``(i) In general.--The Corporation may, as conservator or
receiver--
``(I) exercise all powers and authorities specifically
granted to conservators or receivers, respectively, under
this section and such incidental powers as shall be necessary
to carry out such powers; and
``(II) take any action authorized by this section, which
the Corporation determines is in the best interests of--
``(aa) the System institution in receivership or
conservatorship;
``(bb) System institutions;
``(cc) System institution stockholders or investors; or
``(dd) the Corporation.
``(ii) Termination of rights and claims.--
``(I) In general.--Except as provided in subclause (II),
notwithstanding any other provision of law, the appointment
of the Corporation as receiver for a System institution and
the succession of the Corporation, by operation of law, to
the rights, titles, powers, and privileges described in
subparagraph (A) shall terminate all rights and claims that
the stockholders and creditors of the System institution may
have, arising as a result of their status as stockholders or
creditors, against the assets or charter of the System
institution or the Corporation.
``(II) Exceptions.--Subclause (I) shall not terminate the
right to payment, resolution, or other satisfaction of the
claims of stockholders and creditors described in that
subclause, as permitted under paragraphs (10) and (11) and
subsection (d).
``(iii) Charter.--Notwithstanding any other provision of
law, for purposes of this section, the charter of a System
institution shall not be considered to be an asset of the
System institution.
``(J) Utilization of private sector.--In carrying out its
responsibilities in the management and disposition of assets
from System institutions, as conservator, receiver, or in its
corporate capacity, the Corporation may utilize the services
of private persons, including real estate and loan portfolio
asset management, property management, auction marketing,
legal, and brokerage services, if the Corporation determines
utilization of such services is practicable, efficient, and
cost effective.
``(3) Authority of receiver to determine claims.--
``(A) In general.--The Corporation may, as receiver,
determine claims in accordance with the requirements of this
subsection and regulations prescribed under paragraph (4).
``(B) Notice requirements.--The receiver, in any case
involving the liquidation or winding up of the affairs of a
closed System institution, shall--
``(i) promptly publish a notice to the System institution's
creditors to present their claims, together with proof, to
the receiver by a date specified in the notice which shall be
not less than 90 days after the publication of such notice;
and
``(ii) republish such notice approximately 1 month and 2
months, respectively, after the publication under clause (i).
``(C) Mailing required.--The receiver shall mail a notice
similar to the notice published under subparagraph (B)(i) at
the time of such publication to any creditor shown on the
System institution's books--
``(i) at the creditor's last address appearing in such
books; or
``(ii) upon discovery of the name and address of a claimant
not appearing on the System institution's books within 30
days after the discovery of such name and address.
``(4) Rulemaking authority relating to determination of
claims.--The Corporation may prescribe regulations regarding
the allowance or disallowance of claims by the receiver and
providing for administrative determination of claims and
review of such determination.
``(5) Procedures for determination of claims.--
``(A) Determination period.--
``(i) In general.--Before the end of the 180-day period
beginning on the date any claim against a System institution
is filed with the Corporation as receiver, the Corporation
shall determine whether to allow or disallow the claim and
shall notify the claimant of any determination with respect
to such claim.
``(ii) Extension of time.--The period described in clause
(i) may be extended by a written agreement between the
claimant and the Corporation.
``(iii) Mailing of notice sufficient.--The requirements of
clause (i) shall be deemed to be satisfied if the notice of
any determination with respect to any claim is mailed to the
last address of the claimant which appears--
``(I) on the System institution's books;
``(II) in the claim filed by the claimant; or
``(III) in documents submitted in proof of the claim.
``(iv) Contents of notice of disallowance.--If any claim
filed under clause (i) is disallowed, the notice to the
claimant shall contain--
``(I) a statement of each reason for the disallowance; and
``(II) the procedures available for obtaining agency review
of the determination to disallow the claim or judicial
determination of the claim.
``(B) Allowance of proven claims.--The receiver shall allow
any claim received on or before the date specified in the
notice published under paragraph (3)(B)(i) by the receiver
from any claimant which is proved to the satisfaction of the
receiver.
``(C) Disallowance of claims filed after end of filing
period.--
``(i) In general.--Except as provided in clause (ii),
claims filed after the date specified in the notice published
under paragraph (3)(B)(i) shall be disallowed and such
disallowance shall be final.
``(ii) Certain exceptions.--Clause (i) shall not apply with
respect to any claim filed by any claimant after the date
specified in the notice published under paragraph (3)(B)(i)
and such claim may be considered by the receiver if--
``(I) the claimant did not receive notice of the
appointment of the receiver in time to file such claim before
such date; and
``(II) such claim is filed in time to permit payment of
such claim.
``(D) Authority to disallow claims.--
``(i) In general.--The receiver may disallow any portion of
any claim by a creditor or claim of security, preference, or
priority which is not proved to the satisfaction of the
receiver.
``(ii) Payments to less than fully secured creditors.--In
the case of a claim of a creditor against a System
institution which is secured by any property or other asset
of such System institution, any receiver appointed for any
System institution--
``(I) may treat the portion of such claim which exceeds an
amount equal to the fair market value of such property or
other asset as an unsecured claim against the System
institution; and
``(II) may not make any payment with respect to such
unsecured portion of the claim other than in connection with
the disposition of all claims of unsecured creditors of the
System institution.
``(iii) Exceptions.--No provision of this paragraph shall
apply with respect to--
``(I) any extension of credit from any Federal Reserve bank
or the United States Treasury to any System institution; or
``(II) any security interest in the assets of the System
institution securing any such extension of credit.
``(E) No judicial review of determination pursuant to
subparagraph (d).--No court may review the Corporation's
determination pursuant to subparagraph (D) to disallow a
claim.
``(F) Legal effect of filing.--
[[Page S4565]]
``(i) Statute of limitation tolled.--For purposes of any
applicable statute of limitations, the filing of a claim with
the receiver shall constitute a commencement of an action.
``(ii) No prejudice to other actions.--Subject to paragraph
(12) and the determination of claims by a receiver, the
filing of a claim with the receiver shall not prejudice any
right of the claimant to continue any action which was filed
before the appointment of the receiver.
``(6) Provision for judicial determination of claims.--
``(A) In general.--Before the end of the 60-day period
beginning on the earlier of--
``(i) the end of the period described in paragraph
(5)(A)(i) with respect to any claim against a System
institution for which the Corporation is receiver; or
``(ii) the date of any notice of disallowance of such claim
pursuant to paragraph (5)(A)(i),
the claimant may request administrative review of the claim
in accordance with paragraph (7) or file suit on such claim
(or continue an action commenced before the appointment of
the receiver) in the district or territorial court of the
United States for the district within which the System
institution's principal place of business is located or the
United States District Court for the District of Columbia
(and such court shall have jurisdiction to hear such claim).
``(B) Statute of limitations.--If any claimant fails to
file suit on such claim (or continue an action commenced
before the appointment of the receiver), before the end of
the 60-day period described in subparagraph (A), the claim
shall be deemed to be disallowed (other than any portion of
such claim which was allowed by the receiver) as of the end
of such period, such disallowance shall be final, and the
claimant shall have no further rights or remedies with
respect to such claim.
``(7) Review of claims; administrative hearing.--If any
claimant requests review under this paragraph in lieu of
filing or continuing any action under paragraph (6) and the
Corporation agrees to such request, the Corporation shall
consider the claim after opportunity for a hearing on the
record. The final determination of the Corporation with
respect to such claim shall be subject to judicial review
under chapter 7 of title 5, United States Code.
``(8) Expedited determination of claims.--
``(A) Establishment required.--The Corporation shall
establish a procedure for expedited relief outside of the
routine claims process established under paragraph (5) for
claimants who--
``(i) allege the existence of legally valid and enforceable
or perfected security interests in assets of any System
institution for which the Corporation has been appointed
receiver; and
``(ii) allege that irreparable injury will occur if the
routine claims procedure is followed.
``(B) Determination period.--Before the end of the 90-day
period beginning on the date any claim is filed in accordance
with the procedures established pursuant to subparagraph (A),
the Corporation shall--
``(i) determine--
``(I) whether to allow or disallow such claim; or
``(II) whether such claim should be determined pursuant to
the procedures established pursuant to paragraph (5); and
``(ii) notify the claimant of the determination, and if the
claim is disallowed, provide a statement of each reason for
the disallowance and the procedure for obtaining agency
review or judicial determination.
``(C) Period for filing or renewing suit.--Any claimant who
files a request for expedited relief shall be permitted to
file a suit, or to continue a suit filed before the
appointment of the receiver, seeking a determination of the
claimant's rights with respect to such security interest
after the earlier of--
``(i) the end of the 90-day period beginning on the date of
the filing of a request for expedited relief; or
``(ii) the date the Corporation denies the claim.
``(D) Statute of limitations.--If an action described in
subparagraph (C) is not filed, or the motion to renew a
previously filed suit is not made, before the end of the 30-
day period beginning on the date on which such action or
motion may be filed in accordance with subparagraph (B), the
claim shall be deemed to be disallowed as of the end of such
period (other than any portion of such claim which was
allowed by the receiver), such disallowance shall be final,
and the claimant shall have no further rights or remedies
with respect to such claim.
``(E) Legal effect of filing.--
``(i) Statute of limitation tolled.--For purposes of any
applicable statute of limitations, the filing of a claim with
the receiver shall constitute a commencement of an action.
``(ii) No prejudice to other actions.--Subject to paragraph
(12), the filing of a claim with the receiver shall not
prejudice any right of the claimant to continue any action
which was filed before the appointment of the receiver.
``(9) Agreement as basis of claim.--
``(A) Requirements.--Except as provided in subparagraph
(B), any agreement which does not meet the requirements set
forth in section 5.61(d) shall not form the basis of, or
substantially comprise, a claim against the receiver or the
Corporation.
``(B) Exception to contemporaneous execution requirement.--
Notwithstanding section 5.61(d), any agreement relating to an
extension of credit between a Federal Reserve bank or the
United States Treasury and any System institution which was
executed before such extension of credit to such System
institution shall be treated as having been executed
contemporaneously with such extension of credit for purposes
of subparagraph (A).
``(10) Payment of claims.--
``(A) In general.--The receiver may, in the receiver's
discretion and to the extent funds are available from the
assets of the System institution, pay creditor claims which
are allowed by the receiver, approved by the Corporation
pursuant to a final determination pursuant to paragraph (7)
or (8), or determined by the final judgment of any court of
competent jurisdiction in such manner and amounts as are
authorized under this Act.
``(B) Liquidation payments.--The receiver may, in the
receiver's sole discretion, pay from the assets of the System
institution portions of proved claims at any time, and no
liability shall attach to the Corporation (in such
Corporation's corporate capacity or as receiver), by reason
of any such payment, for failure to make payments to a
claimant whose claim is not proved at the time of any such
payment.
``(C) Rulemaking authority of corporation.--The Corporation
may prescribe such rules, including definitions of terms, as
it deems appropriate to establish a single uniform interest
rate for or to make payments of post insolvency interest to
creditors holding proven claims against the receivership
estates of System institutions following satisfaction by the
receiver of the principal amount of all creditor claims.
``(11) Priority of expenses and claims.--
``(A) In general.--Amounts realized from the liquidation or
other resolution of any System institution by any receiver
appointed for such System institution shall be distributed to
pay claims (other than secured claims to the extent of any
such security) in the following order of priority:
``(i) Administrative expenses of the receiver.
``(ii) If authorized by the Corporation, wages, salaries,
or commissions, including vacation, severance, and sick leave
pay earned by an individual--
``(I) in an amount that is not more than $11,725 for each
individual (as indexed for inflation, by regulation of the
Corporation); and
``(II) that is earned 180 days or fewer before the date of
appointment of the Corporation as receiver.
``(iii) In the case of the resolution of a System bank, all
claims of holders of consolidated and System-wide bonds and
all claims of the other System banks arising from the
payments of the System banks pursuant to--
``(I) section 4.4 on consolidated and System-wide bonds
issued under subsection (c) or (d) of section 4.2; or
``(II) an agreement, in writing and approved by the Farm
Credit Administration, among the System banks to reallocate
the payments.
``(iv) In the case of the resolution of a production credit
association or other association making direct loans under
section 7.6, all claims of a System bank based on the
financing agreement between the association and the System
bank--
``(I) including interest accrued before and after the
appointment of the receiver; and
``(II) not including any setoff for stock or other equity
of that System bank owned by the association, on that
condition that, prior to making that setoff, that System bank
shall obtain the approval of the Farm Credit Administration
Board for the retirement of that stock or equity.
``(v) Any general or senior liability of the System
institution (which is not a liability described in clause
(vi) or (vii)).
``(vi) Any obligation subordinated to general creditors
(which is not an obligation described in clause (vii)).
``(vii) Any obligation to stockholders or members arising
as a result of their status as stockholders or members.
``(B) Payment of claims.--
``(i) In general.--
``(I) Payment.--All claims of each priority described in
clauses (i) through (vii) of subparagraph (A) shall be paid
in full, or provisions shall be made for that payment, prior
to the payment of any claim of a lesser priority.
``(II) Insufficient funds.--If there are insufficient funds
to pay in full all claims in any priority described clauses
(i) through (vii) of subparagraph (A), distribution on that
priority of claims shall be made on a pro rata basis.
``(ii) Distribution of remaining assets.--Following the
payment of all claims in accordance with subparagraph (A),
the receiver shall distribute the remainder of the assets of
the System institution to the owners of stock, participation
certificates, and other equities in accordance with the
priorities for impairment under the bylaws of the System
institution.
``(iii) Eligible borrower stock.--Notwithstanding
subparagraph (C) or any other provision of this section,
eligible borrower stock shall be retired in accordance with
section 4.9A.
``(C) Effect of state law.--
``(i) In general.--The provisions of subparagraph (A) shall
not supersede the law of any State except to the extent such
law is
[[Page S4566]]
inconsistent with the provisions of such subparagraph, and
then only to the extent of the inconsistency.
``(ii) Procedure for determination of inconsistency.--Upon
the Corporation's own motion or upon the request of any
person with a claim described in subparagraph (A) or any
State which is submitted to the Corporation in accordance
with procedures which the Corporation shall prescribe, the
Corporation shall determine whether any provision of the law
of any State is inconsistent with any provision of
subparagraph (A) and the extent of any such inconsistency.
``(iii) Judicial review.--The final determination of the
Corporation under clause (ii) shall be subject to judicial
review under chapter 7 of title 5, United States Code.
``(D) Accounting report.--Any distribution by the
Corporation in connection with any claim described in
subparagraph (A)(vii) shall be accompanied by the accounting
report required under paragraph (15)(B).
``(12) Suspension of legal actions.--
``(A) In general.--After the appointment of a conservator
or receiver for a System institution, the conservator or
receiver may request a stay for a period not to exceed--
``(i) 45 days, in the case of any conservator; and
``(ii) 90 days, in the case of any receiver,
in any judicial action or proceeding to which such System
institution is or becomes a party.
``(B) Grant of stay by all courts required.--Upon receipt
of a request by any conservator or receiver pursuant to
subparagraph (A) for a stay of any judicial action or
proceeding in any court with jurisdiction of such action or
proceeding, the court shall grant such stay as to all
parties.
``(13) Additional rights and duties.--
``(A) Prior final adjudication.--The Corporation shall
abide by any final unappealable judgment of any court of
competent jurisdiction which was rendered before the
appointment of the Corporation as conservator or receiver.
``(B) Rights and remedies of conservator or receiver.--In
the event of any appealable judgment, the Corporation as
conservator or receiver shall--
``(i) have all the rights and remedies available to the
System institution (before the appointment of such
conservator or receiver) and the Corporation in its corporate
capacity, including removal to Federal court and all
appellate rights; and
``(ii) not be required to post any bond in order to pursue
such remedies.
``(C) No attachment or execution.--No attachment or
execution may issue by any court on--
``(i) assets in the possession of the receiver; or
``(ii) the charter of a System institution for which the
Corporation has been appointed receiver.
``(D) Limitation on judicial review.--Except as otherwise
provided in this subsection, no court shall have jurisdiction
over--
``(i) any claim or action for payment from, or any action
seeking a determination of rights with respect to, the assets
of any System institution for which the Corporation has been
appointed receiver, including assets which the Corporation
may acquire from itself as such receiver; or
``(ii) any claim relating to any act or omission of such
System institution or the Corporation as receiver.
``(E) Disposition of assets.--In exercising any right,
power, privilege, or authority as receiver in connection with
any sale or disposition of assets of any System institution
for which the Corporation is acting as receiver, the
Corporation shall, to the maximum extent practicable, conduct
its operations in a manner which--
``(i) maximizes the net present value return from the sale
or disposition of such assets;
``(ii) minimizes the amount of any loss realized in the
resolution of cases;
``(iii) ensures adequate competition and fair and
consistent treatment of offerors;
``(iv) prohibits discrimination on the basis of race, sex,
or ethnic groups in the solicitation and consideration of
offers; and
``(v) mitigates the potential for serious adverse effects
to the rest of the System.
``(14) Statute of limitations for actions brought by
conservator or receiver.--
``(A) In general.--Notwithstanding any provision of any
contract, the applicable statute of limitations with regard
to any action brought by the Corporation as conservator or
receiver shall be--
``(i) in the case of any contract claim, the longer of--
``(I) the 6-year period beginning on the date the claim
accrues; or
``(II) the period applicable under State law; and
``(ii) in the case of any tort claim, the longer of--
``(I) the 3-year period beginning on the date the claim
accrues; or
``(II) the period applicable under State law.
``(B) Determination of the date on which a claim accrues.--
For purposes of subparagraph (A), the date on which the
statute of limitations begins to run on any claim described
in such subparagraph shall be the later of--
``(i) the date of the appointment of the Corporation as
conservator or receiver; or
``(ii) the date on which the cause of action accrues.
``(C) Revival of expired state causes of action.--
``(i) In general.--In the case of any tort claim described
in clause (ii) for which the statute of limitation applicable
under State law with respect to such claim has expired not
more than 5 years before the appointment of the Corporation
as conservator or receiver, the Corporation may bring an
action as conservator or receiver on such claim without
regard to the expiration of the statute of limitation
applicable under State law.
``(ii) Claims described.--A tort claim referred to in
clause (i) is a claim arising from fraud, intentional
misconduct resulting in unjust enrichment, or intentional
misconduct resulting in substantial loss to the System
institution.
``(15) Accounting and recordkeeping requirements.--
``(A) In general.--The Corporation as conservator or
receiver shall, consistent with the accounting and reporting
practices and procedures established by the Corporation,
maintain a full accounting of each conservatorship and
receivership or other disposition of System institutions in
default.
``(B) Annual accounting or report.--With respect to each
conservatorship or receivership to which the Corporation was
appointed, the Corporation shall make an annual accounting or
report, as appropriate, available to the Farm Credit
Administration Board.
``(C) Availability of reports.--Any report prepared
pursuant to subparagraph (B) shall be made available by the
Corporation upon request to any stockholder of the System
institution for which the Corporation was appointed
conservator or receiver or any other member of the public.
``(D) Recordkeeping requirement.--
``(i) In general.--Except as provided in clause (ii), after
the end of the 6-year period beginning on the date the
Corporation is appointed as receiver of a System institution,
the Corporation may destroy any records of such System
institution which the Corporation, in the Corporation's
discretion, determines to be unnecessary unless directed not
to do so by a court of competent jurisdiction or governmental
agency, or prohibited by law.
``(ii) Old records.--Notwithstanding clause (i), the
Corporation may destroy records of a System institution which
are at least 10 years old as of the date on which the
Corporation is appointed as the receiver of such System
institution in accordance with clause (i) at any time after
such appointment is final, without regard to the 6-year
period of limitation contained in clause (i).
``(16) Fraudulent transfers.--
``(A) In general.--The Corporation, as conservator or
receiver for any System institution, may avoid a transfer of
any interest of a System institution-affiliated party, or any
person who the Corporation determines is a debtor of the
System institution, in property, or any obligation incurred
by such party or person, that was made within 5 years of the
date on which the Corporation was appointed conservator or
receiver if such party or person voluntarily or involuntarily
made such transfer or incurred such liability with the intent
to hinder, delay, or defraud the System institution, the Farm
Credit Administration, or the Corporation.
``(B) Right of recovery.--To the extent a transfer is
avoided under subparagraph (A), the Corporation may recover,
for the benefit of the System institution, the property
transferred, or, if a court so orders, the value of such
property (at the time of such transfer) from--
``(i) the initial transferee of such transfer or the System
institution-affiliated party or person for whose benefit such
transfer was made; or
``(ii) any immediate or mediate transferee of any such
initial transferee.
``(C) Rights of transferee or obligee.--The Corporation may
not recover under subparagraph (B) from--
``(i) any transferee that takes for value, including
satisfaction or securing of a present or antecedent debt, in
good faith; or
``(ii) any immediate or mediate good faith transferee of
such transferee.
``(D) Rights under this paragraph.--The rights under this
paragraph of the Corporation shall be superior to any rights
of a trustee or any other party (other than any party which
is a Federal agency) under title 11, United States Code.
``(17) Attachment of assets and other injunctive relief.--
Subject to paragraph (18), any court of competent
jurisdiction may, at the request of the Corporation (in the
Corporation's capacity as conservator or receiver for any
System institution or in the Corporation's corporate capacity
with respect to any asset acquired or liability assumed by
the Corporation under section 5.61), issue an order in
accordance with Rule 65 of the Federal Rules of Civil
Procedure, including an order placing the assets of any
person designated by the Corporation under the control of the
court and appointing a trustee to hold such assets.
``(18) Standards.--
``(A) Showing.--Rule 65 of the Federal Rules of Civil
Procedure shall apply with respect to any proceeding under
paragraph (17) without regard to the requirement of such rule
that the applicant show that the injury, loss, or damage is
irreparable and immediate.
``(B) State proceeding.--If, in the case of any proceeding
in a State court, the court determines that rules of civil
procedure available under the laws of such State provide
substantially similar protections to such party's right to
due process as Rule 65 (as modified with respect to such
proceeding
[[Page S4567]]
by subparagraph (A)), the relief sought by the Corporation
pursuant to paragraph (17) may be requested under the laws of
such State.
``(19) Treatment of claims arising from breach of contracts
executed by the receiver or conservator.--Notwithstanding any
other provision of this subsection, any final and
unappealable judgment for monetary damages entered against a
receiver or conservator for a System institution for the
breach of an agreement executed or approved by such receiver
or conservator after the date of its appointment shall be
paid as an administrative expense of the receiver or
conservator. Nothing in this paragraph shall be construed to
limit the power of a receiver or conservator to exercise any
rights under contract or law, including terminating,
breaching, canceling, or otherwise discontinuing such
agreement.
``(c) Provisions Relating to Contracts Entered Into Before
Appointment of Conservator or Receiver.--
``(1) Authority to repudiate contracts.--In addition to any
other rights a conservator or receiver may have, the
conservator or receiver for a System institution may
disaffirm or repudiate any contract or lease--
``(A) to which such System institution is a party;
``(B) the performance of which the conservator or receiver,
in the conservator's or receiver's discretion, determines to
be burdensome; and
``(C) the disaffirmance or repudiation of which the
conservator or receiver determines, in the conservator's or
receiver's discretion, will promote the orderly
administration of the System institution's affairs.
``(2) Timing of repudiation.--The Corporation as
conservator or receiver for any System institution shall
determine whether or not to exercise the rights of
repudiation under this subsection within a reasonable period
following such appointment.
``(3) Claims for damages for repudiation.--
``(A) In general.--Except as otherwise provided in
subparagraph (C) and paragraphs (4), (5), and (6), the
liability of the conservator or receiver for the
disaffirmance or repudiation of any contract pursuant to
paragraph (1) shall be--
``(i) limited to actual direct compensatory damages; and
``(ii) determined as of--
``(I) the date of the appointment of the conservator or
receiver; or
``(II) in the case of any contract or agreement referred to
in paragraph (8), the date of the disaffirmance or
repudiation of such contract or agreement.
``(B) No liability for other damages.--For purposes of
subparagraph (A), the term `actual direct compensatory
damages' does not include--
``(i) punitive or exemplary damages;
``(ii) damages for lost profits or opportunity; or
``(iii) damages for pain and suffering.
``(C) Measure of damages for repudiation of financial
contracts.--In the case of any qualified financial contract
or agreement to which paragraph (8) applies, compensatory
damages shall be--
``(i) deemed to include normal and reasonable costs of
cover or other reasonable measures of damages utilized in the
industries for such contract and agreement claims; and
``(ii) paid in accordance with this subsection and
subsection (j), except as otherwise specifically provided in
this section.
``(4) Leases under which the system institution is the
lessee.--
``(A) In general.--If the conservator or receiver
disaffirms or repudiates a lease under which the System
institution was the lessee, the conservator or receiver shall
not be liable for any damages (other than damages determined
pursuant to subparagraph (B)) for the disaffirmance or
repudiation of such lease.
``(B) Payments of rent.--Notwithstanding subparagraph (A),
the lessor under a lease to which such subparagraph applies
shall--
``(i) be entitled to the contractual rent accruing before
the later of the date--
``(I) the notice of disaffirmance or repudiation is mailed;
or
``(II) the disaffirmance or repudiation becomes effective,
unless the lessor is in default or breach of the terms of the
lease; and
``(ii) have no claim for damages under any acceleration
clause or other penalty provision in the lease; and
``(iii) have a claim for any unpaid rent, subject to all
appropriate offsets and defenses, due as of the date of the
appointment, which shall be paid in accordance with this
subsection and subsection (j).
``(5) Leases under which the system institution is the
lessor.--
``(A) In general.--If the conservator or receiver
repudiates an unexpired written lease of real property of the
System institution under which the System institution is the
lessor and the lessee is not, as of the date of such
repudiation, in default, the lessee under such lease may
either--
``(i) treat the lease as terminated by such repudiation; or
``(ii) remain in possession of the leasehold interest for
the balance of the term of the lease, unless the lessee
defaults under the terms of the lease after the date of such
repudiation.
``(B) Provisions applicable to lessee remaining in
possession.--If any lessee under a lease described in
subparagraph (A) remains in possession of a leasehold
interest pursuant to clause (ii) of such subparagraph--
``(i) the lessee--
``(I) shall continue to pay the contractual rent pursuant
to the terms of the lease after the date of the repudiation
of such lease; and
``(II) may offset against any rent payment which accrues
after the date of the repudiation of the lease, any damages
which accrue after such date due to the nonperformance of any
obligation of the System institution under the lease after
such date; and
``(ii) the conservator or receiver shall not be liable to
the lessee for any damages arising after such date as a
result of the repudiation, other than the amount of any
offset allowed under clause (i)(II).
``(6) Contracts for the sale of real property.--
``(A) In general.--If the conservator or receiver
repudiates any contract (which repudiates any contract that
meets the requirements of paragraphs (1) through (4) of
section 5.61(d) for the sale of real property, and the
purchaser of such real property under such contract is in
possession and is not, as of the date of such repudiation, in
default, such purchaser may either--
``(i) treat the contract as terminated by such repudiation;
or
``(ii) remain in possession of such real property.
``(B) Provisions applicable to purchaser remaining in
possession.--If any purchaser of real property under any
contract described in subparagraph (A) remains in possession
of such property pursuant to clause (ii) of such
subparagraph--
``(i) the purchaser--
``(I) shall continue to make all payments due under the
contract after the date of the repudiation of the contract;
and
``(II) may offset against any such payments any damages
which accrue after such date due to the nonperformance (after
such date) of any obligation of the System institution under
the contract; and
``(ii) the conservator or receiver shall--
``(I) not be liable to the purchaser for any damages
arising after that date as a result of the repudiation, other
than the amount of any offset allowed under clause (i)(II);
``(II) deliver title to the purchaser in accordance with
the contract; and
``(III) have no obligation under the contract, other than
the performance required under subclause (II).
``(C) Assignment and sale allowed.--
``(i) In general.--No provision of this paragraph shall be
construed as limiting the right of the conservator or
receiver to assign the contract described in subparagraph (A)
and sell the property subject to the contract and this
paragraph.
``(ii) No liability after assignment and sale.--If an
assignment and sale described in clause (i) is consummated,
the Corporation, acting as conservator or receiver, shall
have no further liability under the applicable contract
described in subparagraph (A) or with respect to the real
property which was the subject of such contract.
``(7) Provisions applicable to service contracts.--
``(A) Services performed before appointment.--In the case
of any contract for services between any person and any
System institution for which the Corporation has been
appointed conservator or receiver, any claim of such person
for services performed before the appointment of the
conservator or the receiver shall be--
``(i) a claim to be paid in accordance with subsections (b)
and (d); and
``(ii) deemed to have arisen as of the date the conservator
or receiver was appointed.
``(B) Services performed after appointment and prior to
repudiation.--If, in the case of any contract for services
described in subparagraph (A), the conservator or receiver
accepts performance by the other person before the
conservator or receiver makes any determination to exercise
the right of repudiation of such contract under this
section--
``(i) the other party shall be paid under the terms of the
contract for the services performed; and
``(ii) the amount of such payment shall be treated as an
administrative expense of the conservatorship or
receivership.
``(C) Acceptance of performance no bar to subsequent
repudiation.--The acceptance by any conservator or receiver
of services referred to in subparagraph (B) in connection
with a contract described in such subparagraph shall not
affect the right of the conservator or receiver, to repudiate
such contract under this section at any time after such
performance.
``(8) Certain qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Commodity contract.--The term `commodity contract'
means--
``(I) with respect to a futures commission merchant, a
contract for the purchase or sale of a commodity for future
delivery on, or subject to the rules of, a contract market or
board of trade;
``(II) with respect to a foreign futures commission
merchant, a foreign future;
``(III) with respect to a leverage transaction merchant, a
leverage transaction;
``(IV) with respect to a clearing organization, a contract
for the purchase or sale of a commodity for future delivery
on, or subject to the rules of, a contract market or board of
trade that is cleared by such clearing organization, or
commodity option traded on, or subject to the rules of, a
contract market or board of trade that is cleared by such
clearing organization;
[[Page S4568]]
``(V) with respect to a commodity options dealer, a
commodity option;
``(VI) any other agreement or transaction that is similar
to any agreement or transaction referred to in this clause;
``(VII) any combination of the agreements or transactions
referred to in this clause;
``(VIII) any option to enter into any agreement or
transaction referred to in this clause;
``(IX) a master agreement that provides for an agreement or
transaction referred to in any of subclauses (I) through
(VIII), together with all supplements to any such master
agreement, without regard to whether the master agreement
provides for an agreement or transaction that is not a
commodity contract under this clause, except that the master
agreement shall be considered to be a commodity contract
under this clause only with respect to each agreement or
transaction under the master agreement that is referred to in
subclause (I), (II), (III), (IV), (V), (VI), (VII), or
(VIII); or
``(X) any security agreement or arrangement or other credit
enhancement related to any agreement or transaction referred
to in this clause, including any guarantee or reimbursement
obligation in connection with any agreement or transaction
referred to in this clause.
``(ii) Forward contract.--The term `forward contract'
means--
``(I) a contract (other than a commodity contract) for the
purchase, sale, or transfer of a commodity or any similar
good, article, service, right, or interest which is presently
or in the future becomes the subject of dealing in the
forward contract trade, or product or byproduct thereof, with
a maturity date more than 2 days after the date the contract
is entered into, including a repurchase or reverse repurchase
transaction (whether or not such repurchase or reverse
repurchase transaction is a repurchase agreement),
consignment, lease, swap, hedge transaction, deposit, loan,
option, allocated transaction, unallocated transaction, or
any other similar agreement;
``(II) any combination of agreements or transactions
referred to in subclauses (I) and (III);
``(III) any option to enter into any agreement or
transaction referred to in subclause (I) or (II);
``(IV) a master agreement that provides for an agreement or
transaction referred to in subclauses (I) through (III),
together with all supplements to any such master agreement,
without regard to whether the master agreement provides for
an agreement or transaction that is not a forward contract
under this clause, except that the master agreement shall be
considered to be a forward contract under this clause only
with respect to each agreement or transaction under the
master agreement that is referred to in subclause (I), (II),
or (III); or
``(V) any security agreement or arrangement or other credit
enhancement related to any agreement or transaction referred
to in subclause (I), (II), (III), or (IV), including any
guarantee or reimbursement obligation in connection with any
agreement or transaction referred to in any such subclause.
``(iii) Person.--The term `person'--
``(I) has the meaning given the term in section 1 of title
1, United States Code; and
``(II) includes any governmental entity.
``(iv) Qualified financial contract.--The term `qualified
financial contract' means any securities contract, commodity
contract, forward contract, repurchase agreement, swap
agreement, and any similar agreement that the Corporation
determines by regulation, resolution, or order to be a
qualified financial contract for purposes of this paragraph.
``(v) Repurchase agreement.--
``(I) In general.--The term `repurchase agreement'
(including with respect to a reverse repurchase agreement)--
``(aa) means--
``(AA) an agreement, including related terms, which
provides for the transfer of one or more certificates of
deposit, mortgage-related securities (as such term is defined
in section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))), mortgage loans, interests in mortgage-
related securities or mortgage loans, eligible bankers'
acceptances, qualified foreign government securities or
securities that are direct obligations of, or that are fully
guaranteed by, the United States or any agency of the United
States against the transfer of funds by the transferee of
such certificates of deposit, eligible bankers' acceptances,
securities, mortgage loans, or interests with a simultaneous
agreement by such transferee to transfer to the transferor
thereof certificates of deposit, eligible bankers'
acceptances, securities, mortgage loans, or interests as
described above, at a date certain not later than 1 year
after such transfers or on demand, against the transfer of
funds, or any other similar agreement;
``(BB) any combination of agreements or transactions
referred to in subitems (AA) and (CC);
``(CC) any option to enter into any agreement or
transaction referred to in subitem (AA) or (BB);
``(DD) a master agreement that provides for an agreement
or transaction referred to in subitem (AA), (BB), or (CC),
together with all supplements to any such master agreement,
without regard to whether the master agreement provides for
an agreement or transaction that is not a repurchase
agreement under this item, except that the master agreement
shall be considered to be a repurchase agreement under this
item only with respect to each agreement or transaction under
the master agreement that is referred to in subitem (AA),
(BB), or (CC); and
``(EE) any security agreement or arrangement or other
credit enhancement related to any agreement or transaction
referred to in any of subitems (AA) through (DD), including
any guarantee or reimbursement obligation in connection with
any agreement or transaction referred to in any such subitem;
and
``(bb) does not include any repurchase obligation under a
participation in a commercial mortgage, loan unless the
Corporation determines by regulation, resolution, or order to
include any such participation within the meaning of such
term.
``(II) Related definition.--For purposes of subclause
(I)(aa), the term `qualified foreign government security'
means a security that is a direct obligation of, or that is
fully guaranteed by, the central government of a member of
the Organization for Economic Cooperation and Development (as
determined by regulation or order adopted by the appropriate
Federal banking authority).
``(vi) Securities contract.--The term `securities
contract'--
``(I) means--
``(aa) a contract for the purchase, sale, or loan of a
security, a certificate of deposit, a mortgage loan, any
interest in a mortgage loan, a group or index of securities,
certificates of deposit, or mortgage loans or interests
therein (including any interest therein or based on the value
thereof) or any option on any of the foregoing, including any
option to purchase or sell any such security, certificate of
deposit, mortgage loan, interest, group or index, or option,
and including any repurchase or reverse repurchase
transaction on any such security, certificate of deposit,
mortgage loan, interest, group or index, or option (whether
or not the repurchase or reverse repurchase transaction is a
repurchase agreement);
``(bb) any option entered into on a national securities
exchange relating to foreign currencies;
``(cc) the guarantee (including by novation) by or to any
securities clearing agency of any settlement of cash,
securities, certificates of deposit, mortgage loans or
interests therein, group or index of securities, certificates
of deposit, or mortgage loans or interests therein (including
any interest therein or based on the value thereof) or option
on any of the foregoing, including any option to purchase or
sell any such security, certificate of deposit, mortgage
loan, interest, group or index, or option (whether or not the
settlement is in connection with any agreement or transaction
referred to in any of items (aa), (bb), and (dd) through
(kk));
``(dd) any margin loan;
``(ee) any extension of credit for the clearance or
settlement of securities transactions;
``(ff) any loan transaction coupled with a securities
collar transaction, any prepaid securities forward
transaction, or any total return swap transaction coupled
with a securities sale transaction;
``(gg) any other agreement or transaction that is similar
to any agreement or transaction referred to in this
subclause;
``(hh) any combination of the agreements or transactions
referred to in this subclause;
``(ii) any option to enter into any agreement or
transaction referred to in this subclause;
``(jj) a master agreement that provides for an agreement or
transaction referred to in any of items (aa) through (ii),
together with all supplements to any such master agreement,
without regard to whether the master agreement provides for
an agreement or transaction that is not a securities contract
under this subclause, except that the master agreement shall
be considered to be a securities contract under this
subclause only with respect to each agreement or transaction
under the master agreement that is referred to in item (aa),
(bb), (cc), (dd), (ee), (ff), (gg), (hh), or (ii); and
``(kk) any security agreement or arrangement or other
credit enhancement related to any agreement or transaction
referred to in this subclause, including any guarantee or
reimbursement obligation in connection with any agreement or
transaction referred to in this subclause; and
``(II) does not include any purchase, sale, or repurchase
obligation under a participation in a commercial mortgage
loan unless the Corporation determines by regulation,
resolution, or order to include any such agreement within the
meaning of such term.
``(vii) Swap agreement.--The term `swap agreement' means--
``(I) any agreement, including the terms and conditions
incorporated by reference in any such agreement, that is--
``(aa) an interest rate swap, option, future, or forward
agreement, including a rate floor, rate cap, rate collar,
cross-currency rate swap, and basis swap;
``(bb) a spot, same day-tomorrow, tomorrow-next, forward,
or other foreign exchange precious metals or other commodity
agreement;
``(cc) a currency swap, option, future, or forward
agreement;
``(dd) an equity index or equity swap, option, future, or
forward agreement;
``(ee) a debt index or debt swap, option, future, or
forward agreement;
``(ff) a total return, credit spread or credit swap,
option, future, or forward agreement;
[[Page S4569]]
``(gg) a commodity index or commodity swap, option, future,
or forward agreement;
``(hh) a weather swap, option, future, or forward
agreement;
``(ii) an emissions swap, option, future, or forward
agreement; or
``(jj) an inflation swap, option, future, or forward
agreement;
``(II) any agreement or transaction that is similar to any
other agreement or transaction referred to in this clause and
that is of a type that has been, is presently, or in the
future becomes, the subject of recurrent dealings in the swap
or other derivatives markets (including terms and conditions
incorporated by reference in such agreement) and that is a
forward, swap, future, option or spot transaction on one or
more rates, currencies, commodities, equity securities or
other equity instruments, debt securities or other debt
instruments, quantitative measures associated with an
occurrence, extent of an occurrence, or contingency
associated with a financial, commercial, or economic
consequence, or economic or financial indices or measures of
economic or financial risk or value;
``(III) any combination of agreements or transactions
referred to in this clause;
``(IV) any option to enter into any agreement or
transaction referred to in this clause;
``(V) a master agreement that provides for an agreement or
transaction referred to in any of subclauses (I) through
(IV), together with all supplements to any such master
agreement, without regard to whether the master agreement
contains an agreement or transaction that is not a swap
agreement under this clause, except that the master agreement
shall be considered to be a swap agreement under this clause
only with respect to each agreement or transaction under the
master agreement that is referred to in subclause (I), (II),
(III), or (IV); and
``(VI) any security agreement or arrangement or other
credit enhancement related to any agreements or transactions
referred to in any of subclauses (I) through (V), including
any guarantee or reimbursement obligation in connection with
any agreement or transaction referred to in any such
subclause.
``(viii) Transfer.--The term `transfer' means every mode,
direct or indirect, absolute or conditional, voluntary or
involuntary, of disposing of or parting with property or with
an interest in property, including retention of title as a
security interest and foreclosure of the equity of redemption
of a System institution.
``(ix) Treatment of master agreement as 1 agreement.--For
purposes of this subparagraph--
``(I) any master agreement for any contract or agreement
described in this subparagraph (or any master agreement for
such a master agreement or agreements), together with all
supplements to the master agreement, shall be treated as a
single agreement and a single qualified financial contact;
and
``(II) if a master agreement contains provisions relating
to agreements or transactions that are not qualified
financial contracts, the master agreement shall be deemed to
be a qualified financial contract only with respect to those
transactions that are themselves qualified financial
contracts.
``(B) Rights of parties to contracts.--Subject to
paragraphs (9) and (10), and notwithstanding any other
provision of this Act (other than subsection (b)(9) and
section 5.61(d)) or any other Federal or State law, no person
shall be stayed or prohibited from exercising--
``(i) any right such person has to cause the termination,
liquidation, or acceleration of any qualified financial
contract with a System institution which arises upon the
appointment of the Corporation as receiver for such System
institution at any time after such appointment;
``(ii) any right under any security agreement or
arrangement or other credit enhancement related to one or
more qualified financial contracts described in clause (i);
or
``(iii) any right to offset or net out any termination
value, payment amount, or other transfer obligation arising
under, or in connection with, 1 or more contracts and
agreements described in clause (i), including any master
agreement for such contracts or agreements.
``(C) Applicability of other provisions.--Subsection
(b)(12) shall apply in the case of any judicial action or
proceeding brought against any receiver referred to in
subparagraph (A), or the System institution for which such
receiver was appointed, by any party to a contract or
agreement described in subparagraph (B)(i) with such System
institution.
``(D) Certain transfers not avoidable.--
``(i) In general.--Notwithstanding paragraph (11) or any
other Federal or State law relating to the avoidance of
preferential or fraudulent transfers, the Corporation,
whether acting as such or as conservator or receiver of a
System institution, may not avoid any transfer of money or
other property in connection with any qualified financial
contract with a System institution.
``(ii) Exception for certain transfers.--Clause (i) shall
not apply to any transfer of money or other property in
connection with any qualified financial contract with a
System institution if the Corporation determines that the
transferee had actual intent to hinder, delay, or defraud
such System institution, the creditors of such System
institution, or any conservator or receiver appointed for
such System institution.
``(E) Certain protections in event of appointment of
conservator.--Notwithstanding any other provision of this Act
(other than subparagraph (G), paragraph (10), subsection
(b)(9), and section 5.61(d)) or any other Federal or State
law, no person shall be stayed or prohibited from
exercising--
``(i) any right such person has to cause the termination,
liquidation, or acceleration of any qualified financial
contract with a System institution in a conservatorship based
upon a default under such financial contract which is
enforceable under applicable noninsolvency law;
``(ii) any right under any security agreement or
arrangement or other credit enhancement related to one or
more qualified financial contracts described in clause (i);
and
``(iii) any right to offset or net out any termination
values, payment amounts, or other transfer obligations
arising under or in connection with such qualified financial
contracts.
``(F) Clarification.--No provision of law shall be
construed as limiting the right or power of the Corporation,
or authorizing any court or agency to limit or delay, in any
manner, the right or power of the Corporation to transfer any
qualified financial contract in accordance with paragraphs
(9) and (10) or to disaffirm or repudiate any such contract
in accordance with paragraph (1).
``(G) Walkaway clauses not effective.--
``(i) Definition of walkaway clause.--In this subparagraph,
the term `walkaway clause' means any provision in a qualified
financial contract that suspends, conditions, or extinguishes
a payment obligation of a party, in whole or in part, or does
not create a payment obligation of a party that would
otherwise exist--
``(I) solely because of--
``(aa) the status of the party as a nondefaulting party in
connection with the insolvency of a System institution that
is a party to the contract; or
``(bb) the appointment of, or the exercise of rights or
powers by, the Corporation as a conservator or receiver of
the System institution; and
``(II) not as a result of the exercise by a party of any
right to offset, setoff, or net obligations that exist
under--
``(aa) the contract;
``(bb) any other contract between those parties; or
``(cc) applicable law.
``(ii) Treatment.--Notwithstanding the provisions of
subparagraphs (B) and (E), no walkaway clause shall be
enforceable in a qualified financial contract of a System
institution in default.
``(iii) Limited suspension of certain obligations.--In the
case of a qualified financial contract referred to in clause
(ii), any payment or delivery obligations otherwise due from
a party pursuant to the qualified financial contract shall be
suspended from the time the receiver is appointed until the
earlier of--
``(I) the time such party receives notice that such
contract has been transferred pursuant to subparagraph (B);
or
``(II) 5:00 p.m. (eastern time) on the business day
following the date of the appointment of the receiver.
``(H) Recordkeeping requirements.--The Corporation, in
consultation with the Farm Credit Administration, may
prescribe regulations requiring more detailed recordkeeping
by any System institution with respect to qualified financial
contracts (including market valuations), only if such System
institution is subject to subclause (I), (III), or (IV) of
section 5.61B(a)(1)(A)(ii).
``(9) Transfer of qualified financial contracts.--
``(A) Definitions.--In this paragraph:
``(i) Clearing organization.--The term `clearing
organization' has the meaning given the term in section 402
of the Federal Deposit Insurance Corporation Improvement Act
of 1991 (12 U.S.C. 4402).
``(ii) Financial institution.--The term `financial
institution' means a System institution, a broker or dealer,
a depository institution, a futures commission merchant, or
any other institution, as determined by the Corporation by
regulation to be a financial institution.
``(B) Requirement.--In making any transfer of assets or
liabilities of a System institution in default which includes
any qualified financial contract, the conservator or receiver
for such System institution shall either--
``(i) transfer to one financial institution, other than a
financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has been
appointed, or that is otherwise the subject of a bankruptcy
or insolvency proceeding--
``(I) all qualified financial contracts between any person
or any affiliate of such person and the System institution in
default;
``(II) all claims of such person or any affiliate of such
person against such System institution under any such
contract (other than any claim which, under the terms of any
such contract, is subordinated to the claims of general
unsecured creditors of such System institution);
``(III) all claims of such System institution against such
person or any affiliate of such person under any such
contract; and
``(IV) all property securing or any other credit
enhancement for any contract described in subclause (I) or
any claim described in subclause (II) or (III) under any such
contract; or
[[Page S4570]]
``(ii) transfer none of the qualified financial contracts,
claims, property or other credit enhancement referred to in
clause (i) (with respect to such person and any affiliate of
such person).
``(C) Transfer to foreign bank, foreign financial
institution, or branch or agency of a foreign bank or
financial institution.--In transferring any qualified
financial contracts and related claims and property under
subparagraph (B)(i), the conservator or receiver for the
System institution shall not make such transfer to a foreign
bank, financial institution organized under the laws of a
foreign country, or a branch or agency of a foreign bank or
financial institution unless, under the law applicable to
such bank, financial institution, branch or agency, to the
qualified financial contracts, and to any netting contract,
any security agreement or arrangement or other credit
enhancement related to one or more qualified financial
contracts, the contractual rights of the parties to such
qualified financial contracts, netting contracts, security
agreements or arrangements, or other credit enhancements are
enforceable substantially to the same extent as permitted
under this section.
``(D) Transfer of contracts subject to the rules of a
clearing organization.--In the event that a conservator or
receiver transfers any qualified financial contract and
related claims, property, and credit enhancements pursuant to
subparagraph (B)(i) and such contract is cleared by or
subject to the rules of a clearing organization, the clearing
organization shall not be required to accept the transferee
as a member by virtue of the transfer.
``(10) Notification of transfer.--
``(A) Definition of business day.--In this paragraph, the
term `business day' means any day other than any Saturday,
Sunday, or any day on which either the New York Stock
Exchange or the Federal Reserve Bank of New York is closed.
``(B) Notification.--If--
``(i) the conservator or receiver for a System institution
in default makes any transfer of the assets and liabilities
of such System institution; and
``(ii) the transfer includes any qualified financial
contract, the conservator or receiver shall notify any person
who is a party to any such contract of such transfer by 5:00
p.m. (eastern time) on the business day following the date of
the appointment of the receiver in the case of a
receivership, or the business day following such transfer in
the case of a conservatorship.
``(C) Certain rights not enforceable.--
``(i) Receivership.--A person who is a party to a qualified
financial contract with a System institution may not exercise
any right that such person has to terminate, liquidate, or
net such contract under paragraph (8)(B) of this subsection,
solely by reason of or incidental to the appointment of a
receiver for the System institution (or the insolvency or
financial condition of the System institution for which the
receiver has been appointed)--
``(I) until 5:00 p.m. (eastern time) on the business day
following the date of the appointment of the receiver; or
``(II) after the person has received notice that the
contract has been transferred pursuant to paragraph (9)(B).
``(ii) Conservatorship.--A person who is a party to a
qualified financial contract with a System institution may
not exercise any right that such person has to terminate,
liquidate, or net such contract under paragraph (8)(E) of
this subsection, solely by reason of or incidental to the
appointment of a conservator for the System institution (or
the insolvency or financial condition of the System
institution for which the conservator has been appointed).
``(iii) Notice.--For purposes of this paragraph, the
Corporation as receiver or conservator of a System
institution shall be deemed to have notified a person who is
a party to a qualified financial contract with such System
institution if the Corporation has taken steps reasonably
calculated to provide notice to such person by the time
specified in subparagraph (B).
``(D) Treatment of bridge system institutions.--The
following System institutions shall not be considered to be a
financial institution for which a conservator, receiver,
trustee in bankruptcy, or other legal custodian has been
appointed or which is otherwise the subject of a bankruptcy
or insolvency proceeding for purposes of paragraph (9):
``(i) A bridge System bank.
``(ii) A System institution organized by the Corporation or
the Farm Credit Administration, for which a conservator is
appointed either--
``(I) immediately upon the organization of the System
institution; or
``(II) at the time of a purchase and assumption transaction
between the System institution and the Corporation as
receiver for a System institution in default.
``(11) Disaffirmance or repudiation of qualified financial
contracts.--In exercising the rights of disaffirmance or
repudiation of a conservator or receiver with respect to any
qualified financial contract to which a System institution is
a party, the conservator or receiver for such System
institution shall either--
``(A) disaffirm or repudiate all qualified financial
contracts between--
``(i) any person or any affiliate of such person; and
``(ii) the System institution in default; or
``(B) disaffirm or repudiate none of the qualified
financial contracts referred to in subparagraph (A) (with
respect to such person or any affiliate of such person).
``(12) Certain security interests not avoidable.--No
provision of this subsection shall be construed as permitting
the avoidance of any legally enforceable or perfected
security interest in any of the assets of any System
institution except where such an interest is taken in
contemplation of the System institution's insolvency or with
the intent to hinder, delay, or defraud the System
institution or the creditors of such System institution.
``(13) Authority to enforce contracts.--
``(A) In general.--The conservator or receiver may enforce
any contract, other than a director's or officer's liability
insurance contract or a System institution bond, entered into
by the System institution notwithstanding any provision of
the contract providing for termination, default,
acceleration, or exercise of rights upon, or solely by reason
of, insolvency or the appointment of or the exercise of
rights or powers by a conservator or receiver.
``(B) Certain rights not affected.--No provision of this
paragraph may be construed as impairing or affecting any
right of the conservator or receiver to enforce or recover
under a director's or officer's liability insurance contract
or institution bond under other applicable law.
``(C) Consent requirement.--
``(i) In general.--Except as otherwise provided by this
section, no person may exercise any right or power to
terminate, accelerate, or declare a default under any
contract to which the System institution is a party, or to
obtain possession of or exercise control over any property of
the System institution or affect any contractual rights of
the System institution, without the consent of the
conservator or receiver, as appropriate, during the 45-day
period beginning on the date of the appointment of the
conservator, or during the 90-day period beginning on the
date of the appointment of the receiver, as applicable.
``(ii) Certain exceptions.--No provision of this
subparagraph shall apply to a director or officer liability
insurance contract or an institution bond, to the rights of
parties to certain qualified financial contracts pursuant to
paragraph (8), or shall be construed as permitting the
conservator or receiver to fail to comply with otherwise
enforceable provisions of such contract.
``(14) Exception for federal reserve and the united states
treasury.--No provision of this subsection shall apply with
respect to--
``(A) any extension of credit from any Federal Reserve bank
or the United States Treasury to any System institution; or
``(B) any security interest in the assets of the System
institution securing any such extension of credit.
``(15) Savings clause.--The meanings of terms used in this
subsection--
``(A) are applicable for purposes of this subsection only;
and
``(B) shall not be construed or applied so as to challenge
or affect the characterization, definition, or treatment of
any similar terms under any other law, regulation, or rule,
including--
``(i) the Gramm-Leach-Bliley Act (12 U.S.C. 1811 note;
Public Law 106-102);
``(ii) the Legal Certainty for Bank Products Act of 2000 (7
U.S.C. 27 et seq.);
``(iii) the securities laws (as that term is defined in
section 3(a) of the Securities Exchange Act of 1934 (15
U.S.C. 78c(a))); and
``(iv) the Commodity Exchange Act (7 U.S.C. 1 et seq.).
``(d) Valuation of Claims in Default.--
``(1) In general.--Notwithstanding any other provision of
Federal law or the law of any State and regardless of the
method which the Corporation determines to utilize with
respect to a System institution in default or in danger of
default, including transactions authorized under subsection
(h) and section 5.61(a), this subsection shall govern the
rights of the creditors of such System institution.
``(2) Maximum liability.--The maximum liability of the
Corporation, acting as receiver or in any other capacity, to
any person having a claim against the receiver or the System
institution for which such receiver is appointed shall equal
the amount such claimant would have received if the
Corporation had liquidated the assets and liabilities of such
System institution without exercising the Corporation's
authority under subsection (h) or section 5.61(a).
``(3) Additional payments authorized.--
``(A) In general.--The Corporation may, in its discretion
and in the interests of minimizing its losses, use its own
resources to make additional payments or credit additional
amounts to or with respect to or for the account of any
claimant or category of claimants. Notwithstanding any other
provision of Federal or State law, or the constitution of any
State, the Corporation shall not be obligated, as a result of
having made any such payment or credited any such amount to
or with respect to or for the account of any claimant or
category of claimants, to make payments to any other claimant
or category of claimants.
``(B) Manner of payment.--The Corporation may make the
payments or credit the amounts specified in subparagraph (A)
directly to the claimants or may make such payments or credit
such amounts to an open System institution to induce such
System
[[Page S4571]]
institution to accept liability for such claims.
``(e) Limitation on Court Action.--Except as provided in
this section, no court may take any action, except at the
written request of the Board of Directors, to restrain or
affect the exercise of powers or functions of the Corporation
as a conservator or a receiver.
``(f) Liability of Directors and Officers.--
``(1) In general.--A director or officer of a System
institution may be held personally liable for monetary
damages in any civil action--
``(A) brought by, on behalf of, or at the request or
direction of the Corporation;
``(B) prosecuted wholly or partially for the benefit of the
Corporation--
``(i) acting as conservator or receiver of that System
institution;
``(ii) acting based on a suit, claim, or cause of action
purchased from, assigned by, or otherwise conveyed by that
receiver or conservator; or
``(iii) acting based on a suit, claim, or cause of action
purchased from, assigned by, or otherwise conveyed in whole
or in part by a System institution or an affiliate of a
System institution in connection with assistance provided
under section 5.61(a); and
``(C) for, as determined under the applicable State law--
``(i) gross negligence; or
``(ii) any similar conduct, including conduct that
demonstrates a greater disregard of a duty of care than gross
negligence, such as intentional tortious conduct.
``(2) Effect.--Nothing in paragraph (1) impairs or affects
any right of the Corporation under any other applicable law.
``(g) Damages.--In any proceeding related to any claim
against a System institution's director, officer, employee,
agent, attorney, accountant, appraiser, or any other party
employed by or providing services to a System institution,
recoverable damages determined to result from the improvident
or otherwise improper use or investment of any System
institution's assets shall include principal losses and
appropriate interest.
``(h) Bridge Farm Credit System Banks.--
``(1) Organization.--
``(A) Purpose.--
``(i) In general.--When 1 or more System banks are in
default, or when the Corporation anticipates that 1 or more
System banks may become in default, the Corporation may, in
its discretion, organize, and the Farm Credit Administration
may, in its discretion, charter, 1 or more System banks, with
the powers and attributes of System banks, subject to the
provisions of this subsection, to be referred to as `bridge
System banks'.
``(ii) Intent of congress.--It is the intent of the
Congress that, in order to prevent unnecessary hardship or
losses to the customers of any System bank in default with
respect to which a bridge System bank is chartered, the
Corporation should--
``(I) continue to honor commitments made by the System bank
in default to creditworthy customers; and
``(II) not interrupt or terminate adequately secured loans
which are transferred under this subsection and are being
repaid by the debtor in accordance with the terms of the loan
instrument.
``(B) Authorities.--Once chartered by the Farm Credit
Administration, the bridge System bank may--
``(i) assume such liabilities of the System bank or banks
in default or in danger of default as the Corporation may, in
its discretion, determine to be appropriate;
``(ii) purchase such assets of the System bank or banks in
default or in danger of default as the Corporation may, in
its discretion, determine to be appropriate; and
``(iii) perform any other temporary function which the
Corporation may, in its discretion, prescribe in accordance
with this Act.
``(C) Articles of association.--The articles of association
and organization certificate of a bridge System bank as
approved by the Corporation shall be executed by 3
representatives designated by the Corporation.
``(D) Interim directors.--A bridge System bank shall have
an interim board of directors consisting of not fewer than 5
nor more than 10 members appointed by the Corporation.
``(2) Chartering.--
``(A) Conditions.--The Farm Credit Administration may
charter a bridge System bank only if the Board of Directors
determines that--
``(i) the amount which is reasonably necessary to operate
such bridge System bank will not exceed the amount which is
reasonably necessary to save the cost of liquidating 1 or
more System banks in default or in danger of default with
respect to which the bridge System bank is chartered;
``(ii) the continued operation of such System bank or banks
in default or in danger of default with respect to which the
bridge System bank is chartered is essential to provide
adequate farm credit services in the 1 or more communities
where each such System bank in default or in danger of
default is or was providing those farm credit services; or
``(iii) the continued operation of such System bank or
banks in default or in danger of default with respect to
which the bridge System bank is chartered is in the best
interest of the Farm Credit System or the public.
``(B) Bridge system bank treated as being in default for
certain purposes.--A bridge System bank shall be treated as
being in default at such times and for such purposes as the
Corporation may, in its discretion, determine.
``(C) Management.--A bridge System bank, upon the granting
of its charter, shall be under the management of a board of
directors consisting of not fewer than 5 nor more than 10
members appointed by the Corporation, in consultation with
the Farm Credit Administration.
``(D) Bylaws.--The board of directors of a bridge System
bank shall adopt such bylaws as may be approved by the
Corporation.
``(3) Transfer of assets and liabilities.--
``(A) Transfer upon grant of charter.--Upon the granting of
a charter to a bridge System bank pursuant to this
subsection, the Corporation, as receiver, may transfer any
assets and liabilities of the System bank to the bridge
System bank in accordance with paragraph (1).
``(B) Subsequent transfers.--At any time after a charter is
granted to a bridge System bank, the Corporation, as
receiver, may transfer any assets and liabilities of such
System bank in default as the Corporation may, in its
discretion, determine to be appropriate in accordance with
paragraph (1).
``(C) Effective without approval.--The transfer of any
assets or liabilities of a System bank in default or danger
of default transferred to a bridge System bank shall be
effective without any further approval under Federal or State
law, assignment, or consent with respect thereto.
``(4) Powers of bridge system banks.--Each bridge System
bank chartered under this subsection shall, to the extent
described in the charter of the System bank in default with
respect to which the bridge System bank is chartered, have
all corporate powers of, and be subject to the same
provisions of law as, any System bank, except that--
``(A) the Corporation may--
``(i) remove the interim directors and directors of a
bridge System bank;
``(ii) fix the compensation of members of the interim board
of directors and the board of directors and senior
management, as determined by the Corporation in its
discretion, of a bridge System bank; and
``(iii) waive any requirement established under Federal or
State law which would otherwise be applicable with respect to
directors of a bridge System bank, on the condition that the
waiver of any requirement established by the Farm Credit
Administration shall require the concurrence of the Farm
Credit Administration;
``(B) the Corporation may indemnify the representatives for
purposes of paragraph (1)(B) and the interim directors,
directors, officers, employees, and agents of a bridge System
bank on such terms as the Corporation determines to be
appropriate;
``(C) no requirement under any provision of law relating to
the capital of a System institution shall apply with respect
to a bridge System bank;
``(D) the Farm Credit Administration Board may establish a
limitation on the extent to which any person may become
indebted to a bridge System bank without regard to the amount
of the bridge System bank's capital or surplus;
``(E)(i) the board of directors of a bridge System bank
shall elect a chairperson who may also serve in the position
of chief executive officer, except that such person shall not
serve either as chairperson or as chief executive officer
without the prior approval of the Corporation; and
``(ii) the board of directors of a bridge System bank may
appoint a chief executive officer who is not also the
chairperson, except that such person shall not serve as chief
executive officer without the prior approval of the
Corporation;
``(F) the Farm Credit Administration may waive any
requirement for a fidelity bond with respect to a bridge
System bank at the request of the Corporation;
``(G) any judicial action to which a bridge System bank
becomes a party by virtue of its acquisition of any assets or
assumption of any liabilities of a System bank in default
shall be stayed from further proceedings for a period of up
to 45 days at the request of the bridge System bank;
``(H) no agreement which tends to diminish or defeat the
right, title or interest of a bridge System bank in any asset
of a System bank in default acquired by it shall be valid
against the bridge System bank unless such agreement--
``(i) is in writing;
``(ii) was executed by such System bank in default and the
person or persons claiming an adverse interest thereunder,
including the obligor, contemporaneously with the acquisition
of the asset by such System bank in default;
``(iii) was approved by the board of directors of such
System bank in default or its loan committee, which approval
shall be reflected in the minutes of said board or committee;
and
``(iv) has been, continuously from the time of its
execution, an official record of such System bank in default;
``(I) notwithstanding subsection 5.61(d)(2), any agreement
relating to an extension of credit between a System bank,
Federal Reserve bank, or the United States Treasury and any
System institution which was executed before the extension of
credit by such lender to such System institution shall be
treated as having been executed contemporaneously with such
extension of credit for purposes of subparagraph (H); and
``(J) except with the prior approval of the Corporation and
the concurrence of the
[[Page S4572]]
Farm Credit Administration, a bridge System bank may not, in
any transaction or series of transactions, issue capital
stock or be a party to any merger, consolidation, disposition
of substantially all of the assets or liabilities of the
bridge System bank, sale or exchange of capital stock, or
similar transaction, or change its charter.
``(5) Capital.--
``(A) No capital required.--The Corporation shall not be
required to--
``(i) issue any capital stock on behalf of a bridge System
bank chartered under this subsection; or
``(ii) purchase any capital stock of a bridge System bank,
except that notwithstanding any other provision of Federal or
State law, the Corporation may purchase and retain capital
stock of a bridge System bank in such amounts and on such
terms as the Corporation, in its discretion, determines to be
appropriate.
``(B) Operating funds in lieu of capital.--Upon the
organization of a bridge System bank, and thereafter, as the
Corporation may, in its discretion, determine to be necessary
or advisable, the Corporation may make available to the
bridge System bank, upon such terms and conditions and in
such form and amounts as the Corporation may in its
discretion determine, funds for the operation of the bridge
System bank in lieu of capital.
``(C) Authority to issue capital stock.--Whenever the Farm
Credit Administration Board determines it is advisable to do
so, the Corporation shall cause capital stock of a bridge
System bank to be issued and offered for sale in such amounts
and on such terms and conditions as the Corporation may, in
its discretion, determine.
``(6) Employee status.--Representatives for purposes of
paragraph (1)(C), interim directors, directors, officers,
employees, or agents of a bridge System bank are not, solely
by virtue of service in any such capacity, officers or
employees of the United States. Any employee of the
Corporation, the Farm Credit Administration, or any Federal
instrumentality who serves at the request of the Corporation
as a representative for purposes of paragraph (1)(C), interim
director, director, officer, employee, or agent of a bridge
System bank shall not--
``(A) solely by virtue of service in any such capacity lose
any existing status as an officer or employee of the United
States for purposes of any provision of law; or
``(B) receive any salary or benefits for service in any
such capacity with respect to a bridge System bank in
addition to such salary or benefits as are obtained through
employment with the Corporation or such Federal
instrumentality.
``(7) Assistance authorized.--The Corporation may, in its
discretion, provide assistance under section 5.61(a) to
facilitate any merger or consolidation of a bridge System
bank in the same manner and to the same extent as such
assistance may be provided to a qualifying insured System
bank (as defined in section 5.61(a)(2)(B)) or to facilitate a
bridge System bank's acquisition of any assets or the
assumption of any liabilities of a System bank in default or
in danger of default.
``(8) Duration of bridge system banks.--Subject to
paragraphs (10) and (11), the status of a bridge System bank
as such shall terminate at the end of the 2-year period
following the date it was granted a charter. The Farm Credit
Administration Board may, in its discretion, extend the
status of the bridge System bank as such for 3 additional 1-
year periods.
``(9) Termination of bridge system banks status.--The
status of any bridge System bank as such shall terminate upon
the earliest of--
``(A) the merger or consolidation of the bridge System bank
with a System institution that is not a bridge System bank,
on the condition that the merger or consolidation shall be
subject to the approval of the Farm Credit Administration;
``(B) at the election of the Corporation and with the
approval of the Farm Credit Administration, the sale of a
majority or all of the capital stock of the bridge System
bank to a System institution or another bridge System bank;
``(C) at the election of the Corporation, and with the
approval of the Farm Credit Administration, either the
assumption of all or substantially all of the liabilities of
the bridge System bank, or the acquisition of all or
substantially all of the assets of the bridge System bank, by
a System institution that is not a bridge System bank or
other entity as permitted under applicable law; and
``(D) the expiration of the period provided in paragraph
(8), or the earlier dissolution of the bridge System bank as
provided in paragraph (11).
``(10) Effect of termination events.--
``(A) Merger or consolidation.--A bridge System bank that
participates in a merger or consolidation as provided in
paragraph (9)(A) shall be for all purposes a System
institution, with all the rights, powers, and privileges
thereof, and such merger or consolidation shall be conducted
in accordance with, and shall have the effect provided in,
the provisions of applicable law.
``(B) Charter conversion.--Following the sale of a majority
or all of the capital stock of the bridge System bank as
provided in paragraph (9)(B), the Farm Credit Administration
Board may amend the charter of the bridge System bank to
reflect the termination of the status of the bridge System
bank as such, whereupon the System bank shall remain a System
bank, with all of the rights, powers, and privileges thereof,
subject to all laws and regulations applicable thereto.
``(C) Assumption of liabilities and sale of assets.--
Following the assumption of all or substantially all of the
liabilities of the bridge System bank, or the sale of all or
substantially all of the assets of the bridge System bank, as
provided in paragraph (9)(C), at the election of the
Corporation, the bridge System bank may retain its status as
such for the period provided in paragraph (8).
``(D) Amendments to charter.--Following the consummation of
a transaction described in subparagraph (A), (B), or (C) of
paragraph (9), the charter of the resulting System
institution shall be amended by the Farm Credit
Administration to reflect the termination of bridge System
bank status, if appropriate.
``(11) Dissolution of bridge system bank.--
``(A) In general.--Notwithstanding any other provision of
State or Federal law, if the bridge System bank's status as
such has not previously been terminated by the occurrence of
an event specified in subparagraph (A), (B), or (C) of
paragraph (9)--
``(i) the Corporation, after consultation with the Farm
Credit Administration, may, in its discretion, dissolve a
bridge System bank in accordance with this paragraph at any
time; and
``(ii) the Corporation, after consultation with the Farm
Credit Administration, shall promptly commence dissolution
proceedings in accordance with this paragraph upon the
expiration of the 2-year period following the date the bridge
System bank was chartered, or any extension thereof, as
provided in paragraph (8).
``(B) Procedures.--The Farm Credit Administration Board
shall appoint the Corporation as receiver for a bridge System
bank upon determining to dissolve the bridge System bank. The
Corporation as such receiver shall wind up the affairs of the
bridge System bank in conformity with the provisions of law
relating to the liquidation of closed System banks. With
respect to any such bridge System bank, the Corporation as
such receiver shall have all the rights, powers, and
privileges and shall perform the duties related to the
exercise of such rights, powers, or privileges granted by law
to a receiver of any insured System bank and, notwithstanding
any other provision of law in the exercise of such rights,
powers, and privileges, the Corporation shall not be subject
to the direction or supervision of any State agency or other
Federal agency.
``(12) Multiple bridge system banks.--The Corporation may,
in the Corporation's discretion, organize, and the Farm
Credit Administration may, in its discretion, charter, 2 or
more bridge System banks under this subsection to assume any
liabilities and purchase any assets of a single System
institution in default.
``(i) Certain Sales of Assets Prohibited.--
``(1) Persons who engaged in improper conduct with, or
caused losses to, system institutions.--The Corporation shall
prescribe regulations which, at a minimum, shall prohibit the
sale of assets of a failed System institution by the
Corporation to--
``(A) any person who--
``(i) has defaulted, or was a member of a partnership or an
officer or director of a corporation that has defaulted, on 1
or more obligations the aggregate amount of which exceed
$1,000,000, to such failed System institution;
``(ii) has been found to have engaged in fraudulent
activity in connection with any obligation referred to in
clause (i); and
``(iii) proposes to purchase any such asset in whole or in
part through the use of the proceeds of a loan or advance of
credit from the Corporation or from any System institution
for which the Corporation has been appointed as conservator
or receiver;
``(B) any person who participated, as an officer or
director of such failed System institution or of any
affiliate of such System institution, in a material way in
transactions that resulted in a substantial loss to such
failed System institution;
``(C) any person who has been removed from, or prohibited
from participating in the affairs of, such failed System
institution pursuant to any final enforcement action by the
Farm Credit Administration;
``(D) any person who has demonstrated a pattern or practice
of defalcation regarding obligations to such failed System
institution; or
``(E) any person who is in default on any loan or other
extension of credit from such failed System institution
which, if not paid, will cause substantial loss to the System
institution or the Corporation.
``(2) Defaulted debtors.--Except as provided in paragraph
(3), any person who is in default on any loan or other
extension of credit from the System institution, which, if
not paid, will cause substantial loss to the System
institution or the Corporation, may not purchase any asset
from the conservator or receiver.
``(3) Settlement of claims.--Paragraph (1) shall not apply
to the sale or transfer by the Corporation of any asset of
any System institution to any person if the sale or transfer
of the asset resolves or settles, or is part of the
resolution or settlement, of--
[[Page S4573]]
``(A) 1 or more claims that have been, or could have been,
asserted by the Corporation against the person; or
``(B) obligations owed by the person to any System
institution, or the Corporation.
``(4) Definition of default.--For purposes of this
subsection, the term `default' means a failure to comply with
the terms of a loan or other obligation to such an extent
that the property securing the obligation is foreclosed upon.
``(j) Expedited Procedures for Certain Claims.--
``(1) Time for filing notice of appeal.--The notice of
appeal of any order, whether interlocutory or final, entered
in any case brought by the Corporation against a System
institution's director, officer, employee, agent, attorney,
accountant, or appraiser or any other person employed by or
providing services to a System institution shall be filed not
later than 30 days after the date of entry of the order. The
hearing of the appeal shall be held not later than 120 days
after the date of the notice of appeal. The appeal shall be
decided not later than 180 days after the date of the notice
of appeal.
``(2) Scheduling.--A court of the United States shall
expedite the consideration of any case brought by the
Corporation against a System institution's director, officer,
employee, agent, attorney, accountant, or appraiser or any
other person employed by or providing services to a System
institution. As far as practicable the court shall give such
case priority on its docket.
``(3) Judicial discretion.--The court may modify the
schedule and limitations stated in paragraphs (1) and (2) in
a particular case, based on a specific finding that the ends
of justice that would be served by making such a modification
would outweigh the best interest of the public in having the
case resolved expeditiously.
``(k) Bond Not Required; Agents; Fee.--The Corporation as
conservator or receiver of a System institution shall not be
required to furnish bond and may appoint an agent or agents
to assist in its duties as such conservator or receiver. All
fees, compensation, and expenses of liquidation and
administration shall be fixed by the Corporation and may be
paid by it out of funds coming into its possession as such
conservator or receiver.
``(l) Consultation Regarding Conservatorships and
Receiverships.--To the extent practicable--
``(1) the Farm Credit Administration shall consult with the
Corporation prior to taking a preresolution action concerning
a System institution that may result in a conservatorship or
receivership; and
``(2) the Corporation, acting in the capacity of the
Corporation as a conservator or receiver, shall consult with
the Farm Credit Administration prior to taking any
significant action impacting System institutions or service
to System borrowers.
``(m) Applicability.--This section shall become applicable
with respect to the power of the Corporation to act as a
conservator or receiver on the date on which the Farm Credit
Administration appoints the Corporation as a conservator or
receiver under section 4.12 or 8.41.''.
SEC. 5409. REPORTING.
(a) Definition of Farm Loan.--In this section, the term
``farm loan'' means--
(1) a farm ownership loan under subtitle A of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1922 et
seq.); and
(2) an operating loan under subtitle B of that Act (7
U.S.C. 1941 et seq.).
(b) Reports.--
(1) Preparation.--For each fiscal year, the Secretary shall
prepare a report that includes--
(A) aggregate data based on a review of each outstanding
farm loan made or guaranteed by the Secretary describing, for
the United States and for each State and county in the United
States--
(i) the age of the recipient producer;
(ii) the duration that the recipient producer has engaged
in agricultural production;
(iii) the size of the farm or ranch of the recipient
producer;
(iv) the race, ethnicity, and gender of the recipient
producer;
(v) the agricultural commodity or commodities, or type of
enterprise, for which the loan was secured;
(vi) the amount of the farm loan made or guaranteed;
(vii) the type of the farm loan made or guaranteed; and
(viii) the default rate of the farm loan made or
guaranteed;
(B) for each State and county in the United States, data
demonstrating the number of outstanding farm loans made or
guaranteed, according to loan size cohort; and
(C) an assessment of actual loans made or guaranteed as
measured against target participation rates for beginning and
socially disadvantaged farmers, broken down by State, as
described in sections 346(b)(2) and 355 of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1994(b)(2), 2003).
(2) Submission of report.--The report described in
paragraph (1) shall be--
(A) submitted--
(i) to--
(I) the Committee on Agriculture of the House of
Representatives;
(II) the Committee on Appropriations of the House of
Representatives;
(III) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(IV) the Committee on Appropriations of the Senate; and
(ii) not later than December 30, 2018, and annually
thereafter; and
(B) made publically available not later than 90 days after
the date described in subparagraph (A)(ii).
(c) Comprehensive Review.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act (and every 5 years thereafter), the
Secretary shall--
(A) prepare a comprehensive review of all reports submitted
under subsection (b)(2);
(B) identify trends within data outlined in subsection
(b)(1), including the extent to which target annual
participation rates for beginning and socially disadvantaged
farmers (as defined by the Secretary) are being met for each
loan type; and
(C) provide specific actions the Department will take to
improve the performance of direct and guaranteed loans with
respect to underserved producers and any recommendations the
Secretary may make for further congressional action.
(2) Submission of comprehensive review.--The comprehensive
review described in paragraph (1) shall be--
(A) submitted to--
(i) the Committee on Agriculture of the House of
Representatives;
(ii) the Committee on Appropriations of the House of
Representatives;
(iii) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(iv) the Committee on Appropriations of the Senate; and
(B) made publicly available not later than 90 days after
the date of submission under subparagraph (A).
(d) Privacy.--In preparing any report or review under this
section, the Secretary shall aggregate or de-identify the
data in a manner sufficient to ensure that the identity of a
recipient producer associated with the data cannot be
ascertained.
SEC. 5410. SENSE OF THE SENATE.
It is the sense of the Senate that --
(1) sections 346 and 355 of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994, 2003) reserve amounts to
incentivize participation in Farm Service Agency loan
programs for qualified beginning farmers and ranchers and
socially disadvantaged farmers;
(2) under current law--
(A) for direct loans, 75 percent of the funding for farm
ownership loans and 50 percent of operating loans are
reserved for the first 11 months of the fiscal year; and
(B) for guaranteed loans, 40 percent of available funding
is reserved for ownership loans and farm operating loans for
the first \1/2\ of the fiscal year; and
(3) all participants of the Farm Service Agency loan
programs should strive to encourage beginning farmers and
ranchers and socially disadvantaged farmers to use Farm
Service Agency loans.
TITLE VI--RURAL DEVELOPMENT
Subtitle A--Consolidated Farm and Rural Development Act
SEC. 6101. WATER, WASTE DISPOSAL, AND WASTEWATER FACILITY
GRANTS.
Section 306(a)(2)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(2)(B)) is amended--
(1) in clause (iii), by striking ``$100,000'' each place it
appears and inserting ``$200,000''; and
(2) in clause (vii), by striking ``2018'' and inserting
``2023''.
SEC. 6102. RURAL WATER AND WASTEWATER TECHNICAL ASSISTANCE
AND TRAINING PROGRAMS.
Section 306(a)(14) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(14)) is amended--
(1) in subparagraph (A)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) identify options to enhance the long-term
sustainability of rural water and waste systems, including
operational practices, revenue enhancements, policy
revisions, partnerships, consolidation, regionalization, or
contract services.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Selection priority.--In selecting recipients of
grants to be made under subparagraph (A), the Secretary shall
give priority to--
``(i) private nonprofit organizations that have experience
in providing the technical assistance and training described
in subparagraph (A) to associations serving rural areas in
which residents have low income and in which water supply
systems or waste facilities are unhealthful; and
``(ii) recipients that will provide technical assistance
and training programs to address the contamination of
drinking water and surface water supplies by emerging
contaminants, including per- and polyfluoroalkyl substances
and perfluorooctanoic acid.''; and
(3) in subparagraph (C)--
(A) by striking ``1 nor more than 3'' and inserting ``3
percent and not more than 5''; and
(B) by striking ``1 per centum'' and inserting ``3
percent''.
SEC. 6103. RURAL WATER AND WASTEWATER CIRCUIT RIDER PROGRAM.
Section 306(a)(22)(B) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(22)(B)) is amended by
striking ``$20,000,000 for fiscal year 2014 and each fiscal
year thereafter'' and inserting ``$25,000,000 for each of
fiscal years 2019 through 2023''.
[[Page S4574]]
SEC. 6104. TRIBAL COLLEGE AND UNIVERSITY ESSENTIAL COMMUNITY
FACILITIES.
Section 306(a)(25)(C) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)(25)(C)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6105. COMMUNITY FACILITIES DIRECT LOANS AND GRANTS FOR
SUBSTANCE USE DISORDER TREATMENT SERVICES.
Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) is amended by adding at
the end the following:
``(27) Direct loans and grants for substance use disorder
treatment services.--
``(A) Selection priority.--In selecting recipients of loans
or grants (not including loans guaranteed by the Secretary)
for the development of essential community facilities under
this section, the Secretary shall give priority to entities
eligible for those loans or grants--
``(i) to develop facilities to provide substance use
disorder (including opioid substance use disorder)--
``(I) prevention services;
``(II) treatment services;
``(III) recovery services; or
``(IV) any combination of those services; and
``(ii) that employ staff that have appropriate expertise
and training in how to identify and treat individuals with
substance use disorders.
``(B) Use of funds.--An eligible entity described in
subparagraph (A) that receives a loan or grant described in
that subparagraph may use the loan or grant funds for the
development of telehealth facilities and systems to provide
telehealth services for substance use disorder treatment.''.
SEC. 6106. EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE
GRANT PROGRAM.
Section 306A of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926a) is amended--
(1) in subsection (b)(1), by striking ``; and'' and
inserting the following: ``, particularly to projects to
address contamination that--
``(A) poses a threat to human health or the environment;
and
``(B) was caused by circumstances beyond the control of the
applicant for a grant, including circumstances that occurred
over a period of time; and'';
(2) in subsection (f)(1), by striking ``$500,000'' and
inserting ``$1,000,000'';
(3) by redesignating subsection (i) as subsection (j);
(4) by inserting after subsection (h) the following:
``(i) Interagency Task Force on Rural Water Quality.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall coordinate and chair an interagency task
force to examine drinking water and surface water
contamination in rural communities, particularly rural
communities that are in close proximity to active or
decommissioned military installations in the United States.
``(2) Membership.--The interagency task force shall consist
of--
``(A) the Secretary;
``(B) the Secretary of the Army, acting through the Chief
of Engineers;
``(C) the Secretary of Health and Human Services, acting
through--
``(i) the Director of the Agency for Toxic Substances and
Disease Registry; and
``(ii) the Director of the Centers for Disease Control and
Prevention;
``(D) the Secretary of Housing and Urban Development;
``(E) the Secretary of the Interior, acting through--
``(i) the Director of the United States Fish and Wildlife
Service; and
``(ii) the Director of the United States Geological Survey;
``(F) the Administrator of the Environmental Protection
Agency; and
``(G) representatives from rural drinking and wastewater
entities, State and community regulators, and appropriate
scientific experts that reflect a diverse cross-section of
the rural communities described in paragraph (1).
``(3) Report.--
``(A) In general.--Not later than 360 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
task force shall submit to the committees described in
subparagraph (B) a report that--
``(i) examines, and identifies issues relating to, water
contamination in rural communities, particularly rural
communities that are in close proximity to active or
decommissioned military installations in the United States;
``(ii) reviews the extent to which Federal, State, and
local government agencies coordinate with one another to
address the issues identified under clause (i);
``(iii) recommends how Federal, State, and local government
agencies can work together in the most effective, efficient,
and cost-effective manner practicable, to address the issues
identified under clause (i); and
``(iv) recommends changes to existing statutory
requirements, regulatory requirements, or both, to improve
interagency coordination and responsiveness to address the
issues identified under clause (i).
``(B) Committees described.--The committees referred to in
subparagraph (A) are--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(iii) the Committee on Energy and Commerce of the House
of Representatives;
``(iv) the Committee on Environment and Public Works of the
Senate;
``(v) the Committee on Armed Services of the House of
Representatives; and
``(vi) the Committee on Armed Services of the Senate.'';
and
(5) in subsection (j) (as so redesignated)--
(A) in paragraph (1)(A), by striking ``3 nor more than 5''
and inserting ``5 percent and not more than 7''; and
(B) in paragraph (2), by striking ``$35,000,000 for each of
fiscal years 2008 through 2018'' and inserting ``$50,000,000
for each of fiscal years 2019 through 2023''.
SEC. 6107. WATER SYSTEMS FOR RURAL AND NATIVE VILLAGES IN
ALASKA.
Section 306D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926d) is amended--
(1) in subsection (a), by striking ``Alaska for'' and
inserting ``Alaska, a consortium formed pursuant to section
325 of the Department of the Interior and Related Agencies
Appropriations Act, 1998 (Public Law 105-83; 111 Stat. 1597),
and Native villages (as defined in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602)) for'';
(2) in subsection (b), by inserting ``for any grant awarded
under subsection (a)'' before the period at the end; and
(3) in subsection (d)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2), by striking ``Alaska'' and inserting
``Alaska, and not more than 2 percent of the amount made
available under paragraph (1) for a fiscal year may be used
by a consortium formed pursuant to section 325 of the
Department of the Interior and Related Agencies
Appropriations Act, 1998 (Public Law 105-83; 111 Stat.
1597),''.
SEC. 6108. RURAL DECENTRALIZED WATER SYSTEMS.
Section 306E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926e) is amended--
(1) by striking the section heading and inserting ``rural
decentralized water systems'';
(2) in subsection (a), by striking ``100'' and inserting
``60'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``and subgrants'' after ``loans''; and
(ii) by inserting ``and individually owned household
decentralized wastewater systems'' after ``well systems'';
(B) by striking paragraph (2) and inserting the following:
``(2) Terms and amounts.--
``(A) Terms of loans.--A loan made with grant funds under
this section--
``(i) shall have an interest rate of 1 percent; and
``(ii) shall have a term not to exceed 20 years.
``(B) Amounts.--A loan or subgrant made with grant funds
under this section shall not exceed $15,000 for each water
well system or decentralized wastewater system described in
paragraph (1).''; and
(C) by adding at the end the following:
``(4) Ground well water contamination.--In the event of
ground well water contamination, the Secretary shall allow a
loan or subgrant to be made with grant funds under this
section for the installation of water treatment where needed
beyond the point of entry, with or without the installation
of a new water well system.'';
(4) in subsection (c), by striking ``productive use of
individually-owned household water well systems'' and
inserting ``effective use of individually owned household
water well systems, individually owned household
decentralized wastewater systems,''; and
(5) in subsection (d)--
(A) by striking ``$5,000,000'' and inserting
``$40,000,000''; and
(B) by striking ``2014 through 2018'' and inserting ``2019
through 2023''.
SEC. 6109. SOLID WASTE MANAGEMENT GRANTS.
Section 310B(b)(2) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(b)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6110. RURAL BUSINESS DEVELOPMENT GRANTS.
Section 310B(c)(4)(A) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(c)(4)(A)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 6111. RURAL COOPERATIVE DEVELOPMENT GRANTS.
Section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(e)) is amended--
(1) in paragraph (10), by inserting ``(including research
and analysis based on data from the latest available Economic
Census conducted by the Bureau of the Census)'' after
``conduct research''; and
(2) in paragraph (13), by striking ``2018'' and inserting
``2023''.
SEC. 6112. LOCALLY OR REGIONALLY PRODUCED AGRICULTURAL FOOD
PRODUCTS.
Section 310B(g)(9)(B)(iv)(I) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1932(g)(9)(B)(iv)(I)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 6113. APPROPRIATE TECHNOLOGY TRANSFER FOR RURAL AREAS
PROGRAM.
Section 310B(i)(4) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(i)(4)) is amended by striking
``2018'' and inserting ``2023''.
[[Page S4575]]
SEC. 6114. RURAL ECONOMIC AREA PARTNERSHIP ZONES.
Section 310B(j) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932(j)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6115. INTEMEDIARY RELENDING PROGRAM.
Section 310H of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1936b) is amended--
(1) by redesignating subsection (e) as subsection (i);
(2) by inserting after subsection (d) the following:
``(e) Limitation on Loan Amounts.--The maximum amount of a
loan by an eligible entity described in subsection (b) to
individuals and entities for a project under subsection (c),
including the unpaid balance of any existing loans, shall be
the lesser of--
``(1) $400,000; and
``(2) 50 percent of the loan to the eligible entity under
subsection (a).
``(f) Applications.--
``(1) In general.--To be eligible to receive a loan or loan
guarantee under subsection (a), an eligible entity described
in subsection (b) shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Evaluation.--In evaluating applications submitted
under paragraph (1), the Secretary shall--
``(A)(i) take into consideration the previous performance
of an eligible entity in carrying out projects under
subsection (c); and
``(ii) in the case of satisfactory performance under clause
(i), require the eligible entity to contribute less equity
for subsequent loans without modifying the priority given to
subsequent applications; and
``(B) in assigning priorities to applications, require an
eligible entity to demonstrate that it has a governing or
advisory board made up of business, civic, and community
leaders who are representative of the communities of the
service area, without limitation to the size of the service
area.
``(g) Return of Equity.--The Secretary shall establish a
schedule that is consistent with the amortization schedules
of the portfolio of loans made or guaranteed under subsection
(a) for the return of any equity contribution made under this
section by an eligible entity described in subsection (b), if
the eligible entity is--
``(1) current on all principal and interest payments; and
``(2) in compliance with loan covenants.
``(h) Regulations.--The Secretary shall promulgate
regulations and establish procedures reducing the
administrative requirements on eligible entities described in
subsection (b), including regulations to carry out the
amendments made to this section by the Agriculture
Improvement Act of 2018.''; and
(3) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6116. SINGLE APPLICATION FOR BROADBAND.
Section 331 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981) is amended by adding at the end the
following:
``(e) Single Application for Broadband.--
``(1) In general.--Subject to paragraphs (2), (3), and (4),
notwithstanding any other provision of law, broadband
facilities and broadband service (as defined in section
601(b) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(b)), may be funded as an incidental part of any grant,
loan, or loan guarantee provided under this title or any
other provision of law administered by the Secretary, acting
through the rural development mission area.
``(2) Limitation.--Except as otherwise authorized by an Act
of Congress, funding under paragraph (1) shall not constitute
more than 10 percent of any loan for a fiscal year for any
program under this title or any other provision of law
administered by the Secretary, acting through the rural
development mission area.
``(3) Competitive harm.--The Secretary shall not provide
funding under paragraph (1) if the funding would result in
competitive harm to any existing grant, loan, or loan
guarantee described in that paragraph.
``(4) Eligibility.--Funding under paragraph (1) shall be
granted only for eligible projects described in section
601(d)(2) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(d)(2)).''.
SEC. 6117. LOAN GUARANTEE LOAN FEES.
(a) Certain Programs Under Consolidated Farm and Rural
Development Act.--Section 333 of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1983) is amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6)(E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(7) in the case of an insured or guaranteed loan issued
or modified under section 306(a), charge and collect from the
lender fees in such amounts as are necessary such that--
``(A) the sum of--
``(i) the total amount of fees so charged for each fiscal
year; and
``(ii) the total of the amounts appropriated for the
insured or guaranteed loans for the fiscal year; is equal to
``(B) the amount of the costs of subsidies for the insured
or guaranteed loans for the fiscal year.''.
(b) Rural Broadband Program.--Section 601(c) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(c)) is amended by
adding at the end the following:
``(3) Fees.--In the case of a loan guarantee issued or
modified under this section, the Secretary shall charge and
collect from the lender fees in such amounts as are necessary
such that--
``(A) the sum of--
``(i) the total amount of fees so charged for each fiscal
year; and
``(ii) the total of the amounts appropriated for the loan
guarantees for the fiscal year; is equal to
``(B) the amount of the costs of subsidies for the loan
guarantees for the fiscal year.''.
SEC. 6118. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS
TECHNICAL ASSISTANCE AND TRAINING.
The Consolidated Farm and Rural Development Act is amended
by inserting after section 367 (as added by section 5305) the
following:
``SEC. 368. RURAL BUSINESS-COOPERATIVE SERVICE PROGRAMS
TECHNICAL ASSISTANCE AND TRAINING.
``(a) In General.--The Secretary may make grants to public
bodies, private nonprofit corporations, economic development
authorities, institutions of higher education, federally
recognized Indian Tribes, and rural cooperatives for the
purpose of providing or obtaining technical assistance and
training to support funding applications for programs carried
out by the Secretary, acting through the Administrator of the
Rural Business-Cooperative Service.
``(b) Purposes.--A grant under subsection (a) may be used--
``(1) to assist communities in identifying and planning for
business and economic development needs;
``(2) to identify public and private resources to finance
business and small and emerging business needs;
``(3) to prepare reports and surveys necessary to request
financial assistance for businesses in rural communities; and
``(4) to prepare applications for financial assistance.
``(c) Selection Priority.--In selecting recipients of
grants under this section, the Secretary shall give priority
to grants serving persistent poverty counties and high
poverty communities, as determined by the Secretary.
``(d) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $5,000,000 for each of fiscal years
2019 through 2023, to remain available until expended.
``(2) Availability.--Any amounts authorized to be
appropriated under paragraph (1) for any fiscal year that are
not appropriated for that fiscal year may be appropriated for
any succeeding fiscal year.''.
SEC. 6119. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.
Section 378 of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008m) is amended in subsections (g)(1) and (h)
by striking ``2018'' each place it appears and inserting
``2023''.
SEC. 6120. GRANTS FOR NOAA WEATHER RADIO TRANSMITTERS.
Section 379B(d) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008p(d)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6121. RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM.
Section 379E of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008s) is amended--
(1) in subsection (b)(4)(B)(ii)--
(A) in the clause heading, by striking ``Maximum amount''
and inserting ``Amount'';
(B) by inserting ``not less than 20 percent and'' before
``not more than 25 percent''; and
(C) by striking the period at the end and inserting the
following: ``, subject to--
``(I) satisfactory performance by the microenterprise
development organization under this section, and
``(II) the availability of funding.''; and
(2) in subsection (d)(2)--
(A) by striking ``$40,000,000'' and inserting
``$20,000,000''; and
(B) by striking ``2009 through 2018'' and inserting ``2019
through 2023''.
SEC. 6122. HEALTH CARE SERVICES.
Section 379G(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008u(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 6123. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
Section 379H of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2008v) is amended to read as follows:
``SEC. 379H. STRATEGIC ECONOMIC AND COMMUNITY DEVELOPMENT.
``(a) In General.--In the case of any program under this
title or administered by the Secretary, acting through the
rural development mission area, as determined by the
Secretary (referred to in this section as a `covered
program'), the Secretary shall give priority to an
application for a project that, as determined and approved by
the Secretary--
``(1) meets the applicable eligibility requirements of this
title or the other applicable authorizing law;
``(2) will be carried out in a rural area; and
``(3) supports the implementation of a strategic community
investment plan described in subsection (d) on a
multisectoral and multijurisdictional basis, to include
considerations for improving and expanding broadband services
as needed.
[[Page S4576]]
``(b) Reserve.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall reserve not more than 10 percent of the funds made
available for a fiscal year for covered programs for projects
that support the implementation of a strategic community
investment plan described in subsection (d) on a
multisectoral and multijurisdictional basis.
``(2) Period.--Any funds reserved under paragraph (1) shall
only be reserved for the 1-year period beginning on the date
on which the funds were first made available, as determined
by the Secretary.
``(c) Approved Applications.--
``(1) In general.--Subject to paragraph (2), any applicant
who submitted an application under a covered program that was
approved before the date of enactment of this section may
amend the application to qualify for the funds reserved under
subsection (b).
``(2) Rural utilities.--Any applicant who submitted an
application under paragraph (2), (14), or (24) of section
306(a), or section 306A or 310B(b), that was approved by the
Secretary before the date of enactment of this section shall
be eligible for the funds reserved under subsection (b)--
``(A) on the same basis as an application submitted under
this section; and
``(B) until September 30, 2019.
``(d) Strategic Community Investment Plans.--
``(1) In general.--The Secretary shall provide assistance
to rural communities in developing strategic community
investment plans.
``(2) Plans.--A strategic community investment plan
described in paragraph (1) shall include--
``(A) a variety of activities designed to facilitate the
vision of a rural community for the future, including
considerations for improving and expanding broadband services
as needed;
``(B) participation by multiple stakeholders, including
local and regional partners;
``(C) leverage of applicable regional resources;
``(D) investment from strategic partners, such as--
``(i) private organizations;
``(ii) cooperatives;
``(iii) other government entities;
``(iv) Indian Tribes; and
``(v) philanthropic organizations;
``(E) clear objectives with the ability to establish
measurable performance metrics;
``(F) action steps for implementation; and
``(G) any other elements necessary to ensure that the plan
results in a comprehensive and strategic approach to rural
economic development, as determined by the Secretary.
``(3) Coordination.--The Secretary shall coordinate with
Indian Tribes and local, State, regional, and Federal
partners to develop strategic community investment plans
under this subsection.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2019 through 2023, to remain
available until expended.''.
SEC. 6124. DELTA REGIONAL AUTHORITY.
(a) Authorization of Appropriations.--Section 382M(a) of
the Consolidated Farm and Rural Development Act (7 U.S.C.
2009aa-12(a)) is amended by striking ``2018'' and inserting
``2023''.
(b) Termination of Authority.--Section 382N of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009aa-
13) is amended by striking ``2018'' and inserting ``2023''.
SEC. 6125. RURAL BUSINESS INVESTMENT PROGRAM.
Section 384S of the Consolidated Farm and Rural Development
Act (7 U.S.C. 2009cc-18) is amended by striking ``2018'' and
inserting ``2023''.
Subtitle B--Rural Electrification Act of 1936
SEC. 6201. ELECTRIC LOAN REFINANCING.
Section 2(a) of the Rural Electrification Act of 1936 (7
U.S.C. 902(a)) is amended by striking ``loans in'' and
inserting ``loans, or refinance loans made by the Secretary
under this Act, in''.
SEC. 6202. TECHNICAL ASSISTANCE FOR RURAL ELECTRIFICATION
LOANS.
Section 2 of the Rural Electrification Act of 1936 (7
U.S.C. 902) is amended by adding at the end the following:
``(c) Technical Assistance.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall enter into a memorandum of understanding with
the Secretary of Energy under which the Secretary of Energy
shall provide technical assistance to applicants for loans
made under subsection (a) and section 4(a).
``(2) Form of assistance.--The technical assistance that
the Secretary may request pursuant to a memorandum of
understanding entered into under paragraph (1) may include--
``(A) direct advice;
``(B) tools, maps, and training relating to--
``(i) the implementation of demand-side management of
electric and telephone service in rural areas;
``(ii) energy efficiency and conservation programs; and
``(iii) on-grid and off-grid renewable energy systems; and
``(C) any other forms of assistance determined necessary by
the Secretary.''.
SEC. 6203. LOANS FOR TELEPHONE SERVICE.
Section 201 of the Rural Electrification Act of 1936 (7
U.S.C. 922) is amended--
(1) by striking the section designation and all that
follows through ``From such sums'' and inserting the
following:
``SEC. 201. LOANS FOR TELEPHONE SERVICE.
``From such sums'';
(2) in the second sentence, by striking ``associations:''
and all that follows through ``same subscribers.'' and
inserting ``associations.''; and
(3) in the sixth sentence, by striking ``nor shall such
loan'' and all that follows through ``writing)'' and
inserting ``and''.
SEC. 6204. CUSHION OF CREDIT PAYMENTS PROGRAM.
(a) In General.--Section 313 of the Rural Electrification
Act of 1936 (7 U.S.C. 940c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by inserting after paragraph (1) the following:
``(2) Termination of deposit authority.--Effective October
1, 2018, no deposits may be made under paragraph (1).''; and
(C) in paragraph (3) (as so designated), by striking
``borrower at a rate of 5 percent per annum.'' and inserting
the following: ``borrower--
``(A) for each fiscal year through fiscal year 2018, at a
rate of 5 percent; and
``(B) for fiscal year 2019 and each fiscal year thereafter,
at a rate equal to--
``(i) the average interest rate used to make payments on
the 5-year Treasury note for the most recent calendar
quarter; but
``(ii) not greater than 5 percent.'';
(2) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``The Secretary'' and inserting the
following:
``(i) In general.--The Secretary'';
(ii) in clause (i) (as so designated), by striking ``Fund
to which shall be credited, on a monthly basis,'' and
inserting the following: ``Fund, to be known as the ``rural
economic development subaccount'' (referred to in this
paragraph as the ``subaccount'').
``(ii) Differential payments.--For each month through
September 2021, the Secretary shall credit to the
subaccount''; and
(iii) in clause (ii) (as so designated), by striking ``the
5 percent'' and all that follows through the period at the
end and inserting ``5 percent.'';
(B) in subparagraph (B)--
(i) by striking ``is authorized, from the interest
differential sums credited this subaccount'' and inserting
``shall, from interest differential sums credited under
subparagraph (A)(ii) to the subaccount''; and
(ii) by striking ``to provide'' and inserting ``provide'';
(C) in subparagraph (E), by striking ``rural economic
development''; and
(D) by adding at the end the following:
``(F) Funding.--
``(i) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall credit to the
subaccount to use for the cost of grants and loans under
subparagraphs (B) through (E) $5,000,000 for each of fiscal
years 2022 and 2023, to remain available until expended.
``(ii) Authorization of appropriations.--In addition to
other amounts available in the subaccount for the cost of
grants and loans under subparagraphs (B) through (E), there
is authorized to be appropriated to the subaccount for the
cost of the grants and loans $5,000,000 for each of fiscal
years 2022 and 2023, to remain available until expended.''.
(b) Conforming Amendments.--
(1) Section 12(b)(3)(D) of the Rural Electrification Act of
1936 (7 U.S.C. 912(b)(3)(D)) is amended by striking
``313(b)(2)(A)'' and inserting ``313(b)(2)(A)(ii)''.
(2) Section 313A of the Rural Electrification Act of 1936
(7 U.S.C. 940c-1) is amended in subsections (c)(4)(A) and
(e)(2) by striking ``313(b)(2)(A)'' each place it appears and
inserting ``313(b)(2)(A)(i)''.
SEC. 6205. GUARANTEES FOR BONDS AND NOTES ISSUED FOR
ELECTRIFICATION OR TELEPHONE PURPOSES.
(a) In General.--Section 313A of the Rural Electrification
Act of 1936 (7 U.S.C. 940c-1) is amended--
(1) in subsection (a)--
(A) by striking ``Subject to'' and inserting the following:
``(1) Guarantees.--Subject to'';
(B) in paragraph (1) (as so designated), by striking
``basis'' and all that follows through the period at the end
and inserting ``basis, if the proceeds of the bonds or notes
are used to make utility infrastructure loans, or refinance
bonds or notes issued for those purposes, to a borrower that
has at any time received, or is eligible to receive, a loan
under this Act.''; and
(C) by adding at the end the following:
``(2) Terms.--A bond or note guaranteed under this section
shall, by agreement between the Secretary and the borrower--
``(A) be for a term of 30 years (or another term of years
that the Secretary determines is appropriate); and
``(B) be repaid by the borrower--
``(i) in periodic installments of principal and interest;
``(ii) in periodic installments of interest and, at the end
of the term of the bond or note, as applicable, by the
repayment of the outstanding principal; or
``(iii) through a combination of the methods described in
clauses (i) and (ii).'';
(2) in subsection (b)--
(A) in paragraph (1), by striking ``electrification'' and
all that follows through the period at the end and inserting
``purposes described in subsection (a)(1).'';
[[Page S4577]]
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated)--
(i) in subparagraph (A), by striking ``for electrification
or telephone purposes'' and inserting ``for eligible purposes
described in subsection (a)(1)''; and
(ii) in subparagraph (C), by striking ``subsection (a)''
and inserting ``subsection (a)(1)''; and
(3) in subsection (f), by striking ``2018'' and inserting
``2023''.
(b) Administration.--Beginning on the date of enactment of
the Agriculture Improvement Act of 2018, the Secretary shall
continue to carry out section 313A of the Rural
Electrification Act of 1936 (7 U.S.C. 940c-1) (as amended by
subsection (a)) under a Notice of Solicitation of
Applications until the date on which any regulations
necessary to carry out the amendments made by subsection (a)
are fully implemented.
SEC. 6206. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN
RURAL AREAS.
Section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) is amended--
(1) in subsection (a), by striking ``loans and'' and
inserting ``grants, loans, and'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Loans and''
and inserting ``Grants, Loans, and'';
(B) in paragraph (1), by inserting ``make grants and''
after ``Secretary shall'';
(C) by striking paragraph (2) and inserting the following:
``(2) Priority.--
``(A) In general.--In making grants, loans, or loan
guarantees under paragraph (1), the Secretary shall--
``(i) give the highest priority to applications for
projects to provide broadband service to unserved rural
communities that do not have any residential broadband
service;
``(ii) give priority to applications for projects to
provide the maximum level of broadband service to the
greatest proportion of rural households in the proposed
service area identified in the application;
``(iii) give priority to applications for projects to
provide rapid and expanded deployment of fixed and mobile
broadband on cropland and ranchland within a service
territory for use in various applications of precision
agriculture;
``(iv) provide equal consideration to all eligible
entities, including those that have not previously received
grants, loans, or loan guarantees under paragraph (1); and
``(v) with respect to 2 or more applications that are given
the same priority under clause (i), give priority to an
application that requests less grant funding than loan
funding.
``(B) Other.--After giving priority to the applications
described in clauses (i) and (ii) of subparagraph (A), the
Secretary shall then give priority to applications--
``(i) for projects to provide broadband service to rural
communities--
``(I) with a population of less than 10,000 permanent
residents;
``(II) that are experiencing outmigration and have adopted
a strategic community investment plan under section 379H(d)
that includes considerations for improving and expanding
broadband service;
``(III) with a high percentage of low income families or
persons (as defined in section 501(b) of the Housing Act of
1949 (42 U.S.C. 1471(b)); or
``(IV) that are isolated from other significant population
centers; and
``(ii) that were developed with the participation of, and
will receive a substantial portion of the funding for the
project from, 1 or more stakeholders, including--
``(I) State, local, and tribal governments;
``(II) nonprofit institutions;
``(III) community anchor institutions, such as--
``(aa) public libraries;
``(bb) elementary schools and secondary schools (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(cc) institutions of higher education; and
``(dd) health care facilities;
``(IV) private entities; and
``(V) philanthropic organizations.
``(C) Identification of unserved communities.--
``(i) In general.--In the case of an application given the
highest priority under subparagraph (A)(i), the Secretary
shall confirm that each unserved rural community identified
in the application is eligible for funding by--
``(I) conferring with and obtaining data from the Chair of
the Federal Communications Commission and the Administrator
of the National Telecommunications and Information
Administration with respect to the service level in the
service area proposed in the application;
``(II) reviewing any other source that is relevant to
service data validation, as determined by the Secretary; and
``(III) performing site-specific testing to verify the
unavailability of any residential broadband service in the
unserved rural community.
``(ii) Adjustments.--Not less often than once every 2
years, the Secretary shall review, and may adjust through
notice published in the Federal Register, the unserved
communities identified under clause (i).'';
(D) by redesignating paragraph (3) (as added by section
6117(b)) as paragraph (4); and
(E) by inserting after paragraph (2) the following:
``(3) Grant amounts.--
``(A) Definition of development costs.--In this paragraph,
the term `development costs' means costs of--
``(i) construction, including labor and materials;
``(ii) project applications; and
``(iii) other development activities, as determined by the
Secretary.
``(B) Eligibility.--To be eligible for a grant under this
section, the project that is the subject of the grant shall
be carried out in a rural area.
``(C) Maximum.--Except as provided in subparagraph (D), the
amount of any grant made under this section shall not exceed
50 percent of the development costs of the project for which
the grant is provided.
``(D) Secretarial authority to adjust.--The Secretary may
make grants of up to 75 percent of the development costs of
the project for which the grant is provided to an eligible
entity if the Secretary determines that the project serves--
``(i) an area of rural households described in paragraph
(2)(A)(ii); and
``(ii) a rural community described in any of subclauses (I)
through (IV) of paragraph (2)(B)(i).'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``loan
or'' and inserting ``grant, loan, or'';
(II) in clause (ii), by striking ``a loan application'' and
inserting ``an application''; and
(III) in clause (iii)--
(aa) by striking ``service'' and inserting
``infrastructure'';
(bb) by striking ``loan'' the first place it appears;
(cc) by striking ``3'' and inserting ``5''; and
(dd) by striking ``proceeds from the loan made or
guaranteed under this section are'' and inserting
``assistance under this section is''; and
(ii) by adding at the end the following:
``(C) Relation to universal service high-cost support.--The
Secretary shall coordinate with the Federal Communications
Commission to ensure that any grants, loans, or loan
guarantees made under this section complement and do not
conflict with universal service high-cost support (as defined
in section 54.5 of title 47, Code of Federal Regulations, or
any successor regulation) provided by the Commission.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``the proceeds of a loan made or
guaranteed'' and inserting ``assistance''; and
(bb) by striking ``for the loan or loan guarantee'' and
inserting ``of the eligible entity'';
(II) in clause (i)--
(aa) by striking ``15'' and inserting ``90''; and
(bb) by striking ``level of broadband service'' and
inserting ``level of fixed broadband service, whether
terrestrial or wireless,''; and
(III) in clause (ii), by striking ``3'' and inserting
``2'';
(ii) in subparagraph (C), by striking clause (ii) and
inserting the following:
``(ii) Exceptions.--Clause (i) shall not apply if the
applicant is eligible for funding under another title of this
Act.'';
(C) in paragraph (3), in subparagraph (A), by striking
``loan or'' and inserting ``grant, loan, or'';
(D) in paragraph (4), by striking ``loan or'' and inserting
``grant, loan, or'';
(E) in paragraph (5)(A), in the matter preceding clause
(i), by striking ``loan or'' and inserting ``grant, loan,
or'';
(F) in paragraph (6), by striking ``loan or'' and inserting
``grant, loan, or'';
(G) by redesignating paragraph (7) as subparagraph (B) and
indenting appropriately;
(H) by inserting after paragraph (6) the following:
``(7) Application process.--
``(A) In general.--The Secretary shall provide to an
applicant of a grant, loan, or loan guarantee under this
section feedback and decisions on funding in a timely
manner.'';
(I) in paragraph (7)(B) (as so redesignated), by striking
``may seek a determination of area eligibility prior to
preparing a loan application under this section.'' and
inserting the following: ``may, before preparing an
application under this section--
``(i) seek a determination of area eligibility; and
``(ii) submit to the Secretary a proposal for a project, on
which the Secretary shall provide feedback regarding how the
proposal could be changed to improve the likelihood that the
Secretary would approve the application.'';
(J) in paragraph (10)(A), by striking ``15'' and inserting
``30''; and
(K) by adding at the end the following:
``(11) Technical assistance and training.--
``(A) In general.--The Secretary may provide eligible
entities described in paragraph (1) that are applying for a
grant, loan, or loan guarantee for a project described in
subsection (c)(2)(A)(i) technical assistance and training--
``(i) to prepare reports and surveys necessary to request
grants, loans, and loan guarantees under this section for
broadband deployment;
[[Page S4578]]
``(ii) to improve management, including financial
management, relating to the proposed broadband deployment;
``(iii) to prepare applications for grants, loans, and loan
guarantees under this section; or
``(iv) to assist with other areas of need identified by the
Secretary.
``(B) Funding.--Not less than 3 percent and not more than 5
percent of amounts appropriated to carry out this section for
a fiscal year shall be used for technical assistance and
training under this paragraph.'';
(4) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``4-Mbps'' and
inserting ``25-Mbps''; and
(B) in subparagraph (B), by striking ``1-Mbps'' and
inserting ``3-Mbps'';
(5) in subsection (f), by striking ``make a loan or loan
guarantee'' and inserting ``provide assistance'';
(6) in subsection (j)--
(A) in the matter preceding paragraph (1), by striking
``loan and loan guarantee'';
(B) in paragraph (1), by inserting ``grants and'' after
``number of'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``loan''; and
(ii) in subparagraph (B), by striking ``loans and'' and
inserting ``grants, loans, and''; and
(D) in paragraph (3), by striking ``loan'';
(7) by redesignating subsections (k) and (l) as subsections
(m) and (n), respectively;
(8) by inserting after subsection (j) the following:
``(k) Broadband Buildout Data.--As a condition of receiving
a grant, loan, or loan guarantee under this section, a
recipient of assistance shall provide to the Secretary
complete, reliable, and precise geolocation information that
indicates the location of new broadband service that is being
provided or upgraded within the service territory supported
by the grant, loan, or loan guarantee not later than 30 days
after the earlier of--
``(1) the date of completion of any project milestone
established by the Secretary; or
``(2) the date of completion of the project.
``(l) Environmental Reviews.--The Secretary may obligate,
but not disperse, funds under this Act before the completion
of otherwise required environmental, historical, or other
types of reviews if the Secretary determines that a
subsequent site-specific review shall be adequate and easily
accomplished for the location of towers, poles, or other
broadband facilities in the service area of the borrower
without compromising the project or the required reviews.'';
(9) in subsection (m) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``$25,000,000'' and inserting
``$150,000,000''; and
(ii) by striking ``2008 through 2018'' and inserting ``2019
through 2023''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) set aside at least 1 percent to be used for--
``(I) conducting oversight under this section; and
``(II) implementing accountability measures and related
activities authorized under this section.''; and
(10) in subsection (n) (as so redesignated)--
(A) by striking ``loan or'' and inserting ``grant, loan,
or''; and
(B) by striking ``2018'' and inserting ``2023''.
SEC. 6207. COMMUNITY CONNECT GRANT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.) is amended by adding at the end the following:
``SEC. 604. COMMUNITY CONNECT GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible broadband service.--The term `eligible
broadband service' means broadband service that has the
capability to transmit data at a speed specified by the
Secretary, which may not be less than the applicable minimum
download and upload speeds established by the Federal
Communications Commission in defining the term `advanced
telecommunications capability' for purposes of section 706 of
the Telecommunications Act of 1996 (47 U.S.C. 1302).
``(2) Eligible service area.--The term `eligible service
area' means an area in which broadband service capacity is
less than--
``(A) a 10-Mbps downstream transmission capacity; and
``(B) a 1-Mbps upstream transmission capacity.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means a
legally organized entity that--
``(i) is--
``(I) an incorporated organization;
``(II) an Indian Tribe or Tribal organization;
``(III) a State;
``(IV) a unit of local government; or
``(V) any other legal entity, including a cooperative, a
private corporation, or a limited liability company, that is
organized on a for-profit or a not-for-profit basis; and
``(ii) has the legal capacity and authority to enter into a
contract, to comply with applicable Federal laws, and to own
and operate broadband facilities, as proposed in the
application submitted by the entity for a grant under the
Program.
``(B) Exclusions.--The term `eligible entity' does not
include--
``(i) an individual; or
``(ii) a partnership.
``(4) Program.--The term `Program' means the Community
Connect Grant Program established under subsection (b).
``(5) Rural area.--The term `rural area' has the meaning
given the term in section 601(b)(3)(A).
``(b) Establishment.--The Secretary shall establish a
program, to be known as the `Community Connect Grant
Program', to provide grants to eligible entities to finance
broadband transmission in rural areas.
``(c) Eligible Projects.--An eligible entity that receives
a grant under the Program shall use the grant to carry out a
project that--
``(1) provides eligible broadband service to, within the
proposed eligible service area described in the application
submitted by the eligible entity--
``(A) each essential community facility funded under
section 306(a) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)); and
``(B) any required facilities necessary to offer that
eligible broadband service to each residential and business
customer; and
``(2) for not less than 2 years--
``(A) furnishes free wireless eligible broadband service to
a community center described in subsection (d)(1)(B);
``(B) provides not fewer than 2 computer access points for
that free wireless eligible broadband service; and
``(C) covers the cost of bandwidth to provide free eligible
broadband service to each essential community facility funded
under section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) within the proposed
eligible service area described in the application submitted
by the eligible entity.
``(d) Uses of Grant Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program may use the grant for--
``(A) the construction, acquisition, or leasing of
facilities (including spectrum), land, or buildings to deploy
eligible broadband service; and
``(B) the improvement, expansion, construction, or
acquisition of a community center within the proposed
eligible service area described in the application submitted
by the eligible entity.
``(2) Ineligible uses.--An eligible entity that receives a
grant under the Program shall not use the grant for--
``(A) the duplication of any existing broadband service
provided by another entity in the eligible service area; or
``(B) operating expenses, except as provided in--
``(i) subsection (c)(2)(C) with respect to free wireless
eligible broadband service; and
``(ii) paragraph (1)(A) with respect to spectrum.
``(3) Free access for community centers.--Of the amounts
provided to an eligible entity under a grant under the
Program, the eligible entity shall use to carry out paragraph
(1)(B) not greater than the lesser of--
``(A) 10 percent; and
``(B) $150,000.
``(e) Matching Funds.--
``(1) In general.--An eligible entity that receives a grant
under the Program shall provide a cash contribution in an
amount that is not less than 15 percent of the amount of the
grant.
``(2) Requirements.--A cash contribution described in
paragraph (1)--
``(A) shall be used solely for the project for which the
eligible entity receives a grant under the Program; and
``(B) shall not include any Federal funds, unless a Federal
statute specifically provides that those Federal funds may be
considered to be from a non-Federal source.
``(f) Applications.--
``(1) In general.--To be eligible to receive a grant under
the Program, an eligible entity shall submit to the Secretary
an application at such time, in such manner, and containing
such information as the Secretary may require.
``(2) Requirement.--An application submitted by an eligible
entity under paragraph (1) shall include documentation
sufficient to demonstrate the availability of funds to
satisfy the requirement of subsection (e).
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each fiscal year.''.
SEC. 6208. TRANSPARENCY IN THE TELECOMMUNICATIONS
INFRASTRUCTURE LOAN PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.) (as amended by section 6207) is amended by
adding at the end the following:
``SEC. 605. TRANSPARENCY IN THE TELECOMMUNICATIONS
INFRASTRUCTURE LOAN PROGRAM.
``(a) Public Notice of Applications for Assistance.--The
Secretary shall publish in the Federal Register, and promptly
make available to the public, a fully searchable database on
the website of Rural Utilities Service that contains, at a
minimum--
``(1) notice of each application for a loan from the
Telecommunications Infrastructure Loan and Guarantee Program
under this Act describing the application, including--
``(A) the identity of the applicant;
``(B) a description of the application, including--
``(i) each census block proposed to be served by the
applicant; and
[[Page S4579]]
``(ii) the amount and type of support requested by the
applicant;
``(C) the status of the application;
``(D) the estimated number and proportion of households in
each census block under subparagraph (B)(i) that are without
telecommunications service; and
``(E) a list of the census block groups, in a manner
specified by the Secretary, to which the applicant proposes
to provide service; and
``(2) notice of each borrower receiving assistance under
the Telecommunications Infrastructure Loan and Guarantee
Program under this Act, including--
``(A) the name of the borrower;
``(B) the type of assistance being received; and
``(C) the purpose for which the borrower is receiving the
assistance; and
``(3) such other information as is sufficient to allow the
public to understand the assistance provided under the
Telecommunications Infrastructure Loan and Guarantee Program
under this Act.
``(b) Opportunity for the Public to Submit Information.--
The Secretary shall, with respect to an application for a
loan under the Telecommunications Infrastructure Loan and
Guarantee Program under this Act--
``(1) for a period of not less than 15 days after the date
on which the notice required by subsection (a)(1) is provided
with respect to the application, provide an opportunity for
an interested party to voluntarily submit information
concerning the services that the party offers in the census
blocks described in subsection (a)(1)(B)(i), such that the
Secretary may assess whether approving the application would
result in any duplication of lines, facilities, or systems
that are providing reasonably adequate services; and
``(2) if no interested party submits information under
paragraph (1), consider the number of providers in the census
block group to be established by using broadband deployment
data from the most recent Form 477 data collection of the
Federal Communications Commission.''.
SEC. 6209. REFINANCING OF BROADBAND AND TELEPHONE LOANS.
(a) In General.--Section 201 of the Rural Electrification
Act of 1936 (7 U.S.C. 922) is amended, in the fifth sentence,
by striking ``furnishing telephone service in rural areas:''
and all that follows through ``40 per centum of any loan made
under this title.'' and inserting ``furnishing telephone
service in rural areas, including indebtedness of recipients
on another telecommunications loan made under this Act.''.
(b) Broadband.--Section 601(i) of the Rural Electrification
Act of 1936 (7 U.S.C. 950bb(i)) is amended by striking ``Act
if the use of'' and all that follows through the period at
the end and inserting ``Act, or on any other loan if that
loan would have been for an eligible purpose under this
Act.''.
SEC. 6210. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
Title III of the Rural Electrification Act of 1936 (7
U.S.C. 931 et seq.) is amended by adding at the end the
following:
``SEC. 319. CYBERSECURITY AND GRID SECURITY IMPROVEMENTS.
``(a) Definition of Cybersecurity and Grid Security
Improvements.--In this section, the term `cybersecurity and
grid security improvements' means investment in the
development, expansion, and modernization of rural utility
infrastructure that addresses known cybersecurity and grid
security risks.
``(b) Loans and Loan Guarantees.--The Secretary may make or
guarantee loans under this title and title I for
cybersecurity and grid security improvements.''.
Subtitle C--Miscellaneous
SEC. 6301. DISTANCE LEARNING AND TELEMEDICINE.
(a) Substance Use Disorder Treatment Services.--Section
2333(c) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 950aaa-2(c)) is amended by adding at the
end the following:
``(5) Substance use disorder treatment services.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall make available not less than 20 percent of
amounts made available under section 2335A for financial
assistance under this chapter for substance use disorder
treatment services.
``(B) Exception.--In the case of a fiscal year for which
the Secretary determines that there are not sufficient
qualified applicants to receive financial assistance for
substance use disorder treatment services to reach the 20-
percent requirement under subparagraph (A), the Secretary may
make available less than 20 percent of amounts made available
under section 2335A for those services.''.
(b) Authorization of Appropriations.--Section 2335A of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 950aaa-5) is amended by striking ``2018'' and
inserting ``2023''.
(c) Conforming Amendment.--Section 1(b) of Public Law 102-
551 (7 U.S.C. 950aaa note) is amended by striking ``2018''
and inserting ``2023''.
SEC. 6302. RURAL ENERGY SAVINGS PROGRAM.
Section 6407 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107a) is amended--
(1) in subsection (b)(2), by striking ``efficiency.'' and
inserting ``efficiency (including cost-effective on- or off-
grid renewable energy or energy storage systems).'';
(2) in subsection (c)--
(A) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Eligibility for other loans.--The Secretary shall not
include any debt incurred by a borrower under this section in
the calculation of the debt-equity ratio of the borrower for
purposes of eligibility for loans under the Rural
Electrification Act of 1936 (7 U.S.C. 901 et seq.).'';
(C) in subparagraph (B) of paragraph (5) (as so
redesignated), by striking ``(6)'' and inserting ``(7)''; and
(D) by adding at the end the following:
``(9) Accounting.--The Secretary shall take appropriate
steps to streamline the accounting requirements on borrowers
under this section while maintaining adequate assurances of
the repayment of the loans.'';
(3) in subsection (d)(1)(A), by striking ``3 percent'' and
inserting ``6 percent'';
(4) by redesignating subsection (h) as subsection (i);
(5) by inserting after subsection (g) the following:
``(h) Publication.--Not later than 120 days after the end
of each fiscal year, the Secretary shall publish a
description of--
``(1) the number of applications received under this
section for that fiscal year;
``(2) the number of loans made to eligible entities under
this section for that fiscal year; and
``(3) the recipients of the loans described in paragraph
(2).''; and
(6) in subsection (i) (as so redesignated), by striking
``2018'' and inserting ``2023''.
SEC. 6303. RURAL HEALTH AND SAFETY EDUCATION PROGRAMS.
(a) In General.--Section 502(i) of the Rural Development
Act of 1972 (7 U.S.C. 2662(i)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following:
``(5) Substance use disorder education and prevention.--In
making grants under this subsection, the Secretary shall give
priority to an applicant that will use the grant for
substance use disorder education, prevention, or
treatment.''.
(b) Technical Amendments.--Title V of the Rural Development
Act of 1972 (7 U.S.C. 2661 et seq.) (as amended by subsection
(a)) is amended--
(1) in section 502, in the matter preceding subsection (a),
by inserting ``(referred to in this title as the
`Secretary')'' after ``Agriculture''; and
(2) by striking ``Secretary of Agriculture'' each place it
appears (other than in section 502 in the matter preceding
subsection (a)) and inserting ``Secretary''.
SEC. 6304. NORTHERN BORDER REGIONAL COMMISSION
REAUTHORIZATION.
(a) Administrative Expenses of Regional Commissions.--
Section 15304(c)(3)(A) of title 40, United States Code, is
amended by striking ``unanimous'' and inserting ``majority''.
(b) Economic and Infrastructure Development Grants.--
Section 15501 of title 40, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (7), by striking ``and'' at the end;
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following:
``(8) to grow the capacity for successful community
economic development in its region; and'';
(2) in subsection (b), by striking ``paragraphs (1) through
(3)'' and inserting ``paragraph (1), (2), (3), or (7)''; and
(3) in subsection (f), by striking the period at the end
and inserting ``, except that financial assistance may be
used as otherwise authorized by this subtitle to attract
businesses to the region from outside the United States.''.
(c) State Capacity Building Grant Program.--
(1) Definitions.--In this subsection:
(A) Commission.--The term ``Commission'' means the Northern
Border Regional Commission established by section 15301(a)(3)
of title 40, United States Code.
(B) Commission state.--The term ``Commission State'' means
each of the States of Maine, New Hampshire, New York, and
Vermont.
(C) Eligible county.--The term ``eligible county'' means a
county described in section 15733 of title 40, United States
Code.
(D) Program.--The term ``program'' means the State capacity
building grant program established under paragraph (2).
(2) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Commission shall establish a
State capacity building grant program to provide grants to
Commission States to carry out the purpose under paragraph
(3).
(3) Purpose.--The purpose of the program is to support the
efforts of Commission States--
(A) to better support business retention and expansion in
eligible counties;
(B) to create programs to encourage job creation and
workforce development;
(C) to prepare economic and infrastructure plans for
eligible counties;
(D) to expand access to high-speed broadband;
(E) to encourage initiatives that drive investments in
transportation, water, wastewater, and other critical
infrastructure;
[[Page S4580]]
(F) to create initiatives to increase the effectiveness of
local or regional economic developers; and
(G) to implement new or innovative economic development
practices that will better position the Commission States to
compete in the global economy.
(4) Use of funds.--
(A) In general.--Funds from a grant under the program may
be used to support a project, program, or expense of the
Commission State in an eligible county.
(B) Limitation.--Funds from a grant under the program shall
not be used for--
(i) the purchase of furniture, fixtures, or equipment; or
(ii) the compensation of--
(I) any State member of the Commission (as described in
section 15301(b)(1)(B) of title 40, United States Code); or
(II) any State alternate member of the Commission (as
described in section 15301(b)(2)(B) of title 40, United
States Code).
(5) Annual work plan.--
(A) In general.--For each fiscal year, before providing a
grant under the program, each Commission State shall provide
to the Commission an annual work plan that includes the
proposed use of the grant.
(B) Approval.--No grant under the program shall be provided
to a Commission State unless the Commission has approved the
annual work plan of the State.
(6) Amount of grant.--
(A) In general.--The amount of a grant provided to a
Commission State under the program shall be an amount equal
to the share of the State of administrative expenses of the
Commission for a fiscal year (as determined under section
15304(c) of title 40, United States Code).
(B) Approval.--For each fiscal year, a grant provided under
the program shall be approved and made available as part of
the approval of the annual budget of the Commission.
(7) Grant availability.--Funds from a grant under the
program shall be available only during the fiscal year for
which the grant is provided.
(8) Report.--Each fiscal year, each Commission State shall
submit to the Commission and make publicly available a report
that describes the use of the grant funds and the impact of
the program in the State.
(9) Funding.--
(A) In general.--There is authorized to be appropriated
such sums as the Commission determines to be necessary,
subject to the condition that the Commission may use not more
than $5,000,000 to carry out this subsection for any fiscal
year.
(B) Supplement, not supplant.--Funds made available to
carry out this subsection shall supplement and not supplant
funds made available for the Commission and other activities
of the Commission.
(d) Northern Border Regional Commission.--Section 15733 of
title 40, United States Code, is amended--
(1) in paragraph (2)--
(A) by inserting ``Belknap,'' before ``Carroll,''; and
(B) by inserting ``Cheshire,'' before ``Coos,''; and
(2) in paragraph (4)--
(A) by inserting ``Addison, Bennington,'' before
``Caledonia,'';
(B) by inserting ``Chittenden,'' before ``Essex,'';
(C) by striking ``and'' and inserting ``Orange,'' and
(D) by inserting ``, Rutland, Washington, Windham, and
Windsor'' after ``Orleans''.
(e) Authorization of Appropriations.--Section 15751(a) of
title 40, United States Code, is amended by striking ``2018''
and inserting ``2023''.
(f) Technical Amendments.--Chapters 1, 2, 3, and 4 of
subtitle V of title 40, United States Code, are redesignated
as chapters 151, 153, 155, and 157, respectively.
TITLE VII--RESEARCH, EXTENSION, AND RELATED MATTERS
Subtitle A--National Agricultural Research, Extension, and Teaching
Policy Act of 1977
SEC. 7101. PURPOSES OF AGRICULTURAL RESEARCH, EXTENSION, AND
EDUCATION.
Section 1402 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3101) is
amended--
(1) in paragraph (7), by striking ``and'' after the
semicolon;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) support international collaboration that leverages
resources and advances priority food and agricultural
interests of the United States, such as--
``(A) addressing emerging plant and animal diseases;
``(B) improving crop varieties and animal breeds; and
``(C) developing safe, efficient, and nutritious food
systems.''.
SEC. 7102. MATTERS RELATING TO CERTAIN SCHOOL DESIGNATIONS
AND DECLARATIONS.
(a) Study of Food and Agricultural Sciences.--Section
1404(14) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3103(14)) is
amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) In general.--
``(i) Definition.--The terms `NLGCA Institution' and `non-
land-grant college of agriculture' mean a public college or
university offering a baccalaureate or higher degree in the
study of agricultural sciences, forestry, or both in any area
of study described in clause (ii).
``(ii) Clarification.--An area of study referred to in
clause (i) may include any of the following:
``(I) Agriculture.
``(II) Agricultural business and management.
``(III) Agricultural economics.
``(IV) Agricultural mechanization.
``(V) Agricultural production operations.
``(VI) Aquaculture.
``(VII) Agricultural and food products processing.
``(VIII) Agricultural and domestic animal services.
``(IX) Equestrian or equine studies.
``(X) Applied horticulture or horticulture operations.
``(XI) Ornamental horticulture.
``(XII) Greenhouse operations and management.
``(XIII) Turf and turfgrass management.
``(XIV) Plant nursery operations and management.
``(XV) Floriculture or floristry operations and management.
``(XVI) International agriculture.
``(XVII) Agricultural public services.
``(XVIII) Agricultural and extension education services.
``(XIX) Agricultural communication or agricultural
journalism.
``(XX) Animal sciences.
``(XXI) Food science.
``(XXII) Plant sciences.
``(XXIII) Soil sciences.
``(XXIV) Forestry.
``(XXV) Forest sciences and biology.
``(XXVI) Natural resources or conservation.
``(XXVII) Natural resources management and policy.
``(XXVIII) Natural resource economics.
``(XXIX) Urban forestry.
``(XXX) Wood science and wood products or pulp or paper
technology.
``(XXXI) Range science and management.
``(XXXII) Agricultural engineering.
``(XXXIII) Any other area, as determined appropriate by the
Secretary.''; and
(2) in subparagraph (C)--
(A) in the matter preceding clause (i), by inserting ``any
institution designated under'' after ``include'';
(B) by striking clause (i); and
(C) in clause (ii)--
(i) by striking ``(ii) any institution designated under--
'';
(ii) by striking subclause (IV);
(iii) in subclause (II), by adding ``or'' at the end;
(iv) in subclause (III), by striking ``; or'' at the end
and inserting a period; and
(v) by redesignating subclauses (I), (II), and (III) as
clauses (i), (ii), and (iii), respectively, and indenting
appropriately.
(b) Designation Review.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a
process to review each designated NLGCA Institution (as
defined in section 1404(14)(A) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3103(14)(A))) to ensure compliance with that section
(as amended by subsection (a)).
(2) Violation.--If the Secretary determines under paragraph
(1) that an NLGCA Institution is not in compliance with
section 1404(14)(A) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103(14)(A)) (as amended by subsection (a)), the designation
of that NLGCA Institution shall be revoked.
SEC. 7103. NATIONAL AGRICULTURAL RESEARCH, EXTENSION,
EDUCATION, AND ECONOMICS ADVISORY BOARD.
Section 1408(h) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3123(h))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7104. CITRUS DISEASE SUBCOMMITTEE OF SPECIALTY CROP
COMMITTEE.
Section 1408A(a)(2)(D) of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3123a(a)(2)(D)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7105. VETERINARY SERVICES GRANT PROGRAM.
Section 1415B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151b)
is amended--
(1) in subsection (c)(2)--
(A) by striking ``to qualified'' and inserting the
following: ``to--
``(A) qualified'';
(B) in subparagraph (A) (as so designated), by striking the
period at the end and inserting ``; and''; and
(C) by adding at the end the following:
``(B) qualified entities for the purpose of exposing
students in grades 11 and 12 to education and career
opportunities in food animal medicine.''; and
(2) in subsection (h)--
(A) by striking the subsection designation and heading and
inserting the following:
``(h) Funding.--
``(1) Authorization of appropriations.--'';
(B) in paragraph (1) (as so designated), by striking ``for
fiscal year 2014 and each fiscal year thereafter'' and
inserting ``for each of fiscal years 2014 through 2023''; and
(C) by adding at the end the following:
``(2) Priority.--The Secretary shall award not less than
\2/3\ of amounts made available for grants under this section
to qualified entities with a focus on food animal
medicine.''.
[[Page S4581]]
SEC. 7106. GRANTS AND FELLOWSHIPS FOR FOOD AND AGRICULTURE
SCIENCES EDUCATION.
Section 1417(m)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3152(m)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7107. RESEARCH EQUIPMENT GRANTS.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1418
(7 U.S.C. 3153) the following:
``SEC. 1419. RESEARCH EQUIPMENT GRANTS.
``(a) Definition of Eligible Institution.--In this section,
the term `eligible institution' means--
``(1) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))); or
``(2) a State cooperative institution.
``(b) Grants.--The Secretary may award competitive grants
to eligible institutions for the acquisition of special
purpose scientific research equipment for use in the food and
agricultural sciences programs of those institutions.
``(c) Maximum Amount.--The amount of a grant under
subsection (b) shall not exceed $500,000.
``(d) Prohibition on Charge of Indirect Costs.--The cost of
the acquisition or depreciation of equipment purchased with a
grant under this section shall not be--
``(1) charged as an indirect cost against another Federal
grant; or
``(2) included as part of the indirect cost pool for
purposes of calculating the indirect cost rate of an eligible
institution.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7108. AGRICULTURAL AND FOOD POLICY RESEARCH CENTERS.
Section 1419A(e) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155(e))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7109. EDUCATION GRANTS TO ALASKA NATIVE SERVING
INSTITUTIONS AND NATIVE HAWAIIAN SERVING
INSTITUTIONS.
Section 1419B of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3156) is
amended--
(1) in subsection (a)(3), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(3), by striking ``2018'' and
inserting ``2023''.
SEC. 7110. NEXT GENERATION AGRICULTURE TECHNOLOGY CHALLENGE.
Subtitle C of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151 et
seq.) is amended by adding at the end the following:
``SEC. 1419C. NEXT GENERATION AGRICULTURE TECHNOLOGY
CHALLENGE.
``(a) In General.--The Secretary shall establish a next
generation agriculture technology challenge competition to
provide an incentive for the development of innovative mobile
technology that removes barriers to entry in the marketplace
for beginning farmers and ranchers (as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a))).
``(b) Amount.--The Secretary may award not more than
$1,000,000 in the aggregate to 1 or more winners of the
competition under subsection (a).''.
SEC. 7111. NUTRITION EDUCATION PROGRAM.
Section 1425(f) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(f))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7112. AUTHORIZATION FOR APPROPRIATIONS FOR FEDERAL
AGRICULTURAL RESEARCH FACILITIES.
Section 1431 of the National Agricultural Research,
Extension, and Teaching Policy Act Amendments of 1985 (Public
Law 99-198; 99 Stat. 1556; 128 Stat. 900) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7113. CONTINUING ANIMAL HEALTH AND DISEASE RESEARCH
PROGRAMS.
Section 1433(c)(1) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3195(c)(1)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7114. EXTENSION AT 1890 LAND-GRANT COLLEGES, INCLUDING
TUSKEGEE UNIVERSITY; REPORT.
Section 1444 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221) is
amended--
(1) in subsection (a), by striking paragraph (4); and
(2) by adding at the end the following:
``(g) Report.--The Secretary shall annually submit to
Congress a report describing the allocations made to, and
matching funds received by--
``(1) eligible institutions under this section; and
``(2) institutions designated under the Act of July 2, 1862
(commonly known as the `First Morrill Act') (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.).''.
SEC. 7115. REPORT ON AGRICULTURAL RESEARCH AT 1890 LAND-GRANT
COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
Section 1445 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222) is
amended by adding at the end the following:
``(i) Report.--The Secretary shall annually submit to
Congress a report describing the allocations made to, and
matching funds received by--
``(1) eligible institutions under this section; and
``(2) institutions designated under the Act of July 2, 1862
(commonly known as the `First Morrill Act') (12 Stat. 503,
chapter 130; 7 U.S.C. 301 et seq.).''.
SEC. 7116. GRANTS TO UPGRADE AGRICULTURAL AND FOOD SCIENCES
FACILITIES AT 1890 LAND-GRANT COLLEGES,
INCLUDING TUSKEGEE UNIVERSITY.
Section 1447(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3222b(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7117. GRANTS TO UPGRADE AGRICULTURE AND FOOD SCIENCES
FACILITIES AND EQUIPMENT AT INSULAR AREA LAND-
GRANT INSTITUTIONS.
Section 1447B(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222b-
2(d)) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7118. NEW BEGINNING FOR TRIBAL STUDENTS.
Subtitle G of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3221 et
seq.) is amended by adding at the end the following:
``SEC. 1450. NEW BEGINNING FOR TRIBAL STUDENTS.
``(a) Definition of Tribal Student.--In this section, the
term `Tribal student' means a student at a land-grant college
or university that is a member of an Indian tribe (as defined
in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)).
``(b) New Beginning Initiative.--
``(1) Authorization.--The Secretary may make competitive
grants to land-grant colleges and universities to provide
identifiable support specifically targeted for Tribal
students.
``(2) Application.--A land-grant college or university that
desires to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
require.
``(3) Use of funds.--A land-grant college or university
that receives a grant under this section shall use the grant
funds to support Tribal students through--
``(A) recruiting;
``(B) tuition and related fees;
``(C) experiential learning; and
``(D) student services, including--
``(i) tutoring;
``(ii) counseling;
``(iii) academic advising; and
``(iv) other student services that would increase the
retention and graduation rate of Tribal students enrolled at
the land-grant college or university, as determined by the
Secretary.
``(4) Matching funds.--A land-grant college or university
that receives a grant under this section shall provide
matching funds toward the cost of carrying out the activities
described in this section in an amount equal to not less than
100 percent of the grant award.
``(5) Maximum amount per state.--No State shall receive,
through grants made under this section to land-grant colleges
and universities located in the State, more than $500,000 per
year.
``(c) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry and the
Committee on Indian Affairs of the Senate a report that
includes an itemized list of grant funds distributed under
this section, including the specific form of assistance, and
the number of Tribal students assisted and the graduation
rate of Tribal students at land-grant colleges and
universities receiving grants under this section.
``(d) Authorization of Appropriation.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7119. HISPANIC-SERVING INSTITUTIONS.
Section 1455(c) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3241(c))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7120. BINATIONAL AGRICULTURAL RESEARCH AND DEVELOPMENT.
Section 1458(e) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3291(e))
is amended--
(1) in the subsection heading, by striking ``Full Payment
of Funds Made Available for Certain'' and inserting
``Certain'' ;
(2) by striking ``Notwithstanding'' and inserting the
following:
``(1) Full payment of funds.--Notwithstanding'';
(3) in paragraph (1) (as so designated)--
(A) by striking ``Israel-United States'' and inserting
``United States-Israel''; and
(B) by inserting ``(referred to in this subsection as the
`BARD Fund')'' after ``Development Fund''; and
(4) by adding at the end the following:
``(2) Activities.--Activities under the BARD Fund to
promote and support agricultural research and development
that are of mutual benefit to the United States and Israel
shall--
``(A) be carried out by the Secretary in a manner
consistent with this section;
[[Page S4582]]
``(B) accelerate the demonstration, development, and
application of agricultural solutions resulting from or
relating to BARD Fund programs, including BARD Fund-sponsored
research and innovations in drip irrigation, pesticides,
aquaculture, livestock, poultry, disease control, and farm
equipment; and
``(C) encourage research carried out by governmental,
nongovernmental, and private entities, including through
collaboration with colleges and universities, research
institutions, and the private sector.''.
SEC. 7121. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.
The National Agricultural Research, Extension, and Teaching
Policy Act of 1977 is amended by inserting after section 1458
(7 U.S.C. 3291) the following:
``SEC. 1458A. PARTNERSHIPS TO BUILD CAPACITY IN INTERNATIONAL
AGRICULTURAL RESEARCH, EXTENSION, AND TEACHING.
``(a) Purpose.--The purpose of this section is to build the
capacity, and improve the performance, of covered
Institutions and agricultural higher education institutions
in lower and middle income countries performing, or desiring
to perform, activities substantially similar to agricultural
research, extension, and teaching activities (referred to in
this section as `agricultural higher education institutions
in developing countries') in order to solve food, health,
nutrition, rural income, and environmental challenges,
especially among chronically food insecure populations,
including by--
``(1) promoting partnerships between covered Institutions
and agricultural higher education institutions in developing
countries; and
``(2) leveraging the capacity of covered Institutions to
partner with agricultural higher education institutions in
developing countries.
``(b) Definitions.--In this section:
``(1) 1862 institution; 1890 institution; 1994
institution.--The terms `1862 Institution', `1890
Institution', and `1994 Institution' have the meanings given
the terms in section 2 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7601).
``(2) Covered institution.--The term `covered Institution'
means--
``(A) an 1862 Institution;
``(B) an 1890 Institution;
``(C) a 1994 Institution;
``(D) an NLGCA Institution;
``(E) an Hispanic-serving agricultural college or
university; and
``(F) a cooperating forestry school.
``(c) Authority of the Secretary.--To carry out the purpose
of this section, the Secretary may promote cooperation and
coordination between covered Institutions and agricultural
higher education institutions in developing countries
through--
``(1) improving extension by--
``(A) encouraging the exchange of research materials and
results between covered Institutions and agricultural higher
education institutions in developing countries;
``(B) facilitating the broad dissemination of agricultural
research through extension; and
``(C) assisting with efforts to plan and initiate extension
services in lower and middle income countries;
``(2) improving agricultural research by--
``(A) in partnership with agricultural higher education
institutions in developing countries, encouraging research
that addresses problems affecting food production and
security, human nutrition, agriculture, forestry, livestock,
and fisheries, including local challenges; and
``(B) supporting and strengthening national agricultural
research systems in lower and middle income countries;
``(3) supporting the participation of covered Institutions
in programs of international organizations, such as the
United Nations, the World Bank, regional development banks,
and international agricultural research centers;
``(4) improving agricultural teaching and education by--
``(A) in partnership with agricultural higher education
institutions in developing countries, supporting education
and teaching relating to food and agricultural sciences,
including technical assistance, degree training, research
collaborations, classroom instruction, workforce training,
and education programs; and
``(B) assisting with efforts to increase student capacity,
including to encourage equitable access for women and other
underserved populations, at agricultural higher education
institutions in developing countries by promoting
partnerships with, and improving the capacity of, covered
Institutions;
``(5) assisting covered Institutions in strengthening their
capacity for food, agricultural, and related research,
extension, and teaching programs relevant to agricultural
development activities in lower and middle income countries
to promote the application of new technology to improve
education delivery;
``(6) providing support for the internationalization of
resident instruction programs of covered Institutions;
``(7) establishing a program, to be coordinated by the
Director of the National Institute of Food and Agriculture
and the Administrator of the Foreign Agricultural Service, to
place interns from covered Institutions in, or in service to
benefit, lower and middle income countries; and
``(8) establishing a program to provide fellowships to
students at covered Institutions to study at foreign
agricultural colleges and universities.
``(d) Enhancing Linkages.--The Secretary shall enhance the
linkages among covered Institutions, the Federal Government,
international research centers, counterpart research,
extension, and teaching agencies and institutions in
developed countries and developing countries--
``(1) to carry out the purpose described in subsection (a);
and
``(2) to make a substantial contribution to the cause of
improved food and agricultural progress throughout the world.
``(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7122. COMPETITIVE GRANTS FOR INTERNATIONAL AGRICULTURAL
SCIENCE AND EDUCATION PROGRAMS.
Section 1459A(c)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3292b(c)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7123. UNIVERSITY RESEARCH.
Section 1463 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3311) is
amended by striking ``2018'' each place it appears in
subsections (a) and (b) and inserting ``2023''.
SEC. 7124. EXTENSION SERVICE.
Section 1464 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3312) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7125. SUPPLEMENTAL AND ALTERNATIVE CROPS; HEMP.
Section 1473D of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d)
is amended--
(1) in subsection (a)--
(A) by striking ``2018'' and inserting ``2023''; and
(B) by striking ``crops,'' and inserting ``crops (including
canola),'';
(2) in subsection (b)--
(A) by inserting ``for agronomic rotational purposes and as
a habitat for honey bees and other pollinators'' after
``alternative crops''; and
(B) by striking ``commodities whose'' and all that follows
through the period at the end and inserting ``commodities.'';
(3) in subsection (c)(3)(E), by inserting ``(including hemp
(as defined in section 297A of the Agricultural Marketing Act
of 1946))'' after ``material''; and
(4) in subsection (e)(2), by striking ``2018'' and
inserting ``2023''.
SEC. 7126. NEW ERA RURAL TECHNOLOGY PROGRAM.
Section 1473E of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319e)
is amended--
(1) in subsection (b)(1)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) precision agriculture.''; and
(2) in subsection (d), by striking ``2008 through 2012''
and inserting ``2019 through 2023''.
SEC. 7127. CAPACITY BUILDING GRANTS FOR NLGCA INSTITUTIONS.
Section 1473F(b) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3319i(b)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7128. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY PILOT.
Subtitle K of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310 et
seq.) is amended by adding at the end the following:
``SEC. 1473H. AGRICULTURE ADVANCED RESEARCH AND DEVELOPMENT
AUTHORITY PILOT.
``(a) Purpose.--The purpose of this section is to promote
advanced research and development through a pilot program
targeting high-priority research needs for qualified products
and projects, agricultural technologies, and research tools.
``(b) Definitions.--In this section:
``(1) Advanced research and development.--The term
`advanced research and development' means research and
development activities used to overcome long-term and high-
risk research challenges in agriculture and food through--
``(A) targeted acceleration of novel, early stage
innovative agricultural research with promising technology
applications and products; or
``(B) development of qualified products and projects,
agricultural technologies, or innovative research tools,
which may include--
``(i) prototype testing, preclinical development, or field
experimental use;
``(ii) assessing and assisting with product approval,
clearance, or need for a license under--
``(I) the Animal Health Protection Act (7 U.S.C. 8301 et
seq.);
``(II) the Plant Protection Act (7 U.S.C. 7701 et seq.); or
``(III) other applicable law; or
``(iii) manufacturing and commercialization of a product.
[[Page S4583]]
``(2) AGARDA.--The term `AGARDA' means the Agriculture
Advanced Research and Development Authority established by
subsection (c)(1).
``(3) Agricultural technology.--The term `agricultural
technology' means machinery and other equipment engineered
for an applicable and novel use in agriculture, natural
resources, and food relating to the research and development
of qualified products and projects.
``(4) Director.--The term `Director' means the Director of
the AGARDA.
``(5) Fund.--The term `Fund' means the Agriculture Advanced
Research and Development Fund established by subsection
(e)(1).
``(6) Other transaction.--
``(A) In general.--The term `other transaction' means a
transaction other than a procurement contract, grant, or
cooperative agreement.
``(B) Inclusion.--The term `other transaction' includes a
transaction described in subsection (c)(6)(A).
``(7) Person.--The term `person' means--
``(A) an individual;
``(B) a partnership;
``(C) a corporation;
``(D) an association;
``(E) an entity;
``(F) a public or private corporation;
``(G) a Federal, State, or local government agency or
department; and
``(H) an institution of higher education, including a land-
grant college or university and a non-land-grant college of
agriculture.
``(8) Qualified product or project.--The term `qualified
product or project' means advanced research and development
of--
``(A) engineering, mechanization, or technology
improvements that will address challenges relating to
growing, harvesting, handling, processing, storing, packing,
and distribution of agricultural products;
``(B) plant disease or plant pest recovery countermeasures
to intentional or unintentional biological or natural
threats, including--
``(i) replacement or resistant plant cultivars or
varieties;
``(ii) other enhanced management strategies, including
novel chemical, biological, or cultural approaches; or
``(iii) diagnostic or surveillance technology; and
``(C) veterinary countermeasures to intentional or
unintentional biological threats (including naturally
occurring threats), including--
``(i) animal vaccine or therapeutic products (including
anti-infective products); or
``(ii) diagnostic or surveillance technology.
``(9) Research tool.--The term `research tool' means a
device, technology, procedure, biological material, reagent,
computer system, computer software, or analytical technique
that is developed to assist in the discovery, development, or
manufacture of a qualified product or project.
``(c) Agriculture Advanced Research and Development
Authority.--
``(1) Establishment.--There is established within the
Department of Agriculture the Agriculture Advanced Research
and Development Authority to address long-term and high-risk
challenges in the development of--
``(A) qualified products and projects;
``(B) agricultural technologies; and
``(C) research tools.
``(2) Goals.--The goals of the AGARDA are--
``(A) to enhance the economic viability, security, and
sustainability of agriculture to ensure that the United
States is competitive and maintains a technological lead
globally;
``(B) to develop and deploy advanced solutions to prevent,
prepare, and protect against unintentional and intentional
threats to agriculture and food in the United States;
``(C) to overcome the long-term and high-risk technological
barriers in the development of agricultural technologies that
enhance export competitiveness, environmental sustainability,
and resilience to extreme weather; and
``(D) to ensure that the United States maintains a
technological lead in developing and deploying advanced
agricultural technologies that increase economic
opportunities for farmers, ranchers, and rural communities.
``(3) Leadership.--
``(A) In general.--The AGARDA shall be a component of the
Office of the Chief Scientist.
``(B) Director.--
``(i) In general.--The AGARDA shall be headed by a
Director, who shall be appointed by the Chief Scientist.
``(ii) Qualifications.--The Director shall be an individual
who, by reason of professional background and experience, is
especially qualified to advise the Chief Scientist on, and
manage research programs addressing, matters pertaining to--
``(I) advanced research and development;
``(II) qualified products and projects;
``(III) agricultural technologies;
``(IV) research tools; and
``(V) long-term and high-risk challenges relating to the
matters described in subclauses (I) through (IV).
``(iii) Relationship within the department of
agriculture.--The Director shall report to the Chief
Scientist.
``(4) Duties.--To achieve the goals described in paragraph
(2), the Secretary, acting through the Director, shall
accelerate advanced research and development by--
``(A) identifying and promoting revolutionary advances in
fundamental sciences;
``(B) translating scientific discoveries and cutting-edge
inventions into technological innovations;
``(C) incubating and accelerating transformational advances
in areas in which industry by itself is not likely to
undertake advanced research and development because of the
high-risk technological or financial uncertainty;
``(D) collaborating with Federal agencies, relevant
industries, academia, international agencies, the Foundation
for Food and Agriculture Research, and other persons to carry
out the goals described in paragraph (2), including
convening, at a minimum, annual meetings or working groups to
demonstrate the operation and effectiveness of advanced
research and development of qualified products and projects,
agricultural technologies, and research tools;
``(E) conducting ongoing searches for, and support calls
for, potential advanced research and development of
agricultural technologies, qualified products and projects,
and research tools;
``(F) awarding grants and entering into contracts,
cooperative agreements, or other transactions under paragraph
(6) for advanced research and development of agricultural
technology, qualified products and projects, and research
tools;
``(G) establishing issue-based multidisciplinary discovery
teams to reduce the time and cost of solving specific
problems that--
``(i) are composed of representatives from Federal and
State agencies, professional groups, academia, and industry;
``(ii) seek novel and effective solutions; and
``(iii) encourage data sharing and translation of research
to field use; and
``(H) connecting interested persons with offices or
employees authorized by the Secretary to advise those persons
regarding requirements under relevant laws that impact the
development, commercialization, and technology transfer of
qualified products and projects, agricultural technologies,
and research tools.
``(5) Priority.--In awarding grants and entering into
contracts, cooperative agreements, or other transactions
under paragraph (4)(F), the Secretary shall give priority to
projects that accelerate the advanced research and
development of--
``(A) new technologies to address critical research needs
for specialty crops; and
``(B) qualified products and projects that prevent,
protect, and prepare against intentional and unintentional
threats to agriculture and food.
``(6) Other transaction authorities.--
``(A) In general.--In carrying out the pilot program under
this section, the Secretary shall have the authority to enter
into other transactions in the same manner and subject to the
same terms and conditions as transactions that the Secretary
of Defense may enter into under section 2371 of title 10,
United States Code.
``(B) Scope.--The authority of the Secretary to enter into
contracts, cooperative agreements, and other transactions
under this subsection shall be in addition to the authorities
under this Act and title I of the Department of Agriculture
and Related Agencies Appropriation Act, 1964 (7 U.S.C.
3318a), to use contracts, cooperative agreements, and grants
in carrying out the pilot program under this section.
``(C) Guidelines.--The Secretary shall establish guidelines
regarding the use of the authority under subparagraph (A).
``(D) Technology transfer.--In entering into other
transactions, the Secretary may negotiate terms for
technology transfer in the same manner as a Federal
laboratory under paragraphs (1) through (4) of section 12(b)
of the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3710a(b)).
``(7) Availability of data.--
``(A) In general.--The Secretary shall require that, as a
condition of being awarded a contract or grant or entering
into a cooperative agreement or other transaction under
paragraph (4)(F), a person shall make available to the
Secretary on an ongoing basis, and submit to the Secretary on
request of the Secretary, all data relating to or resulting
from the activities carried out by the person pursuant to
this section.
``(B) Exemption from disclosure.--
``(i) In general.--This subparagraph shall be considered a
statute described in section 552(b)(3)(B) of title 5, United
States Code.
``(ii) Exemption.--The following information shall be
exempt from disclosure and withheld from the public:
``(I) Specific technical data or scientific information
that is created or obtained under this section that reveals
significant and not otherwise publicly known vulnerabilities
of existing agriculture and food defenses against biological,
chemical, nuclear, or radiological threats.
``(II) Trade secrets or commercial or financial information
that is privileged or confidential (within the meaning of
section 552(b)(4) of title 5, United States Code) and
obtained in the conduct of research or as a result of
activities under this section from a non-Federal party
participating in a contract, grant, cooperative agreement, or
other transaction under this section.
``(iii) Review.--Information that results from research and
development activities conducted under this section and that
would be a trade secret or commercial or financial
information that is privileged or confidential if the
information had been obtained from a non-Federal party
participating in a cooperative agreement or other transaction
shall
[[Page S4584]]
be withheld from disclosure under clause (ii) for 5 years.
``(8) Milestone-based payments allowed.--In awarding
contracts and grants and entering into cooperative agreements
or other transactions under paragraph (4)(F), the Secretary
may--
``(A) use milestone-based awards and payments; and
``(B) terminate a project for not meeting technical
milestones.
``(9) Use of existing personnel authorities.--In carrying
out this subsection, the Secretary may appoint highly
qualified individuals to scientific or professional positions
on the same terms and conditions as provided in section
620(b)(4) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7657(b)(4)).
``(10) Report and evaluation.--
``(A) Report.--The Secretary shall submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate an annual report examining the actions undertaken and
results generated by the AGARDA.
``(B) Evaluation.--After the date on which the AGARDA has
been in operation for 3 years, the Comptroller General of the
United States shall conduct an evaluation--
``(i) to be completed and submitted to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate not
later than 1 year after the date on which the Comptroller
General began conducting the evaluation;
``(ii) describing the extent to which the AGARDA is
achieving the goals described in paragraph (2); and
``(iii) including a recommendation on whether the AGARDA
should be continued, terminated, or expanded.
``(d) Strategic Plan.--
``(1) In general.--Not later than 360 days after the date
of enactment of this section, the Secretary shall develop and
make publically available a strategic plan describing the
strategic vision that the AGARDA shall use--
``(A) to make determinations for future investments during
the period of effectiveness of this section; and
``(B) to achieve the goals described in subsection (c)(2).
``(2) Dissemination.--The Secretary shall carry out such
activities as the Secretary determines to be appropriate to
disseminate the information contained in the strategic plan
under paragraph (1) to persons who may have the capacity to
substantially contribute to the activities described in that
strategic plan.
``(3) Coordination; consultation.--The Secretary shall--
``(A) update and coordinate the strategic coordination plan
under section 221(d)(7) of the Department of Agriculture
Reorganization Act of 1994 with the strategic plan developed
under paragraph (1) for activities relating to agriculture
and food defense countermeasure development and procurement;
and
``(B) in developing the strategic plan under paragraph (1),
consult with--
``(i) the National Agricultural Research, Extension,
Education, and Economics Advisory Board established under
section 1408(a);
``(ii) the specialty crops committee established under
section 1408A(a)(1);
``(iii) relevant agriculture research agencies of the
Federal Government;
``(iv) the National Academies of Sciences, Engineering, and
Medicine;
``(v) the National Veterinary Stockpile Intra-Government
Advisory Committee for Strategic Steering; and
``(vi) other appropriate parties, as determined by the
Secretary.
``(e) Funds.--
``(1) Establishment.--There is established in the Treasury
the Agriculture Advanced Research and Development Fund, which
shall be administered by the Secretary, acting through the
Director--
``(A) for the purpose of carrying out this section; and
``(B) in the same manner and subject to the same terms and
conditions as are applicable to the Secretary of Defense
under section 2371 of title 10, United States Code.
``(2) Deposits into fund.--
``(A) In general.--The Secretary, acting through the
Director, may accept and deposit into the Fund monies
received pursuant to cost recovery or contribution under a
contract, grant, cooperative agreement, or other transaction
under this section.
``(B) Clarification.--Nothing in this paragraph authorizes
the use of the funds of the Commodity Credit Corporation to
carry out this section.
``(3) Funding.--In addition to funds otherwise deposited in
the Fund under paragraph (1) or (2), there is authorized to
be appropriated to the Fund $50,000,000 for each of fiscal
years 2019 through 2023, to remain available until expended.
``(f) Termination of Effectiveness.--The authority provided
by this section terminates effective September 30, 2023.''.
SEC. 7129. AQUACULTURE ASSISTANCE PROGRAMS.
Section 1477(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3324(a)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7130. REPEAL OF RANGELAND RESEARCH PROGRAMS.
Subtitle M of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3331 et
seq.) is repealed.
SEC. 7131. SPECIAL AUTHORIZATION FOR BIOSECURITY PLANNING AND
RESPONSE.
Section 1484(a)(2) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3351(a)(2)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7132. DISTANCE EDUCATION AND RESIDENT INSTRUCTION GRANTS
PROGRAM FOR INSULAR AREA INSTITUTIONS OF HIGHER
EDUCATION.
(a) Distance Education Grants for Insular Areas.--Section
1490(f)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3362(f)(2)) is
amended by striking ``2018'' and inserting ``2023''.
(b) Resident Instruction Grants for Insular Areas.--Section
1491(c)(2) of the National Agricultural Research, Extension,
and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7133. LIMITATION ON DESIGNATION OF ENTITIES ELIGIBLE TO
RECEIVE FUNDS UNDER A CAPACITY PROGRAM.
Subtitle P of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3371 et
seq.) is amended by adding at the end the following:
``SEC. 1493. LIMITATION ON DESIGNATION OF ENTITIES ELIGIBLE
TO RECEIVE FUNDS UNDER A CAPACITY PROGRAM.
``(a) Definition of Capacity Program.--In this section, the
term `capacity program' means each of the following
agricultural research, extension, education, and related
programs:
``(1) The programs for which funds are made available under
subsections (b) and (c) of section 3 of the Smith-Lever Act
(7 U.S.C. 343).
``(2) The program for which funds are made available under
the Hatch Act of 1887 (7 U.S.C. 361a et seq.).
``(3) The program for which funds are made available under
section 1444.
``(4) The program for which funds are made available under
section 1445.
``(5) The grant program authorized under section 1447.
``(6) The program for which funds are made available under
Public Law 87-788 (commonly known as the `McIntire-Stennis
Cooperative Forestry Act') (16 U.S.C. 582a et seq.).
``(7) Any other agricultural research, extension, or
education program relating to capacity and infrastructure, as
determined by the Secretary.
``(b) Limitation.--
``(1) In general.--Except as provided under paragraph (2),
and notwithstanding any other provision of law, no additional
entity designated after the date of enactment of this section
shall be eligible to receive funds under a capacity program.
``(2) Exceptions.--
``(A) 1994 institutions.--Paragraph (1) shall not apply in
the case of a designation of a 1994 Institution under section
2 of Public Law 87-788 (commonly known as the ``McIntire-
Stennis Cooperative Forestry Act'') (16 U.S.C. 582a-1).
``(B) Extraordinary circumstances.--In the case of
extraordinary circumstances or a situation that would lead to
an inequitable result, as determined by the Secretary, the
Secretary may determine that an entity designated after the
date of enactment of this section is eligible to receive
funds under a capacity program.
``(c) No Increase in State Funding.--No State shall receive
an increase in the amount of capacity program funding as a
result of the designation of additional entities as eligible
to receive funds under a capacity program.''.
SEC. 7134. SCHOLARSHIP PROGRAM FOR STUDENTS ATTENDING 1890
INSTITUTIONS.
(a) Findings.--Congress finds the following:
(1) The Act of August 30, 1890 (commonly known as the
``Second Morrill Act'') (26 Stat. 417, chapter 841; 7 U.S.C.
321 et seq.), brought about the establishment of the
following 19 public, African-American land-grant colleges and
universities:
(A) Alabama A&M University.
(B) Alcorn State University.
(C) Central State University.
(D) Delaware State University.
(E) Florida A&M University.
(F) Fort Valley State University.
(G) Kentucky State University.
(H) Langston University.
(I) Lincoln University.
(J) North Carolina A&T State University.
(K) Prairie View A&M University.
(L) South Carolina State University.
(M) Southern University System.
(N) Tennessee State University.
(O) Tuskegee University.
(P) University of Arkansas Pine Bluff.
(Q) University of Maryland Eastern Shore.
(R) Virginia State University.
(S) West Virginia State University.
(2) Funding for agricultural education, research, and
extension at the colleges and universities described in
paragraph (1) is authorized to be appropriated to the
Department of Agriculture with each farm bill, which is
enacted approximately every 5 years.
(3) The Agricultural Act of 2014 (Public Law 113-79; 128
Stat. 649) authorizes the appropriation of Federal funds for
research, education, and extension activities at the
[[Page S4585]]
colleges and universities described in paragraph (1) and the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2016 (Public Law
114-113; 129 Stat. 2245) appropriated $19,000,000 for
education grants for the colleges and universities described
in paragraph (1).
(4) There is a great need to increase the number of young
African-Americans seeking careers in the food and
agricultural sciences (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)), including agribusiness,
food production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming
marketing, finance, and distribution.
(5) Scholarship funding provided to increase the number of
young African-American individuals seeking a career in the
food and agricultural sciences shall be provided with the
caveat that those scholarship students shall commit to pursue
a career in the food and agricultural sciences, including
agribusiness, food production, distribution, and retailing,
the clothing industries, energy and renewable fuels, and
farming marketing, finance, and distribution.
(6) The average age of farmers and producers in the United
States is 60 years of age and continues to rise.
(7) Beginning farmers and ranchers (as defined in section
7405 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 3319f)) need greater assistance in the financing of
their education because of the increased startup costs
associated with farming, such as the purchase of land and
farming equipment.
(b) Purposes.--The purposes of this section and the
amendment made by this section are--
(1) to address the national crisis posed by the aging
farmer and producer population in the United States;
(2) to increase the number of young African-American
individuals seeking a career in the food and agricultural
sciences (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)), including careers in agribusiness,
food production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming
marketing, finance, and distribution;
(3) to reduce the average age of farmers and producers in
the United States;
(4) to provide greater assistance to beginning farmers and
ranchers (as defined in section 7405 of Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f)); and
(5) to provide scholarships to 1890 land-grant students
seeking careers in the food and agricultural sciences.
(c) Scholarship Program for Students Attending 1890-
institutions.--Subtitle G of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3221 et seq.) (as amended by section 7118) is amended
by adding at the end the following:
``SEC. 1451. SCHOLARSHIPS FOR STUDENTS AT 1890 LAND-GRANT
COLLEGES, INCLUDING TUSKEGEE UNIVERSITY.
``(a) In General.--The Secretary shall establish a grant
program under which the Secretary shall award a grant to each
1890 Institution (as defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601)) (referred to in this section as an `eligible
institution'), to award scholarships to individuals who--
``(1) seek to attend the eligible institution; and
``(2) intend to pursue a career in the food and
agricultural sciences, including a career in agribusiness,
food production, distribution, and retailing, the clothing
industries, energy and renewable fuels, and farming
marketing, finance, and distribution.
``(b) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $19,000,000 for
each of fiscal years 2019 through 2023.
``(2) Allocation.--Of the funds made available under
paragraph (1) for a fiscal year, the Secretary shall allocate
to each eligible institution $1,000,000.''.
Subtitle B--Food, Agriculture, Conservation, and Trade Act of 1990
SEC. 7201. BEST UTILIZATION OF BIOLOGICAL APPLICATIONS.
Section 1624 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5814) is amended in the first
sentence by striking ``2018'' and inserting ``2023''.
SEC. 7202. INTEGRATED MANAGEMENT SYSTEMS.
Section 1627(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5821(d)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7203. SUSTAINABLE AGRICULTURE TECHNOLOGY DEVELOPMENT AND
TRANSFER PROGRAM.
Section 1628(f)(2) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5831(f)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7204. NATIONAL TRAINING PROGRAM.
Section 1629(i) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5832(i)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7205. NATIONAL STRATEGIC GERMPLASM AND CULTIVAR
COLLECTION ASSESSMENT AND UTILIZATION PLAN.
(a) In General.--Section 1632(d) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5841(d)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) by redesignating paragraph (6) as paragraph (7); and
(3) by inserting after paragraph (5) the following:
``(6) develop and implement a national strategic germplasm
and cultivar collection assessment and utilization plan that
takes into consideration the resources and research necessary
to address the significant backlog of characterization and
maintenance of existing accessions considered to be critical
to preserve the viability of, and public access to, germplasm
and cultivars; and''.
(b) Plan Publication.--Section 1633 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5842) is amended by adding at the end the following:
``(f) Plan Publication.--On completion of the development
of the plan described in section 1632(d)(6), the Secretary
shall make the plan available to the public.''.
SEC. 7206. NATIONAL GENETICS RESOURCES PROGRAM.
(a) Advisory Council.--Section 1634 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5843) is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary'';
(B) in the second sentence of paragraph (1) (as so
designated), by striking ``The advisory'' and inserting the
following:
``(2) Membership.--The advisory'';
(C) in paragraph (2) (as so designated), by striking
``nine'' and inserting ``13''; and
(D) by adding at the end the following:
``(3) Recommendations.--
``(A) In general.--In making recommendations under
paragraph (1), the advisory council shall include
recommendations on--
``(i) the state of public cultivar development, including--
``(I) an analysis of existing cultivar research
investments;
``(II) the research gaps relating to the development of
cultivars across a diverse range of crops; and
``(III) an assessment of the state of commercialization of
federally funded cultivars;
``(ii) the training and resources needed to meet future
breeding challenges;
``(iii) the appropriate levels of Federal funding for
cultivar development for underserved crops and geographic
areas; and
``(iv) the development of the plan described in section
1632(d)(6).''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Two-thirds'' and inserting ``6''; and
(ii) by inserting ``economics and policy,'' after
``agricultural sciences,'';
(B) in paragraph (2)--
(i) by striking ``One-third'' and inserting ``3''; and
(ii) by inserting ``community development,'' after ``public
policy,''; and
(C) by adding at the end the following:
``(3) 4 of the members shall be appointed from among
individuals with expertise in public cultivar and animal
breed development.
``(4) 4 of the members shall be appointed from among
individuals representing--
``(A) 1862 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(B) 1890 Institutions (as defined in section 2 of the
Agricultural Research, Extension, and Education Reform Act of
1998 (7 U.S.C. 7601));
``(C) eligible institutions (as defined in section 502(a)
of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))); or
``(D) 1994 Institutions (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382)).''.
(b) Authorization of Appropriations.--Section 1635(b)(2) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5844(b)(2)) is amended by striking ``2018'' and
inserting ``2023''.
SEC. 7207. NATIONAL AGRICULTURAL WEATHER INFORMATION SYSTEM.
Section 1641(c) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5855(c)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7208. AGRICULTURAL GENOME TO PHENOME INITIATIVE.
Section 1671 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5924) is amended--
(1) in the section heading, by inserting ``to phenome''
after ``genome'';
(2) by striking subsection (a) and inserting the following:
``(a) Goals.--The goals of this section are--
``(1) to expand knowledge concerning genomes and phenomes
of crops and animals of importance to the agriculture sector
of the United States;
``(2) to understand how variable weather, environments, and
production systems impact the growth and productivity of
specific varieties of crops and species of animals in order
to provide greater accuracy in predicting crop and animal
performance under variable conditions;
``(3) to support research that leverages plant and animal
genomic information with phenotypic and environmental data
through an interdisciplinary framework, leading to a novel
understanding of plant and animal
[[Page S4586]]
processes that affect growth, productivity, and the ability
to predict performance, which will result in the deployment
of superior varieties and species to producers and improved
crop and animal management recommendations for farmers and
ranchers;
``(4) to catalyze and coordinate research that links
genomics and predictive phenomics at different sites across
the United States to achieve advances in crops and animals
that generate societal benefits;
``(5) to combine fields such as genetics, genomics, plant
physiology, agronomy, climatology, and crop modeling with
computation and informatics, statistics, and engineering;
``(6) to combine fields such as genetics, genomics, animal
physiology, meat science, animal nutrition, and veterinary
science with computation and informatics, statistics, and
engineering;
``(7) to focus on crops and animals that will yield
scientifically important results that will enhance the
usefulness of many other crops and animals;
``(8) to build on genomic research, such as the Plant
Genome Research Project and the National Animal Genome
Research Program, to understand gene function in production
environments that is expected to have considerable returns
for crops and animals of importance to the agriculture of the
United States;
``(9) to develop improved data analytics to enhance
understanding of the biological function of genes;
``(10) to allow resources developed under this section,
including data, software, germplasm, and other biological
materials, to be openly accessible to all persons, subject to
any confidentiality requirements imposed by law; and
``(11) to encourage international partnerships with each
partner country responsible for financing its own
research.'';
(3) by striking subsection (b) and inserting the following:
``(b) Duties of Secretary.--The Secretary of Agriculture
(referred to in this section as the `Secretary') shall
conduct a research initiative, to be known as the
`Agricultural Genome to Phenome Initiative', for the purpose
of--
``(1) studying agriculturally significant crops and animals
in production environments to achieve sustainable and secure
agricultural production;
``(2) ensuring that current gaps in existing knowledge of
agricultural crop and animal genetics and phenomics are
filled;
``(3) identifying and developing a functional understanding
of relevant genes from animals and agronomically relevant
genes from crops that are of importance to the agriculture
sector of the United States;
``(4) ensuring future genetic improvement of crops and
animals of importance to the agriculture sector of the United
States;
``(5) studying the relevance of diverse germplasm as a
source of unique genes that may be of importance in the
future;
``(6) enhancing genetics to reduce the economic impact of
pathogens on crops and animals of importance to the
agriculture sector of the United States;
``(7) disseminating findings to relevant audiences; and
``(8) otherwise carrying out this section.'';
(4) in subsection (c)(1), by inserting ``, acting through
the National Institute of Food and Agriculture,'' after ``The
Secretary'';
(5) in subsection (e), by inserting ``to Phenome'' after
``Genome''; and
(6) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $30,000,000 for
each of fiscal years 2019 through 2023.''.
SEC. 7209. HIGH-PRIORITY RESEARCH AND EXTENSION INITIATIVES.
(a) High-priority Research and Extension Areas.--Section
1672(d) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5925(d)) is amended by adding at the end
the following:
``(11) National turfgrass research initiative.--Research
and extension grants may be made under this section for the
purposes of--
``(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
development of improved technologies for managing commercial,
residential, and recreational turf areas;
``(E) producing grasses that aid in mitigating soil
erosion, protect against pollutant runoff into waterways, and
provide other environmental benefits;
``(F) investigating, preserving, and protecting native
plant species, including grasses not currently used in turf
systems;
``(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.
``(12) Nutrient management.--Research and extension grants
may be made under this section for the purposes of examining
nutrient management based on the source, rate, timing, and
placement of crop nutrients.
``(13) Macadamia tree health initiative.--Research and
extension grants may be made under this section for the
purposes of--
``(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 (Eriococcus
ironsidei).
``(14) Chronic wasting disease.--Research and extension
grants may be made under this section for the purposes of
supporting research projects at land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) with established deer research programs
for the purposes of treating, mitigating, or eliminating
chronic wasting disease in free-ranging white-tailed deer
populations.''.
(b) Pulse Crop Health Initiative.--Section 1672(e)(5) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925(e)(5)) is amended by striking ``2018'' and
inserting ``2023''.
(c) Training Coordination for Food and Agriculture
Protection.--Section 1672(f)(5) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925(f)(5)) is
amended by striking ``2018'' and inserting ``2023''.
(d) Pollinator Protection.--Section 1672(g) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
5925(g)) is amended--
(1) in paragraphs (1)(B), (2)(B), and (3), by striking
``2018'' each place it appears and inserting ``2023'';
(2) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (7), respectively;
(3) by inserting after paragraph (3) the following:
``(4) Pollinator health task force.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary, in consultation with the Administrator of the
Environmental Protection Agency (referred to in this
paragraph as the `Administrator'), shall reconstitute the
Pollinator Health Task Force (referred to in this paragraph
as the `Task Force') to carry out the purposes described in
subparagraph (B).
``(B) Purposes.--The Task Force shall--
``(i) address issues relating to pollinator health and
disease, pollinator population decline, and Federal
pollinator protection activities; and
``(ii) ensure effective implementation of the 2015 National
Pollinator Health Strategy, as modified under subparagraph
(D)(i).
``(C) Composition.--
``(i) Co-chairs.--The Secretary and the Administrator shall
serve as co-chairs of the Task Force.
``(ii) Members.--
``(I) In general.--The Task Force shall be composed of not
less than 15 members, each of whom shall be appointed by the
Secretary, in consultation with the Administrator.
``(II) Members.--The members of the Task Force--
``(aa) shall include a qualified representative from each
of--
``(AA) the Department of State;
``(BB) the Department of Defense;
``(CC) the Department of the Interior;
``(DD) the Department of Housing and Urban Development;
``(EE) the Department of Transportation;
``(FF) the Department of Energy;
``(GG) the Department of Education;
``(HH) the Council on Environmental Quality;
``(II) the Domestic Policy Council;
``(JJ) the General Services Administration;
``(KK) the National Science Foundation;
``(LL) the National Security Council;
``(MM) the Office of Management and Budget;
``(NN) the Food and Drug Administration; and
``(OO) the Office of Science and Technology Policy; and
``(bb) may include--
``(AA) 1 or more qualified representatives from any other
Federal department, agency, or office, as determined by the
Secretary and the Administrator; and
``(BB) 1 or more nongovernmental individuals that possess
adequate scientific credentials to make meaningful
contributions to the activities of the Task Force, as
determined by the Secretary and the Administrator.
``(D) Duties.--The Task Force shall--
``(i) review and modify the 2015 National Pollinator Health
Strategy to reflect the evolving science on which it is
based;
``(ii) implement the 2015 National Pollinator Health
Strategy as modified under clause (i);
``(iii) ensure that Federal resources are used effectively
to improve pollinator habitat and health;
``(iv) engage in regular collaboration with the Department
of Agriculture, other governmental and institutional
entities, and private persons to leverage Federal funding to
create public-private partnerships that will achieve the
long-term improvement of pollinator habitat and health,
consistent with the 2016 Pollinator Partnership Action Plan;
and
``(v) not later than 180 days after the date of enactment
of the Agriculture Improvement Act of 2018, host a joint
summit of the
[[Page S4587]]
Department of Agriculture and the Environmental Protection
Agency on crop protection tools that examines--
``(I) the science relating to the impact of crop protection
tools on pollinators;
``(II) the techniques used to mitigate the impact of crop
protection tools; and
``(III) the gaps in research relating to crop protection
tools.
``(E) Annual report.--Not later than December 31 of each
year, the Task Force shall submit a report--
``(i) to--
``(I) the Secretary;
``(II) the Administrator;
``(III) the Committee on Agriculture of the House of
Representatives; and
``(IV) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(ii) that describes--
``(I) the work carried out by the Task Force under
subparagraph (D); and
``(II) the recommendations of the Task Force for the next
steps that should be taken to carry out the purposes
described in subparagraph (B).'';
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Enhanced coordination of honeybee and pollinator
research.--
``(A) In general.--The Chief Scientist shall coordinate
research, education, and economic activities in the
Department of Agriculture relating to native and managed
pollinator health.
``(B) Duties.--To carry out subparagraph (A), the Chief
Scientist shall--
``(i) assign an individual to serve in the Office of the
Chief Scientist as a Honeybee and Pollinator Research
Coordinator, who--
``(I) may be--
``(aa) an employee of the Department of Agriculture at the
time of appointment; and
``(bb) a detailee from the research, economics, and
education mission area; and
``(II) shall be responsible for leading the efforts of the
Chief Scientist in carrying out subparagraph (A);
``(ii) implement the pollinator health research efforts
described in the 2015 report of the Pollinator Health Task
Force entitled `Pollinator Research Action Plan';
``(iii) establish annual strategic priorities and goals for
the Department of Agriculture for native and managed
pollinator research;
``(iv) communicate those priorities and goals to each
agency in 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 needed and
conducted by the Department of Agriculture and relevant grant
recipients under programs administered by the Secretary on
native and managed pollinator health to ensure consistency
and reduce unintended duplication of effort.
``(C) Pollinator research.--
``(i) In general.--In coordinating research under
subparagraph (A), the Chief Scientist shall ensure that
research is conducted--
``(I) to evaluate the impact of horticultural and
agricultural pest management practices on native and managed
pollinator colonies in diverse agro-ecosystems;
``(II) to document pesticide residues--
``(aa) that are found in native and managed pollinator
colonies; and
``(bb) that are associated with typical commercial crop
pest management practices;
``(III) with respect to native and managed pollinator
colonies visiting crops for crop pollination or honey
production purposes, to document--
``(aa) the strength and health of those colonies;
``(bb) survival, growth, reproduction, and production of
those colonies;
``(cc) pests, pathogens, and viruses that affect those
colonies;
``(dd) environmental conditions of those colonies; and
``(ee) any other relevant information, as determined by the
Chief Scientist;
``(IV) to document best management practices and other
practices in place for managed pollinators and crop managers
with respect to healthy populations of managed pollinators;
``(V) to evaluate the effectiveness of--
``(aa) conservation practices that target the specific
needs of native and managed pollinator habitats; and
``(bb) incentives that allow for the expansion of native
and managed pollinator forage acreage;
``(VI) in the case of commercially managed pollinator
colonies, to continue gathering data on--
``(aa) annual colony losses;
``(bb) rising input costs associated with managing
colonies; and
``(cc) the overall economic value of commercially managed
pollinators to the food economy; and
``(VII) relating to any other aspect of native and managed
pollinators, as determined by the Chief Scientist, in
consultation with scientific experts.
``(ii) Public availability.--The Chief Scientist shall--
``(I) make publicly available the results of the research
described in clause (i); and
``(II) in the case of the research described in clause
(i)(VI), immediately publish any data or reports that were
previously produced by the Department of Agriculture but not
made publicly available.''; and
(5) in paragraph (7) (as so redesignated)--
(A) in the paragraph heading, by inserting ``and native and
managed pollinators'' after ``disorder''; and
(B) in subparagraph (C)--
(i) by striking ``regarding how'' and inserting the
following: ``regarding--
``(i) how'';
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
``(ii) the establishment of a sufficiently funded large-
scale multiyear field research project to evaluate the impact
of horticultural and agricultural pest management practices
on native and managed pollinator colonies in diverse agro-
ecosystems; and
``(iii) the development of crop-specific best management
practices that balance the needs of crop managers with the
health of native and managed pollinator colonies.''.
(e) Authorization of Appropriations.--Section 1672(h) of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5925(h)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7210. ORGANIC AGRICULTURE RESEARCH AND EXTENSION
INITIATIVE.
Section 1672B of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925b) is amended--
(1) in subsection (a)(7), by striking ``conservation'' and
inserting ``conservation, soil health,''; and
(2) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``and'' at the end;
(ii) in subparagraph (C), by striking the period at the end
and inserting a semicolon; and
(iii) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2019 and 2020;
``(E) $45,000,000 for fiscal year 2021; and
``(F) $50,000,000 for fiscal year 2022 and each fiscal year
thereafter.''; and
(B) in paragraph (2)--
(i) in the paragraph heading, by striking ``for fiscal
years 2014 through 2018''; and
(ii) by striking ``2018'' and inserting ``2023''.
SEC. 7211. FARM BUSINESS MANAGEMENT.
Section 1672D(d)(2) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (7 U.S.C. 5925f(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7212. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
(a) In General.--The Food, Agriculture, Conservation, and
Trade Act of 1990 is amended by inserting after section 1672D
(7 U.S.C. 5925f) the following:
``SEC. 1672E. URBAN, INDOOR, AND OTHER EMERGING AGRICULTURAL
PRODUCTION RESEARCH, EDUCATION, AND EXTENSION
INITIATIVE.
``(a) Competitive Research and Extension Grants
Authorized.--In consultation with the Urban Agriculture and
Innovative Production Advisory Committee established under
section 222(b) of the Department of Agriculture
Reorganization Act of 1994, the Secretary may make
competitive grants to support research, education, and
extension activities for the purposes of enhancing urban,
indoor, and other emerging agricultural production by--
``(1) facilitating the development of urban, indoor, and
other emerging agricultural production, harvesting,
transportation, aggregation, packaging, distribution, and
markets;
``(2) assessing and developing strategies to remediate
contaminated sites;
``(3) determining and developing the best production
management and integrated pest management practices;
``(4) assessing the impacts of shipping and transportation
on nutritional value;
``(5) identifying and promoting the horticultural, social,
and economic factors that contribute to successful urban,
indoor, and other emerging agricultural production;
``(6) analyzing the means by which new agricultural sites
are determined, including an evaluation of soil quality,
condition of a building, or local community needs;
``(7) exploring new and innovative technologies that
minimize energy, lighting systems, water, and other inputs
for increased food production;
``(8) examining building material efficiencies and
structural upgrades for the purpose of optimizing growth of
agricultural products;
``(9) studying and developing new crop varieties and
innovative agricultural products to connect to new markets;
or
``(10) 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 $4,000,000 for each of fiscal years 2019 through
2023, to remain available until expended.
``(2) Authorization of appropriations.--In addition to
amounts made available under
[[Page S4588]]
paragraph (1), there is authorized to be appropriated to
carry out this section $10,000,000 for each of fiscal years
2019 through 2023.''.
(b) Data Collection on Urban, Indoor, and Emerging
Agricultural Production.--
(1) In general.--Not later than 360 days after the date of
enactment of this Act, the Secretary shall conduct as a
follow-on study to the census of agriculture conducted in the
calendar year 2017 under section 2 of the Census of
Agriculture Act of 1997 (7 U.S.C. 2204g) a census of urban,
indoor, and other emerging agricultural production, including
information about--
(A) community gardens and farms located in urban areas,
suburbs, and urban clusters;
(B) rooftop farms, outdoor vertical production, and green
walls;
(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
(D) hydroponic, aeroponic, and aquaponic farm facilities;
and
(E) other innovations in agricultural production, as
determined by the Secretary.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $14,000,000
for the period of fiscal years 2019 through 2021.
SEC. 7213. CENTERS OF EXCELLENCE AT 1890 INSTITUTIONS.
Section 1673 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5926) is amended by adding at the
end the following:
``(d) Centers of Excellence at 1890s Institutions.--
``(1) Establishment.--The Secretary shall establish not
less than 3 centers of excellence, each led by an 1890
Institution (as defined in section 2 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7601)), to focus on 1 or more of the areas described
in paragraph (2).
``(2) Areas of focus.--
``(A) Student success and workforce development.--A center
of excellence established under paragraph (1) may engage in
activities to ensure that students have the skills and
education needed to work in agriculture and food industries,
agriculture science, technology, engineering, mathematics,
and related fields of study.
``(B) Nutrition, health, wellness, and quality of life.--A
center of excellence established under paragraph (1) may
carry out research, education, and extension programs that
increase access to healthy food, improve nutrition, mitigate
preventive disease, and develop strategies to assist limited
resource individuals in accessing health and nutrition
resources.
``(C) Farming systems, rural prosperity, and economic
sustainability.--A center of excellence established under
paragraph (1) may share best practices with farmers to
improve agricultural production, processing, and marketing,
reduce urban food deserts, examine new uses for traditional
and nontraditional crops, animals, and natural resources, and
continue activities carried out by the Center of Innovative
and Sustainable Small Farms, Ranches, and Forest Lands.
``(D) Global food security and defense.--A center of
excellence established under paragraph (1) may engage in
international partnerships that strengthen agricultural
development in developing countries, partner with
international researchers regarding new and emerging animal
and plant pests and diseases, engage in agricultural disaster
recovery, and continue activities carried out by the Center
for International Engagement.
``(E) Natural resources, energy, and environment.--A center
of excellence established under paragraph (1) may focus on
protecting and managing domestic natural resources for
current and future production of food and agricultural
products.
``(F) Emerging technologies.--A center of excellence
established under paragraph (1) may focus on the development
of emerging technologies to increase agricultural
productivity, enhance small farm economic viability, and
improve rural communities by developing genetic and sensor
technologies for food and agriculture and providing
technology training to farmers.
``(3) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, and
every year thereafter, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing--
``(A) the resources invested in the centers of excellence
established under paragraph (1); and
``(B) the work being done by those centers of excellence.
``(4) 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.''.
SEC. 7214. ASSISTIVE TECHNOLOGY PROGRAM FOR FARMERS WITH
DISABILITIES.
Section 1680(c)(1)(B) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)(B))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7215. NATIONAL RURAL INFORMATION CENTER CLEARINGHOUSE.
Section 2381(e) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking
``2018'' and inserting ``2023''.
Subtitle C--Agricultural Research, Extension, and Education Reform Act
of 1998
SEC. 7301. NATIONAL FOOD SAFETY TRAINING, EDUCATION,
EXTENSION, OUTREACH, AND TECHNICAL ASSISTANCE
PROGRAM.
Section 405(j) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7625(j)) is amended by
striking ``there are authorized'' and all that follows
through the period at the end and inserting ``there is
authorized to be appropriated $10,000,000 for each of fiscal
years 2019 through 2023.''.
SEC. 7302. INTEGRATED RESEARCH, EDUCATION, AND EXTENSION
COMPETITIVE GRANTS PROGRAM.
Section 406(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7626(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7303. SUPPORT FOR RESEARCH REGARDING DISEASES OF WHEAT,
TRITICALE, AND BARLEY CAUSED BY FUSARIUM
GRAMINEARUM OR BY TILLETIA INDICA.
Section 408(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) $15,000,000 for each of fiscal years 2019 through
2023.''.
SEC. 7304. GRANTS FOR YOUTH ORGANIZATIONS.
Section 410(d)(2) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7630(d)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7305. SPECIALTY CROP RESEARCH INITIATIVE.
(a) Industry Needs.--Section 412(b) of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7632(b)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (B) through (E) as
subparagraphs (C) through (F); and
(B) by inserting after subparagraph (A) the following:
``(B) size-controlling rootstock systems for perennial
crops;'';
(2) in paragraph (2), by striking ``including threats to
specialty crop pollinators;'' and inserting the following:
``such as--
``(A) threats to specialty crop pollinators;
``(B) emerging and invasive species; and
``(C) a more effective understanding and utilization of
existing natural enemy complexes;'';
(3) in paragraph (3)--
(A) by striking ``efforts to improve'' and inserting the
following: ``efforts--
``(A) to improve'';
(B) in subparagraph (A) (as so designated), by adding
``and'' at the end; and
(C) by adding at the end the following:
``(B) to achieve a better understanding of--
``(i) the soil rhizosphere microbiome;
``(ii) pesticide application systems and certified drift-
reduction technologies; and
``(iii) systems to improve and extend the storage life of
specialty crops;''; and
(4) in paragraph (4), by striking ``including improved
mechanization and technologies that delay or inhibit
ripening; and'' and inserting the following: ``such as--
``(A) mechanization and automation of labor-intensive tasks
in production and processing;
``(B) technologies that delay or inhibit ripening;
``(C) decision support systems driven by phenology and
environmental factors;
``(D) improved monitoring systems for agricultural pests;
and
``(E) effective systems for preharvest and postharvest
management of quarantine pests; and''.
(b) Funding.--Section 412(k) of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C.
7632(k)) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``for fiscal
years 2014 through 2018'';
(B) by striking ``In addition'' and inserting the
following:
``(A) In general.--In addition''; and
(C) in subparagraph (A) (as so designated), by striking
``2018'' and inserting ``2023'';
(2) by redesignating paragraph (3) as subparagraph (B) of
paragraph (2) and indenting appropriately; and
(3) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively.
SEC. 7306. FOOD ANIMAL RESIDUE AVOIDANCE DATABASE PROGRAM.
Section 604(e) of the Agricultural Research, Extension, and
Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 7307. OFFICE OF PEST MANAGEMENT POLICY.
Section 614(f)(2) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7653(f)(2)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 7308. FORESTRY PRODUCTS ADVANCED UTILIZATION RESEARCH.
Section 617(f)(1) of the Agricultural Research, Extension,
and Education Reform Act of 1998 (7 U.S.C. 7655b(f)(1)) is
amended by striking ``2018'' and inserting ``2023''.
Subtitle D--Other Laws
SEC. 7401. CRITICAL AGRICULTURAL MATERIALS ACT.
(a) Hemp Research.--Section 5(b)(9) of the Critical
Agricultural Materials Act (7 U.S.C. 178c(b)(9)) is amended
by inserting ``, and including hemp (as defined in section
297A of
[[Page S4589]]
the Agricultural Marketing Act of 1946)'' after
``hydrocarbon-containing plants''.
(b) Authorization of Appropriations.--Section 16(a)(2) of
the Critical Agricultural Materials Act (7 U.S.C. 178n(a)(2))
is amended by striking ``2018'' and inserting ``2023''.
SEC. 7402. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF
1994.
(a) Definition of 1994 Institution.--
(1) In general.--Section 532 of the Equity in Educational
Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law
103-382) is amended--
(A) by striking paragraph (11);
(B) by redesignating paragraphs (12) through (23) and (25)
through (35) as paragraphs (11) through (22) and (26) through
(36), respectively;
(C) in paragraph (20) (as so redesignated), by striking
``College'' and inserting ``University'';
(D) by inserting after paragraph (22) (as so redesignated)
the following:
``(23) Nueta Hidatsa Sahnish College.''; and
(E) by inserting after paragraph (24) the following:
``(25) Red Lake Nation College.''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on October 1, 2018.
(b) Endowment for 1994 Institutions.--Section 533(b) of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382) is amended in the first
sentence by striking ``2018'' and inserting ``2023''.
(c) Institutional Capacity Building Grants.--Section 535 of
the Equity in Educational Land-Grant Status Act of 1994 (7
U.S.C. 301 note; Public Law 103-382) is amended by striking
``2018'' each place it appears in subsections (b)(1) and (c)
and inserting ``2023''.
(d) Research Grants.--Section 536(c) of the Equity in
Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note;
Public Law 103-382) is amended in the first sentence by
striking ``2018'' and inserting ``2023''.
SEC. 7403. RESEARCH FACILITIES ACT.
Section 6(a) of the Research Facilities Act (7 U.S.C.
390d(a)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 7404. AGRICULTURAL AND FOOD RESEARCH INITIATIVE.
Subsection (b) of the Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157(b)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (D)--
(i) in clause (vi), by striking ``and'' at the end;
(ii) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(viii) soil health.''; and
(B) in subparagraph (E)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) in clause (iv), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(v) automation or mechanization in the production and
distribution of specialty crops, with a focus on labor-
intensive tasks.'';
(2) in paragraph (6)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) to an institution to carry out collaboration in
biomedical and agricultural research using existing research
models.''; and
(3) in paragraph (11)(A), in the matter preceding clause
(i), by striking ``2018'' and inserting ``2023''.
SEC. 7405. EXTENSION DESIGN AND DEMONSTRATION INITIATIVE.
(a) In General.--The Competitive, Special, and Facilities
Research Grant Act (7 U.S.C. 3157) is amended by inserting
after subsection (c) the following:
``(d) Extension Design and Demonstration Initiative.--
``(1) Purpose.--The purpose of this subsection is to
encourage the design of adaptive prototype systems for
extension and education that seek to advance the application,
translation, and demonstration of scientific discoveries and
other agricultural research for the adoption and
understanding of food, agricultural, and natural resources
practices, techniques, methods, and technologies using
digital or other novel platforms.
``(2) Grants.--The Secretary shall award grants on a
competitive basis--
``(A) for the design of 1 or more extension and education
prototype systems--
``(i) that leverage digital platforms or other novel means
of translating, delivering, or demonstrating agricultural
research; and
``(ii) to adapt, apply, translate, or demonstrate
scientific findings, data, technology, and other research
outcomes to producers, the agricultural industry, and other
interested persons or organizations; and
``(B) to demonstrate, by incorporating analytics and
specific metrics, the value, impact, and return on the
Federal investment of a prototype system designed under
subparagraph (A) as a model for use by other eligible
entities described in paragraph (3) for improving,
modernizing, and adapting applied research, demonstration,
and extension services.
``(3) Eligible entities.--An entity that is eligible to
receive a grant under paragraph (2) is--
``(A) a State agricultural experiment station; and
``(B) a land-grant college or university (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
``(4) Requirement.--The Secretary shall award grants under
paragraph (2) to not fewer than 2 and not more than 5
eligible entities described in paragraph (3) that represent a
diversity of regions, commodities, and agricultural or food
production issues.
``(5) Term.--The term of a grant awarded under paragraph
(2) shall be not longer than 5 years.
``(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $5,000,000
for each of fiscal years 2019 through 2023, to remain
available until expended.''.
(b) Technical and Conforming Amendments.--The Competitive,
Special, and Facilities Research Grant Act (7 U.S.C. 3157) is
amended--
(1) in subsection (c)(2), by striking ``subsection--'' in
the matter preceding subparagraph (A) and all that follows
through ``for the planning'' in subparagraph (B) and
inserting ``subsection for the planning''; and
(2) in subsection (h), by inserting ``, (d),'' after
``subsections (b)''.
SEC. 7406. RENEWABLE RESOURCES EXTENSION ACT OF 1978.
(a) Authorization of Appropriations.--Section 6 of the
Renewable Resources Extension Act of 1978 (16 U.S.C. 1675) is
amended in the first sentence by striking ``2018'' and
inserting ``2023''.
(b) Termination Date.--Section 8 of the Renewable Resources
Extension Act of 1978 (16 U.S.C. 1671 note; Public Law 95-
306) is amended by striking ``2018'' and inserting ``2023''.
SEC. 7407. NATIONAL AQUACULTURE ACT OF 1980.
Section 10 of the National Aquaculture Act of 1980 (16
U.S.C. 2809) is amended by striking ``2018'' each place it
appears and inserting ``2023''.
SEC. 7408. REPEAL OF REVIEW OF AGRICULTURAL RESEARCH SERVICE.
Section 7404 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 3101 note; Public Law 107-171) is repealed.
SEC. 7409. BIOMASS RESEARCH AND DEVELOPMENT.
Section 9008 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8108) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(C) carbon dioxide that--
``(i) is intended for permanent sequestration or
utilization; and
``(ii) is a byproduct of the production of the products
described in subparagraphs (A) and (B).'';
(2) in subsection (d)(2)(A)--
(A) in clause (xii), by striking ``and'' at the end;
(B) by redesignating clause (xiii) as clause (xiv); and
(C) by inserting after clause (xii) the following:
``(xiii) an individual with expertise in carbon dioxide
capture, utilization, and sequestration; and'';
(3) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in clause (ii), by striking ``and'' at the end; and
(ii) by adding at the end the following:
``(iv) to permanently sequester or utilize carbon dioxide
that is produced as a byproduct of the production of biobased
products; and''; and
(B) in paragraph (3)(B)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) the development of technologies to permanently
sequester or utilize carbon dioxide that is produced as a
byproduct of the production of biobased products.''; and
(4) in subsection (h)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) $3,000,000 for each of fiscal years 2019 through
2023.''; and
(B) in paragraph (2), by striking ``2018'' and inserting
``2023''.
SEC. 7410. REINSTATEMENT OF MATCHING REQUIREMENT FOR FEDERAL
FUNDS USED IN EXTENSION WORK AT THE UNIVERSITY
OF THE DISTRICT OF COLUMBIA.
(a) In General.--Section 208(c) of the District of Columbia
Public Postsecondary Education Reorganization Act (88 Stat.
1428; sec. 38-1202.09(c), D.C. Official Code) is amended by
inserting after the first sentence the following: ``Such sums
may be used to pay not more than \1/2\ of the total cost of
providing such extension work.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2018.
SEC. 7411. ENHANCED USE LEASE AUTHORITY PILOT PROGRAM.
Section 308 of the Federal Crop Insurance Reform and
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 3125a note; Public Law 103-354) is amended--
(1) in subsection (b)(6)(A), by striking ``10 years'' and
inserting ``15 years''; and
[[Page S4590]]
(2) in subsection (d)(2), in the matter preceding
subparagraph (A), by striking ``6, 8, and 10 years'' and
inserting ``13 years''.
SEC. 7412. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER
PORTION OF HENRY A. WALLACE BELTSVILLE
AGRICULTURAL RESEARCH CENTER, BELTSVILLE,
MARYLAND.
(a) Transfer Authorized.--Subject to subsection (e), the
Secretary may transfer to the Secretary of the Treasury
administrative jurisdiction over a parcel of real property at
the Henry A. Wallace Beltsville Agricultural Research Center
consisting of approximately 100 acres, which was originally
acquired by the United States through land acquisitions in
1910 and 1925, and is generally located off of Poultry Road
lying between Powder Mill Road and Odell Road in Beltsville,
Maryland, for the purpose of facilitating the establishment
of Bureau of Engraving and Printing facilities on the parcel.
(b) Legal Description and Map.--
(1) Preparation.--The Secretary shall prepare a legal
description and map of the parcel of real property to be
transferred under subsection (a).
(2) Force of law.--The legal description and map prepared
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct errors in the legal description and map.
(c) Terms and Conditions.--The transfer of administrative
jurisdiction under subsection (a) shall be subject to
easements, valid existing rights, and such other
reservations, terms, and conditions as the Secretary
considers to be necessary.
(d) Waiver.--The parcel of real property under subsection
(a) is exempt from Federal screening for other possible use
due to an identified Federal need for the parcel as the site
of Bureau of Engraving and Printing facilities.
(e) Conditions for Transfer.--As a condition of the
transfer of administrative jurisdiction under subsection (a),
the Secretary of the Treasury shall agree to pay the
Secretary the costs incurred to carry out the transfer of
administrative jurisdiction under subsection (a), including
the costs for--
(1) any environmental or administrative analysis required
by law with respect to the parcel to be transferred under
subsection (a);
(2) a survey, if needed; and
(3) any hazardous substances assessment of the parcel to be
transferred under subsection (a).
(f) Hazardous Materials.--
(1) In general.--For the parcel to be transferred under
subsection (a), the Secretary shall meet the applicable
disclosure requirements relating to hazardous substances.
(2) Remediation.--The Secretary shall not be required to
remediate or abate any hazardous substances disclosed under
paragraph (1) or any other hazardous pollutants,
contaminants, or waste that may be present at or on the
parcel on the date of the transfer of administrative
jurisdiction under subsection (a).
SEC. 7413. FOUNDATION FOR FOOD AND AGRICULTURE RESEARCH.
Section 7601 of the Agricultural Act of 2014 (7 U.S.C.
5939) is amended--
(1) in subsection (d)(1)(D), by inserting ``and agriculture
stakeholders'' after ``community'';
(2) in subsection (e)--
(A) in paragraph (2)(C)(ii)(I), by inserting ``agriculture
or'' before ``agricultural research''; and
(B) in paragraph (4)(A)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following:
``(iv) actively solicit and accept funds, gifts, grants,
devises, or bequests of real or personal property made to the
Foundation, including from private entities; and'';
(3) in subsection (f)--
(A) in paragraph (2)(A)(iii), by striking ``any''; and
(B) in paragraph (3)(B)--
(i) in clause (i)(I)--
(I) in the matter preceding item (aa), by inserting ``and
post online'' before ``a report'';
(II) in item (aa), by striking ``accomplishments; and'' and
inserting ``accomplishments and how those activities align to
the challenges identified in the strategic plan under clause
(iv);'';
(III) in item (bb), by striking the period at the end and
inserting ``; and''; and
(IV) by adding at the end the following:
``(cc) a description of available agricultural research
programs and priorities for the upcoming fiscal year.''; and
(ii) by adding at the end the following:
``(iii) Stakeholder notice.--The Foundation shall publish
an annual notice with a description of agricultural research
priorities under this section for the upcoming fiscal year,
including--
``(I) a schedule for funding competitions;
``(II) a discussion of how applications for funding will be
evaluated; and
``(III) how the Foundation will communicate information
about funded awards to the public to ensure that grantees and
partners understand the objectives of the Foundation.
``(iv) Strategic plan.--Not later than 1 year after the
date of enactment of the Agriculture Improvement Act of 2018,
the Foundation shall submit to the Committee on Agriculture
of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a
strategic plan describing a path for the Foundation to become
self-sustaining, including--
``(I) a forecast of major agricultural challenge
opportunities identified by the scientific advisory councils
of the Foundation and approved by the Board, including short-
and long-term objectives;
``(II) an overview of the efforts that the Foundation will
take to be transparent in each of the processes of the
Foundation, including--
``(aa) processes relating to grant awards, including the
selection, review, and notification processes;
``(bb) communication of past, current, and future research
priorities; and
``(cc) plans to solicit and respond to public input on the
opportunities identified in the strategic plan;
``(III) a description of financial goals and benchmarks for
the next 10 years, including a detailed plan for raising
funds in amounts greater than the amounts required under this
section; and
``(IV) other related issues, as determined by the Board.'';
and
(4) in subsection (g)(1)--
(A) in the paragraph heading, by striking ``Mandatory
funding'' and inserting ``Funding'';
(B) in subparagraph (A)--
(i) by striking ``On the date'' and inserting the
following:
``(i) Establishment funding.--On the date''; and
(ii) by adding at the end the following:
``(ii) Enhanced funding.--On the date of enactment of the
Agriculture Improvement Act of 2018, of the funds of the
Commodity Credit Corporation, the Secretary shall transfer to
the Foundation to carry out this section $200,000,000, to
remain available until expended.''; and
(C) in subparagraph (B)--
(i) by striking ``The Foundation'' and inserting the
following:
``(i) In general.--The Foundation'';
(ii) in clause (i) (as so designated)--
(I) by striking ``purposes'' and inserting ``purposes,
duties, and powers''; and
(II) by striking ``non-Federal matching funds for each
expenditure'' and inserting ``matching funds from a non-
Federal source, including a generic agricultural commodity
promotion, research, and information program''; and
(iii) by adding at the end the following:
``(ii) Effect.--Nothing in this section requires the
Foundation to require a matching contribution from an
individual grantee as a condition of receiving a grant under
this section.''.
SEC. 7414. ASSISTANCE FOR FORESTRY RESEARCH UNDER THE
MCINTIRE-STENNIS COOPERATIVE FORESTRY ACT.
Section 2 of Public Law 87-788 (commonly known as the
``McIntire-Stennis Cooperative Forestry Act'') (16 U.S.C.
582a-1) is amended in the second sentence--
(1) by striking ``and'' before ``1890 Institutions''; and
(2) by inserting ``and 1994 Institutions (as defined in
section 532 of the Equity in Educational Land-Grant Status
Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)) that
offer an associate's degree or a baccalaureate degree in
forestry,'' before ``and (b)''.
SEC. 7415. LEGITIMACY OF INDUSTRIAL HEMP RESEARCH.
(a) In General.--Section 7606 of the Agricultural Act of
2014 (7 U.S.C. 5940) is amended--
(1) by redesignating subsections (a) and (b) as subsections
(b) and (a), respectively, and moving the subsections so as
to appear in alphabetical order;
(2) in subsection (b) (as so redesignated), in the
subsection heading, by striking ``In General'' and inserting
``Industrial Hemp Research''; and
(3) by adding at the end the following:
``(c) Study and Report.--
``(1) In general.--The Secretary shall conduct a study of
agricultural pilot programs--
``(A) to determine the economic viability of the domestic
production and sale of industrial hemp; and
``(B) that shall include a review of--
``(i) each agricultural pilot program; and
``(ii) any other agricultural or academic research relating
to industrial hemp.
``(2) Report.--Not later than 120 days after the date of
enactment of this subsection, the Secretary shall submit to
Congress a report describing the results of the study
conducted under paragraph (1).''.
(b) Repeal.--Effective on the date that is 1 year after the
date on which the Secretary establishes a plan under section
297C of the Agricultural Marketing Act of 1946, section 7606
of the Agricultural Act of 2014 (7 U.S.C. 5940) is repealed.
SEC. 7416. COLLECTION OF DATA RELATING TO BARLEY AREA PLANTED
AND HARVESTED.
For all acreage reports published after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the National Agricultural Statistics
Service, shall include the State of New York in the States
surveyed to produce the table entitled ``Barley Area Planted
and Harvested'' in those reports.
SEC. 7417. COLLECTION OF DATA RELATING TO THE SIZE AND
LOCATION OF DAIRY FARMS.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the Economic Research Service, shall update
the report entitled ``Changes in the Size
[[Page S4591]]
and Location of US Dairy Farms'' contained in the report of
the Economic Research Service entitled ``Profits, Costs, and
the Changing Structure of Dairy Farming'' and published in
September 2007.
(b) Requirement.--In updating the report described in
subsection (a), the Secretary shall include an expanded Table
2 of that report containing the full range of herd sizes that
are detailed in Table 1 of that report.
SEC. 7418. AGRICULTURE INNOVATION CENTER DEMONSTRATION
PROGRAM.
Section 6402 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b) is amended--
(1) in subsection (e)(1), by striking ``subsection (i)''
and inserting ``subsection (h)'';
(2) by striking subsection (g);
(3) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(4) in subsection (h) (as so redesignated), by striking
``is authorized'' and all that follows through ``2018'' and
inserting ``are authorized to be appropriated such sums as
are necessary to carry out this section''.
SEC. 7419. SMITH-LEVER COMMUNITY EXTENSION PROGRAM.
(a) In General.--Section 3(d) of the Smith-Lever Act (7
U.S.C. 343(d)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(d) Administration, Technical, and Extension Services.--
``(1) In general.--The Secretary'';
(2) in paragraph (1) (as designated by paragraph (1)), by
striking the second sentence; and
(3) by adding at the end the following:
``(2) Competitive funding.--The Secretary of Agriculture
may provide funding, on a competitive basis, to--
``(A) a college or university eligible to receive funds
under the Act of August 30, 1890 (7 U.S.C. 321-326a and 328),
including Tuskegee University; or
``(B) a 1994 Institution (as defined in section 532 of the
Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C.
301 note; Public Law 103-382)) for--
``(i) the Children, Youth, and Families at Risk funding
program under subsection (b)(3); and
``(ii) the Federally Recognized Tribes Extension
Program.''.
(b) Conforming Amendments.--
(1) Section 3(f) of the Smith Lever Act (7 U.S.C. 343(f))
is amended--
(A) by striking ``There shall'' and inserting the
following:
``(1) In general.--There shall''; and
(B) by adding at the end the following:
``(2) Exception not applicable.--Paragraph (1) shall not
apply to a 1994 Institution receiving funding under
subsection (d)(2)(B) for the Children, Youth, and Families at
Risk funding program under subsection (b)(3) or for the
Federally Recognized Tribes Extension Program.''.
(2) Section 533(a)(2)(A) of the Equity in Educational Land-
Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-
382) is amended by striking clause (ii) and inserting the
following:
``(ii) the Smith-Lever Act (7 U.S.C. 341 et seq.), except
as provided under--
``(I) section 3(b)(3) of that Act (7 U.S.C. 343(b)(3)); or
``(II) paragraph (2) of section 3(d) of that Act (7 U.S.C.
343(d)); or''.
Subtitle E--Food, Conservation, and Energy Act of 2008
PART I--AGRICULTURAL SECURITY
SEC. 7501. AGRICULTURAL BIOSECURITY COMMUNICATION CENTER.
Section 14112(c)(2) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8912(c)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7502. ASSISTANCE TO BUILD LOCAL CAPACITY IN AGRICULTURAL
BIOSECURITY PLANNING, PREPARATION, AND
RESPONSE.
Section 14113 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8913) is amended--
(1) in subsection (a)(2)(B), by striking ``2018'' and
inserting ``2023''; and
(2) in subsection (b)(2)(B), by striking ``2018'' and
inserting ``2023''.
SEC. 7503. RESEARCH AND DEVELOPMENT OF AGRICULTURAL
COUNTERMEASURES.
Section 14121(b)(2) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8921(b)(2)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 7504. AGRICULTURAL BIOSECURITY GRANT PROGRAM.
Section 14122(e)(2) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8922(e)(2)) is amended by striking
``2018'' and inserting ``2023''.
PART II--MISCELLANEOUS PROVISIONS
SEC. 7511. FARM AND RANCH STRESS ASSISTANCE NETWORK.
Section 7522 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 5936) is amended--
(1) in subsection (a), by striking ``to support cooperative
programs between State cooperative extension services and
nonprofit organizations'' and inserting ``to eligible
entities described in subsection (c)'';
(2) in subsection (b)--
(A) by striking paragraph (5);
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
the subparagraphs appropriately;
(C) by striking subparagraph (B) (as so redesignated) and
inserting the following:
``(B) training, including training programs and workshops,
for--
``(i) advocates for individuals who are engaged in farming,
ranching, and other occupations relating to agriculture; and
``(ii) other individuals and entities that may assist
individuals who--
``(I) are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(II) are in crisis;'';
(D) in subparagraph (C) (as so redesignated), by adding
``and'' after the semicolon at the end;
(E) in subparagraph (D) (as so redesignated), by striking
``activities; and'' and inserting ``activities, including the
dissemination of information and materials; or'';
(F) in the matter preceding subparagraph (A) (as so
redesignated), by striking ``be used to initiate'' and
inserting the following: ``be used--
``(1) to initiate''; and
(G) by adding at the end the following:
``(2) to enter into contracts, on a multiyear basis, with
community-based, direct-service organizations to initiate,
expand, or sustain programs described in paragraph (1) and
subsection (a).''; and
(3) by striking subsections (c) and (d) and inserting the
following:
``(c) Eligible Recipients.--The Secretary may award a grant
under this section to--
``(1) a State department of agriculture;
``(2) a State cooperative extension service;
``(3) a qualified nonprofit organization, as determined by
the Secretary;
``(4) an entity providing appropriate services, as
determined by the Secretary, in 1 or more States; or
``(5) a partnership carried out by 2 or more entities
described in paragraphs (1) through (4).
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for each of fiscal years 2019 through 2023.
``(e) Report to Congress.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary, in coordination
with the Secretary of Health and Human Services, shall submit
to Congress and any other relevant Federal department or
agency, and make publicly available, a report describing the
state of behavioral and mental health of individuals who are
engaged in farming, ranching, and other occupations relating
to agriculture.
``(2) Contents.--The report under paragraph (1) shall
include--
``(A) an inventory and assessment of efforts to support the
behavioral and mental health of individuals who are engaged
in farming, ranching, and other occupations relating to
agriculture by--
``(i) the Federal Government, States, and units of local
government;
``(ii) communities comprised of those individuals;
``(iii) healthcare providers;
``(iv) State cooperative extension services; and
``(v) other appropriate entities, as determined by the
Secretary;
``(B) a description of the challenges faced by individuals
who are engaged in farming, ranching, and other occupations
relating to agriculture that may impact the behavioral and
mental health of farmers and ranchers;
``(C) a description of how the Department of Agriculture
can improve coordination and cooperation with Federal health
departments and agencies, including the Department of Health
and Human Services, the Substance Abuse and Mental Health
Services Administration, the Health Resources and Services
Administration, the Centers for Disease Control and
Prevention, and the National Institutes of Health, to best
address the behavioral and mental health of individuals who
are engaged in farming, ranching, and other occupations
relating to agriculture;
``(D) a long-term strategy for responding to the challenges
described under subparagraph (B) and recommendations based on
best practices for further action to be carried out by
appropriate Federal departments or agencies to improve
Federal Government response and seek to prevent suicide among
individuals who are engaged in farming, ranching, and other
occupations relating to agriculture; and
``(E) an evaluation of the impact of suicide among
individuals who are engaged in farming, ranching, and other
occupations relating to agriculture on--
``(i) the agricultural workforce;
``(ii) agricultural production;
``(iii) rural families and communities; and
``(iv) succession planning.''.
SEC. 7512. NATURAL PRODUCTS RESEARCH PROGRAM.
Section 7525(e) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 5937(e)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7513. SUN GRANT PROGRAM.
Section 7526(g) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 8114(g)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 7514. MECHANIZATION AND AUTOMATION FOR SPECIALTY CROPS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall conduct a review
of the programs of the Department of Agriculture that affect
the production or processing of specialty crops.
(b) Requirements.--The review under subsection (a) shall
identify--
[[Page S4592]]
(1) programs that currently are, or previously have been,
effectively used to accelerate the development and use of
automation or mechanization in the production or processing
of specialty crops; and
(2) programs that may be more effectively used to
accelerate the development and use of automation or
mechanization in the production or processing of specialty
crops.
(c) Strategy.--With respect to programs identified under
subsection (b), the Secretary shall develop and implement a
strategy to accelerate the development and use of automation
and mechanization in the production or processing of
specialty crops.
Subtitle F--Matching Funds Requirement
SEC. 7601. MATCHING FUNDS REQUIREMENT.
(a) Repeal.--Subtitle P of the National Agricultural
Research, Extension, and Teaching Policy Act of 1977 (7
U.S.C. 3371) is repealed.
(b) Conforming Amendments.--
(1) National agricultural research, extension, and teaching
policy act of 1977.--
(A) National agricultural research, extension, education,
and economics advisory board.--Section 1408(c)(1) of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3123(c)(1)) is amended by
striking subparagraph (B) and inserting the following:
``(B) the annual establishment of national priorities, as
determined by the Board;''.
(B) Grants to enhance research capacity in schools of
veterinary medicine.--Section 1415(a) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3151(a)) is amended--
(i) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(ii) by adding at the end the following:
``(2) Matching requirement.--A State receiving a grant
under paragraph (1) shall provide State matching funds equal
to not less than the amount of the grant.''.
(C) Aquaculture assistance grant program.--Section 1475(b)
of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is amended by
striking ``The Secretary'' and all that follows through the
period at the end and inserting the following:
``(1) In general.--Subject to paragraph (3), the Secretary
may make competitive grants to entities eligible for grants
under paragraph (2) for research and extension to facilitate
or expand promising advances in the production and marketing
of aquacultural food species and products and to enhance the
safety and wholesomeness of those species and products,
including the development of reliable supplies of seed stock
and therapeutic compounds.
``(2) Eligible entities.--The Secretary may make a
competitive grant under paragraph (1) to--
``(A) a land-grant or seagrant college or university;
``(B) a State agricultural experiment station;
``(C) a college, university, or Federal laboratory having a
demonstrable capacity to conduct aquacultural research, as
determined by the Secretary; or
``(D) a nonprofit private research institution.
``(3) Matching state grants.--
``(A) In general.--Except as provided in subparagraph (B),
the Secretary shall not make a grant under paragraph (1)
unless the State in which the grant recipient is located
makes a grant to that recipient in an amount equal to not
less than the amount of the grant under paragraph (1) (of
which State amount an in-kind contribution shall not exceed
50 percent).
``(B) Federal laboratories.--Subparagraph (A) shall not
apply to a grant to a Federal laboratory.''.
(2) Food, agriculture, conservation, and trade act of
1990.--
(A) Federal-state matching grant program.--Section
1623(d)(2) of the Food, Agriculture, Conservation, and Trade
Act of 1990 (7 U.S.C. 5813(d)(2)) is amended by striking the
second sentence.
(B) Agricultural genome initiative.--Section 1671 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 5924) (as amended by section 7208) is amended--
(i) by redesignating subsection (f) as subsection (g); and
(ii) by inserting after subsection (e) the following:
``(f) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect
to a grant or cooperative agreement under this section that
provides a particular benefit to a specific agricultural
commodity, the recipient of funds under the grant or
cooperative agreement shall provide non-Federal matching
funds (including funds from a generic agricultural commodity
promotion, research, and information program) equal to not
less than the amount provided under the grant or cooperative
agreement.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research; and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(C) High-priority research and extension initiatives.--
Section 1672(a) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 5925(a)) is amended--
(i) by striking ``The Secretary of Agriculture'' and
inserting the following:
``(1) In general.--The Secretary of Agriculture'';
(ii) in paragraph (1) (as so designated), in the second
sentence, by striking ``The Secretary shall'' and inserting
the following:
``(3) Consultation.--The Secretary shall''; and
(iii) by inserting after paragraph (1) the following:
``(2) Matching funds requirement.--
``(A) In general.--Subject to subparagraph (C), an entity
receiving a grant under paragraph (1) shall provide non-
Federal matching funds (including funds from a generic
agricultural commodity promotion, research, and information
program) equal to not less than the amount of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind support.
``(C) Waiver.--The Secretary may waive the matching funds
requirement under subparagraph (A) with respect to a research
project if the Secretary determines that--
``(i) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(ii)(I) the project--
``(aa) involves a minor commodity; and
``(bb) deals with scientifically important research; and
``(II) the recipient is unable to satisfy the matching
funds requirement.''.
(D) Organic agriculture research and extension
initiative.--Section 1672B of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 5925b) (as
amended by section 7210) is amended--
(i) by redesignating subsections (c), (d), and (e) as
subsections (d), (e), and (f), respectively; and
(ii) by inserting after subsection (b) the following:
``(c) Matching Requirement.--
``(1) In general.--Subject to paragraph (3), an entity
receiving a grant under subsection (a) shall provide non-
Federal matching funds (including funds from a generic
agricultural commodity promotion, research, and information
program) equal to not less than the amount of the grant.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(A) the results of the project are of a particular
benefit to a specific agricultural commodity, but those
results are likely to be applicable to agricultural
commodities generally; or
``(B)(i) the project--
``(I) involves a minor commodity; and
``(II) deals with scientifically important research; and
``(ii) the recipient is unable to satisfy the matching
funds requirement.''.
(3) Agricultural research, extension, and education reform
act of 1998.--
(A) Integrated research, education, and extension
competitive grants program.--Section 406 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7
U.S.C. 7626) is amended--
(i) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(ii) by inserting after subsection (c) the following:
``(d) Matching Funds Requirement.--
``(1) In general.--Subject to paragraph (3), with respect
to a grant under this section that provides a particular
benefit to a specific agricultural commodity, the recipient
of the grant shall provide non-Federal matching funds
(including funds from a generic agricultural commodity
promotion, research, and information program) equal to not
less than the amount of the grant.
``(2) In-kind support.--Non-Federal matching funds
described in paragraph (1) may include in-kind support.
``(3) Waiver.--The Secretary may waive the matching funds
requirement under paragraph (1) with respect to a research
project if the Secretary determines that--
``(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.''.
(B) Specialty crop research initiative.--Section 412(g) of
the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7632(g)) is amended--
(i) by redesignating paragraph (3) as paragraph (4); and
(ii) by inserting after paragraph (2) the following:
``(3) Matching requirement.--
``(A) In general.--An entity receiving a grant under this
section shall provide non-
[[Page S4593]]
Federal matching funds (including funds from a generic
agricultural commodity promotion, research, and information
program) equal to not less than the amount of the grant.
``(B) In-kind support.--Non-Federal matching funds
described in subparagraph (A) may include in-kind support.''.
(4) Other laws.--
(A) Sun grant program.--Section 7526(c)(1)(C)(iv) of the
Food, Conservation, and Energy Act of 2008 (7 U.S.C.
8114(c)(1)(C)(iv)) is amended by striking subclause (IV).
(B) Agriculture and food research initiative.--Subsection
(b)(9) of the Competitive, Special, and Facilities Research
Grant Act (7 U.S.C. 3157(b)(9)) is amended--
(i) in subparagraph (A), by striking clause (iii);
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``clauses (ii) and (iii),''
and inserting ``clause (ii),''; and
(II) by striking clause (iii); and
(iii) by adding at the end the following:
``(C) Applied research.--An entity receiving a grant under
paragraph (5)(B) for applied research that is commodity-
specific and not of national scope shall provide non-Federal
matching funds equal to not less than the amount of the
grant.''.
(c) Application of Amendments.--
(1) Grants awarded after october 1, 2018.--The amendments
made by subsections (a) and (b) shall apply with respect to
grants described in subsection (b) that are awarded after
October 1, 2018.
(2) Grants awarded on or before october 1, 2018.--
Notwithstanding the amendments made by subsections (a) and
(b), a matching funds requirement in effect on the day before
the date of enactment of this Act under a provision of law
amended by subsection (a) or (b) shall continue to apply to a
grant described in subsection (b) that is awarded on or
before October 1, 2018.
TITLE VIII--FORESTRY
Subtitle A--Cooperative Forestry Assistance Act of 1978
SEC. 8101. STATE AND PRIVATE FOREST LANDSCAPE-SCALE
RESTORATION PROGRAM.
(a) In General.--Section 13A of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2109a) is amended to read
as follows:
``SEC. 13A. STATE AND PRIVATE FOREST LANDSCAPE-SCALE
RESTORATION PROGRAM.
``(a) Purpose.--The purpose of this section is to encourage
collaborative, science-based restoration of priority forest
landscapes.
``(b) Definitions.--In this section:
``(1) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(2) Nonindustrial private forest land.--The term
`nonindustrial private forest land' means land that--
``(A) is rural, as determined by the Secretary;
``(B) has existing tree cover or is suitable for growing
trees; and
``(C) is owned by any private individual, group,
association, corporation, Indian tribe, or other private
legal entity.
``(3) State forest land.--The term `State forest land'
means land that--
``(A) is rural, as determined by the Secretary; and
``(B) is under State or local governmental ownership and
considered to be non-Federal forest land.
``(c) Establishment.--The Secretary, in consultation with
State foresters or appropriate State agencies, shall
establish a competitive grant program to provide financial
and technical assistance to encourage collaborative, science-
based restoration of priority forest landscapes.
``(d) Eligibility.--To be eligible to receive a grant under
this section, an applicant shall submit to the Secretary,
through the State forester or appropriate State agency, a
State and private forest landscape-scale restoration proposal
based on a restoration strategy that--
``(1) is complete or substantially complete;
``(2) is for a multiyear period;
``(3) covers nonindustrial private forest land or State
forest land;
``(4) is accessible by wood-processing infrastructure; and
``(5) is based on the best available science.
``(e) Plan Criteria.--A State and private forest landscape-
scale restoration proposal submitted under this section shall
include plans--
``(1) to reduce the risk of uncharacteristic wildfires;
``(2) to improve fish and wildlife habitats, including the
habitats of threatened and endangered species;
``(3) to maintain or improve water quality and watershed
function;
``(4) to mitigate invasive species, insect infestation, and
disease;
``(5) to improve important forest ecosystems;
``(6) to measure ecological and economic benefits,
including air quality and soil quality and productivity; and
``(7) to take other relevant actions, as determined by the
Secretary.
``(f) Priorities.--In making grants under this section, the
Secretary shall give priority to plans that--
``(1) further a statewide forest assessment and resource
strategy;
``(2) promote cross boundary landscape collaboration; and
``(3) leverage public and private resources.
``(g) Collaboration and Consultation.--The Chief of the
Forest Service, the Chief of the Natural Resources
Conservation Service, and relevant stakeholders shall
collaborate and consult on an ongoing basis regarding--
``(1) administration of the program established under this
section; and
``(2) identification of other applicable resources for
landscape-scale restoration.
``(h) Matching Funds Required.--As a condition of receiving
a grant under this section, the Secretary shall require the
recipient of the grant to provide funds or in-kind support
from non-Federal sources in an amount that is at least equal
to the amount of Federal funds.
``(i) Coordination and Proximity Encouraged.--In making
grants under this section, the Secretary may consider
coordination with and proximity to other landscape-scale
projects on other land under the jurisdiction of the
Secretary, the Secretary of the Interior, or a Governor of a
State, including under--
``(1) the Collaborative Forest Landscape Restoration
Program established under section 4003 of the Omnibus Public
Land Management Act of 2009 (16 U.S.C. 7303);
``(2) landscape areas designated for insect and disease
treatments under section 602 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591a);
``(3) good neighbor authority under section 19;
``(4) stewardship end result contracting projects
authorized under section 604 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591c);
``(5) appropriate State-level programs; and
``(6) other relevant programs, as determined by the
Secretary.
``(j) Regulations.--The Secretary shall promulgate such
regulations as the Secretary determines necessary to carry
out this section.
``(k) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report on--
``(1) the status of development, execution, and
administration of selected projects;
``(2) the accounting of program funding expenditures; and
``(3) specific accomplishments that have resulted from
landscape-scale projects.
``(l) Fund.--
``(1) In general.--There is established in the Treasury a
fund, to be known as the `State and Private Forest Landscape-
Scale Restoration Fund' (referred to in this subsection as
the `Fund'), to be used by the Secretary to make grants under
this section.
``(2) Contents.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (3).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to the Fund $20,000,000 for each fiscal
year beginning with the first full fiscal year after the date
of enactment of this subsection through fiscal year 2023, to
remain available until expended.''.
(b) Conforming Amendments.--
(1) Section 13B of the Cooperative Forestry Assistance Act
of 1978 (16 U.S.C. 2109b) is repealed.
(2) Section 19(a)(4)(C) of the Cooperative Forestry
Assistance Act of 1978 (16 U.S.C. 2113(a)(4)(C)) is amended
by striking ``sections 13A and 13B'' and inserting ``section
13A''.
Subtitle B--Forest and Rangeland Renewable Resources Research Act of
1978
SEC. 8201. REPEAL OF RECYCLING RESEARCH.
Section 9 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1648) is repealed.
SEC. 8202. REPEAL OF FORESTRY STUDENT GRANT PROGRAM.
Section 10 of the Forest and Rangeland Renewable Resources
Research Act of 1978 (16 U.S.C. 1649) is repealed.
Subtitle C--Global Climate Change Prevention Act of 1990
SEC. 8301. REPEALS.
(a) Biomass Energy Demonstration Projects.--Section 2410 of
the Global Climate Change Prevention Act of 1990 (7 U.S.C.
6708) is repealed.
(b) Interagency Cooperation to Maximize Biomass Growth.--
Section 2411 of the Global Climate Change Prevention Act of
1990 (7 U.S.C. 6709) is amended in the matter preceding
paragraph (1) by striking ``to--'' and all that follows
through ``such forests and lands'' in paragraph (2) and
inserting ``to develop a program to manage forests and land
on Department of Defense military installations''.
Subtitle D--Healthy Forests Restoration Act of 2003
SEC. 8401. PROMOTING CROSS-BOUNDARY WILDFIRE MITIGATION.
Section 103 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6513) is amended by adding at the end the
following:
``(e) Cross-boundary Hazardous Fuel Reduction Projects.--
``(1) Definitions.--In this subsection:
``(A) Hazardous fuel reduction project.--The term
`hazardous fuel reduction project' means a hazardous fuel
reduction project described in paragraph (2).
``(B) Non-federal land.--The term `non-Federal land'
includes--
``(i) State land;
[[Page S4594]]
``(ii) county land;
``(iii) Tribal land;
``(iv) private land; and
``(v) other non-Federal land.
``(2) Grants.--The Secretary may make grants to State
foresters to support hazardous fuel reduction projects that
incorporate treatments in landscapes across ownership
boundaries on Federal and non-Federal land, particularly in
areas identified as priorities in applicable State-wide
forest resource assessments or strategies under section 2A(a)
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C.
2101a(a)), as mutually agreed to by the State forester and
the Regional Forester.
``(3) Land treatments.--To conduct and fund treatments for
hazardous fuel reduction projects carried out by State
foresters using grants under paragraph (2), the Secretary may
use the authorities of the Secretary relating to cooperation
and technical and financial assistance, including the good
neighbor authority under--
``(A) section 8206 of the Agricultural Act of 2014 (16
U.S.C. 2113a); and
``(B) section 331 of the Department of the Interior and
Related Agencies Appropriations Act, 2001 (16 U.S.C. 1011
note; Public Law 106-291).
``(4) Cooperation.--In carrying out a hazardous fuel
reduction project using a grant under paragraph (2) on non-
Federal land, the State forester, in consultation with the
Secretary--
``(A) shall consult with any applicable owners of the non-
Federal land; and
``(B) shall not implement the hazardous fuel reduction
project on non-Federal land without the consent of the owner
of the non-Federal land.
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $20,000,000
for each of fiscal years 2019 through 2023.''.
SEC. 8402. AUTHORIZATION OF APPROPRIATIONS FOR HAZARDOUS FUEL
REDUCTION ON FEDERAL LAND.
Section 108 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6518) is amended by striking ``$760,000,000 for
each fiscal year'' and inserting ``$660,000,000 for each of
fiscal years 2019 through 2023''.
SEC. 8403. REPEAL OF BIOMASS COMMERCIAL UTILIZATION GRANT
PROGRAM.
(a) In General.--Section 203 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6531) is repealed.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by striking the item relating
to section 203.
SEC. 8404. WATER SOURCE PROTECTION PROGRAM.
(a) In General.--Title III of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6541 et seq.) is amended
by adding at the end the following:
``SEC. 303. WATER SOURCE PROTECTION PROGRAM.
``(a) Definitions.--In this section:
``(1) End water user.--The term `end water user' means a
non-Federal entity, including--
``(A) a State;
``(B) a political subdivision of a State;
``(C) an Indian tribe;
``(D) a utility;
``(E) a municipal water system;
``(F) an irrigation district;
``(G) a nonprofit organization; and
``(H) a corporation.
``(2) Forest management activity.--The term `forest
management activity' means a project carried out by the
Secretary on National Forest System land.
``(3) Forest plan.--The term `forest plan' means a land
management plan prepared by the Forest Service for a unit of
the National Forest System pursuant to section 6 of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604).
``(4) Non-federal partner.--The term `non-Federal partner'
means an end water user with whom the Secretary has entered
into a partnership agreement under subsection (c)(1).
``(5) Program.--The term `Program' means the Water Source
Protection Program established under subsection (b).
``(6) Secretary.--The term `Secretary' means the Secretary
of Agriculture, acting through the Chief of the Forest
Service.
``(7) Water source management plan.--The term `water source
management plan' means the water source management plan
developed under subsection (d)(1).
``(b) Establishment.--The Secretary shall establish and
maintain a program, to be known as the `Water Source
Protection Program', to carry out watershed protection and
restoration projects on National Forest System land.
``(c) Water Source Investment Partnerships.--
``(1) In general.--In carrying out the Program, the
Secretary may enter into water source investment partnership
agreements with end water users to protect and restore the
condition of National Forest watersheds that provide water to
the end water users.
``(2) Form.--A partnership agreement described in paragraph
(1) may take the form of--
``(A) a memorandum of understanding;
``(B) a cost-share or collection agreement;
``(C) a long-term funding matching commitment; or
``(D) another appropriate instrument, as determined by the
Secretary.
``(d) Water Source Management Plan.--
``(1) In general.--In carrying out the Program, the
Secretary, in cooperation with the non-Federal partners and
applicable State, local, and Tribal governments, may develop
a water source management plan that describes the proposed
implementation of watershed protection and restoration
projects under the Program.
``(2) Requirement.--A water source management plan shall be
conducted in a manner consistent with the forest plan
applicable to the National Forest System land on which the
watershed protection and restoration project is carried out.
``(3) Environmental analysis.--The Secretary may conduct a
single environmental impact statement or similar analysis
required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.)--
``(A) for each watershed protection and restoration project
included in the water source management plan; or
``(B) as part of the development of, or after the
finalization of, the water source management plan.
``(e) Forest Management Activities.--
``(1) In general.--To the extent that forest management
activities are necessary to protect, maintain, or enhance
water quality, and in accordance with paragraph (2), the
Secretary shall carry out forest management activities as
part of watershed protection and restoration projects carried
out on National Forest System land, with the primary purpose
of--
``(A) protecting a municipal water supply system;
``(B) restoring forest health from insect infestations and
disease; or
``(C) any combination of the purposes described in
subparagraphs (A) and (B).
``(2) Compliance.--The Secretary shall carry out forest
management activities under paragraph (1) in accordance
with--
``(A) this Act;
``(B) the applicable water source management plan;
``(C) the applicable forest plan; and
``(D) other applicable laws.
``(f) Endangered Species Act of 1973.--In carrying out the
Program, the Secretary may use the Manual on Adaptive
Management of the Department of the Interior, including any
associated guidance, to comply with the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
``(g) Funds and Services.--
``(1) In general.--In carrying out the Program, the
Secretary may accept and use funding, services, and other
forms of investment and assistance from non-Federal partners
to implement the water source management plan.
``(2) Matching funds required.--The Secretary shall require
the contribution of funds or in-kind support from non-Federal
partners to be in an amount that is at least equal to the
amount of Federal funds.
``(3) Manner of use.--The Secretary may accept and use
investments described in paragraph (1) directly or indirectly
through the National Forest Foundation.
``(4) Water source protection fund.--
``(A) In general.--Subject to the availability of
appropriations, the Secretary may establish a Water Source
Protection Fund to match funds or in-kind support contributed
by non-Federal partners under paragraph (1).
``(B) Use of appropriated funds.--There is authorized to be
appropriated to carry out this section $10,000,000 for each
of fiscal years 2019 through 2023.
``(C) Partnership agreements.--The Secretary may make
multiyear commitments, if necessary, to implement 1 or more
partnership agreements under subsection (c).''.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by striking the item relating
to section 303 and inserting the following:
``Sec. 303. Water Source Protection Program.''.
SEC. 8405. WATERSHED CONDITION FRAMEWORK.
(a) In General.--Title III of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6541 et seq.) (as amended
by section 8404(a)) is amended by adding at the end the
following:
``SEC. 304. WATERSHED CONDITION FRAMEWORK.
``(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service (referred to in this
section as the `Secretary'), shall establish and maintain a
Watershed Condition Framework for National Forest System
land--
``(1) to evaluate and classify the condition of watersheds,
taking into consideration--
``(A) water quality and quantity;
``(B) aquatic habitat and biota;
``(C) riparian and wetland vegetation;
``(D) the presence of roads and trails;
``(E) soil type and condition;
``(F) groundwater-dependent ecosystems;
``(G) relevant terrestrial indicators, such as fire regime,
risk of catastrophic fire, forest and rangeland vegetation,
invasive species, and insects and disease; and
``(H) other significant factors, as determined by the
Secretary;
``(2) to identify for protection and restoration up to 5
priority watersheds in each National Forest, and up to 2
priority watersheds in each national grassland, taking into
consideration the impact of the condition of the watershed
condition on--
``(A) wildfire behavior;
[[Page S4595]]
``(B) flood risk;
``(C) fish and wildlife;
``(D) drinking water supplies;
``(E) irrigation water supplies;
``(F) forest-dependent communities; and
``(G) other significant impacts, as determined by the
Secretary;
``(3) to develop a watershed protection and restoration
action plan for each priority watershed that--
``(A) takes into account existing restoration activities
being implemented in the watershed; and
``(B) includes, at a minimum--
``(i) the major stressors responsible for the impaired
condition of the watershed;
``(ii) a set of essential projects that, once completed,
will address the identified stressors and improve watershed
conditions;
``(iii) a proposed implementation schedule;
``(iv) potential partners and funding sources; and
``(v) a monitoring and evaluation program;
``(4) to prioritize protection and restoration activities
for each watershed restoration action plan;
``(5) to implement each watershed protection and
restoration action plan; and
``(6) to monitor the effectiveness of protection and
restoration actions and indicators of watershed health.
``(b) Coordination.--In carrying out subsection (a), the
Secretary shall--
``(1) coordinate with interested non-Federal landowners and
State, Tribal, and local governments within the relevant
watershed; and
``(2) provide for an active and ongoing public engagement
process.
``(c) Emergency Designation.--Notwithstanding paragraph (2)
of subsection (a), the Secretary may identify a watershed as
a priority for rehabilitation in the Watershed Condition
Framework without using the process described in that
subsection if a Forest Supervisor determines that--
``(1) a wildfire has significantly diminished the condition
of the watershed; and
``(2) the emergency stabilization activities of the Burned
Area Emergency Response Team are insufficient to return the
watershed to proper function.''.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) (as amended by section 8404(b)) is
amended by inserting after the item relating to section 303
the following:
``Sec. 304. Watershed Condition Framework.''.
SEC. 8406. AUTHORIZATION OF APPROPRIATIONS TO COMBAT INSECT
INFESTATIONS AND RELATED DISEASES.
(a) In General.--Section 406 of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6556) is amended to read
as follows:
``SEC. 406. TERMINATION OF EFFECTIVENESS.
``The authority provided by this title terminates effective
October 1, 2023.''.
(b) Conforming Amendment.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by striking the item relating
to section 406 and inserting the following:
``Sec. 406. Termination of effectiveness.''.
SEC. 8407. HEALTHY FORESTS RESERVE PROGRAM REAUTHORIZATION.
Section 508(b) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6578(b)) is amended--
(1) in the subsection heading, by striking ``2018'' and
inserting ``2023''; and
(2) by striking ``2018.'' and inserting ``2023.''.
SEC. 8408. AUTHORIZATION OF APPROPRIATIONS FOR DESIGNATION OF
TREATMENT AREAS.
Section 602 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591a) is amended by striking subsection (f).
SEC. 8409. ADMINISTRATIVE REVIEW OF COLLABORATIVE RESTORATION
PROJECTS.
Section 603(c) of the Healthy Forests Restoration Act of
2003 (16 U.S.C. 6591b(c)) is amended by adding at the end the
following:
``(4) Extraordinary circumstances.--The Secretary shall
apply the extraordinary circumstances procedures under
section 220.6 of title 36, Code of Federal Regulations (or
successor regulations), when using the categorical exclusion
under this section.''.
Subtitle E--Repeal or Reauthorization of Miscellaneous Forestry
Programs
SEC. 8501. REPEAL OF REVISION OF STRATEGIC PLAN FOR FOREST
INVENTORY AND ANALYSIS.
Section 8301 of the Agricultural Act of 2014 (16 U.S.C.
1642 note; Public Law 113-79) is repealed.
SEC. 8502. SEMIARID AGROFORESTRY RESEARCH CENTER.
Section 1243(d) of the Food, Agriculture, Conservation, and
Trade Act of 1990 (16 U.S.C. 1642 note; Public Law 101-624)
is amended by striking ``annually'' and inserting ``for each
of fiscal years 2019 through 2023''.
SEC. 8503. NATIONAL FOREST FOUNDATION ACT.
(a) Matching Funds.--Section 405(b) of the National Forest
Foundation Act (16 U.S.C. 583j-3(b)) is amended by striking
``2018'' and inserting ``2023''.
(b) Authorization of Appropriations.--Section 410(b) of the
National Forest Foundation Act (16 U.S.C. 583j-8(b)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 8504. CONVEYANCE OF FOREST SERVICE ADMINISTRATIVE SITES.
Section 503(f) of the Forest Service Facility Realignment
and Enhancement Act of 2005 (16 U.S.C. 580d note; Public Law
109-54) is amended by striking ``2016'' and inserting
``2023''.
Subtitle F--Forest Management
SEC. 8601. DEFINITIONS.
In this subtitle:
(1) National forest system.--The term ``National Forest
System'' has the meaning given the term in section 11(a) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1609(a)).
(2) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
PART I--EXPEDITED ENVIRONMENTAL ANALYSIS AND AVAILABILITY OF
CATEGORICAL EXCLUSIONS TO EXPEDITE FOREST MANAGEMENT ACTIVITIES
SEC. 8611. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND
MULE DEER HABITAT.
(a) In General.--Title VI of the Healthy Forests
Restoration Act of 2003 (16 U.S.C. 6591 et seq.) is amended
by adding at the end the following:
``SEC. 606. CATEGORICAL EXCLUSION FOR GREATER SAGE-GROUSE AND
MULE DEER HABITAT.
``(a) Definitions.--In this section:
``(1) Covered vegetation management activity.--
``(A) In general.--The term `covered vegetation management
activity' means any activity described in subparagraph (B)
that--
``(i)(I) is carried out on National Forest System land
administered by the Forest Service; or
``(II) is carried out on public land administered by the
Bureau of Land Management;
``(ii) with respect to public land, meets the objectives of
the order of the Secretary of the Interior numbered 3336 and
dated January 5, 2015;
``(iii) conforms to an applicable forest plan or land use
plan;
``(iv) protects, restores, or improves greater sage-grouse
or mule deer habitat in a sagebrush steppe ecosystem as
described in--
``(I) Circular 1416 of the United States Geological Survey
entitled `Restoration Handbook for Sagebrush Steppe
Ecosystems with Emphasis on Greater Sage-Grouse Habitat--Part
1. Concepts for Understanding and Applying Restoration'
(2015); or
``(II) the habitat guidelines for mule deer published by
the Mule Deer Working Group of the Western Association of
Fish and Wildlife Agencies;
``(v) will not permanently impair--
``(I) the natural state of the treated area;
``(II) outstanding opportunities for solitude;
``(III) outstanding opportunities for primitive, unconfined
recreation;
``(IV) economic opportunities consistent with multiple-use
management; or
``(V) the identified values of a unit of the National
Landscape Conservation System;
``(vi)(I) restores native vegetation following a natural
disturbance;
``(II) prevents the expansion into greater sage-grouse or
mule deer habitat of--
``(aa) juniper, pinyon pine, or other associated conifers;
or
``(bb) nonnative or invasive vegetation;
``(III) reduces the risk of loss of greater sage-grouse or
mule deer habitat from wildfire or any other natural
disturbance; or
``(IV) provides emergency stabilization of soil resources
after a natural disturbance; and
``(vii) provides for the conduct of restoration treatments
that--
``(I) maximize the retention of old-growth and large trees,
as appropriate for the forest type;
``(II) consider the best available scientific information
to maintain or restore the ecological integrity, including
maintaining or restoring structure, function, composition,
and connectivity;
``(III) are developed and implemented through a
collaborative process that--
``(aa) includes multiple interested persons representing
diverse interests; and
``(bb)(AA) is transparent and nonexclusive; or
``(BB) meets the requirements for a resource advisory
committee under subsections (c) through (f) of section 205 of
the Secure Rural Schools and Community Self-Determination Act
of 2000 (16 U.S.C. 7125); and
``(IV) may include the implementation of a proposal that
complies with the eligibility requirements of the
Collaborative Forest Landscape Restoration Program under
section 4003(b) of the Omnibus Public Land Management Act of
2009 (16 U.S.C. 7303(b)).
``(B) Description of activities.--An activity referred to
in subparagraph (A) is--
``(i) manual cutting and removal of juniper trees, pinyon
pine trees, other associated conifers, or other nonnative or
invasive vegetation;
``(ii) mechanical mastication, cutting, or mowing,
mechanical piling and burning, chaining, broadcast burning,
or yarding;
``(iii) removal of cheat grass, medusa head rye, or other
nonnative, invasive vegetation;
``(iv) collection and seeding or planting of native
vegetation using a manual, mechanical, or aerial method;
[[Page S4596]]
``(v) seeding of nonnative, noninvasive, ruderal vegetation
only for the purpose of emergency stabilization;
``(vi) targeted use of an herbicide, subject to the
condition that the use shall be in accordance with applicable
legal requirements, Federal agency procedures, and land use
plans;
``(vii) targeted livestock grazing to mitigate hazardous
fuels and control noxious and invasive weeds;
``(viii) temporary removal of wild horses or burros in the
area in which the activity is being carried out to ensure
treatment objectives are met;
``(ix) in coordination with the affected permit holder,
modification or adjustment of permissible usage under an
annual plan of use of a grazing permit issued by the
Secretary concerned to achieve restoration treatment
objectives;
``(x) installation of new, or modification of existing,
fencing or water sources intended to control use or improve
wildlife habitat; or
``(xi) necessary maintenance of, repairs to, rehabilitation
of, or reconstruction of an existing permanent road or
construction of temporary roads to accomplish the activities
described in this subparagraph.
``(C) Exclusions.--The term `covered vegetation management
activity' does not include--
``(i) any activity conducted in a wilderness area or
wilderness study area;
``(ii) any activity for the construction of a permanent
road or permanent trail;
``(iii) any activity conducted on Federal land on which, by
Act of Congress or Presidential proclamation, the removal of
vegetation is restricted or prohibited;
``(iv) any activity conducted in an area in which
activities under subparagraph (B) would be inconsistent with
the applicable land and resource management plan; or
``(v) any activity conducted in an inventoried roadless
area.
``(2) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture, with respect to
National Forest System land; and
``(B) the Secretary of the Interior, with respect to public
land.
``(3) Temporary road.--The term `temporary road' means a
road that is--
``(A) authorized--
``(i) by a contract, permit, lease, other written
authorization; or
``(ii) pursuant to an emergency operation;
``(B) not intended to be part of the permanent
transportation system of a Federal department or agency;
``(C) not necessary for long-term resource management;
``(D) designed in accordance with standards appropriate for
the intended use of the road, taking into consideration--
``(i) safety;
``(ii) the cost of transportation; and
``(iii) impacts to land and resources; and
``(E) managed to minimize--
``(i) erosion; and
``(ii) the introduction or spread of invasive species.
``(b) Categorical Exclusion.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary concerned shall
develop a categorical exclusion (as defined in section 1508.4
of title 40, Code of Federal Regulations (or a successor
regulation)) for covered vegetation management activities
carried out to protect, restore, or improve habitat for
greater sage-grouse or mule deer.
``(2) Administration.--In developing and administering the
categorical exclusion under paragraph (1), the Secretary
concerned shall--
``(A) comply with the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.);
``(B) with respect to National Forest System land, apply
the extraordinary circumstances procedures under section
220.6 of title 36, Code of Federal Regulations (or successor
regulations), in determining whether to use the categorical
exclusion;
``(C) with respect to public land, apply the extraordinary
circumstances procedures under section 46.215 of title 43,
Code of Federal Regulations (or successor regulations), in
determining whether to use the categorical exclusion; and
``(D) consider--
``(i) the relative efficacy of landscape-scale habitat
projects;
``(ii) the likelihood of continued declines in the
populations of greater sage-grouse and mule deer in the
absence of landscape-scale vegetation management; and
``(iii) the need for habitat restoration activities after
wildfire or other natural disturbances.
``(c) Implementation of Covered Vegetative Management
Activities Within the Range of Greater Sage-grouse and Mule
Deer.--If the categorical exclusion developed under
subsection (b) is used to implement a covered vegetative
management activity in an area within the range of both
greater sage-grouse and mule deer, the covered vegetative
management activity shall protect, restore, or improve
habitat concurrently for both greater sage-grouse and mule
deer.
``(d) Long-term Monitoring and Maintenance.--Before
commencing any covered vegetation management activity that is
covered by the categorical exclusion under subsection (b),
the Secretary concerned shall develop a long-term monitoring
and maintenance plan, covering at least the 20-year period
beginning on the date of commencement, to ensure that
management of the treated area does not degrade the habitat
gains secured by the covered vegetation management activity.
``(e) Disposal of Vegetative Material.--Subject to
applicable local restrictions, any vegetative material
resulting from a covered vegetation management activity that
is covered by the categorical exclusion under subsection (b)
may be--
``(1) used for--
``(A) fuel wood; or
``(B) other products; or
``(2) piled or burned, or both.
``(f) Treatment for Temporary Roads.--
``(1) In general.--Notwithstanding subsection
(a)(1)(B)(xi), any temporary road constructed in carrying out
a covered vegetation management activity that is covered by
the categorical exclusion under subsection (b)--
``(A) shall be used by the Secretary concerned for the
covered vegetation management activity for not more than 2
years; and
``(B) shall be decommissioned by the Secretary concerned
not later than 3 years after the earlier of the date on
which--
``(i) the temporary road is no longer needed; and
``(ii) the project is completed.
``(2) Requirement.--A treatment under paragraph (1) shall
include reestablishing native vegetative cover--
``(A) as soon as practicable; but
``(B) not later than 10 years after the date of completion
of the applicable covered vegetation management activity.
``(g) Limitations.--
``(1) Project size.--A covered vegetation management
activity that is covered by the categorical exclusion under
subsection (b) may not exceed 3,000 acres.
``(2) Location.--A covered vegetation management activity
carried out on National Forest System land that is covered by
the categorical exclusion under subsection (b) shall be
limited to areas designated under section 602(b), as of the
date of enactment of this section.''.
(b) Conforming Amendments.--The table of contents for the
Healthy Forests Restoration Act of 2003 (16 U.S.C. 6501 note;
Public Law 108-148) is amended by adding at the end of the
items relating to title VI the following:
``Sec. 602. Designation of treatment areas.
``Sec. 603. Administrative review.
``Sec. 604. Stewardship end result contracting projects.
``Sec. 605. Wildfire resilience projects.
``Sec. 606. Categorical exclusion for greater sage-grouse and mule deer
habitat.''.
PART II--MISCELLANEOUS FOREST MANAGEMENT ACTIVITIES
SEC. 8621. ADDITIONAL AUTHORITY FOR SALE OR EXCHANGE OF SMALL
PARCELS OF NATIONAL FOREST SYSTEM LAND.
(a) Increase in Maximum Value of Small Parcels.--Section 3
of Public Law 97-465 (commonly known as the ``Small Tract Act
of 1983'') (16 U.S.C. 521e) is amended in the matter
preceding paragraph (1) by striking ``$150,000'' and
inserting ``$500,000''.
(b) Additional Conveyance Purposes.--Section 3 of Public
Law 97-465 (16 U.S.C. 521e) (as amended by subsection (a)) is
amended--
(1) in paragraph (2), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(4) parcels of 40 acres or less that are determined by
the Secretary--
``(A) to be physically isolated from other Federal land;
``(B) to be inaccessible; or
``(C) to have lost National Forest character;
``(5) parcels of 10 acres or less that are not eligible for
conveyance under paragraph (2) but are encroached on by a
permanent habitable improvement for which there is no
evidence that the encroachment was intentional or negligent;
or
``(6) parcels used as a cemetery (including a parcel of not
more than 1 acre adjacent to the parcel used as a cemetery),
a landfill, or a sewage treatment plant under a special use
authorization issued or otherwise authorized by the
Secretary.''.
(c) Disposition of Proceeds.--Section 2 of Public Law 97-
465 (16 U.S.C. 521d) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Secretary is authorized'' and inserting the following:
``(a) Conveyance Authority; Consideration.--The Secretary
is authorized'';
(2) in paragraph (2), in the second sentence, by striking
``The Secretary shall insert'' and inserting the following:
``(b) Inclusion of Terms, Covenants, Conditions, and
Reservations.--
``(1) In general.--The Secretary shall insert'';
(3) in subsection (b) (as so designated)--
(A) by striking ``convenants'' and inserting ``covenants'';
and
(B) in the second sentence by striking ``The preceding
sentence shall not'' and inserting the following:
``(2) Limitation.--Paragraph (1) shall not''; and
(4) by adding at the end the following:
``(c) Disposition of Proceeds.--
``(1) Deposit in sisk fund.--The net proceeds derived from
any sale or exchange conducted under paragraph (4), (5), or
(6) of section 3 shall be deposited in the fund established
under Public Law 90-171 (commonly known as the `Sisk Act')
(16 U.S.C. 484a).
[[Page S4597]]
``(2) Use.--Amounts deposited under paragraph (1) shall be
available to the Secretary until expended for--
``(A) the acquisition of land or interests in land for
administrative sites for the National Forest System in the
State from which the amounts were derived;
``(B) the acquisition of land or interests in land for
inclusion in the National Forest System in that State,
including land or interests in land that enhance
opportunities for recreational access; or
``(C) the reimbursement of the Secretary for costs incurred
in preparing a sale conducted under the authority of section
3 if the sale is a competitive sale.''.
SEC. 8622. FOREST SERVICE PARTICIPATION IN ACES PROGRAM.
Section 8302 of the Agricultural Act of 2014 (16 U.S.C.
3851a) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Termination of Effectiveness.--The authority provided
to the Secretary to carry out this section terminates
effective October 1, 2023.''.
SEC. 8623. AUTHORIZATION FOR LEASE OF FOREST SERVICE SITES.
(a) Definitions.--In this section:
(1) Administrative site.--
(A) In general.--The term ``administrative site'' means--
(i) any facility or improvement, including curtilage, that
was acquired or is used specifically for purposes of
administration of the National Forest System;
(ii) any Federal land that--
(I) is associated with a facility or improvement described
in clause (i) that was acquired or is used specifically for
purposes of administration of Forest Service activities; and
(II) underlies or abuts the facility or improvement; and
(iii) for each fiscal year, not more than 10 isolated,
undeveloped parcels of not more than 40 acres each.
(B) Exclusions.--The term ``administrative site'' does not
include--
(i) any land within a unit of the National Forest System
that is exclusively designated for natural area or
recreational purposes;
(ii) any land within--
(I) a component of the National Wilderness Preservation
System;
(II) a component of the National Wild and Scenic Rivers
System; or
(III) a National Monument; or
(iii) any Federal land that the Secretary determines--
(I) is needed for resource management purposes or to
provide access to other land or water; or
(II) would be in the public interest not to lease.
(2) Facility or improvement.--The term ``facility or
improvement'' includes--
(A) a forest headquarters;
(B) a ranger station;
(C) a research station or laboratory;
(D) a dwelling;
(E) a warehouse;
(F) a scaling station;
(G) a fire-retardant mixing station;
(H) a fire-lookout station;
(I) a guard station;
(J) a storage facility;
(K) a telecommunication facility; and
(L) any other administrative installation for conducting
Forest Service activities.
(3) Market analysis.--The term ``market analysis'' means
the identification and study of the market for a particular
economic good or service.
(b) Authorization.--The Secretary may lease an
administrative site that is under the jurisdiction of the
Secretary in accordance with this section.
(c) Identification of Eligible Sites.--A regional forester,
in consultation with forest supervisors in the region, may
submit to the Secretary a recommendation for administrative
sites in the region that the regional forester considers
eligible for leasing under this section.
(d) Consultation With Local Government and Public Notice.--
Before making an administrative site available for lease
under this section, the Secretary shall--
(1) consult with government officials of the community and
of the State in which the administrative site is located; and
(2) provide public notice of the proposed lease.
(e) Lease Requirements.--
(1) Size.--An administrative site or compound of
administrative sites under a single lease under this section
may not exceed 40 acres.
(2) Configuration of administrative sites.--
(A) In general.--To facilitate the lease of an
administrative site under this section, the Secretary may
configure the administrative site--
(i) to maximize the marketability of the administrative
site; and
(ii) to achieve management objectives.
(B) Separate treatment of facility or improvement.--A
facility or improvement on an administrative site to be
leased under this section may be severed from the land and
leased under a separate lease under this section.
(3) Consideration.--
(A) In general.--A person to which a lease of an
administrative site is made under this section shall provide
to the Secretary consideration described in subparagraph (B)
in an amount that is not less than the market value of the
administrative site, as determined in accordance with
subparagraph (C).
(B) Form of consideration.--The consideration referred to
in subparagraph (A) may be--
(i) cash;
(ii) in-kind, including--
(I) the construction of new facilities or improvements, the
title to which shall be transferred by the lessee to the
Secretary;
(II) the maintenance, repair, improvement, or restoration
of existing facilities or improvements; and
(III) other services relating to activities that occur on
the administrative site, as determined by the Secretary; or
(iii) any combination of the consideration described in
clauses (i) and (ii).
(C) Determination of market value.--
(i) In general.--The Secretary shall determine the market
value of an administrative site to be leased under this
section--
(I) by conducting an appraisal in accordance with--
(aa) the Uniform Appraisal Standards for Federal Land
Acquisitions established in accordance with the Uniform
Relocation Assistance and Real Property Acquisition Policies
Act of 1970 (42 U.S.C. 4601 et seq.); and
(bb) the Uniform Standards of Professional Appraisal
Practice; or
(II) by competitive lease.
(ii) In-kind consideration.--The Secretary shall determine
the market value of any in-kind consideration under
subparagraph (B)(ii).
(4) Conditions.--The lease of an administrative site under
this section shall be subject to such conditions, including
bonding, as the Secretary determines to be appropriate.
(5) Right of first refusal.--Subject to terms and
conditions that the Secretary determines to be necessary, the
Secretary shall offer to lease an administrative site to the
municipality or county in which the administrative site is
located before seeking to lease the administrative site to
any other person.
(f) Relation to Other Laws.--
(1) Federal property disposal.--Chapter 5 of title 40,
United States Code, shall not apply to the lease of an
administrative site under this section.
(2) Lead-based paint and asbestos abatement.--
(A) In general.--Notwithstanding any provision of law
relating to the mitigation or abatement of lead-based paint
or asbestos-containing building materials, the Secretary
shall not be required to mitigate or abate lead-based paint
or asbestos-containing building materials with respect to an
administrative site to be leased under this section.
(B) Procedures.--With respect to an administrative site to
be leased under this section that has lead-based paint or
asbestos-containing building materials, the Secretary shall--
(i) provide notice to the person to which the
administrative site will be leased of the presence of the
lead-based paint or asbestos-containing building material;
and
(ii) obtain written assurance from that person that the
person will comply with applicable Federal, State, and local
laws relating to the management of lead-based paint and
asbestos-containing building materials.
(3) Environmental review.--The National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall apply to
the lease of an administrative site under this section,
except that, in any environmental review or analysis required
under that Act for the lease of an administrative site under
this section, the Secretary shall be required only--
(A) to analyze the most reasonably foreseeable use of the
administrative site, as determined through a market analysis;
(B) to determine whether to include any conditions under
subsection (e)(4); and
(C) to evaluate the alternative of not leasing the
administrative site in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(4) Compliance with local laws.--A person that leases an
administrative site under this section shall comply with all
applicable State and local zoning laws, building codes, and
permit requirements for any construction activities that
occur on the administrative site.
(g) Use of Consideration.--Cash consideration for a lease
of an administrative site under this section shall be
available to the Secretary, until expended and without
further appropriation, to pay--
(1) any necessary and incidental costs incurred by the
Secretary in connection with--
(A) the acquisition, improvement, maintenance,
reconstruction, or construction of a facility or improvement
for the National Forest System; and
(B) the lease of an administrative site under this section;
and
(2) reasonable commissions or fees for brokerage services
obtained in connection with the lease, subject to the
conditions that the Secretary--
(A) determines that the services are in the public
interest; and
(B) shall provide public notice of any brokerage services
contract entered into in connection with a lease under this
section.
(h) Congressional Notifications.--
(1) Anticipated use of authority.--As part of the annual
budget justification documents provided to the Committee on
Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate, the Secretary
shall include--
[[Page S4598]]
(A) a list of the anticipated leases to be made, including
the anticipated revenue that may be obtained, under this
section;
(B) a description of the intended use of any revenue
obtained under a lease under this section, including a list
of any projects that cost more than $500,000; and
(C) a description of accomplishments during previous years
using the authority of the Secretary under this section.
(2) Changes to lease list.--If the Secretary desires to
lease an administrative site under this section that is not
included on a list provided under paragraph (1)(A), the
Secretary shall submit to the congressional committees
described in paragraph (3) a notice of the proposed lease,
including the anticipated revenue that may be obtained from
the lease.
(3) Use of authority.--Not less frequently than once each
year, the Secretary shall submit to the Committee on
Agriculture, the Committee on Appropriations, and the
Committee on Natural Resources of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry, the Committee on Appropriations, and the
Committee on Energy and Natural Resources of the Senate a
report describing each lease made by the Secretary under this
section during the period covered by the report.
(i) Expiration of Authority.--
(1) In general.--The authority of the Secretary to make a
lease of an administrative site under this section expires on
October 1, 2023.
(2) Effect on lease agreement.--Paragraph (1) shall not
affect the authority of the Secretary to carry out this
section in the case of any lease agreement that was entered
into by the Secretary before October 1, 2023.
SEC. 8624. GOOD NEIGHBOR AUTHORITY.
(a) Inclusion of Indian Tribes.--Section 8206(a) of the
Agricultural Act of 2014 (16 U.S.C. 2113a(a)) is amended--
(1) in paragraph (1)(A), by striking ``land and non-Federal
land'' and inserting ``land, non-Federal land, and land owned
by an Indian tribe'';
(2) in paragraph (5), by inserting ``or Indian tribe''
after ``affected State'';
(3) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively; and
(4) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).''.
(b) Inclusion of Counties.--Section 8206 of the
Agricultural Act of 2014 (16 U.S.C. 2113a) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``or county, as
applicable,'' after ``Governor'';
(B) by redesignating paragraphs (2) through (9) (as amended
by subsection (a)) as paragraphs (3) through (10),
respectively;
(C) by inserting after paragraph (1) the following:
``(2) County.--The term `county' means--
``(A) the appropriate executive official of an affected
county; or
``(B) in any case in which multiple counties are affected,
the appropriate executive official of a compact of the
affected counties.''; and
(D) in paragraph (5) (as so redesignated), by inserting
``or county, as applicable,'' after ``Governor''; and
(2) in subsection (b)--
(A) in paragraph (1)(A), by inserting ``or county'' after
``Governor'';
(B) in paragraph (2)(A), by striking ``cooperative
agreement or contract entered into under subsection (a)'' and
inserting ``good neighbor agreement'';
(C) in paragraph (3), by inserting ``or county'' after
``Governor''; and
(D) by adding at the end the following:
``(4) Receipts.--Notwithstanding any other provision of
law, any payment made by a county to the Secretary under a
project conducted under a good neighbor agreement shall not
be considered to be monies received from National Forest
System land or Bureau of Land Management land, as
applicable.''.
SEC. 8625. WILDLAND-URBAN INTERFACE.
To the maximum extent practicable, the Secretary shall
prioritize the expenditure of hazardous fuels funding for
projects within the wildland-urban interface (as defined in
section 101 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6511)).
SEC. 8626. CHATTAHOOCHEE-OCONEE NATIONAL FOREST LAND
ADJUSTMENT.
(a) Findings.--Congress finds that--
(1) certain National Forest System land in the State of
Georgia consists of isolated tracts that are inefficient to
manage or have lost their principal value for National Forest
purposes;
(2) the disposal of that National Forest System land would
be in the public interest; and
(3) proceeds from the sale of National Forest System land
under subsection (b)(1) would be used best by the Forest
Service to purchase land for National Forest purposes in the
State of Georgia.
(b) Land Conveyance Authority.--
(1) In general.--Under such terms and conditions as the
Secretary may prescribe, the Secretary may sell or exchange
any or all rights, title, and interest of the United States
in and to the National Forest System land described in
paragraph (2)(A).
(2) Land authorized for disposal.--
(A) In general.--The National Forest System land referred
to in paragraph (1) is the 30 tracts of land totaling
approximately 3,841 acres that are generally depicted on the
2 maps entitled ``Priority Land Adjustments, State of
Georgia, U.S. Forest Service-Southern Region, Oconee and
Chattahoochee National Forests, U.S. Congressional Districts-
8, 9, 10 & 14'' and dated September 24, 2013.
(B) Maps.--The maps described in subparagraph (A) shall be
on file and available for public inspection in the Office of
the Forest Supervisor, Chattahoochee-Oconee National Forest,
until such time as the land is sold or exchanged.
(C) Modification of boundaries.--The Secretary may modify
the boundaries of the National Forest System land described
in subparagraph (A) based on land management considerations.
(3) Form of conveyance.--
(A) Quitclaim deed.--The Secretary shall convey National
Forest System land sold or exchanged under paragraph (1) by
quitclaim deed.
(B) Reservations.--The Secretary may reserve any rights-of-
way or other rights or interests in National Forest System
land sold or exchanged under paragraph (1) that the Secretary
considers necessary for management purposes or to protect the
public interest.
(4) Valuation.--
(A) Market value.--The Secretary may not sell or exchange
National Forest System land under paragraph (1) for less than
market value, as determined by appraisal or through
competitive bid.
(B) Appraisal requirements.--Any appraisal under
subparagraph (A) shall be--
(i) consistent with the Uniform Appraisal Standards for
Federal Land Acquisitions or the Uniform Standards of
Professional Appraisal Practice; and
(ii) subject to the approval of the Secretary.
(5) Consideration.--
(A) Cash.--Consideration for a sale of National Forest
System land or equalization of an exchange under paragraph
(1) shall be paid in cash.
(B) Exchange.--Notwithstanding section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)), the Secretary may accept a cash equalization
payment in excess of 25 percent of the value of any National
Forest System land exchanged under paragraph (1).
(6) Method of sale.--
(A) Options.--The Secretary may sell National Forest System
land under paragraph (1) at public or private sale, including
competitive sale by auction, bid, or otherwise, in accordance
with such terms, conditions, and procedures as the Secretary
determines are in the best interest of the United States.
(B) Solicitations.--The Secretary may--
(i) make public or private solicitations for the sale or
exchange of National Forest System land under paragraph (1);
and
(ii) reject any offer that the Secretary determines is not
adequate or not in the public interest.
(7) Brokers.--The Secretary may--
(A) use brokers or other third parties in the sale or
exchange of National Forest System land under paragraph (1);
and
(B) from the proceeds of a sale, pay reasonable commissions
or fees.
(c) Treatment of Proceeds.--
(1) Deposit.--Subject to subsection (b)(7)(B), the
Secretary shall deposit the proceeds of a sale or a cash
equalization payment received from the sale or exchange of
National Forest System land under subsection (b)(1) in the
fund established under Public Law 90-171 (commonly known as
the ``Sisk Act'') (16 U.S.C. 484a).
(2) Availability.--Subject to paragraph (3), amounts
deposited under paragraph (1) shall be available to the
Secretary until expended, without further appropriation, for
the acquisition of land for National Forest purposes in the
State of Georgia.
(3) Private property protection.--Nothing in this section
authorizes the use of funds deposited under paragraph (1) to
be used to acquire land without the written consent of the
owner of the land.
SEC. 8627. TENNESSEE WILDERNESS.
(a) Definitions.--In this section:
(1) Map.--The term ``Map'' means the map entitled
``Proposed Wilderness Areas and Additions-Cherokee National
Forest'' and dated January 20, 2010.
(2) State.--The term ``State'' means the State of
Tennessee.
(b) Additions to Cherokee National Forest.--
(1) Designation of wilderness.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the following
parcels of Federal land in the Cherokee National Forest in
the State are designated as wilderness and as additions to
the National Wilderness Preservation System:
(A) Certain land comprising approximately 9,038 acres, as
generally depicted as the ``Upper Bald River Wilderness'' on
the Map and which shall be known as the ``Upper Bald River
Wilderness''.
(B) Certain land comprising approximately 348 acres, as
generally depicted as the ``Big Frog Addition'' on the Map
and which shall be incorporated in, and shall be considered
to be a part of, the Big Frog Wilderness.
(C) Certain land comprising approximately 630 acres, as
generally depicted as the ``Little Frog Mountain Addition
NW'' on the Map and which shall be incorporated in, and shall
be considered to be a part of, the Little Frog Mountain
Wilderness.
[[Page S4599]]
(D) Certain land comprising approximately 336 acres, as
generally depicted as the ``Little Frog Mountain Addition
NE'' on the Map and which shall be incorporated in, and shall
be considered to be a part of, the Little Frog Mountain
Wilderness.
(E) Certain land comprising approximately 2,922 acres, as
generally depicted as the ``Sampson Mountain Addition'' on
the Map and which shall be incorporated in, and shall be
considered to be a part of, the Sampson Mountain Wilderness.
(F) Certain land comprising approximately 4,446 acres, as
generally depicted as the ``Big Laurel Branch Addition'' on
the Map and which shall be incorporated in, and shall be
considered to be a part of, the Big Laurel Branch Wilderness.
(G) Certain land comprising approximately 1,836 acres, as
generally depicted as the ``Joyce Kilmer-Slickrock Addition''
on the Map and which shall be incorporated in, and shall be
considered to be a part of, the Joyce Kilmer-Slickrock
Wilderness.
(2) Maps and legal descriptions.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of the wilderness areas designated by
paragraph (1) with the appropriate committees of Congress.
(B) Public availability.--The maps and legal descriptions
filed under subparagraph (A) shall be on file and available
for public inspection in the office of the Chief of the
Forest Service and the office of the Supervisor of the
Cherokee National Forest.
(C) Force of law.--The maps and legal descriptions filed
under subparagraph (A) shall have the same force and effect
as if included in this Act, except that the Secretary may
correct typographical errors in the maps and descriptions.
(3) Administration.--
(A) In general.--Subject to valid existing rights, the
Federal land designated as wilderness by paragraph (1) shall
be administered by the Secretary in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be deemed to be a reference to the date of enactment of this
Act.
(B) Fish and wildlife management.--In accordance with
section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)),
nothing in this section affects the jurisdiction of the State
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the
wilderness areas designated by paragraph (1).
SEC. 8628. ADDITIONS TO ROUGH MOUNTAIN AND RICH HOLE
WILDERNESSES.
(a) Rough Mountain Addition.--Section 1 of Public Law 100-
326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123
Stat. 1002) is amended by adding at the end the following:
``(21) Rough mountain addition.--Certain land in the George
Washington National Forest comprising approximately 1,000
acres, as generally depicted as the `Rough Mountain Addition'
on the map entitled `GEORGE WASHINGTON NATIONAL FOREST -
South half - Alternative I - Selected Alternative Management
Prescriptions - Land and Resources Management Plan Final
Environmental Impact Statement' and dated March 4, 2014,
which is incorporated in the Rough Mountain Wilderness Area
designated by paragraph (1).''.
(b) Rich Hole Addition.--
(1) Potential wilderness designation.--In furtherance of
the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.),
certain land in the George Washington National Forest
comprising approximately 4,600 acres, as generally depicted
as the ``Rich Hole Addition'' on the map entitled ``GEORGE
WASHINGTON NATIONAL FOREST - South half - Alternative I -
Selected Alternative Management Prescriptions - Land and
Resources Management Plan Final Environmental Impact
Statement'' and dated March 4, 2014, is designated as a
potential wilderness area for incorporation in the Rich Hole
Wilderness Area designated by section 1(2) of Public Law 100-
326 (16 U.S.C. 1132 note; 102 Stat. 584; 114 Stat. 2057; 123
Stat. 1002).
(2) Wilderness designation.--The potential wilderness area
designated by paragraph (1) shall be designated as wilderness
and incorporated in the Rich Hole Wilderness Area designated
by section 1(2) of Public Law 100-326 (16 U.S.C. 1132 note;
102 Stat. 584; 114 Stat. 2057; 123 Stat. 1002) on the earlier
of--
(A) the date on which the Secretary publishes in the
Federal Register notice that the activities permitted under
paragraph (4) have been completed; or
(B) the date that is 5 years after the date of enactment of
this Act.
(3) Management.--Except as provided in paragraph (4), the
Secretary shall manage the potential wilderness area
designated by paragraph (1) in accordance with the Wilderness
Act (16 U.S.C. 1131 et seq.).
(4) Water quality improvement activities.--
(A) In general.--To enhance natural ecosystems within the
potential wilderness area designated by paragraph (1) by
implementing certain activities to improve water quality and
aquatic passage, as set forth in the Forest Service document
entitled ``Decision Notice for the Lower Cowpasture
Restoration and Management Project'' and dated December 2015,
the Secretary may use motorized equipment and mechanized
transport in the potential wilderness area until the date on
which the potential wilderness area is incorporated into the
Rich Hole Wilderness Area under paragraph (2).
(B) Requirement.--In carrying out subparagraph (A), the
Secretary, to the maximum extent practicable, shall use the
minimum tool or administrative practice necessary to carry
out that subparagraph with the least amount of adverse impact
on wilderness character and resources.
SEC. 8629. KISATCHIE NATIONAL FOREST LAND CONVEYANCE.
(a) Finding.--Congress finds that it is in the public
interest to authorize the conveyance of certain Federal land
in the Kisatchie National Forest in the State of Louisiana
for market value consideration.
(b) Definitions.--In this section:
(1) Collins camp properties.--The term ``Collins Camp
Properties'' means Collins Camp Properties, Inc., a
corporation incorporated under the laws of the State.
(2) State.--The term ``State'' means the State of
Louisiana.
(c) Authorization of Conveyances, Kisatchie National
Forest, Louisiana.--
(1) Authorization.--
(A) In general.--Subject to valid existing rights and
paragraph (2), the Secretary may convey the Federal land
described in subparagraph (B) by quitclaim deed at public or
private sale, including competitive sale by auction, bid, or
other methods.
(B) Description of land.--The Federal land referred to in
subparagraph (A) consists of--
(i) all Federal land within sec. 9, T. 10 N., R. 5 W., Winn
Parish, Louisiana; and
(ii) a 2.16-acre parcel of Federal land located in the
SW\1/4\ of sec. 4, T. 10 N., R. 5 W., Winn Parish, Louisiana,
as depicted on a certificate of survey dated March 7, 2007,
by Glen L. Cannon, P.L.S. 4436.
(2) First right of purchase.--Subject to valid existing
rights and subsection (e), during the 1-year period beginning
on the date of enactment of this Act, on the provision of
consideration by the Collins Camp Properties to the
Secretary, the Secretary shall convey, by quitclaim deed, to
Collins Camp Properties all right, title, and interest of the
United States in and to--
(A) the not more than 47.92 acres of Federal land
comprising the Collins Campsites within sec. 9, T. 10 N., R.
5 W., in Winn Parish, Louisiana, as generally depicted on a
certificate of survey dated February 28, 2007, by Glen L.
Cannon, P.L.S. 4436; and
(B) the parcel of Federal land described in paragraph
(1)(B)(ii).
(3) Terms and conditions.--The Secretary may--
(A) configure the Federal land to be conveyed under this
section--
(i) to maximize the marketability of the conveyance; or
(ii) to achieve management objectives; and
(B) establish any terms and conditions for the conveyances
under this section that the Secretary determines to be in the
public interest.
(4) Consideration.--Consideration for a conveyance of
Federal land under this section shall be--
(A) in the form of cash; and
(B) in an amount equal to the market value of the Federal
land being conveyed, as determined under paragraph (5).
(5) Market value.--The market value of the Federal land
conveyed under this section shall be determined--
(A) in the case of Federal land conveyed under paragraph
(2), by an appraisal that is--
(i) conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions; and
(ii) approved by the Secretary; or
(B) if conveyed by a method other than the methods
described in paragraph (2), by competitive sale.
(6) Hazardous substances.--
(A) In general.--In any conveyance of Federal land under
this section, the Secretary shall meet disclosure
requirements for hazardous substances, but shall otherwise
not be required to remediate or abate the substances.
(B) Effect.--Except as provided in subparagraph (A),
nothing in this subsection affects the application of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) to the
conveyances of Federal land.
(d) Proceeds From the Sale of Land.--The Secretary shall
deposit the proceeds of a conveyance of Federal land under
subsection (c) in the fund established under Public Law 90-
171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(e) Administration.--
(1) Costs.--As a condition of a conveyance of Federal land
to Collins Camp Properties under subsection (c), the
Secretary shall require Collins Camp Properties to pay at
closing--
(A) reasonable appraisal costs; and
(B) the cost of any administrative and environmental
analyses required by law (including regulations).
(2) Permits.--
(A) In general.--An offer by Collins Camp Properties for
the acquisition of the Federal land under subsection (c)
shall be accompanied by a written statement from each holder
of a Forest Service special use authorization with respect to
the Federal land that specifies that the holder agrees to
relinquish the special use authorization on the conveyance of
the Federal land to Collins Camp Properties.
(B) Special use authorizations.--If any holder of a special
use authorization described in subparagraph (A) fails to
provide a written authorization in accordance with
[[Page S4600]]
that subparagraph, the Secretary shall require, as a
condition of the conveyance, that Collins Camp Properties
administer the special use authorization according to the
terms of the special use authorization until the date on
which the special use authorization expires.
SEC. 8630. PURCHASE OF NATURAL RESOURCES CONSERVATION SERVICE
PROPERTY, RIVERSIDE COUNTY, CALIFORNIA.
(a) Findings.--Congress finds as follows:
(1) Since 1935, the United States has owned a parcel of
land in Riverside, California, consisting of approximately
8.75 acres, more specifically described in subsection (b)(1)
(in this section referred to as the ``property'').
(2) The property is under the jurisdiction of the
Department of Agriculture and has been variously used for
research and plant materials purposes.
(3) Since 1998, the property has been administered by the
Natural Resources Conservation Service of the Department of
Agriculture.
(4) Since 2002, the property has been co-managed under a
cooperative agreement between the Natural Resources
Conservation Service and the Riverside Corona Resource
Conservation District, which is a legal subdivision of the
State of California under section 9003 of the California
Public Resources Code.
(5) The Conservation District wishes to purchase the
property and use it for conservation, environmental, and
related educational purposes.
(6) As provided in subsection (b), the purchase of the
property by the Conservation District would promote the
conservation education and related activities of the
Conservation District and result in savings to the Federal
Government.
(b) Land Purchase, Natural Resources Conservation Service
Property, Riverside County, California.--
(1) Purchase authorized.--The Secretary shall sell and
quitclaim to the Riverside Corona Resource Conservation
District (in this section referred to as the ``Conservation
District'') all right, title, and interest of the United
States in and to a parcel of real property, including
improvements thereon, that is located at 4500 Glenwood Drive
in Riverside, California, consists of approximately 8.75
acres, and is administered by the Natural Resources
Conservation Service of the Department of Agriculture. As
necessary or desirable to facilitate the purchase of the
property under this subsection, the Secretary or the
Conservation District may survey all or portions of the
property.
(2) Consideration.--As consideration for the purchase of
the property under this subsection, the Conservation District
shall pay to the Secretary an amount equal to the appraised
value of the property.
(3) Prohibition on reservation of interest.--The Secretary
shall not reserve any future interest in the property to be
conveyed under this subsection, except such interest as may
be acceptable to the Conservation District.
(4) Hazardous substances.--Notwithstanding section 120(h)
of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9620(h)) or the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.), in the case of
the property purchased by the Conservation District under
this subsection, the Secretary shall be only required to meet
the disclosure requirements for hazardous substances,
pollutants, or contaminants, but shall otherwise not be
required to remediate or abate any such releases of hazardous
substances, pollutants, or contaminants, including petroleum
and petroleum derivatives.
(5) Cooperative authority.--
(A) Leases, contracts, and cooperative agreements
authorized.--In conjunction with, or in addition to, the
purchase of the property by the Conservation District under
this subsection, the Secretary may enter into leases,
contracts and cooperative agreements with the Conservation
District.
(B) Sole source.--Notwithstanding sections 3105, 3301, and
3303 to 3305 of title 41, United States Code, or any other
provision of law, the Secretary may lease real property from
the Conservation District on a noncompetitive basis.
(C) Non-exclusive authority.--The authority provided by
this subsection is in addition to any other authority of the
Secretary.
SEC. 8631. COLLABORATIVE FOREST LANDSCAPE RESTORATION
PROGRAM.
(a) Reauthorization.--Section 4003(f)(6) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(f)(6)) is
amended by striking ``$40,000,000 for each of fiscal years
2009 through 2019'' and inserting ``$80,000,000 for each of
fiscal years 2019 through 2023''.
(b) Reporting Requirements.--Section 4003(h) of the Omnibus
Public Land Management Act of 2009 (16 U.S.C. 7303(h)) is
amended--
(1) in paragraph (3), by striking ``and'' after the
semicolon;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and'';
(3) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively;
(4) by inserting after paragraph (2) the following:
``(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;''; and
(5) by adding at the end the following:
``(6) the Committee on Agriculture of the House of
Representatives.''.
SEC. 8632. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION
MANAGEMENT PILOT PROGRAM.
(a) Definitions.--In this section:
(1) National forest system land.--
(A) In general.--The term ``National Forest System land''
means land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)).
(B) Exclusions.--The term ``National Forest System land''
does not include--
(i) a National Grassland; or
(ii) a land utilization project on land designated as a
National Grassland and administered pursuant to sections 31,
32, and 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C.
1010, 1011, 1012).
(2) Passing wildfire.--The term ``passing wildfire'' means
a wildfire that originates outside of a right-of-way.
(3) Pilot program.--The term ``pilot program'' means the
pilot program established by the Secretary under subsection
(b).
(4) Right-of-way.--The term ``right-of-way'' means a
special use authorization issued by the Forest Service
allowing the placement of utility infrastructure.
(5) Utility infrastructure.--The term ``utility
infrastructure'' means electric transmission lines, natural
gas infrastructure, or related structures.
(b) Establishment.--To encourage owners or operators of
rights-of-way on National Forest System land to partner with
the Forest Service to voluntarily conduct vegetation
management projects on a proactive basis to better protect
utility infrastructure from potential passing wildfires, the
Secretary may establish a limited, voluntary pilot program,
in the manner described in this section, to conduct
vegetation management projects on National Forest System land
adjacent to or near those rights-of-way.
(c) Eligible Participants.--
(1) In general.--A participant in the pilot program shall
be the owner or operator of a right-of-way on National Forest
System land.
(2) Selection priority.--In selecting participants for the
pilot program, the Secretary shall give priority to an owner
or operator of a right-of-way that has worked with Forest
Service fire scientists and used technologies, such as light
detection and ranging surveys, to improve utility
infrastructure protection prescriptions.
(d) Vegetation Management Projects.--
(1) In general.--A vegetation management project conducted
under the pilot program shall involve only limited and
selective vegetation management activities that--
(A) shall create the least disturbance reasonably necessary
to protect utility infrastructure from passing wildfires
based on applicable models, including Forest Service fuel
models;
(B) may include thinning, fuel reduction, creation and
treatment of shaded fuel breaks, and other appropriate
measures;
(C) shall only be conducted on National Forest System
land--
(i) adjacent to the right-of-way of a participant; or
(ii) within 75 feet of the right-of-way of a participant;
and
(D) shall not be conducted on--
(i) a component of the National Wilderness Preservation
System;
(ii) a designated wilderness study area; or
(iii) an inventoried roadless area.
(2) Approval.--Each vegetation management project described
in paragraph (1) (including each vegetation management
activity described in subparagraphs (A) through (D) of that
paragraph) shall be subject to approval by the Forest Service
in accordance with this section.
(e) Project Costs.--
(1) In general.--Except as provided in paragraph (2), a
participant in the pilot program shall be responsible for all
costs, as determined by the Secretary, incurred in
participating in the pilot program.
(2) Federal funding.--The Secretary may contribute funds
for a vegetation management project conducted under the pilot
program if the Secretary determines that the contribution is
in the public interest.
(f) Liability.--
(1) In general.--Participation in the pilot program shall
not affect any legal obligations or liability standards
that--
(A) arise under the right-of-way for activities in the
right-of-way; or
(B) apply to fires resulting from causes other than
activities conducted pursuant to an approved vegetation
management project conducted under the pilot program.
(2) Project work.--A participant in the pilot program shall
not be liable to the United States for damage proximately
caused by an activity conducted pursuant to an approved
vegetation management project conducted under the pilot
program, unless--
(A) the activity was carried out in a manner that was
grossly negligent or that violated criminal law; or
(B) the damage was caused by the failure of the participant
to comply with specific safety requirements expressly imposed
by the Forest Service as a condition of participation in the
pilot program.
(g) Implementation.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall use the authority of the Secretary under
other laws (including regulations) to carry out the pilot
program.
(2) Modification of regulations.--In order to implement the
pilot program in an
[[Page S4601]]
efficient and expeditious manner, the Secretary may waive or
modify specific provisions of the Federal Acquisition
Regulation, including waivers or modifications to allow for
the formation of contracts or agreements on a noncompetitive
basis.
(h) Treatment of Proceeds.--Notwithstanding any other
provision of law, the Secretary may--
(1) retain any funds provided to the Forest Service by a
participant in the pilot program; and
(2) use funds retained under paragraph (1), in such amounts
as may be appropriated, to carry out the pilot program.
(i) Report to Congress.--Not later than December 31, 2020,
and 2 years thereafter, the Secretary shall submit a report
describing the status of the pilot program and vegetation
management projects conducted under the pilot program to--
(1) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
(2) the Committee on Agriculture of the House of
Representatives.
(j) Duration.--The authority to carry out the pilot
program, including any vegetation management project
conducted under the pilot program, expires on October 1,
2023.
SEC. 8633. OKHISSA LAKE RURAL ECONOMIC DEVELOPMENT LAND
CONVEYANCE.
(a) Definition of Alliance.--In this section, the term
``Alliance'' means the Scenic Rivers Development Alliance.
(b) Request.--Subject to the requirements of this section,
if the Alliance submits a written request for conveyance by
not later than 180 days after the date of enactment of this
Act and the Secretary determines that it is in the public
interest to convey the National Forest System Land described
in subsection (c), the Secretary shall convey to the Alliance
all right, title, and interest of the United States in and to
the National Forest System land described in subsection (c)
by quitclaim deed through a public or private sale, including
a competitive sale by auction or bid.
(c) Description of National Forest System Land.--
(1) In general.--Subject to paragraph (2), the National
Forest System land referred to in subsection (b) is the
approximately 150 acres of real property located in sec. 6,
T. 5 N. R. 4 E., Franklin County, Mississippi, and further
described as--
(A) the portion of the NW\1/4\ NW\1/4\ lying south of the
south boundary of Berrytown Road;
(B) the portion of the W\1/2\ NE\1/4\ NW\1/4\ lying south
of the south boundary of Berrytown Road;
(C) the portion of the SW\1/4\ NW\1/4\ lying east of the
east boundary of U.S. Highway 98;
(D) the W\1/2\ SE\1/4\ NW\1/4\;
(E) the portion of the NW\1/4\ SW\1/4\ lying east of the
east boundary of U.S. Highway 98;
(F) the portion of the NE\1/4\ SW\1/4\ commencing at the
southwest corner of the NE\1/4\ SW\1/4\, said point being the
point of beginning, thence running east 330 feet along the
south boundary of the NE\1/4\ SW\1/4\ to a point in Lake
Okhissa, thence running northeasterly to a point in Lake
Okhissa on the east boundary of the NE\1/4\ SW\1/4\ 330 feet
south of the northeast corner thereof, thence running north
330 feet along the east boundary of the NE\1/4\ SW\1/4\ to
the northeast corner thereof, thence running west along the
north boundary of the NE\1/4\ SW\1/4\ to the NW corner
thereof; thence running south along the west boundary of the
NE\1/4\ SW\1/4\ to the point of beginning; and
(G) the portion of the SE\1/4\ SE\1/4\ NW\1/4\ commencing
at the southeast corner of the SE\1/4\ NW\1/4\, said point
being the point of beginning, and running northwesterly to
the northwest corner of the SE\1/4\ SE1\1/4\ NW\1/4\, thence
running south along the west boundary of the SE\1/4\ SE\1/4\
NW\1/4\ to the southwest corner thereof, thence running east
along the south boundary of the SE\1/4\ SE\1/4\ NW\1/4\ to
the point of beginning.
(2) Survey.--The exact acreage and legal description of the
National Forest System land to be conveyed under this section
shall be determined by a survey satisfactory to the
Secretary.
(d) Consideration.--
(1) In general.--The consideration for the conveyance of
any National Forest System land under this section shall be--
(A) provided in the form of cash; and
(B) in an amount equal to the fair market value of the
National Forest System land being conveyed, as determined
under paragraph (2).
(2) Fair market value determination.--The fair market value
of the National Forest System land conveyed under this
section shall be determined--
(A) in the case of a method of conveyance described in
subsection (b), by an appraisal that is--
(i) conducted in accordance with the Uniform Appraisal
Standards for Federal Land Acquisitions; and
(ii) approved by the Secretary; or
(B) in the case of a conveyance by a method other than a
method described in subsection (b), by competitive sale.
(e) Terms and Conditions.--The conveyance under this
section shall be subject to--
(1) valid existing rights; and
(2) such other terms and conditions as the Secretary
considers to be appropriate to protect the interests of the
United States.
(f) Proceeds From Sale.--The Secretary shall deposit the
proceeds of the conveyance of any National Forest System land
under this section in the fund established under Public Law
90-171 (commonly known as the ``Sisk Act'') (16 U.S.C. 484a).
(g) Costs.--As a condition for the conveyance under this
section, the Secretary shall require the Alliance to pay at
closing--
(1) any reasonable appraisal costs; and
(2) the costs of any administrative or environmental
analysis required by applicable law (including regulations).
SEC. 8634. PRAIRIE DOGS.
(a) In General.--With respect to the grasslands plan
guidance of the Forest Service relating to prairie dogs, the
Chief of the Forest Service shall base policies of the Forest
Service on sound ecological and livestock management
principles.
(b) Grazing Allotments.--
(1) In general.--Subject to paragraph (3), not later than
180 days after the date of enactment of this Act, the Chief
of the Forest Service shall complete a report on the
percentage of prairie dogs occupying each total grazing
allotment acreage.
(2) Action required.--Not later than 1 year after the date
on which the report under paragraph (1) is completed and
subject to paragraph (3), the Chief of the Forest Service
shall take appropriate action based on the results of that
report.
(3) Requirement.--This section, including any actions taken
under paragraph (2), shall apply only to grazing allotments
where prairie dogs are present as of the date of enactment of
this Act.
PART III--TIMBER INNOVATION
SEC. 8641. DEFINITIONS.
In this part:
(1) Innovative wood product.--The term ``innovative wood
product'' means a type of building component or system that
uses large panelized wood construction, including mass
timber.
(2) Mass timber.--The term ``mass timber'' includes--
(A) cross-laminated timber;
(B) nail laminated timber;
(C) glue laminated timber;
(D) laminated strand lumber; and
(E) laminated veneer lumber.
(3) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Research and Development deputy area and
the State and Private Forestry deputy area of the Forest
Service.
(4) Tall wood building.--The term ``tall wood building''
means a building designed to be--
(A) constructed with mass timber; and
(B) more than 85 feet in height.
SEC. 8642. CLARIFICATION OF RESEARCH AND DEVELOPMENT PROGRAM
FOR WOOD BUILDING CONSTRUCTION.
(a) In General.--The Secretary shall conduct performance-
driven research and development, education, and technical
assistance for the purpose of facilitating the use of
innovative wood products in wood building construction in the
United States.
(b) Activities.--In carrying out subsection (a), the
Secretary shall--
(1) after receipt of input and guidance from, and
collaboration with, the wood products industry, conservation
organizations, and institutions of higher education, conduct
research and development, education, and technical assistance
at the Forest Products Laboratory or through the State and
Private Forestry deputy area that meets measurable
performance goals for the achievement of the priorities
described in subsection (c); and
(2) after coordination and collaboration with the wood
products industry and conservation organizations, make
competitive grants to institutions of higher education to
conduct research and development, education, and technical
assistance that meets measurable performance goals for the
achievement of the priorities described in subsection (c).
(c) Priorities.--The research and development, education,
and technical assistance conducted under subsection (a) shall
give priority to--
(1) ways to improve the commercialization of innovative
wood products;
(2) analyzing the safety of tall wood building materials;
(3) calculations by the Forest Products Laboratory of the
lifecycle environmental footprint, from extraction of raw
materials through the manufacturing process, of tall wood
building construction;
(4) analyzing methods to reduce the lifecycle environmental
footprint of tall wood building construction;
(5) analyzing the potential implications of the use of
innovative wood products in building construction on
wildlife; and
(6) 1 or more other research areas identified by the
Secretary, in consultation with conservation organizations,
institutions of higher education, and the wood products
industry.
(d) Timeframe.--To the maximum extent practicable, the
measurable performance goals for the research and
development, education, and technical assistance conducted
under subsection (a) shall be achievable within a 5-year
timeframe.
SEC. 8643. WOOD INNOVATION GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) an individual;
(B) a public or private entity (including a center of
excellence that consists of 1 or more partnerships between
forestry, engineering, architecture, or business schools at 1
or more institutions of higher education); or
(C) a State, local, or Tribal government.
[[Page S4602]]
(2) Secretary.--The term ``Secretary'' means the Secretary,
acting through the Chief of the Forest Service.
(b) Grant Program.--
(1) In general.--The Secretary, in carrying out the wood
innovation grant program of the Secretary described in the
notice of the Secretary entitled ``Request for Proposals:
2016 Wood Innovations Funding Opportunity'' (80 Fed. Reg.
63498 (October 20, 2015)), may make a wood innovation grant
to 1 or more eligible entities each year for the purpose of
advancing the use of innovative wood products.
(2) Proposals.--To be eligible to receive a grant under
this subsection, an eligible entity shall submit to the
Secretary a proposal at such time, in such manner, and
containing such information as the Secretary may require.
(c) Incentivizing Use of Existing Milling Capacity.--In
selecting among proposals of eligible entities under
subsection (b)(2), the Secretary shall give priority to
proposals that include the use or retrofitting (or both) of
existing sawmill facilities located in counties in which the
average annual unemployment rate exceeded the national
average unemployment rate by more than 1 percent in the
previous calendar year.
(d) Matching Requirement.--As a condition of receiving a
grant under subsection (b), an eligible entity shall provide
funds equal to the amount received by the eligible entity
under the grant, to be derived from non-Federal sources.
TITLE IX--ENERGY
SEC. 9101. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8101) is amended--
(1) in paragraph (4)(A), by striking ``agricultural
materials'' and inserting ``agricultural materials, renewable
chemicals,'';
(2) in paragraph (7)(A), by striking ``into biofuels and
biobased products'' and inserting the following: ``or an
intermediate ingredient or feedstock of renewable biomass
into any 1 or more, or a combination, of--
``(i) biofuels;
``(ii) renewable chemicals; or
``(iii) biobased products''; and
(3) in paragraph (16)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking ``(B)''
and inserting ``(C)''; and
(ii) by striking ``that--'' in the matter preceding clause
(i) and all that follows through the period at the end of
clause (ii) and inserting ``that produces usable energy from
a renewable energy source.'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) Inclusions.--The term `renewable energy system'
includes--
``(i) distribution components necessary to move energy
produced by a system described in subparagraph (A) to the
initial point of sale; and
``(ii) other components and ancillary infrastructure of a
system described in subparagraph (A), such as a storage
system.''.
SEC. 9102. BIOBASED MARKETS PROGRAM.
Section 9002 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8102) is amended--
(1) in subsection (a)(2)(A)(i)(III), by inserting ``,
acting through the rural development mission area (referred
to in this section as the `Secretary')'' before the period at
the end;
(2) in subsection (b)(2)(A), by adding at the end the
following:
``(iii) Renewable chemicals.--Not later than 90 days after
the date of enactment of this clause, the Secretary shall
update the criteria issued under clause (i) to provide
criteria for determining which renewable chemicals may
qualify to receive the label under paragraph (1).'';
(3) in subsection (f), by striking the subsection
designation and all that follows through ``The Secretary''
and inserting the following:
``(f) Manufacturers of Renewable Chemicals and Biobased
Products.--
``(1) NAICS codes.--The Secretary and the Secretary of
Commerce shall jointly develop North American Industry
Classification System codes for--
``(A) renewable chemicals manufacturers; and
``(B) biobased products manufacturers.
``(2) National testing center registry.--The Secretary'';
(4) by redesignating subsections (h) through (j) as
subsections (k) through (m), respectively;
(5) by inserting after subsection (g) the following:
``(h) Education and Outreach.--The Secretary, in
consultation with the Administrator, shall provide to
appropriate stakeholders education and outreach relating to--
``(1) the Federal procurement of biobased products under
subsection (a); and
``(2) the voluntary labeling program under subsection (b).
``(i) Streamlining.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall establish
guidelines for an integrated process under which biobased
products may be, in 1 expedited approval process--
``(A) determined to be eligible for a Federal procurement
preference under subsection (a); and
``(B) approved to use the `USDA Certified Biobased Product'
label under subsection (b).
``(2) Initiation.--The Secretary shall ensure that a review
of a biobased product under the integrated qualification
process established pursuant to paragraph (1) may be
initiated on receipt of a recommendation or petition from a
manufacturer, vendor, or other interested party.
``(3) Product designations.--The Secretary may issue a
product designation pursuant to subsection (a)(3)(B), or
approve the use of the `USDA Certified Biobased Product'
label under subsection (b), through streamlined procedures,
which shall not be subject to chapter 7 of title 5, United
States Code.
``(j) Requirement of Procuring Agencies.--A procuring
agency (as defined in subsection (a)(1)) shall not establish
regulations, guidance, or criteria regarding the procurement
of biobased products, pursuant to this section or any other
law, that impose limitations on that procurement that are
more restrictive than the limitations established by the
Secretary under the regulations to implement this section.'';
and
(6) in subsection (l) (as so redesignated)--
(A) in paragraph (1), by striking ``2018'' and inserting
``2023''; and
(B) in paragraph (2), by striking ``$2,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$3,000,000
for each of fiscal years 2019 through 2023''.
SEC. 9103. BIOREFINERY ASSISTANCE.
Section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) is amended--
(1) in subsection (b)(3)--
(A) in subparagraph (A), by striking ``produces an advanced
biofuel; and'' and inserting the following: ``produces any 1
or more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product; and''; and
(B) in subparagraph (B), by striking ``produces an advanced
biofuel.'' and inserting the following: ``produces any 1 or
more, or a combination, of--
``(i) an advanced biofuel;
``(ii) a renewable chemical; or
``(iii) a biobased product.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting a semicolon; and
(iii) by adding at the end the following:
``(iii) $100,000,000 for fiscal year 2019; and
``(iv) $50,000,000 for fiscal year 2020.''; and
(B) in paragraph (2), by striking ``2018'' and inserting
``2023''.
SEC. 9104. REPOWERING ASSISTANCE PROGRAM.
Section 9004 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8104) is repealed.
SEC. 9105. BIOENERGY PROGRAM FOR ADVANCED BIOFUEL.
Section 9005(g) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8105(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' at the end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) $15,000,000 for each of fiscal years 2019 through
2023.''; and
(2) in paragraph (2), by striking ``$20,000,000 for each of
fiscal years 2014 through 2018'' and inserting ``$15,000,000
for each of fiscal years 2019 through 2023''.
SEC. 9106. BIODIESEL FUEL EDUCATION PROGRAM.
Section 9006(d)(2) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8106(d)(2)) is amended by
striking ``2018'' and inserting ``2023''.
SEC. 9107. RURAL ENERGY FOR AMERICA PROGRAM.
Section 9007 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8107) is amended--
(1) in subsection (e), by striking ``(g)'' each place it
appears and inserting ``(f)'';
(2) by striking subsection (f);
(3) by redesignating subsection (g) as subsection (f); and
(4) in subsection (f) (as so redesignated), in paragraph
(3), by striking ``$20,000,000 for each of fiscal years 2014
through 2018'' and inserting ``$50,000,000 for each of fiscal
years 2019 through 2023''.
SEC. 9108. RURAL ENERGY SELF-SUFFICIENCY INITIATIVE.
Section 9009 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8109) is repealed.
SEC. 9109. FEEDSTOCK FLEXIBILITY PROGRAM FOR BIOENERGY
PRODUCERS.
Section 9010(b) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8110(b)) is amended, in paragraphs
(1)(A) and (2)(A), by striking ``2018'' each place it appears
and inserting ``2023''.
SEC. 9110. BIOMASS CROP ASSISTANCE PROGRAM.
Section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111) is amended--
(1) in subsection (a)(6)--
(A) in subparagraph (B)--
(i) in clause (ii)(II), by striking ``and'' at the end;
(ii) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iv) algae.''; and
(B) in subparagraph (C)--
[[Page S4603]]
(i) by striking clause (iv); and
(ii) by redesignating clauses (v) through (vii) as clauses
(iv) through (vi), respectively;
(2) in subsection (b)(2), by inserting ``(including
eligible material harvested for the purpose of hazardous
woody fuel reduction)'' after ``material''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``Of the funds'' and inserting the
following:
``(A) Mandatory funding.--Of the funds'';
(ii) in subparagraph (A) (as so designated), by striking
``2018'' and inserting ``2023''; and
(iii) by adding at the end the following:
``(B) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each of fiscal years 2019 through 2023.''; and
(B) in paragraph (3)--
(i) by striking the paragraph designation and heading and
all that follows through ``Effective'' in subparagraph (A)
and inserting the following:
``(3) Technical assistance.--Effective''; and
(ii) by striking subparagraph (B).
SEC. 9111. BIOGAS RESEARCH AND ADOPTION OF BIOGAS SYSTEMS.
Title IX of the Farm Security and Rural Investment Act of
2002 is amended by inserting after section 9011 (7 U.S.C.
8111) the following:
``SEC. 9012. BIOGAS RESEARCH AND ADOPTION OF BIOGAS SYSTEMS.
``(a) Definitions.--In this section:
``(1) Anaerobic digestion.--The term `anaerobic digestion'
means a biological process or series of biological
processes--
``(A) through which microorganisms break down biodegradable
material in the absence of oxygen; and
``(B) the end products of which are biogas and digested
materials.
``(2) Biogas.--The term `biogas' means a mixture of
primarily methane and carbon dioxide produced by the
bacterial decomposition of organic materials in the absence
of oxygen.
``(3) Biogas processing.--The term `biogas processing'
means the process by which water, carbon dioxide, and other
trace compounds are removed from biogas, as determined by the
end user.
``(4) Biogas system.--The term `biogas system' means a
system--
``(A) with the potential to capture and use biogas,
including biogas from organic waste, including animal manure,
food waste, waste from landfills, and wastewater; and
``(B) that includes--
``(i) the infrastructure necessary to manage the organic
waste referred to in subparagraph (A);
``(ii) the equipment necessary to generate--
``(I) electricity, heat, or fuel; and
``(II) biogas system co-products; and
``(iii) the equipment necessary for biogas processing.
``(5) Biogas system co-product.--The term `biogas system
co-product' means a nonenergy biogas system product produced
from digested material, including soil amendments,
fertilizers, compost, animal bedding, and feedstock for
plastics and chemicals.
``(6) Digested material.--The term `digested material'
means solid or liquid digested material--
``(A) produced by digesters; and
``(B) that contains nutrients and organic carbon.
``(b) Interagency Biogas Opportunities Task Force.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Agriculture Improvement Act of 2018,
the Secretary, acting jointly with the Secretary of Energy
and the Administrator, shall establish an Interagency Biogas
Opportunities Task Force (referred to in this subsection as
the `Task Force') that shall coordinate policies, programs,
and research to accelerate--
``(A) biogas research; and
``(B) investment in cost-effective biogas systems.
``(2) Membership.--The Task Force shall be composed of--
``(A) the head of each Federal office responsible for
biogas research or biogas system financing (or a designee),
including a representative from the Department of
Agriculture, the Department of Energy, and the Environmental
Protection Agency;
``(B) 1 or more representatives of State or local
governments, as determined by the Secretary, the Secretary of
Energy, and the Administrator;
``(C) 1 or more nongovernmental or industry stakeholders,
including 1 or more stakeholders from relevant industries, as
determined by the Secretary, the Secretary of Energy, and the
Administrator; and
``(D) 1 or more community stakeholders.
``(3) Duties of the task force.--In carrying out paragraph
(1), the Task Force shall--
``(A) evaluate and improve the coordination of loan and
grant programs of the Federal agencies represented on the
Task Force--
``(i) to broaden the financing options available for biogas
systems; and
``(ii) to enhance opportunities for private financing of
biogas systems;
``(B) review Federal procurement guidelines to ensure that
products of biogas systems are eligible for and promoted by
applicable procurement programs of the Federal Government;
``(C) in coordination with the Secretary of Commerce,
evaluate the development of North American Industry
Classification System and North American Product
Classification System codes for biogas and biogas system
products;
``(D) review opportunities and develop strategies to
overcome barriers to integrating biogas into electricity and
renewable natural gas markets;
``(E) develop tools to broaden the market for nonenergy
biogas system products, including by developing best
management practices for--
``(i) the use and land application of digestate to maximize
recovery of waste resources and minimize environmental and
public health risks; and
``(ii) the use of carbon dioxide from biogas processing;
``(F) provide information on the ability of biogas system
products to participate in markets that provide environmental
benefits;
``(G) identify and investigate research gaps in biogas and
anaerobic digestion technology, including research gaps in
environmental benefits, market assessment, and performance
standards;
``(H) assess the most cost-effective voluntary investments
in biogas to reduce waste and methane emissions; and
``(I) identify and advance additional priorities, as
determined by the Task Force.
``(4) Report.--Not later than 18 months after the date of
the establishment of the Task Force, the Task Force shall
submit to Congress a report that--
``(A) describes the steps taken by the Task Force to carry
out the duties of the Task Force under paragraph (3); and
``(B) identifies and prioritizes policies and technology
opportunities--
``(i) to expand the biogas industry;
``(ii) to eliminate barriers to investment in biogas
systems in the landfill, livestock, wastewater, and other
relevant sectors; and
``(iii) to enhance opportunities for private and public
sector partnerships to finance biogas systems.
``(c) Advancement of Biogas Research.--
``(1) Study on biogas.--
``(A) In general.--The Secretary, in coordination with the
Secretary of Energy and the Administrator, shall enter into
an agreement with the National Renewable Energy Laboratory to
conduct a study relating to biogas.
``(B) Study.--Under the agreement described in subparagraph
(A), the study conducted by the National Renewable Energy
Laboratory shall include an analysis of--
``(i) barriers to injecting biogas into existing natural
gas pipelines;
``(ii) methods for optimizing biogas systems, including
methods to obtain the highest energy output from biogas,
including through the use of co-digestion;
``(iii) opportunities for, and barriers to, the productive
use of biogas system co-products, carbon dioxide from biogas
processing, and recovered nutrients;
``(iv) the optimal configuration of local, State, or
regional infrastructure for the production of electricity,
heat, or fuel from biogas, including infrastructure for the
aggregation, cleaning, and pipeline injection of biogas; and
``(v) any other subject relating to biogas, as determined
by the Interagency Biogas Opportunities Task Force
established under subsection (b)(1).
``(C) Report.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Secretary shall submit to Congress a report on the study
conducted under this paragraph.
``(2) Collection of data for biogas markets.--The
Secretary, in coordination with the Secretary of Energy and
the Administrator, shall identify, collect, and analyze
environmental, technical, and economic performance data
relating to biogas systems, including the production of
energy of biogas systems, co-products, greenhouse gas and
other emissions, water quality benefits, and other data
necessary to develop markets for biogas and biogas system co-
products.''.
SEC. 9112. COMMUNITY WOOD ENERGY PROGRAM.
Section 9013(e) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8113(e)) is amended by striking
``2018'' and inserting ``2023''.
SEC. 9113. CARBON UTILIZATION EDUCATION PROGRAM.
Title IX of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8101 et seq.) is amended by adding at the end
the following:
``SEC. 9014. CARBON UTILIZATION EDUCATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Carbon dioxide.--The term `carbon dioxide' means
carbon dioxide that is produced as a byproduct of the
production of a biobased product.
``(2) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is--
``(i) an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from taxation under
501(a) of that Code; or
``(ii) an institution of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)));
``(B) has demonstrated knowledge about--
``(i) sequestration and utilization of carbon dioxide; or
[[Page S4604]]
``(ii) aggregation of organic waste from multiple sources
into a single biogas system; and
``(C) has a demonstrated ability to conduct educational and
technical support programs.
``(b) Establishment.--The Secretary, in consultation with
the Secretary of Energy, shall make competitive grants to
eligible entities--
``(1) to provide education to the public about the economic
and emissions benefits of permanent sequestration or
utilization of carbon dioxide; or
``(2) to provide education to biogas producers about
opportunities for aggregation of organic waste from multiple
sources into a single biogas system.
``(c) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use for each of
fiscal years 2019 through 2023--
``(A) $1,000,000 to carry out subsection (b)(1); and
``(B) $1,000,000 to carry out subsection (b)(2).
``(2) Discretionary funding.--There are authorized to be
appropriated for each of fiscal years 2019 through 2023--
``(A) $1,000,000 to carry out subsection (b)(1); and
``(B) $1,000,000 to carry out subsection (b)(2).''.
TITLE X--HORTICULTURE
SEC. 10101. SPECIALTY CROPS MARKET NEWS ALLOCATION.
Section 10107(b) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 1622b(b)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 10102. LOCAL AGRICULTURE MARKET PROGRAM.
(a) Purpose.--The purpose of this section is to combine the
purposes and coordinate the functions, as in effect on the
day before the date of enactment of this Act, of--
(1) the Farmers' Market and Local Food Promotion Program
established under section 6 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005); and
(2) the value-added agricultural product market development
grants under section 231(b) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(b)).
(b) Local Agriculture Market Program.--Subtitle A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is
amended by adding at the end the following:
``SEC. 210A. LOCAL AGRICULTURE MARKET PROGRAM.
``(a) Definitions.--In this section:
``(1) Beginning farmer or rancher.--The term `beginning
farmer or rancher' has the meaning given the term in section
343(a) of the Consolidated Farm and Rural Development Act (7
U.S.C. 1991(a)).
``(2) Direct producer-to-consumer marketing.--The term
`direct producer-to-consumer marketing' has the meaning given
the term `direct marketing from farmers to consumers' in
section 3 of the Farmer-to-Consumer Direct Marketing Act of
1976 (7 U.S.C. 3002).
``(3) Eligible activity.--The term `eligible activity'
means an activity described in subsection (d)(2) that is
carried out using a grant provided under subsection (d)(1).
``(4) Eligible entity.--The term `eligible entity' means--
``(A) a producer;
``(B) a producer network or association;
``(C) a farmer or rancher cooperative;
``(D) an agricultural business entity or majority-
controlled producer-based business venture;
``(E) a food council;
``(F) a local or Tribal government;
``(G) a nonprofit corporation;
``(H) an economic development corporation;
``(I) a public benefit corporation;
``(J) a community supported agriculture network or
association; and
``(K) a regional farmers' market authority.
``(5) Eligible partner.--The term `eligible partner'
means--
``(A) a State agency or regional authority;
``(B) a philanthropic organization;
``(C) a private corporation;
``(D) an institution of higher education;
``(E) a commercial, Federal, or Farm Credit System lending
institution; and
``(F) another entity, as determined by the Secretary.
``(6) Family farm.--The term `family farm' has the meaning
given the term in section 231(a) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1632a(a)).
``(7) Food council.--The term `food council' means a food
policy council or food and farm system network, as determined
by the Secretary, that--
``(A) represents--
``(i) multiple organizations involved in the production,
processing, and consumption of food; and
``(ii) local, Tribal, and State governments; and
``(B) addresses food and farm-related issues and needs
within city, county, State, Tribal region, multicounty
region, or other region designated by the food council or
food system network.
``(8) Majority-controlled producer-based business
venture.--
``(A) In general.--The term `majority-controlled producer-
based business venture' means a venture greater than 50
percent of the ownership and control of which is held by--
``(i) 1 or more producers; or
``(ii) 1 or more entities, 100 percent of the ownership and
control of which is held by 1 or more producers.
``(B) Entity described.--For purposes of subparagraph (A),
the term `entity' means--
``(i) a partnership;
``(ii) a limited liability corporation;
``(iii) a limited liability partnership; and
``(iv) a corporation.
``(9) Mid-tier value chain.--The term `mid-tier value
chain' means a local or regional supply network that links
independent producers with businesses and cooperatives that
market value-added agricultural products in a manner that--
``(A) targets and strengthens the profitability and
competitiveness of small and medium-sized farms and ranches
that are structured as a family farm; and
``(B) obtains agreement from an eligible agricultural
producer group, farmer or rancher cooperative, or majority-
controlled producer-based business venture that is engaged in
the value chain on a marketing strategy.
``(10) Partnership.--The term `partnership' means a
partnership entered into under an agreement between--
``(A) 1 or more eligible partners; and
``(B) 1 or more eligible entities.
``(11) Program.--The term `Program' means the Local
Agriculture Market Program established under subsection (b).
``(12) Regional food chain coordination.--The term
`regional food chain coordination' means coordination and
collaboration along the supply chain to increase connections
between producers and markets.
``(13) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(14) Socially disadvantaged farmer or rancher.--The term
`socially disadvantaged farmer or rancher' has the meaning
given the term in section 355(e) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2003(e)).
``(15) Value-added agricultural product.--The term `value-
added agricultural product' means any agricultural commodity
or product that--
``(A)(i) has undergone a change in physical state;
``(ii) was produced in a manner that enhances the value of
the agricultural commodity or product, as demonstrated
through a business plan that shows the enhanced value, as
determined by the Secretary;
``(iii) is physically segregated in a manner that results
in the enhancement of the value of the agricultural commodity
or product;
``(iv) is a source of farm- or ranch-based renewable
energy, including E-85 fuel; or
``(v) is aggregated and marketed as a locally produced
agricultural food product; and
``(B) as a result of the change in physical state or the
manner in which the agricultural commodity or product was
produced, marketed, or segregated--
``(i) the customer base for the agricultural commodity or
product is expanded; and
``(ii) a greater portion of the revenue derived from the
marketing, processing, or physical segregation of the
agricultural commodity or product is available to the
producer of the commodity or product.
``(16) Veteran farmer or rancher.--The term `veteran farmer
or rancher' has the meaning given the term in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a)).
``(b) Establishment and Purpose.--The Secretary shall
establish a program, to be known as the `Local Agriculture
Market Program', that--
``(1) supports the development, coordination, and expansion
of--
``(A) direct producer-to-consumer marketing;
``(B) local and regional food markets and enterprises; and
``(C) value-added agricultural products;
``(2) connects and cultivates regional food economies
through public-private partnerships;
``(3) supports the development of business plans,
feasibility studies, and strategies for local and regional
marketing opportunities;
``(4) strengthens capacity and regional food system
development through community collaboration and expansion of
mid-tier value chains;
``(5) improves income and economic opportunities for
producers and food businesses through job creation and
improved regional food system infrastructure; and
``(6) simplifies the application processes and the
reporting processes for the Program.
``(c) Regional Partnerships.--
``(1) Grants to support partnerships.--
``(A) In general.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service, in
accordance with the purposes of the Program described in
subsection (b), shall provide grants to support partnerships
to plan and develop a local or regional food system.
``(B) Geographical diversity.--To the maximum extent
practicable, the Secretary shall ensure geographical
diversity in selecting partnerships to receive grants under
subparagraph (A).
``(2) Authorities of partnerships.--A partnership receiving
a grant under paragraph (1) may--
``(A) determine the scope of the regional food system to be
developed, including goals, outreach objectives, and eligible
activities to be carried out;
``(B) determine the local, regional, State, multi-State, or
other geographic area covered;
[[Page S4605]]
``(C) create and conduct a feasibility study,
implementation plan, and assessment of eligible activities
under the partnership agreement;
``(D) conduct outreach and education to other eligible
entities and eligible partners for potential participation in
the partnership agreement and eligible activities;
``(E) describe measures to be taken through the partnership
agreement to obtain funding for the eligible activities to be
carried out under the partnership agreement;
``(F) at the request of a producer or eligible entity
desiring to participate in eligible activities under the
partnership agreement, act on behalf of the producer or
eligible entity in applying for a grant under subsection (d);
``(G) monitor, evaluate, and periodically report to the
Secretary on progress made toward achieving the objectives of
eligible activities under the partnership agreement; or
``(H) at the conclusion of the partnership agreement,
submit to the Secretary a report describing--
``(i) the results and effects of the partnership agreement;
and
``(ii) funds provided under paragraph (3).
``(3) Contribution.--A partnership receiving a grant under
paragraph (1) shall provide funding in an amount equal to not
less than 25 percent of the total amount of the Federal
portion of the grant.
``(4) Applications.--
``(A) In general.--To be eligible to receive a grant under
paragraph (1), a partnership shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary considers necessary to evaluate
and select applications.
``(B) Competitive process.--The Secretary--
``(i) shall conduct a competitive process to select
applications submitted under subparagraph (A);
``(ii) may assess and rank applications with similar
purposes as a group; and
``(iii) shall make public the criteria to be used in
evaluating applications prior to accepting applications.
``(C) Priority to certain applications.--The Secretary may
give priority to applications submitted under subparagraph
(A) that--
``(i)(I) leverage significant non-Federal financial and
technical resources; and
``(II) coordinate with other local, State, Tribal, or
national efforts; and
``(ii) cover an area that includes distressed low-income
rural or urban communities, including areas with persistent
poverty.
``(D) Producer or food business benefits.--
``(i) In general.--Except as provided in clause (ii), an
application submitted under subparagraph (A) shall include a
description of the direct or indirect producer or food
business benefits intended by the eligible entity to result
from the proposed project within a reasonable period of time
after the receipt of a grant.
``(ii) Exception.--Clause (i) shall not apply to a planning
or feasibility project.
``(5) Technical assistance.--On request of an eligible
entity, an eligible partner, or a partnership, the Secretary
may provide technical assistance in carrying out a
partnership agreement.
``(d) Development Grants.--
``(1) In general.--Under the Program, the Secretary may
provide grants to eligible entities to carry out, in
accordance with purposes of the Program described in
subsection (b), activities described in paragraph (2).
``(2) Eligible activities.--An eligible entity may use a
grant provided under paragraph (1)--
``(A) to support and promote--
``(i) domestic direct producer-to-consumer marketing;
``(ii) farmers' markets;
``(iii) roadside stands;
``(iv) agritourism activities,
``(v) community-supported agriculture programs; or
``(vi) online sales;
``(B) to support local and regional food business
enterprises that engage as intermediaries in indirect
producer-to-consumer marketing;
``(C) to support the processing, aggregation, distribution,
and storage of local and regional food products that are
marketed locally or regionally;
``(D) to encourage the development of new food products and
value-added agricultural products;
``(E) to assist with business development and feasibility
studies;
``(F) to develop marketing strategies for producers of
local food products and value-added agricultural products in
new and existing markets;
``(G) to facilitate regional food chain coordination and
mid-tier value chain development;
``(H) to promote new business opportunities and marketing
strategies to reduce on-farm food waste;
``(I) to respond to changing technology needs in direct
producer-to-consumer marketing; or
``(J) to cover expenses relating to costs incurred in--
``(i) obtaining food safety certification; and
``(ii) making changes and upgrades to practices and
equipment to improve food safety.
``(3) Criteria and guidelines.--
``(A) In general.--The Secretary shall establish criteria
and guidelines for the submission, evaluation, and funding of
proposed projects under paragraph (1) as the Secretary
determines are appropriate.
``(B) Producer or food business benefits.--
``(i) In general.--Except as provided in clause (ii), an
application submitted for a grant under paragraph (1) shall
include a description of the direct or indirect producer or
food business benefits intended by the eligible entity to
result from the proposed project within a reasonable period
of time after the receipt of the grant.
``(ii) Exception.--Clause (i) shall not apply to a planning
or feasibility project.
``(4) Amount.--Unless otherwise determined by the
Secretary, the amount of a grant under this subsection shall
be not more than $500,000.
``(5) Development grants available to producers.--In the
case of a grant provided under paragraph (1) to an eligible
entity described in any of subparagraphs (A) through (D) of
subsection (a)(4), the following shall apply:
``(A) Administration.--The Secretary shall carry out this
subsection through the Administrator of the Rural Business-
Cooperative Service, in coordination with the Administrator
of the Agricultural Marketing Service.
``(B) Priorities.--The Secretary shall give priority to
applications--
``(i) in the case of an application submitted by a
producer, that are submitted by, or serve--
``(I) beginning farmers or ranchers;
``(II) socially disadvantaged farmers or ranchers;
``(III) operators of small or medium sized farms or ranches
that are structured as family farms; or
``(IV) veteran farmers or ranchers; and
``(ii) in the case of an application submitted by an
eligible entity described in any of subparagraphs (B) through
(D) of subsection (a)(4), that provide the greatest
contribution to creating or increasing marketing
opportunities for producers described in subclauses (I)
through (IV) of clause (i).
``(C) Limitation on use of funds.--
``(i) In general.--Except as provided in clause (ii), an
eligible entity may not use a grant for the purchase or
construction of a building, general purpose equipment, or
structure.
``(ii) Exception.--An eligible entity may use not more than
$6,500 of the amount of a grant for an eligible activity
described in paragraph (2)(J) to purchase or upgrade
equipment to improve food safety.
``(D) Matching funds.--An eligible entity receiving a grant
shall provide matching funds in the form of cash or an in-
kind contribution in an amount that is equal to 50 percent of
the total amount of the grant.
``(6) Development grants for other eligible entities.--In
the case of a grant provided under paragraph (1) to an
eligible entity described in any of subparagraphs (E) through
(K) of subsection (a)(4), the following shall apply:
``(A) Administration.--The Secretary shall carry out this
subsection through the Administrator of the Agricultural
Marketing Service, in coordination with the Administrator of
the Rural Business-Cooperative Service.
``(B) Priorities.--The Secretary shall give priority to
applications that--
``(i) benefit underserved communities, including
communities that are located in areas of concentrated poverty
with limited access to fresh locally or regionally grown
food; or
``(ii) are used to carry out eligible activities under a
partnership agreement under subsection (c).
``(C) Limitation on use of funds.--
``(i) In general.--Except as provided in clause (ii), an
eligible entity may not use a grant for the purchase or
construction of a building, general purpose equipment, or
structure.
``(ii) Exception.--An eligible entity may use not more than
$6,500 of the amount of a grant for an eligible activity
described in paragraph (2)(J) to purchase or upgrade
equipment to improve food safety.
``(D) Matching funds.--An eligible entity receiving a grant
shall provide matching funds in the form of cash or an in-
kind contribution in an amount that is equal to 25 percent of
the total amount of the Federal portion of the grant.
``(e) Simplification of Application and Reporting
Processes.--
``(1) Applications.--The Secretary shall establish a
simplified application form for eligible entities that--
``(A) request less than $50,000 under subsection (d); or
``(B) apply for grants under subsection (d) through
partnership agreements under subsection (c).
``(2) Reporting.--The Secretary shall--
``(A) streamline and simplify the reporting process for
eligible entities; and
``(B) obtain from eligible entities and maintain such
information as the Secretary determines is necessary to
administer and evaluate the Program.
``(f) Cooperative Extension Service.--In carrying out the
Program, the Secretary, acting through the Administrator of
the Agricultural Marketing Service or the Administrator of
the Rural Business Cooperative Service, may coordinate with a
cooperative extension service to provide Program technical
assistance and outreach to eligible entities and eligible
partners.
[[Page S4606]]
``(g) Interdepartmental Coordination.--In carrying out the
Program, to the maximum extent practicable, the Secretary
shall ensure coordination among Federal agencies.
``(h) Evaluation.--
``(1) In general.--Using amounts made available under
subsection (i)(3)(E), the Secretary shall conduct an
evaluation of the Program that--
``(A) measures the economic impact of the Program on new
and existing market outcomes;
``(B) measures the effectiveness of the Program in
improving and expanding--
``(i) the regional food economy through public and private
partnerships;
``(ii) the production of value-added agricultural products;
``(iii) producer-to-consumer marketing, including direct
producer-to-consumer marketing;
``(iv) local and regional food systems, including regional
food chain coordination and business development;
``(v) new business opportunities and marketing strategies
to reduce on-farm food waste;
``(vi) the use of new technologies in producer-to-consumer
marketing, including direct producer-to-consumer marketing;
and
``(vii) the workforce and capacity of regional food
systems; and
``(C) provides a description of--
``(i) each partnership agreement; and
``(ii) each grant provided under subsection (d).
``(2) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the evaluation conducted under
paragraph (1), including a thorough analysis of the outcomes
of the evaluation.
``(i) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $60,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
fiscal year 2019 and each fiscal year thereafter, to remain
available until expended.
``(3) Allocation of funds.--
``(A) Regional partnerships.--Of the funds made available
to carry out this section for a fiscal year, 10 percent shall
be used to provide grants to support partnerships under
subsection (c).
``(B) Development grants for producers.--
``(i) In general.--Subject to clause (ii), of the funds
made available to carry out this section for a fiscal year,
35 percent shall be used for grants under subsection (d)(5).
``(ii) Reservation of funds.--
``(I) Majority-controlled producer-based business
ventures.--The total amount of grants under subsection (d)(5)
provided to majority-controlled producer-based business
ventures for a fiscal year shall not exceed 10 percent of the
amount allocated under clause (i).
``(II) Beginning, veteran, and socially disadvantaged
farmers and ranchers.--Of the funds made available for grants
under subsection (d)(5), 10 percent shall be reserved for
grants provided to beginning, veteran, and socially
disadvantaged farmers or ranchers.
``(III) Mid-tier value chains.--Of the funds made available
for grants under subsection (d)(5), 10 percent shall be
reserved for grants to develop mid-tier value chains.
``(IV) Food safety assistance.--Of the funds made available
for grants under subsection (d)(5), not more than 25 percent
shall be reserved for grants for eligible activities
described in subsection (d)(2)(J).
``(C) Development grants for other eligible entities.--Of
the funds made available to carry out this section for a
fiscal year, 47 percent shall be used for grants under
subsection (d)(6).
``(D) Unobligated funds.--Any funds under subparagraph (A),
(B), or (C) that are not obligated for the uses described in
that subparagraph, as applicable, by September 30 of the
fiscal year for which the funds were made available--
``(i) shall be available to the agency carrying out the
Program with the unobligated funds to carry out any function
of the Program, as determined by the Secretary; and
``(ii) may carry over to the next fiscal year.
``(E) Administrative expenses.--Not greater than 8 percent
of amounts made available to provide grants under subsections
(c) and (d)(6) for a fiscal year may be used for
administrative expenses.''.
(c) Conforming Amendments.--
(1) Agricultural marketing resource center pilot project.--
Section 231 of the Agricultural Risk Protection Act of 2000
(7 U.S.C. 1632a) is amended--
(A) by striking the section heading and inserting
``agricultural marketing resource center pilot project.'';
(B) by striking subsections (a), (b), (d), and (e);
(C) in subsection (c)--
(i) by redesignating paragraphs (1) and (2) as subsections
(a) and (b), respectively, and indenting appropriately; and
(ii) by striking the subsection designation and heading;
(D) in subsection (a) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``Notwithstanding'' and all that follows through ``paragraph
(2)'' and inserting the following: ``The Secretary shall not
use more than 2.5 percent of the funds made available to
carry out the Local Agriculture Market Program established
under section 210A of the Agricultural Marketing Act of 1946
to establish a pilot project (to be known as the
`Agricultural Marketing Resource Center') at an eligible
institution described in subsection (b)''; and
(ii) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively, and indenting
appropriately; and
(E) in subsection (b) (as so redesignated)--
(i) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and indenting
appropriately; and
(ii) in paragraph (1) (as so redesignated), by striking
``paragraph (1)(A)'' and inserting ``subsection (a)(1)''.
(2) Agriculture innovation center demonstration program.--
Section 6402(f) of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 1632b(f)) is amended in the matter
preceding paragraph (1) by striking ``section 231(d) of the
Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621 note;
Public Law 106-224))'' and inserting ``section 210A(d)(2) of
the Agricultural Marketing Act of 1946''.
(3) Local food production and program evaluation.--Section
10016(b)(3)(B) of the Agricultural Act of 2014 (7 U.S.C.
2204h(b)(2)(B)) is amended by striking ``Farmers' Market and
Local Food Promotion Program established under section 6 of
the Farmer-to-Consumer Direct Marketing Act of 1976 (7 U.S.C.
3005)'' and inserting ``Local Agriculture Market Program
established under section 210A of the Agricultural Marketing
Act of 1946''.
(4) Program metrics.--Section 6209(a) of the Agricultural
Act of 2014 (7 U.S.C. 2207b(a)) is amended by striking
paragraph (1) and inserting the following:
``(1) section 210A of the Agricultural Marketing Act of
1946;''.
(5) Farmer-to-consumer direct marketing act of 1976.--
(A) Section 4 of the Farmer-to-Consumer Direct Marketing
Act of 1976 (7 U.S.C. 3003) is amended--
(i) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(ii) by adding at the end the following:
``(b) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.''.
(B) Sections 6, 7, and 8 of the Farmer-to-Consumer Direct
Marketing Act of 1976 (7 U.S.C. 3005, 3006; 90 Stat. 1983)
are repealed.
SEC. 10103. ORGANIC PRODUCTION AND MARKET DATA INITIATIVES.
Section 7407(d) of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 5925c(d)) is amended--
(1) in paragraph (1)--
(A) in the paragraph heading, by striking ``through fiscal
year 2012''; and
(B) by striking ``$5,000,000, to remain available until
expended.'' and inserting the following: ``, to remain
available until expended--
``(A) $5,000,000 for each of the periods of fiscal years
2008 through 2012 and 2014 through 2018; and
``(B) $5,000,000 for the period of fiscal years 2019
through 2023.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2) (as so redesignated)--
(A) by striking ``paragraphs (1) and (2)'' and inserting
``paragraph (1)''; and
(B) by striking ``2018'' and inserting ``2023''.
SEC. 10104. ORGANIC CERTIFICATION.
(a) Exclusions From Certification.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
issue regulations to limit the type of organic operations
that are excluded from certification under section 205.101 of
title 7, Code of Federal Regulations, and from certification
under any other related sections under part 205 of title 7,
Code of Federal Regulations.
(b) Definitions.--Section 2103 of the Organic Foods
Production Act of 1990 (7 U.S.C. 6502) is amended--
(1) in paragraph (3)--
(A) by striking ``The term'' and inserting the following:
``(A) In general.--The term''; and
(B) by adding at the end the following:
``(B) Foreign operations.--When used in the context of a
certifying agent operating in a foreign country, the term
`certifying agent' includes a certifying agent--
``(i) accredited in accordance with section 2106(b)(1); or
``(ii) accredited by a foreign government that acted under
an equivalency arrangement negotiated between the United
States and the foreign government.'';
(2) by redesignating paragraphs (13) through (21) as
paragraphs (14) through (22), respectively; and
(3) by inserting after paragraph (12) the following:
``(13) National organic program import certificate.--The
term `national organic program import certificate' means a
form developed for purposes of the program under this title--
``(A) to provide documentation sufficient to verify that an
agricultural product imported for sale in the United States
satisfies the requirement under section 2106(b)(1); and
[[Page S4607]]
``(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.''.
(c) Documentation and Traceability Enhancement; Data
Collection.--Section 2106(b) of the Organic Foods Production
Act of 1990 (7 U.S.C. 6505(b)) is amended--
(1) by striking ``Imported'' and inserting the following:
``(1) Accreditation of foreign organic certification
program.--Imported''; and
(2) by adding at the end the following:
``(2) Import certification.--
``(A) Import certificates.--For an agricultural product
being imported into the United States to be represented as
organically produced, the Secretary shall require the
agricultural product to be accompanied by a complete and
valid national organic program import certificate, which
shall be available as an electronic record.
``(B) Tracking system.--
``(i) In general.--The Secretary shall establish a system
to track national organic program import certificates.
``(ii) Integration.--In establishing the system under
clause (i), the Secretary may integrate the system into any
existing information tracking systems for imports of
agricultural products.
``(3) Modernization of trade tracking and data collection
systems.--
``(A) In general.--The Secretary shall modernize
international trade tracking and data collection systems of
the national organic program established under this title.
``(B) Activities.--In carrying out subparagraph (A), the
Secretary shall modernize trade and transaction certificates
to ensure full traceability to the port of entry without
unduly hindering trade, such as through an electronic trade
document exchange system.
``(4) Reports.--
``(A) In general.--On an annual basis, the Secretary shall
submit to Congress and make publically available on the
website of the Department of Agriculture a report providing
detailed quantitative data on imports of organically produced
agricultural products accepted into the United States during
the year covered by the report.
``(B) Requirements.--The data described in subparagraph (A)
shall be broken down by agricultural product type, quantity,
value, and month.
``(C) Exception.--Any data that is specific enough to be
protected as confidential business information shall not be
provided in the report under subparagraph (A).''.
(d) Accreditation Program.--Section 2115 of the Organic
Foods Production Act of 1990 (7 U.S.C. 6514) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Oversight of Satellite Offices and Foreign
Operations.--As part of the accreditation of certifying
agents under this section, the Secretary shall oversee any
certifying agent operating in a foreign country.''; and
(3) in subsection (d) (as so redesignated)--
(A) by striking ``section shall'' and inserting the
following: ``section--
``(1) subject to paragraph (2), shall''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``of''; and
(ii) by striking ``Secretary, and may'' and inserting the
following: ``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''.
(e) National Organic Standards Board.--Section 2119(i) of
the Organic Foods Production Act of 1990 (7 U.S.C. 6518(i))
is amended--
(1) by striking ``Two-thirds'' and inserting the following:
``(1) In general.--\2/3\''; and
(2) by adding at the end the following:
``(2) National list.--Any vote on a motion proposing to
amend the national list shall be considered to be a decisive
vote that requires \2/3\ of the votes cast at a meeting of
the Board at which a quorum is present to prevail.''.
(f) Investigations.--Section 2120(b) of the Organic Foods
Production Act (7 U.S.C. 6519(b)) is amended by adding at the
end the following:
``(3) Information sharing during active investigation.--In
carrying out this title, all parties conducting an active
investigation under this subsection (including certifying
agents, State organic certification programs, and the
national organic program) shall share confidential business
information with Federal and State government officers and
employees and certifying agents involved in the investigation
as necessary to fully investigate and enforce potential
violations of this title.
``(4) Expedited procedures for foreign operations.--
``(A) Establishment.--The Secretary shall establish
expedited investigative procedures under this subsection to
review the accreditation of a certifying agent operating in a
foreign country under any of the circumstances described in
subparagraph (B).
``(B) Expedited procedures.--The Secretary shall promptly
carry out expedited investigative procedures established
under subparagraph (A) to review the accreditation of a
certifying agent operating in a foreign country if--
``(i) the accreditation of the certifying agent is revoked
by a foreign government--
``(I) operating an organic certification program described
in section 2106(b)(1); or
``(II) that acted under an equivalency arrangement
negotiated between the United States and the foreign
government; or
``(ii) the Secretary determines that there is a sudden and
substantial increase in the rate and quantity of imports of
an individual organically produced agricultural product from
the foreign country, in which case the expedited
investigative procedures shall be carried out with respect to
each certifying agent of that agricultural product in that
foreign country.''.
(g) Data Organization and Access.--Section 2122 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6521) is
amended by adding at the end the following:
``(c) Data Relating to Imports of Organically Produced
Agricultural Products.--
``(1) Access to data documentation systems.--The head of
each Federal agency that administers a cross-border
documentation system shall provide to the head of each other
Federal agency that administers such a system access to
available data from the system, including--
``(A) the Automated Commercial Environment system of U.S.
Customs and Border Protection; and
``(B) the Phytosanitary Certificate Issuance and Tracking
System of the Animal and Plant Health Inspection Service.
``(2) Data collection and organization system.--
``(A) In general.--The Secretary shall establish a new
system or modify an existing data collection and organization
system to collect and organize in a single system
quantitative data on imports of each organically produced
agricultural product accepted into the United States.
``(B) Access.--The single system under subparagraph (A)
shall be accessible by any agency with the authority to
engage in--
``(i) inspection of imports of agricultural products;
``(ii) trade data collection and organization; or
``(iii) enforcement of trade requirements for organically
produced agricultural products.''.
(h) Organic Agricultural Product Imports Interagency
Working Group.--The Organic Foods Production Act of 1990 is
amended by inserting after section 2122 (7 U.S.C. 6521) the
following:
``SEC. 2122A. ORGANIC AGRICULTURAL PRODUCT IMPORTS
INTERAGENCY WORKING GROUP.
``(a) Establishment.--
``(1) In general.--The Secretary and the Secretary of
Homeland Security shall jointly establish a working group to
facilitate coordination and information sharing between the
Department of Agriculture and U.S. Customs and Border
Protection relating to imports of organically produced
agricultural products (referred to in this section as the
`working group').
``(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) reporting to Congress on--
``(i) enforcement activity carried out by the Department of
Agriculture or U.S. Customs and Border Protection in the
United States or abroad; and
``(ii) barriers to preventing agricultural products
fraudulently represented as organically produced from entry
into the United States.
``(4) Designated employees and officials.--An employee or
official designated to carry out the duties of the Secretary
or the Secretary of Homeland Security on the working group
under subparagraph (A) or (B) of paragraph (2) shall be an
employee or official compensated at a rate of pay not less
than the minimum annual rate of basic pay for GS-12 under
section 5332 of title 5, United States Code.
``(b) Reports.--On an annual basis, the working group shall
submit to Congress and make publically available on the
websites of the Department of Agriculture and U.S. Customs
and Border Protection the following reports:
``(1) Organic trade enforcement interagency coordination
report.--A report--
[[Page S4608]]
``(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 outcome-based goals for ensuring imports
of agricultural products represented as organically produced
meet the requirements under this title;
``(D) recommending steps to improve the documentation and
traceability of imported organically produced agricultural
products;
``(E) recommending and describing steps toward the goals
of--
``(i) achieving complete 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;
``(F) providing a timeline for implementing the steps
described in subparagraph (E);
``(G) identifying additional resources needed to achieve
any unmet goals; and
``(H) describing staffing needs at U.S. Customs and Border
Protection and the Department of Agriculture to achieve the
goals for ensuring organic integrity described in the report.
``(2) Report on enforcement actions taken on organic
imports.--A report--
``(A) providing detailed quantitative data (broken down by
commodity type, quantity, value, month, and origin) on
imports of agricultural products represented as organically
produced found to be fraudulent or lacking any documentation
required under this title at the port of entry during the
report year;
``(B) providing data on domestic enforcement actions taken
on imported agricultural products represented as organically
produced, including--
``(i) the number and type of actions taken by United States
officials at ports of entry in response to violations of this
title; and
``(ii) the total quantity and value of the agricultural
products that were the subject of the actions, broken down by
product variety and country of origin;
``(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.''.
(i) Authorization of Appropriations.--Section 2123 of the
Organic Foods Production Act of 1990 (7 U.S.C. 6522) is
amended--
(1) by striking the section heading and inserting
``funding'';
(2) in subsection (b), by striking paragraphs (1) through
(7) and inserting the following:
``(1) $15,000,000 for fiscal year 2018;
``(2) $16,500,000 for fiscal year 2019;
``(3) $18,000,000 for fiscal year 2020;
``(4) $20,000,000 for fiscal year 2021;
``(5) $22,000,000 for fiscal year 2022; and
``(6) $24,000,000 for fiscal year 2023.''; and
(3) by adding at the end the following:
``(d) Modernization of Trade Tracking and Data Collection
Systems.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out section
2106(b)(3) $5,000,000 for fiscal year 2019, to remain
available until expended.
``(2) Additional amount.--The amount made available under
paragraph (1) shall be in addition to any other amounts made
available to carry out section 2106(b)(3).''.
(j) Trade Savings Provision.--The amendments made by
subsections (c), (d), and (f) shall be carried out in a
manner consistent with United States obligations under
international agreements.
SEC. 10105. NATIONAL ORGANIC CERTIFICATION COST-SHARE
PROGRAM.
(a) Elimination of Directed Delegation.--Section 10606(a)
of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 6523(a)) is amended by striking ``(acting through the
Agricultural Marketing Service)''.
(b) Funding.--Section 10606 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 6523) is amended by striking
subsection (d) and inserting the following:
``(d) Mandatory Funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall make available to
carry out this section $11,500,000 for each of fiscal years
2019 through 2023, to remain available until expended.''.
SEC. 10106. FOOD SAFETY EDUCATION INITIATIVES.
Section 10105(c) of the Food, Conservation, and Energy Act
of 2008 (7 U.S.C. 7655a(c)) is amended by striking ``2018''
and inserting ``2023''.
SEC. 10107. SPECIALTY CROP BLOCK GRANTS.
Section 101 of the Specialty Crops Competitiveness Act of
2004 (7 U.S.C. 1621 note; Public Law 108-465) is amended--
(1) in subsection (a), by striking ``2018'' and inserting
``2023'';
(2) in subsection (e)--
(A) by striking ``shall identify'' and inserting the
following: ``shall--
``(1) identify'';
(B) in paragraph (1) (as so designated), by striking ``plan
and indicate'' and inserting the following: ``plan;
``(2) indicate'';
(C) in paragraph (2) (as so designated), by striking
``crops.'' and inserting ``crops at the national, regional,
and local levels;''; and
(D) by adding at the end the following:
``(3) include performance measures developed by the State
department of agriculture, in consultation with specialty
crop stakeholders, to be used as the primary means for
performing an evaluation; and
``(4) provide best practices for methods used to enhance
the competitiveness of specialty crops across multiple
commodities, types of production, and geographic
locations.'';
(3) in subsection (f)--
(A) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(2) Acceptance or rejection.--The Secretary'';
(B) in the matter preceding paragraph (2) (as so
designated), by striking ``In reviewing'' and inserting the
following:
``(1) In general.--In reviewing''; and
(C) in paragraph (1) (as so designated)--
(i) by striking ``would carry'' and inserting the
following: ``would--
``(A) carry''; and
(ii) in subparagraph (A) (as so designated), by striking
``(a).'' and inserting the following: ``(a); and
``(B) meet the requirements described in subsection (e).'';
(4) in subsection (h)--
(A) in the paragraph heading, by inserting ``and
Evaluation'' after ``Audit'';
(B) in the second sentence, by striking ``Not later than 30
days after the completion of the audit,'' and inserting the
following:
``(2) Submission of audit.--Not later than 30 days after
the completion of the audit under paragraph (1)(A),'';
(C) in the matter preceding paragraph (2) (as so
designated), by striking ``For each'' and inserting the
following:
``(1) In general.--For each''; and
(D) in paragraph (1) (as so designated)--
(i) by striking ``conduct an audit'' and inserting the
following: ``conduct--
``(A) an audit''; and
(ii) in subparagraph (A) (as so designated), by striking
``State.'' and inserting the following: ``State; and
``(B) an evaluation of performance measures developed under
subsection (e)(3).'';
(5) in subsection (k)--
(A) in paragraph (1), by striking ``3'' and inserting
``4'';
(B) in paragraph (2), by striking ``8'' and inserting
``9''; and
(C) by adding at the end the following:
``(3) Guidance.--
``(A) In general.--Each year, prior to the submission of
State plans under subsection (d), the Secretary shall provide
guidance to States regarding best practices and national and
regional priorities.
``(B) National and regional priorities.--National and
regional priorities described in subparagraph (A) shall be--
``(i) based on formal stakeholder input; and
``(ii) considered by the Secretary as States develop State
plans under subsection (d).
``(4) Multistate projects.--Notwithstanding subsection (a)
and paragraph (1), the Administrator of the Agricultural
Marketing Service shall administer the funds of approved
multistate projects under subsection (j).''; and
(6) in subsection (l)(2)(E), by inserting ``and each fiscal
year thereafter'' before the period at the end.
SEC. 10108. PLANT VARIETY PROTECTION.
Section 42(a) of the Plant Variety Protection Act (7 U.S.C.
2402(a)) is amended in the matter preceding paragraph (1) by
striking ``or tuber propagated'' and inserting ``tuber
propagated or asexually propagated''.
SEC. 10109. MULTIPLE CROP AND PESTICIDE USE SURVEY.
(a) In General.--The Secretary, acting through the Director
of the Office of Pest Management Policy, shall conduct a
multiple crop and pesticide use survey of farmers to collect
data for risk assessment modeling and mitigation for an
active ingredient.
(b) Submission.--The Secretary shall submit to the
Administrator of the Environmental Protection Agency and make
publically available the survey described in subsection (a).
(c) Authorization of Appropriations.--There is authorized
to be appropriated to
[[Page S4609]]
carry out this section $2,500,000, to remain available until
expended.
(d) Confidentiality of Information.--Section 1770 of the
Food Security Act of 1985 (7 U.S.C. 2276) is amended--
(1) in subsection (a)--
(A) by striking ``(a) In the case'' and inserting the
following:
``(a) In General.--In the case''; and
(B) in paragraph (3), by striking ``subsection (d)(12)''
and inserting ``paragraph (12) or (13) of subsection (d)'';
and
(2) in subsection (d)--
(A) by striking ``(d) For purposes'' and inserting the
following:
``(d) Provisions of Law References.--For purposes'';
(B) in paragraph (11), by striking ``or'' at the end;
(C) in paragraph (12), by striking the period at the end
and inserting ``; or''; and
(D) by adding at the end the following:
``(13) section 10109 of the Agriculture Improvement Act of
2018.''.
SEC. 10110. CLARIFICATION OF USE OF FUNDS FOR TECHNICAL
ASSISTANCE.
Section 11 of the Commodity Credit Corporation Charter Act
(15 U.S.C. 714i) is amended in the last sentence by inserting
after ``activities'' the following: ``but excluding any
amounts used to provide technical assistance under title X of
the Agriculture Improvement Act of 2018 or an amendment made
by that title.''.
SEC. 10111. HEMP PRODUCTION.
The Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et
seq.) is amended by adding at the end the following:
``Subtitle G--Hemp Production
``SEC. 297A. DEFINITIONS.
``In this subtitle:
``(1) Hemp.--The term `hemp' means the plant Cannabis
sativa L. and any part of that plant, including the seeds
thereof and all derivatives, extracts, cannabinoids, isomers,
acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration of not more
than 0.3 percent on a dry weight basis.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Secretary.--The term `Secretary' means the Secretary
of Agriculture.
``(4) State.--The term `State' means--
``(A) a State;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico; and
``(D) any other territory or possession of the United
States.
``(5) State department of agriculture.--The term `State
department of agriculture' means the agency, commission, or
department of a State government responsible for agriculture
in the State.
``(6) Tribal government.--The term `Tribal government'
means the governing body of an Indian tribe.
``SEC. 297B. STATE AND TRIBAL PLANS.
``(a) Submission.--
``(1) In general.--A State or Indian tribe desiring to have
primary regulatory authority over the production of hemp in
the State or territory of the Indian tribe shall submit to
the Secretary, through the State department of agriculture
(in consultation with the Governor and chief law enforcement
officer of the State) or the Tribal government, as
applicable, a plan under which the State or Indian tribe
monitors and regulates that production as described in
paragraph (2).
``(2) Contents.--A State or Tribal plan referred to in
paragraph (1)--
``(A) shall only be required to include--
``(i) a practice to maintain relevant information regarding
land on which hemp is produced in the State or territory of
the Indian tribe, including a legal description of the land,
for a period of not less than 3 calendar years;
``(ii) a procedure for testing, using post-decarboxylation
or other similarly reliable methods, delta-9
tetrahydrocannabinol concentration levels of hemp produced in
the State or territory of the Indian tribe;
``(iii) a procedure for the effective disposal of products
that are produced in violation of this subtitle;
``(iv) a procedure to comply with the enforcement
procedures under subsection (d);
``(v) a procedure for conducting annual inspections of a
random sample of hemp producers--
``(I) to verify that hemp is not produced in violation of
this subtitle; and
``(II) in a manner that ensures that a hemp producer is
subject to not more than 1 inspection each year; and
``(vi) a certification that the State or Indian tribe has
the resources and personnel to carry out the practices and
procedures described in clauses (i) through (v); and
``(B) may include any other practice or procedure
established by a State or Indian tribe, as applicable, to the
extent that the practice or procedure is consistent with this
subtitle.
``(3) Relation to state and tribal law.--
``(A) No preemption.--Nothing in this subsection preempts
or limits any law of a State or Indian tribe regulating the
production of hemp, to the extent that law is consistent with
this subtitle.
``(B) References in plans.--A State or Tribal plan referred
to in paragraph (1) may include a reference to a law of the
State or Indian tribe regulating the production of hemp, to
the extent that law is consistent with this subtitle.
``(b) Approval.--
``(1) In general.--Not later than 60 days after receipt of
a State or Tribal plan under subsection (a), the Secretary
shall--
``(A) approve the State or Tribal plan if the State or
Tribal plan complies with subsection (a); or
``(B) disapprove the State or Tribal plan only if the State
or Tribal plan does not comply with subsection (a).
``(2) Amended plans.--If the Secretary disapproves a State
or Tribal plan under paragraph (1)(B), the State, through the
State department of agriculture (in consultation with the
Governor and chief law enforcement officer of the State) or
the Tribal government, as applicable, may submit to the
Secretary an amended State or Tribal plan that complies with
subsection (a).
``(3) Consultation.--The Secretary may consult with the
Attorney General in carrying out this subsection.
``(c) Technical Assistance.--The Secretary may provide
technical assistance to a State or Indian tribe in the
development of a State or Tribal plan under subsection (a).
``(d) Violations.--
``(1) In general.--A violation of a State or Tribal plan
approved under subsection (b) shall be subject to enforcement
solely in accordance with this subsection.
``(2) Negligent violations.--
``(A) In general.--A hemp producer in a State or the
territory of an Indian tribe for which a State or Tribal plan
is approved under subsection (b) shall be subject to
subparagraph (B) of this paragraph if the State department of
agriculture or Tribal government, as applicable, determines
that the hemp producer has negligently violated the State or
Tribal plan, including by negligently--
``(i) failing to provide a legal description of land on
which the producer produces hemp;
``(ii) failing to obtain a license or other required
authorization from the State department of agriculture or
Tribal government, as applicable; or
``(iii) producing Cannabis sativa L. with a delta-9
tetrahydrocannabinol concentration of more than 0.3 percent
on a dry weight basis.
``(B) Corrective action plan.--A hemp producer described in
subparagraph (A) shall comply with a plan established by the
State department of agriculture or Tribal government, as
applicable, to correct the negligent violation, including--
``(i) a reasonable date by which the hemp producer shall
correct the negligent violation; and
``(ii) a requirement that the hemp producer shall
periodically report to the State department of agriculture or
Tribal government, as applicable, on the compliance of the
hemp producer with the State or Tribal plan for a period of
not less than the next 2 calendar years.
``(C) Result of negligent violation.--Except as provided in
subparagraph (D), a hemp producer that negligently violates a
State or Tribal plan under subparagraph (A) shall not as a
result of that violation be subject to any criminal or civil
enforcement action by the Federal Government or any State
government, Tribal government, or local government other than
the enforcement action authorized under subparagraph (B).
``(D) Repeat violations.--A hemp producer that negligently
violates a State or Tribal plan under subparagraph (A) 3
times in a 5-year period shall be ineligible to produce hemp
for a period of 5 years beginning on the date of the third
violation.
``(3) Other violations.--
``(A) In general.--If the State department of agriculture
or Tribal government in a State or the territory of an Indian
tribe for which a State or Tribal plan is approved under
subsection (b), as applicable, determines that a hemp
producer in the State or territory has violated the State or
Tribal plan with a culpable mental state greater than
negligence--
``(i) the State department of agriculture or Tribal
government, as applicable, shall immediately report the hemp
producer to--
``(I) the Attorney General; and
``(II) in the case of a State department of agriculture,
the chief law enforcement officer of the State; and
``(ii) paragraph (1) of this subsection shall not apply to
the violation.
``(B) Felony.--Any person convicted of a felony relating to
a controlled substance under State or Federal law shall be
ineligible--
``(i) to participate in the program established under this
section; and
``(ii) to produce hemp under any regulations or guidelines
issued under section 297D(a).
``(C) False statement.--Any person who materially falsifies
any information contained in an application to participate in
the program established under this section shall be
ineligible to participate in that program.
``(e) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section.
``(f) Effect.--Nothing in this section prohibits the
production of hemp in a State or the territory of an Indian
tribe for which a State or Tribal plan is not approved under
this section in accordance with section 297C or other Federal
laws (including regulations).
``SEC. 297C. DEPARTMENT OF AGRICULTURE.
``(a) Department of Agriculture Plan.--
[[Page S4610]]
``(1) In general.--In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under
section 297B, the production of hemp in that State or the
territory of that Indian tribe shall be subject to a plan
established by the Secretary to monitor and regulate that
production in accordance with paragraph (2).
``(2) Content.--A plan established by the Secretary under
paragraph (1) shall include--
``(A) a practice to maintain relevant information regarding
land on which hemp is produced in the State or territory of
the Indian tribe, including a legal description of the land,
for a period of not less than 3 calendar years;
``(B) a procedure for testing, using post-decarboxylation
or other similarly reliable methods, delta-9
tetrahydrocannabinol concentration levels of hemp produced in
the State or territory of the Indian tribe;
``(C) a procedure for the effective disposal of products
that are produced in violation of this subtitle;
``(D) a procedure to comply with the enforcement procedures
under subsection (c)(2);
``(E) a procedure for conducting annual inspections of a
random sample of hemp producers--
``(i) to verify that hemp is not produced in violation of
this subtitle; and
``(ii) in a manner that ensures that a hemp producer is
subject to not more than 1 inspection each year; and
``(F) such other practices or procedures as the Secretary
considers to be appropriate, to the extent that the practice
or procedure is consistent with this subtitle.
``(b) Licensing.--The Secretary shall establish a procedure
to issue licenses to hemp producers in accordance with a plan
established under subsection (a).
``(c) Violations.--
``(1) In general.--In the case of a State or Indian tribe
for which a State or Tribal plan is not approved under
section 297B, it shall be unlawful to produce hemp in that
State or the territory of that Indian tribe without a license
issued by the Secretary under subsection (b).
``(2) Negligent and other violations.--A violation of a
plan established under subsection (a) shall be subject to
enforcement in accordance with paragraphs (2) and (3) of
section 297B(d), except that the Secretary shall carry out
that enforcement instead of a State department of agriculture
or Tribal government.
``(3) Reporting to attorney general.--In the case of a
State or Indian tribe covered by paragraph (1), the Secretary
shall report the production of hemp without a license issued
by the Secretary under subsection (b) to the Attorney
General.
``SEC. 297D. AUTHORITY TO ISSUE REGULATIONS AND GUIDELINES;
EFFECT ON OTHER LAW.
``(a) Authority.--
``(1) In general.--The Secretary shall have sole authority
to issue Federal regulations and guidelines that relate to
the production of hemp, including Federal regulations and
guidelines that relate to the implementation of sections 297B
and 279C.
``(2) Consultation with attorney general.--The Secretary
may consult with the Attorney General before issuing
regulations and guidelines under paragraph (1).
``(b) Effect on Other Law.--Nothing in this subtitle shall
affect or modify--
``(1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.); or
``(2) the authority of the Commissioner of Food and Drugs
and the Secretary of Health and Human Services under that
Act.''.
SEC. 10112. RULE OF CONSTRUCTION.
Nothing in this title authorizes interference with the
interstate commerce of hemp (as defined in section 297A of
the Agricultural Marketing Act of 1946, as added by section
10111).
TITLE XI--CROP INSURANCE
SEC. 11101. DEFINITIONS.
Section 502(b) of the Federal Crop Insurance Act (7 U.S.C.
1502(b)) is amended--
(1) by redesignating paragraphs (6), (7), (8), (9), (10),
and (11) as paragraphs (7), (8), (10), (11), (12), and (13)
respectively;
(2) by inserting after paragraph (5) the following:
``(6) Cover crop termination.--The term `cover crop
termination' means a practice that historically and under
reasonable circumstances results in the termination of the
growth of a cover crop.''; and
(3) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Hemp.--The term `hemp' has the meaning given the term
in section 297A of the Agricultural Marketing Act of 1946.''.
SEC. 11102. DATA COLLECTION.
Section 506(h)(2) of the Federal Crop Insurance Act (7
U.S.C. 1506(h)(2)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(B) National agricultural statistics service.--Data
collected by the National Agricultural Statistics Service,
whether published or unpublished, shall be--
``(i) provided in an aggregate form to the Corporation for
the purpose of providing insurance under this subtitle; and
``(ii) kept confidential by the Corporation in the same
manner and to the same extent as is required under--
``(I) section 1770 of the Food Security Act of 1985 (7
U.S.C. 2276); and
``(II) the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note;
Public Law 107-347).
``(C) Noninsured crop disaster assistance program.--In
collecting data under this subsection, the Secretary shall
ensure that--
``(i) appropriate data are collected through the noninsured
crop disaster assistance program established by section 196
of the Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 7333); and
``(ii) not less frequently than annually, the Farm Service
Agency shares, and the Corporation considers, the data
described in clause (i).''.
SEC. 11103. SHARING OF RECORDS.
Section 506(h)(3) of the Federal Crop Insurance Act (7
U.S.C. 1506(h)(3)) is amended by inserting ``applicants who
have received payment under section 522(b)(2)(E),'' after
``divisions,''.
SEC. 11104. USE OF RESOURCES.
Section 507(f) of the Federal Crop Insurance Act (7 U.S.C.
1507(f)) is amended--
(1) by striking paragraphs (3) and (4) and inserting the
following:
``(3) the Farm Service Agency, in assisting the Board in--
``(A) the determination of individual producer yields;
``(B) sharing information on beginning farmers and ranchers
and veteran farmers and ranchers;
``(C) investigating potential waste, fraud, or abuse;
``(D) sharing information to support the transition of
crops and counties from the noninsured crop disaster
assistance program established by section 196 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
7333) to insurance under this subtitle; and
``(E) serving as a local point of contact for the
dissemination of information on risk management options
available to farmers and ranchers; and
``(4) other Federal agencies, in assisting the Board in any
way the Board determines is necessary in carrying out this
subtitle.'';
(2) in paragraph (2), by striking ``(2) the'' and inserting
the following:
``(2) the''; and
(3) by striking ``(f) The Board'' in the matter preceding
paragraph (1) and all that follows through the semicolon at
the end of paragraph (1) and inserting the following:
``(f) Use of Resources, Data, Boards, and Committees of
Federal Agencies.--The Board shall use, to the maximum extent
practicable, the resources, data, boards, and the committees
of--
``(1) the Natural Resources Conservation Service, in
assisting the board in--
``(A) the classification of land as to risk and production
capability;
``(B) the assessment of--
``(i) long-term trends in, and impacts from, weather
variability; and
``(ii) opportunities to ameliorate the impacts described in
clause (i); and
``(C) the consideration of acceptable conservation
practices, including good farming practices with respect to
conservation (such as cover crop termination);''.
SEC. 11105. SPECIALTY CROPS.
(a) Specialty Crops Coordinator.--Section 507(g) of the
Federal Crop Insurance Act (7 U.S.C. 1507(g)) is amended by
adding at the end the following:
``(4) Specialty crop liaisons.--The Specialty Crops
Coordinator shall--
``(A) designate a Specialty Crops Liaison in each regional
field office; and
``(B) share the contact information of the Specialty Crops
Liaisons with specialty crop producers.
``(5) Website.--
``(A) In general.--The Specialty Crops Coordinator shall
establish a website focused on the efforts of the Corporation
to provide and expand crop insurance for specialty crop
producers.
``(B) Inclusions.--The website established under
subparagraph (A) shall include--
``(i) an online mechanism to provide comments or feedback
relating to specialty crops;
``(ii) a calendar of opportunities to provide comments or
feedback at specialty crop events or in other public forums;
and
``(iii) a plan, with projected completion dates, for
examining--
``(I) potential new crops to be added to existing policies
or plans of insurance for specialty crops;
``(II) opportunities to expand existing policies or plans
of insurance for specialty crops to new areas; and
``(III) the potential for providing additional policies or
plans of insurance for specialty crops, such as adding a
revenue option or endorsement.''.
(b) Addition of Specialty Crops and Other Value-added
Crops.--Section 508(a)(6) of the Federal Crop Insurance Act
(7 U.S.C. 1508(a)(6)) is amended--
(1) in the paragraph heading, by adding at the end the
following: ``(including value-added crops)'';
(2) by striking subparagraph (A) and inserting the
following:
``(A) Annual review.--Not later than 1 year after the date
of enactment of the Agriculture Improvement Act of 2018, and
annually thereafter, the manager of the Corporation shall
prepare, to the maximum extent practicable, based on data
shared from the noninsured crop disaster assistance program
established by section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333), written
agreements, or
[[Page S4611]]
other data, and present to the Board not less than 2 of each
of the following:
``(i) Research and development for a policy or plan of
insurance for a new crop.
``(ii) Expansion of an existing policy or plan of insurance
to additional counties or States, including malting barley
endorsements or contract options.
``(iii) Research and development for a new policy or plan
of insurance, or endorsement, for crops with existing
policies or plans of insurance, such as dollar plans.'';
(3) in subparagraph (B), in the subparagraph heading, by
striking ``Addition of new crops'' and inserting ``Report'';
and
(4) by striking subparagraphs (C) and (D).
SEC. 11106. INSURANCE PERIOD.
Section 508(a)(2) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(2)) is amended by striking ``and sweet
potatoes'' and inserting ``sweet potatoes, and hemp''.
SEC. 11107. COVER CROPS.
Section 508(a) of the Federal Crop Insurance Act (7 U.S.C.
1508(a)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(iii), by striking ``practices'' the
first place it appears and all that follows through the
period at the end and inserting ``practices.'';
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(C) by inserting after subparagraph (A) the following:
``(B) Voluntary good farming practices.--
``(i) In general.--Subject to clause (ii), the following
voluntary practices shall be considered good farming
practices under subparagraph (A)(iii):
``(I) A scientifically sound, sustainable, and organic
farming practice, as determined by the Secretary.
``(II) A conservation activity or enhancement (including
cover crops) that is approved by the Natural Resources
Conservation Service or an agricultural expert, as determined
by the Secretary.
``(ii) Expected growth.--A practice described in subclause
(I) or (II) of clause (i) shall be considered a good farming
practice only if under that practice the insured crop may be
expected to make normal progress toward maturity under
typical growing conditions, as determined by the
Secretary.''; and
(D) in subparagraph (C) (as so redesignated), in the
subparagraph heading, by inserting ``determination review''
after ``practices''; and
(2) by adding at the end the following:
``(11) Cover crop termination.--
``(A) In general.--Cover crop termination shall not affect
the insurability of a subsequently planted insurable crop if
the cover crop termination is carried out according to
guidelines--
``(i) established by the Secretary; or
``(ii) approved by--
``(I) the Natural Resources Conservation Service; or
``(II) an agricultural expert, as determined by the
Corporation.
``(B) Summer fallow.--In a county in which summer fallow is
an insurable practice, a cover crop in that county that is
terminated according to guidelines established by the
Secretary shall be considered as summer fallow for the
purpose of insurability.''.
SEC. 11108. UNDERSERVED PRODUCERS.
Section 508(a)(7) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(7)) is amended--
(1) in the paragraph heading, by inserting ``and
underserved producers'' after ``states'';
(2) in subparagraph (A)--
(A) by striking the designation and heading and all that
follows through ``the term'' and inserting the following:
``(A) Definitions.--In this paragraph:
``(i) Adequately served.--The term'';
(B) in clause (i) (as so designated), by striking
``participation rate'' and inserting ``participation rate, by
crop,''; and
(C) by adding at the end the following:
``(ii) Underserved producer.--The term `underserved
producer' means a beginning farmer or rancher, a veteran
farmer or rancher, or a socially disadvantaged farmer or
rancher.'';
(3) in subparagraph (B)--
(A) by striking ``The Board'' and inserting the following:
``(i) In general.--The Board'';
(B) in clause (i) (as so designated), by striking
``subtitle'' and inserting ``subtitle, including policies and
plans of insurance for underserved producers,''; and
(C) by adding at the end the following:
``(ii) Types of production.--In conducting the review under
clause (i), the Board shall examine the types of production
common among underserved producers, such as diversified
production for local markets.''; and
(4) by striking subparagraph (C) and inserting the
following:
``(C) Report.--
``(i) In general.--Not later than 30 days after completion
of the review under subparagraph (B)(i), and not less
frequently than once every 3 years thereafter, the Board
shall make publically available and submit to the Committee
on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the results of the review.
``(ii) Recommendations.--The report under clause (i) shall
include recommendations to increase participation in States
and among underserved producers that are not adequately
served by the policies and plans of insurance, including any
plans for administrative action or recommendations for
Congressional action.''.
SEC. 11109. EXPANSION OF PERFORMANCE-BASED DISCOUNT.
Section 508(d)(3) of the Federal Crop Insurance Act (7
U.S.C. 1508(d)(3)) is amended--
(1) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--The Corporation''; and
(2) by adding at the end the following:
``(A) Risk-reducing practice discount.--
``(i) In general.--Beginning with the 2020 reinsurance
year, the Corporation may offer discounts under subparagraph
(A) for practices that can be demonstrated to reduce risk
relative to other practices.
``(ii) Review.--In determining practices for which to offer
discounts under clause (i), the Corporation shall--
``(I) for the 2020 reinsurance year, consider precision
irrigation or fertilization, crop rotations, cover crops, and
any other practices determined appropriate by the
Corporation; and
``(II) on an annual basis, seek expert opinion and consider
additional practices based on new evidence.''.
SEC. 11110. ENTERPRISE UNITS.
Section 508(e)(5) of the Federal Crop Insurance Act (7
U.S.C. 1508(e)(5)) is amended by adding at the end the
following:
``(E) Enterprise units across county lines.--The
Corporation may allow a producer to establish a single
enterprise unit by combining an enterprise unit with--
``(i) 1 or more other enterprise units in 1 or more other
counties; or
``(ii) all basic units and all optional units in 1 or more
other counties.''.
SEC. 11111. PASTURE, RANGELAND, AND FORAGE POLICY FOR MEMBERS
OF INDIAN TRIBES.
Section 508(e)(7) of the Federal Crop Insurance Act (7
U.S.C. 1508(e)(7)) is amended by adding at the end the
following:
``(D) Pasture, rangeland, and forage policy for members of
indian tribes.--With respect to a policy or plan of insurance
established under this subtitle for producers of livestock
commodities the source of feedstock of which is pasture,
rangeland, and forage, the premium subsidy for a member of an
Indian tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304)),
as certified to the Secretary by the Chairperson of that
Indian tribe (or a designee), shall be 90 percent for the
first purchase of that policy or plan of insurance by that
member of an Indian tribe.''.
SEC. 11112. SUBMISSION OF POLICIES AND MATERIALS TO BOARD.
Section 508(h) of the Federal Crop Insurance Act (7 U.S.C.
1508(h)) is amended--
(1) in paragraph (1)(B)--
(A) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
appropriately;
(B) in the matter preceding subclause (I) (as so
redesignated), by striking ``The Corporation shall'' and
inserting the following:
``(i) In general.--The Corporation shall'';
(C) in clause (i)(I) (as so redesignated), by inserting
``subject to clause (ii),'' before ``will likely''; and
(D) by adding at the end the following:
``(ii) Waiver for hemp.--The Corporation may waive the
viability and marketability requirement under clause (i)(I)
in the case of a policy or pilot program relating to the
production of hemp.''; and
(2) in paragraph (3)(C)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(iv) in the case of reviewing policies and other
materials relating to the production of hemp, may waive the
viability and marketability requirement under subparagraph
(A)(ii)(I).''.
SEC. 11113. WHOLE FARM REVENUE AGENT INCENTIVES.
Section 508(k)(4) of the Federal Crop Insurance Act (7
U.S.C. 1508(k)(4)) is amended by adding at the end the
following:
``(G) Whole farm revenue agent incentives.--
``(i) In general.--Beginning with the 2019 reinsurance
year, in the case of an agent that sells a Whole Farm Revenue
Policy, or a successor policy, the Corporation shall provide
to the approved insurance provider, to pay to the agent, an
additional reimbursement, determined in accordance with the
following:
``(I) If the compensation of the agent authorized under the
Standard Reinsurance Agreement for the policy is less than
$1,000, the reimbursement shall be an amount equal to the
difference between--
``(aa) $1,000; and
``(bb) the amount authorized under the Standard Reinsurance
Agreement for the policy.
``(II) If the producer, or any entity in which the producer
had an insurable interest, has never previously obtained
coverage under a Whole Farm Revenue Policy, or a successor
policy, in addition to any amount authorized under subclause
(I), the reimbursement shall be $300 for each Whole Farm
Revenue Policy, or successor policy.
``(ii) Limitation on use.--Any additional reimbursement
authorized under clause (i)
[[Page S4612]]
shall not be included for the purpose of establishing the
limitation on the compensation for agents under the Standard
Reinsurance Agreement.''.
SEC. 11114. CROP PRODUCTION ON NATIVE SOD.
Section 508(o) of the Federal Crop Insurance Act (7 U.S.C.
1508(o)) is amended--
(1) in paragraph (2), by striking subparagraph (A) and
inserting the following:
``(A) In general.--
``(i) Agricultural act of 2014.--Native sod acreage that
has been tilled for the production of an insurable crop
during the period beginning on February 8, 2014, and ending
on the date of enactment of the Agriculture Improvement Act
of 2018 shall be subject to 4 cumulative years of a reduction
in benefits under this subtitle as described in this
paragraph.
``(ii) Subsequent years.--
``(I) Non-hay and non-forage crops.--As determined by the
Secretary, native sod acreage that has been tilled for the
production of an insurable crop other than a hay or forage
crop after the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to 4 cumulative
years of a reduction in benefits under this subtitle as
described in this paragraph.
``(II) Hay and forage crops.--During each crop year of
planting, as determined by the Secretary, native sod acreage
that has been tilled for the production of an insurable hay
or forage crop after the date of enactment of the Agriculture
Improvement Act of 2018 shall be subject to 4 cumulative
years of a reduction in benefits under this subtitle as
described in this paragraph.'';
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (2) the following:
``(3) Native sod conversion certification.--
``(A) Certification.--As a condition on the receipt of
benefits under this subtitle, a producer that has tilled
native sod acreage for the production of an insurable crop as
described in paragraph (2)(A) shall certify to the Secretary
that acreage using--
``(i) an acreage report form of the Farm Service Agency
(FSA-578 or any successor form); and
``(ii) 1 or more maps.
``(B) Corrections.--Beginning on the date on which a
producer submits a certification under subparagraph (A), as
soon as practicable after the producer discovers a change in
tilled native sod acreage described in that subparagraph, the
producer shall submit to the Secretary any appropriate
corrections to a form or map described in clause (i) or (ii)
of that subparagraph.
``(C) Annual reports.--Not later than January 1, 2019, and
each January 1 thereafter through January 1, 2023, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that describes
the tilled native sod acreage that has been certified under
subparagraph (A) in each county and State as of the date of
submission of the report.''; and
(4) in paragraph (4) (as so redesignated)--
(A) by striking ``This subsection'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), this
subsection''; and
(B) by adding at the end the following:
``(B) Election.--A governor of a State other than a State
described in subparagraph (A) may elect to have this
paragraph apply to the State.''.
SEC. 11115. USE OF NATIONAL AGRICULTURAL STATISTICS SERVICE
DATA TO COMBAT WASTE, FRAUD, AND ABUSE.
Section 515 of the Federal Crop Insurance Act (7 U.S.C.
1515) is amended--
(1) in subsection (d)(1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(D) using published aggregate data from the National
Agricultural Statistics Service or any other data source to--
``(i) detect yield disparities or other data anomalies that
indicate potential fraud; and
``(ii) target the relevant counties, crops, regions,
companies, or agents associated with that potential fraud for
audits and other enforcement actions.''; and
(2) in subsection (f)(2)(A), by striking ``pursuant to''
each place it appears and inserting ``under''.
SEC. 11116. SUBMISSION OF INFORMATION TO CORPORATION.
Section 515(g) of the Federal Crop Insurance Act (7 U.S.C.
1515(g)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(D) The actual production history to be used to establish
insurable yields.''; and
(2) in paragraph (2)--
(A) by striking ``The information required by paragraph
(1)'' and inserting the following:
``(A) In general.--The information required to be submitted
under subparagraphs (A) through (C) of paragraph (1)''; and
(B) by adding at the end the following:
``(B) Actual production history.--The information required
to be submitted under paragraph (1)(D) with respect to an
applicable policy or plan of insurance shall be submitted so
as to ensure receipt by the Corporation not later than the
Saturday of the week containing the calendar day that is 30
days after the applicable production reporting date for the
crop to be insured.''.
SEC. 11117. ACREAGE REPORT STREAMLINING INITIATIVE.
Section 515(j)(1)(B)(ii) of the Federal Crop Insurance Act
(7 U.S.C. 1515(j)(1)(B)(ii)) is amended--
(1) by striking ``As soon'' and inserting the following:
``(I) In general.--As soon'';
(2) in subclause (I) (as so designated), by striking
``information'' and inserting ``information, electronically
(including in the form of geospatial data) or
conventionally,'' and
(3) by adding at the end the following:
``(II) Method for determining common information
requirements.--Not later than September 30, 2020, the
Administrator of the Risk Management Agency and the
Administrator of the Farm Service Agency shall implement a
consistent method for determining crop acreage, acreage
yields, farm acreage, property descriptions, and other common
informational requirements, including measures of common land
units.
``(III) Acceptance of data.--The Corporation shall require
each approved insurance provider to accept from a producer or
an authorized agent of a producer reports of crop acreage,
acreage yields, and other information electronically
(including in the form of geospatial data) or conventionally,
at the option of the producer or the agent of the producer,
as applicable.''.
SEC. 11118. CONTINUING EDUCATION FOR LOSS ADJUSTERS AND
AGENTS.
Section 515 of the Federal Crop Insurance Act (7 U.S.C.
1515) is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following:
``(k) Continuing Education for Loss Adjusters and Agents.--
``(1) In general.--The Corporation shall establish
requirements for continuing education for loss adjusters and
agents of approved insurance providers.
``(2) Requirements.--The requirements for continuing
education described in paragraph (1) shall ensure that loss
adjusters and agents of approved insurance providers are
familiar with appropriate conservation activities and
agronomic practices that--
``(A) are common and appropriate to the area in which the
insured crop being inspected is produced; and
``(B) include organic and sustainable practices.''.
SEC. 11119. FUNDING FOR INFORMATION TECHNOLOGY.
Section 515 of the Federal Crop Insurance Act (7 U.S.C.
1515) is amended in subsection (l)(1)(A) (as redesignated by
section 11118(1))--
(1) by striking clause (ii);
(2) in clause (i)--
(A) by striking ``(i)(I) for'' and inserting the following:
``(i) for'';
(B) by striking ``and'' at the end; and
(C) by redesignating subclause (II) as clause (ii);
(3) in clause (ii) (as so redesignated), by striking ``or''
at the end and inserting ``and''; and
(4) by inserting after clause (ii) (as so redesignated) the
following:
``(iii) for each of fiscal years 2019 and 2020,
$1,000,000.''.
SEC. 11120. AGRICULTURAL COMMODITY.
Section 518 of the Federal Crop Insurance Act (7 U.S.C.
1518) is amended by inserting ``hemp,'' before ``aquacultural
species''.
SEC. 11121. REIMBURSEMENT OF RESEARCH, DEVELOPMENT, AND
MAINTENANCE COSTS.
Section 522(b) of the Federal Crop Insurance Act (7 U.S.C.
1522(b)) is amended--
(1) in paragraph (2), by adding at the end the following:
``(K) Waiver for hemp.--The Board may waive the viability
and marketability requirements under this paragraph in the
case of research and development relating to a policy to
insure the production of hemp.''; and
(2) in paragraph (3)--
(A) by striking ``The Corporation'' and inserting the
following:
``(A) In general.--Subject to subparagraph (B), the
Corporation''; and
(B) by adding at the end the following:
``(B) Waiver for hemp.--The Corporation may waive the
marketability requirement under subparagraph (A) in the case
of research and development relating to a policy to insure
the production of hemp.''.
SEC. 11122. RESEARCH AND DEVELOPMENT AUTHORITY.
Section 522(c) of the Federal Crop Insurance Act (7 U.S.C.
1522(c)) is amended--
(1) by striking paragraphs (7) through (18) and (20)
through (23);
(2) by redesignating paragraphs (19) and (24) as paragraphs
(7) and (8), respectively;
(3) in paragraph (7) (as so redesignated) (entitled ``Whole
farm diversified risk management insurance plan''), by adding
at the end the following:
``(E) Review of modifications to improve effectiveness.--
``(i) In general.--Not later than 2 years after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall--
``(I) hold stakeholder meetings to solicit producer and
agent feedback;
``(II) review procedures and paperwork requirements on
agents and producers; and
[[Page S4613]]
``(III) modify procedures and requirements, as appropriate,
to decrease burdens and increase flexibility and
effectiveness.
``(ii) Factors.--In carrying out subclauses (II) and (III)
of clause (i), the Corporation shall consider--
``(I) removing caps on nursery and livestock production;
``(II) allowing a waiver to expand operations, especially
for small and beginning farmers;
``(III) minimizing paperwork for producers and agents;
``(IV) implementing an option for producers with less than
$1,000,000 in gross revenue that requires significantly less
paperwork and recordkeeping;
``(V) developing and using alternative records such as
time-stamped photographs or technology applications to
document planting and production history;
``(VI) treating the different growth stages of aquaculture
species as separate crops to recognize the difference in
perils at different phases of growth;
``(VII) moderating the impacts of disaster years on
historic revenue, such as--
``(aa) using an average of the historic and projected
revenue;
``(bb) counting indemnities as historic revenue for loss
years; or
``(cc) using an assigned yield floor similar to a T-yield,
as determined by the Secretary; and
``(VIII) improving agent training and outreach to
underserved regions and sectors such as small dairy farms.'';
and
(4) by inserting after paragraph (8) (as so redesignated)
the following:
``(9) Irrigated grain sorghum crop insurance policy.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development--
``(i) regarding improvements to 1 or more policies to
insure irrigated grain sorghum; and
``(ii) regarding alternative methods for producers with not
more than 4 years of production history to insure irrigated
grain sorghum.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development conducted
under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(10) Limited irrigation practices.--
``(A) Authority.--The Corporation shall--
``(i) expand the availability of the limited irrigation
insurance program to not fewer than 2 neighboring and
similarly situated States (such as the States of Colorado and
Nebraska), as determined by the Secretary;
``(ii) carry out research, or offer to enter into 1 or more
contracts with 1 or more qualified persons to carry out
research, on the marketability of the existing limited
irrigation insurance program; and
``(iii) make recommendations on how to improve
participation in that program.
``(B) Research.--In carrying out research under
subparagraph (A), a qualified person shall--
``(i) collaborate with researchers on the subjects of--
``(I) reduced irrigation practices or limited irrigation
practices; and
``(II) expected yield reductions following the application
of reduced irrigation;
``(ii) collaborate with State and Federal officials
responsible for the collection of water and the regulation of
water use for the purpose of irrigation;
``(iii) provide recommendations to encourage producers to
carry out limited irrigation practices or reduced irrigation
and water conservation practices; and
``(iv) develop web-based applications that will streamline
access to coverage for producers electing to conserve water
use on irrigated crops.
``(C) Report.--Not later than 18 months after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research carried out under
subparagraphs (A) and (B);
``(ii) any recommendations to encourage producers to carry
out limited irrigation practices or reduced irrigation and
water conservation practices; and
``(iii) the actions taken by the Corporation to carry out
the recommendations described in clause (ii).
``(11) Quality loss.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the establishment of each of the
following alternative methods of adjusting for quality
losses:
``(i) A method that does not impact the average production
history of a producer.
``(ii) A method that is optional for a producer to elect to
use.
``(iii) A method that provides that, in circumstances in
which a producer has suffered a quality loss to the insured
crop of the producer that is insufficient to trigger an
indemnity payment, the producer may elect to exclude that
quality loss from the actual production history of the
producer.
``(iv) 1 or more methods that combine 2 or more of the
methods described in clauses (i) through (iii).
``(B) Requirements.--Notwithstanding subsections (g) and
(m) of section 508, any method developed under subparagraph
(A) that is used by the Corporation shall be--
``(i) optional for a producer to use; and
``(ii) offered at an actuarially sound premium rate.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes the results of the research and development
carried out under subparagraph (A).
``(12) Citrus.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding the insurance of citrus fruit
commodities and commodity types, including research and
development of--
``(i) improvements to 1 or more existing policies,
including the whole-farm revenue protection pilot policy;
``(ii) alternative methods of insuring revenue for citrus
fruit commodities and commodity types; and
``(iii) the development of new, or expansion of existing,
revenue policies for citrus fruit commodities and commodity
types.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(13) Greenhouse policy.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into 1
or more contracts with 1 or more qualified persons to carry
out research and development, regarding a policy to insure in
a controlled environment such as a greenhouse--
``(I) the production of floriculture, nursery, and bedding
plants;
``(II) the establishment of cuttings or tissue culture in a
growing medium; or
``(III) other similar production, as determined by the
Secretary.
``(ii) Availability of policy or plan of insurance.--
Notwithstanding the last sentence of section 508(a)(1), and
section 508(a)(2), the Corporation shall make a policy or
plan of insurance described in clause (i) available if the
requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate
the effectiveness of policies and plans of insurance for the
production of plants in a controlled environment, including
policies and plans of insurance that--
``(i) are based on the risk of--
``(I) plant diseases introduced from the environment;
``(II) contaminated cuttings, seedlings, or tissue culture;
or
``(III) Federal or State quarantine or destruction orders
associated with the contaminated items described in subclause
(II);
``(ii) consider other causes of loss applicable to a
controlled environment, such as a loss of electricity due to
weather;
``(iii) consider appropriate best practices to minimize the
risk of loss;
``(iv) consider whether to provide coverage for various
types of plants under 1 policy or plan of insurance or to
provide coverage for 1 species or type of plant per policy or
plan of insurance;
``(v) have streamlined reporting and paperwork requirements
that take into account short propagation schedules, variable
crop years, and the variety of plants that may be produced in
a single facility; and
``(vi) provide protection for revenue losses.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that--
``(i) describes the results of the research and development
conducted under subparagraphs (A)(i) and (B); and
``(ii) any recommendations with respect to those results.
``(14) Hops.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, regarding a policy to insure the production of
hops or revenue derived from the production of hops.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
[[Page S4614]]
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development conducted
under subparagraph (A); and
``(ii) any recommendations with respect to those results.
``(15) Local foods.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into 1
or more contracts with 1 or more qualified persons to carry
out research and development, regarding a policy to insure
production--
``(I) of floriculture, fruits, vegetables, poultry,
livestock, or the products of floriculture, fruits,
vegetables, poultry, or livestock; and
``(II) that is targeted toward local consumers and markets.
``(ii) Availability of policy or plan of insurance.--
Notwithstanding the last sentence of section 508(a)(1), and
section 508(a)(2), the Corporation shall make a policy or
plan of insurance described in clause (i) available if the
requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate
the effectiveness of policies and plans of insurance for
production targeted toward local consumers and markets,
including policies and plans of insurance that--
``(i) consider small-scale production in various areas,
including urban, suburban, and rural areas;
``(ii) consider a variety of marketing strategies,
including--
``(I) direct-to-consumer marketing;
``(II) farmers markets;
``(III) farm-to-institution marketing; and
``(IV) marketing through community-supported agriculture;
``(iii) allow for production in soil and in alternative
systems such as vertical systems, greenhouses, rooftops, or
hydroponic systems;
``(iv) consider the price premium when accounting for
production or revenue losses;
``(v) consider whether to provide coverage--
``(I) for various types of production under 1 policy or
plan of insurance; and
``(II) for 1 species or type of plant per policy or plan of
insurance; and
``(vi) have streamlined reporting and paperwork
requirements.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that--
``(i) examines whether a version of existing policies such
as the whole-farm revenue protection insurance plan may be
tailored to provide improved coverage for producers of local
foods;
``(ii) describes the results of the research and
development conducted under subparagraphs (A) and (B); and
``(iii) includes any recommendations with respect to those
results.
``(16) Insurable irrigation practices for rice.--
``(A) In general.--The Corporation shall carry out research
and development, or offer to enter into 1 or more contracts
with 1 or more qualified persons to carry out research and
development, to include new and innovative irrigation
practices under the current rice policy or the development of
a distinct plan of insurance or policy endorsement rated for
rice produced using--
``(i) alternate wetting and drying practices (also referred
to as `intermittent flooding'); and
``(ii) furrow irrigation practices.
``(B) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that describes--
``(i) the results of the research and development carried
out under paragraph (1); and
``(ii) any recommendations with respect to those results.
``(17) High-risk, highly productive batture land policy.--
``(A) In general.--
``(i) Research and development.--The Corporation shall
carry out research and development, or offer to enter into 1
or more contracts with 1 or more qualified persons to carry
out research and development, regarding a policy to insure
producers of corn, cotton, and soybeans--
``(I) with operations on highly productive batture land
within the Lower Mississippi River Valley below Mississippi
River mile 368.44;
``(II) that have a history of production of not less than 5
years; and
``(III) that have been impacted by more frequent flooding
over the past 10 years due to sedimentation and federally
constructed engineering improvements.
``(ii) Availability of policy or plan of insurance.--
Notwithstanding the last sentence of section 508(a)(1), and
section 508(a)(2), the Corporation shall make a policy or
plan of insurance described in clause (i) available if the
requirements of section 508(h) are met.
``(B) Research and development described.--Research and
development described in subparagraph (A)(i) shall evaluate
the feasibility of less cost-prohibitive policies and plans
of insurance for batture-land producers in high risk areas,
including policies and plans of insurance that--
``(i) consider premium rate adjustments;
``(ii) consider automatic yield exclusion for consecutive-
year losses; and
``(iii) allow for flexibility of final plant dates and
prevent plant regulations.
``(C) Report.--Not later than 1 year after the date of
enactment of the Agriculture Improvement Act of 2018, the
Corporation shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
that--
``(i) examines whether a version of existing policies may
be tailored to provide improved coverage for batture-land
producers;
``(ii) describes the results of the research and
development conducted under subparagraphs (A) and (B); and
``(iii) includes any recommendations with respect to those
results.''.
SEC. 11123. EDUCATION ASSISTANCE.
Section 524(a)(3)(A) of the Federal Crop Insurance Act (7
U.S.C. 1524(a)(3)(A)) is amended by inserting ``conservation
activities,'' after ``benchmarking,''.
SEC. 11124. CROPLAND REPORT ANNUAL UPDATES.
Section 11014(c)(2) of the Agricultural Act of 2014 (Public
Law 113-79; 128 Stat. 963) is amended in the matter preceding
subparagraph (A) by striking ``2018'' and inserting ``2023''.
TITLE XII--MISCELLANEOUS
Subtitle A--Livestock
SEC. 12101. SHEEP PRODUCTION AND MARKETING GRANT PROGRAM.
Section 209 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1627a) is amended by striking subsection (c) and
inserting the following:
``(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$1,500,000 for each of fiscal years 2019 through 2023.''.
SEC. 12102. NATIONAL ANIMAL HEALTH LABORATORY NETWORK.
Section 10409A(d) of the Animal Health Protection Act (7
U.S.C. 8308a(d)) is amended by striking ``$15,000,000 for
each of fiscal years 2014 through 2018'' and inserting
``$30,000,000 for each of fiscal years 2019 through 2023''.
SEC. 12103. NATIONAL ANIMAL DISEASE PREPAREDNESS, RESPONSE,
AND RECOVERY PROGRAM; NATIONAL ANIMAL VACCINE
AND VETERINARY COUNTERMEASURES BANK.
The Animal Health Protection Act is amended by inserting
after section 10409A (7 U.S.C. 8308a) the following:
``SEC. 10409B. NATIONAL ANIMAL DISEASE PREPAREDNESS,
RESPONSE, AND RECOVERY PROGRAM; NATIONAL ANIMAL
VACCINE AND VETERINARY COUNTERMEASURES BANK.
``(a) National Animal Disease Preparedness, Response, and
Recovery Program.--
``(1) In general.--To prevent the introduction into or the
dissemination within the United States of any pest or disease
of animals affecting the economic interests of the livestock
and related industries of the United States (including the
maintenance and expansion of export market potential), the
Secretary shall establish a program to be known as the
`National Animal Disease Preparedness, Response, and Recovery
Program' (referred to in this subsection as the `Program').
``(2) Eligible activities.--Under the Program, the
Secretary shall support activities to prevent, detect, and
rapidly respond to animal pests and diseases, including--
``(A) enhancing animal pest and disease analysis and
surveillance;
``(B) expanding education and outreach;
``(C) targeting domestic inspection activities at
vulnerable points in the safeguarding continuum;
``(D) enhancing and strengthening threat identification and
technology;
``(E) improving biosecurity;
``(F) enhancing emergency preparedness and response
capabilities, including training additional emergency
response personnel;
``(G) conducting technology development to enhance
electronic sharing of animal health data for risk analysis
between State and Federal animal health officials;
``(H) enhancing the development and effectiveness of animal
health technologies to treat and prevent disease, including
veterinary biologics, veterinary diagnostics, animal drugs
for minor use and minor species, animal medical devices, and
emerging veterinary countermeasures; and
``(I) such other activities as determined appropriate by
the Secretary, in consultation with entities described in
paragraph (3)(B).
``(3) Cooperative agreements.--
``(A) In general.--In carrying out the Program, the
Secretary shall offer to enter into cooperative agreements or
other legal instruments with entities described in
subparagraph (B) to carry out activities described in
paragraph (2).
``(B) Eligible entities.--The Secretary may enter into a
cooperative agreement or
[[Page S4615]]
other legal instrument under subparagraph (A) with 1 or more
of the following entities:
``(i) A State department of agriculture.
``(ii) The State veterinarian or chief animal health
official of a State.
``(iii) A land-grant college or university (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)).
``(iv) A NLGCA Institution (as defined in section 1404 of
the National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103)).
``(v) A college of veterinary medicine.
``(vi) A State or national livestock producer organization
with a direct and significant economic interest in livestock
production.
``(vii) A State, national, allied, or regional veterinary
organization or specialty board recognized by the American
Veterinary Medical Association.
``(viii) An Indian tribe.
``(ix) A State emergency management agency.
``(x) A Federal agency.
``(C) Special funding considerations.--In entering into
cooperative agreements or other legal instruments under
subparagraph (A), the Secretary shall give priority to--
``(i) a State department of agriculture;
``(ii) the State veterinarian or chief animal health
official of a State; and
``(iii) an eligible entity that shall carry out Program
activities in a State or region in which--
``(I) an animal disease or pest is a Federal concern, as
determined by the Secretary; or
``(II) there is potential for the spread of an animal
disease or pest, as determined by the Secretary, taking into
consideration--
``(aa) the agricultural industries in that State or region;
``(bb) factors contributing to animal disease or pests in
that State or region, such as climate, natural resources,
geography, native or exotic wildlife species, and other
disease vectors; and
``(cc) the movement of animals in that State or region.
``(D) Applications.--
``(i) In general.--An entity described in subparagraph (B)
desiring to enter into a cooperative agreement or other legal
instrument under subparagraph (A) shall submit to the
Secretary an application at such time and containing such
information as the Secretary may require.
``(ii) Notification.--The Secretary shall notify an entity
that submits an application under clause (i) of--
``(I) the requirements to be imposed on the entity for
auditing of, and reporting on, the use of any funds provided
by the Secretary under the cooperative agreement or other
legal instrument; and
``(II) the criteria to be used to ensure activities
supported under the cooperative agreement or other legal
instrument are based on sound scientific data or thorough
risk assessments.
``(E) Use of funds.--
``(i) Subagreements.--Nothing in this section prevents an
entity from using funds received under a cooperative
agreement or other legal instrument under subparagraph (A) to
enter into a subagreement with another organization or a
political subdivision of a State that has legal
responsibilities relating to animal disease prevention,
surveillance, or rapid response.
``(ii) Non-federal share.--In determining whether to enter
into a cooperative agreement or other legal instrument with
an entity under subparagraph (A), the Secretary--
``(I) may consider the ability of the entity to provide
non-Federal funds to carry out the cooperative agreement or
other legal instrument; but
``(II) shall not require the provision of non-Federal funds
by an entity as a condition to enter into a cooperative
agreement or other legal instrument.
``(iii) Administration.--Of amounts made available to carry
out the Program, not more than 10 percent may be retained by
an entity that receives funds under a cooperative agreement
or other legal instrument under subparagraph (A), including a
subagreement under clause (i), to pay administrative costs
incurred by the entity in carrying out the cooperative
agreement or other legal instrument.
``(4) Consultation.--The Secretary shall consult with
entities described in paragraph (3)(B) in establishing
priorities under the Program.
``(5) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any
consultation by the Secretary with an entity described in
paragraph (3)(B) under the Program.
``(6) Reports.--Not later than 90 days after the date on
which an entity completes an activity prescribed and funded
by a cooperative agreement or other legal instrument under
paragraph (3)(A), the entity shall submit to the Secretary a
report that describes the purposes and results of the
activity.
``(b) National Animal Vaccine and Veterinary
Countermeasures Bank.--
``(1) In general.--The Secretary shall establish a National
Animal Vaccine and Veterinary Countermeasures Bank to benefit
the domestic interests of the United States.
``(2) Requirements.--Under the National Animal Vaccine and
Veterinary Countermeasures Bank, the Secretary shall--
``(A) leverage, as appropriate, the mechanisms and
infrastructure that have been developed for the management,
storage, and distribution of the National Veterinary
Stockpile; and
``(B) maintain a sufficient quantity of animal vaccine,
antiviral, therapeutic products, diagnostic products, and
veterinary countermeasures--
``(i) to appropriately respond to the most damaging animal
diseases affecting human health or the economy; and
``(ii) that will be capable of rapid deployment in the
event of an outbreak of an animal disease described in clause
(i).
``(3) Foot-and-mouth disease priority.--
``(A) In general.--In carrying out paragraph (2), the
Secretary shall give priority to the maintenance of a
sufficient quantity of foot-and-mouth disease vaccine, as
determined by the Secretary, and accompanying diagnostic
products, covering, to the maximum extent practicable, an
appropriate representation of foot-and-mouth disease
serotypes and strains for which appropriate vaccine products
are available.
``(B) Contracts.--The Secretary may offer to enter into 1
or more contracts with 1 or more entities that produce foot-
and-mouth disease vaccine--
``(i) to maintain a bank of viral antigen concentrate or
vaccine products for, to the maximum extent practicable, an
appropriate representation of foot-and-mouth disease
serotypes (as determined by the Secretary) for which antigen
concentrate is available; and
``(ii) to maintain surge production capacity to produce, as
quickly as practicable, foot-and-mouth disease vaccine to
address a foot-and-mouth disease outbreak.
``(c) Use of Funds.--
``(1) Federal administration.--Of amounts made available to
carry out this section, not greater than 4 percent may be
retained by the Secretary to pay administrative costs
incurred by the Secretary in carrying out this section.
``(2) Buildings and facilities.--None of the amounts made
available to carry out this section shall be used for--
``(A) the construction of a new building or facility;
``(B) the acquisition or expansion of an existing building
or facility;
``(C) site grading and improvement; or
``(D) architect fees.
``(3) Proceeds.--The proceeds from the sale of any vaccine
or antigen by the National Animal Vaccine and Veterinary
Countermeasures Bank shall--
``(A) be deposited in the Treasury;
``(B) be credited to an account for the operation of the
National Animal Vaccine and Veterinary Countermeasures Bank;
``(C) be available for expenditure without further
appropriation; and
``(D) remain available until expended.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section, to remain available until
expended.''.
SEC. 12104. STUDY ON LIVESTOCK DEALER STATUTORY TRUST.
(a) In General.--The Secretary shall conduct a study to
determine the feasibility of establishing a livestock dealer
statutory trust.
(b) Contents.--The study conducted under subsection (a)
shall--
(1) analyze how the establishment of a livestock dealer
statutory trust would affect buyer and seller behavior in
markets for livestock (as defined in section 2(a) of the
Packers and Stockyards Act, 1921 (7 U.S.C. 182));
(2) consider what potential effects a livestock dealer
statutory trust would have on credit availability, including
impacts on lenders and lending behavior and other industry
participants;
(3) examine unique circumstances common to livestock
dealers and how those circumstances could impact the
functionality of a livestock dealer statutory trust;
(4) study the feasibility of the industry-wide adoption of
electronic funds transfer or another expeditious method of
payment to provide sellers of livestock protection from
nonsufficient funds payments;
(5) assess the effectiveness of statutory trusts in other
segments of agriculture and whether similar effects could be
experienced under a livestock dealer statutory trust; and
(6) consider the effects of exempting dealers with average
annual purchases under a de minimis threshold from being
subject to the livestock dealer statutory trust.
(c) Report.--Not later than 540 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Agriculture of the House of Representatives and
the Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the findings of the study
conducted under subsection (a).
SEC. 12105. DEFINITION OF LIVESTOCK.
Section 602(2) of the Emergency Livestock Feed Assistance
Act of 1988 (7 U.S.C. 1471(2)) is amended in the matter
preceding subparagraph (A) by striking ``fish'' and all that
follows through ``that--'' and inserting ``llamas, alpacas,
live fish, crawfish, and other animals that--''.
Subtitle B--Agriculture and Food Defense
SEC. 12201. REPEAL OF OFFICE OF HOMELAND SECURITY.
Section 14111 of the Food, Conservation, and Energy Act of
2008 (7 U.S.C. 8911) is repealed.
SEC. 12202. OFFICE OF HOMELAND SECURITY.
Subtitle A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C.
[[Page S4616]]
6911 et seq.) is amended by adding at the end the following:
``SEC. 221. OFFICE OF HOMELAND SECURITY.
``(a) Definition of Agriculture and Food Defense.--In this
section, the term `agriculture and food defense' means any
action to prevent, protect against, mitigate the effects of,
respond to, or recover from a naturally occurring,
unintentional, or intentional threat to the agriculture and
food system.
``(b) Authorization.--The Secretary shall establish in the
Department the Office of Homeland Security.
``(c) Executive Director.--The Office of Homeland Security
shall be headed by an Executive Director, who shall be known
as the `Executive Director of Homeland Security'.
``(d) Duties.--The Executive Director of Homeland Security
shall--
``(1) serve as the principal advisor to the Secretary on
homeland security, including emergency management and
agriculture and food defense;
``(2) coordinate activities of the Department, including
policies, processes, budget needs, and oversight relating to
homeland security, including emergency management and
agriculture and food defense;
``(3) act as the primary liaison on behalf of the
Department with other Federal departments and agencies in
activities relating to homeland security, including emergency
management and agriculture and food defense, and provide for
interagency coordination and data sharing;
``(4)(A) coordinate in the Department the gathering of
information relevant to early warning and awareness of
threats and risks to the food and agriculture critical
infrastructure sector; and
``(B) share that information with, and provide assistance
with interpretation and risk characterization of that
information to, the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C
3003)), law enforcement agencies, the Secretary of Defense,
the Secretary of Homeland Security, the Secretary of Health
and Human Services, and State fusion centers (as defined in
section 210A(j) of the Homeland Security Act of 2002 (6
U.S.C. 124h(j));
``(5) liaison with the Director of National Intelligence to
assist in the development of periodic assessments and
intelligence estimates, or other intelligence products, that
support the defense of the food and agriculture critical
infrastructure sector;
``(6) coordinate the conduct, evaluation, and improvement
of exercises to identify and eliminate gaps in preparedness
and response;
``(7) produce a Department-wide centralized strategic
coordination plan to provide a high-level perspective of the
operations of the Department relating to homeland security,
including emergency management and agriculture and food
defense; and
``(8) carry out other appropriate duties, as determined by
the Secretary.
``(e) Agriculture and Food Threat Awareness Partnership
Program.--
``(1) Interagency exchange program.--The Secretary, in
partnership with the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) and fusion centers (as defined in section 210A(j) of
the Homeland Security Act of 2002 (6 U.S.C. 124h(j)) that
have analysis and intelligence capabilities relating to the
defense of the food and agriculture critical infrastructure
sector, shall establish and carry out an interagency exchange
program of personnel and information to improve communication
and analysis for the defense of the food and agriculture
critical infrastructure sector.
``(2) Collaboration with federal, state, and local
authorities.--To carry out the program established under
paragraph (1), the Secretary may--
``(A) enter into 1 or more cooperative agreements or
contracts with Federal, State, or local authorities that have
analysis and intelligence capabilities and expertise relating
to the defense of the food and agriculture critical
infrastructure sector; and
``(B) carry out any other activity under any other
authority of the Secretary that is appropriate to engage the
authorities described in subparagraph (A) for the defense of
the food and agriculture critical infrastructure sector, as
determined by the Secretary.''.
SEC. 12203. AGRICULTURE AND FOOD DEFENSE.
(a) Definitions.--In this section:
(1) Animal.--The term ``animal'' has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(2) Disease or pest of concern.--The term ``disease or pest
of concern'' means a plant or animal disease or pest that--
(A) is--
(i) a transboundary disease; or
(ii) an established disease; and
(B) is likely to pose a significant risk to the food and
agriculture critical infrastructure sector that warrants
efforts at prevention, protection, mitigation, response, and
recovery.
(3) Established disease.--The term ``established disease''
means a plant or animal disease or pest that--
(A)(i) if it becomes established, poses an imminent threat
to agriculture in the United States; or
(ii) has become established, as defined by the Secretary,
within the United States; and
(B) requires management.
(4) High-consequence plant transboundary disease.--The term
``high-consequence plant transboundary disease'' means a
transboundary disease that is--
(A)(i) a plant disease; or
(ii) a plant pest; and
(B) of high consequence, as determined by the Secretary.
(5) Pest.--The term ``pest''--
(A) with respect to a plant, has the meaning given the term
``plant pest'' in section 403 of the Plant Protection Act (7
U.S.C. 7702); and
(B) with respect to an animal, has the meaning given the
term in section 10403 of the Animal Health Protection Act (7
U.S.C. 8302).
(6) Plant.--The term ``plant'' has the meaning given the
term in section 403 of the Plant Protection Act (7 U.S.C.
7702).
(7) Plant health management strategy.--The term ``plant
health management strategy'' means a strategy to timely
control and eradicate a plant disease or plant pest outbreak,
including through mitigation (such as chemical control),
surveillance, the use of diagnostic products and procedures,
and the use of existing resistant seed stock.
(8) Transboundary disease.--
(A) In general.--The term ``transboundary disease'' means a
plant or animal disease or pest that is within 1 or more
countries outside of the United States.
(B) Inclusion.--The term ``transboundary disease'' includes
a plant or animal disease or pest described in subparagraph
(A) that--
(i) has emerged within the United States; or
(ii) has been introduced within the United States.
(9) Veterinary countermeasure.--The term ``veterinary
countermeasure'' means the use of any animal vaccine,
antiviral, therapeutic product, or diagnostic product to
respond to the most damaging animal diseases to animal and
human health and the economy.
(b) Disease or Pest of Concern Response Planning.--
(1) In general.--The Secretary shall--
(A) establish a list of diseases or pests of concern by--
(i) developing a process to solicit and receive expert
opinion and evidence relating to the diseases and pests of
concern entered on the list; and
(ii) reviewing all available evidence relating to the
diseases and pests of concern entered on the list, including
classified information; and
(B) periodically update the list established under
subparagraph (A).
(2) Response plans.--
(A) Comprehensive strategic response plan or plans.--The
Secretary shall develop, in collaboration with appropriate
Federal, State, regional, and local officials, a
comprehensive strategic response plan or plans, as
appropriate, for the diseases or pests of concern that are
entered on the list established under paragraph (1).
(B) State or region response plan or plans.--The Secretary
shall provide information to a State or regional authority to
assist in developing a comprehensive strategic response plan
or plans for that State or region that shall--
(i) include--
(I) a concept of operations for each disease or pest of
concern; or
(II) a platform concept of operations for responses to
similar diseases or pests, as determined by the Secretary;
(ii) describe the appropriate interactions among, and roles
of--
(I) Federal, State, Tribal, and units of local government;
and
(II) plant or animal industry partners;
(iii) include a decision matrix that shall, as appropriate,
include--
(I) information and timing requirements necessary for the
use of veterinary countermeasures;
(II) plant health management strategies;
(III) deployment of other key materials and resources; and
(IV) parameters for transitioning from outbreak response to
disease management;
(iv) identify key response performance metrics to
establish--
(I) benchmarking;
(II) progressive exercise evaluation; and
(III) continuing improvement of a response plan, including
by providing for--
(aa) ongoing exercise evaluations to improve a response
plan over time; and
(bb) strategic information to guide investment in any
appropriate research to mitigate the risk of a disease or
pest of concern; and
(v) be updated periodically, as determined to be
appropriate by the Secretary, including in response to--
(I) an exercise evaluation; or
(II) new risk information becoming available regarding a
disease or pest of concern.
(3) Coordination of plans.--Pursuant to section 221(d)(6)
of the Department of Agriculture Reorganization Act of 1994,
the Secretary shall, as appropriate, assist in coordinating
with other appropriate Federal, State, regional, or local
officials in the exercising of the plans developed under
paragraph (2).
(c) National Plant Diagnostic Network.--
(1) In general.--The Secretary shall establish in the
Department of Agriculture a National Plant Diagnostic Network
to monitor and surveil through diagnostics threats to plant
health from diseases or pests of concern in the United
States.
(2) Requirements.--The National Plant Diagnostic Network
established under paragraph (1) shall--
[[Page S4617]]
(A) provide for increased awareness, surveillance, early
identification, rapid communication, warning, and diagnosis
of a threat to plant health from a disease or pest of concern
to protect natural and agricultural plant resources;
(B) coordinate and collaborate with agencies of the
Department of Agriculture and State agencies and authorities
involved in plant health;
(C) establish diagnostic laboratory standards;
(D) establish regional hubs throughout the United States
that provide expertise, leadership, and support to diagnostic
labs relating to the agricultural crops and plants in the
covered regions of those hubs; and
(E) establish a national repository for records of endemic
or emergent diseases and pests of concern.
(3) Head of network.--
(A) In general.--The Director of the National Institute of
Food and Agriculture shall serve as the head of the National
Plant Diagnostic Network.
(B) Duties.--The head of the National Plant Diagnostic
Network shall--
(i) coordinate and collaborate with land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) in carrying out the requirements under
paragraph (2), including through cooperative agreements
described in paragraph (4);
(ii) partner with the Administrator of the Animal and Plant
Health Inspection Service for assistance with plant health
regulation and inspection; and
(iii) coordinate with other Federal agencies, as
appropriate, in carrying out activities relating to the
National Plant Diagnostic Network, including the sharing of
biosurveillance information.
(4) Collaboration with land-grant colleges and
universities.--The Secretary shall seek to establish
cooperative agreements with land-grant colleges and
universities (as defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)) that have the appropriate level of
skill, experience, and competence with plant diseases or
pests of concern.
(5) Authorization of appropriations.--In addition to the
amount authorized to carry out this subtitle under section
12205, there is authorized to be appropriated to carry out
this subsection $15,000,000 for each of fiscal years 2019
through 2023.
(d) National Plant Disease Recovery System.--
(1) Recovery system.--The Secretary shall establish in the
Department of Agriculture a National Plant Disease Recovery
System to engage in strategic long-range planning to recover
from high-consequence plant transboundary diseases.
(2) Requirements.--The National Plant Disease Recovery
System established under paragraph (1) shall--
(A) coordinate with disease or pest of concern concept of
operations response plans;
(B) make long-range plans for the initiation of future
research projects relating to high-consequence plant
transboundary diseases;
(C) establish research plans for long-term recovery;
(D) plan for the identification and use of specific
genotypes, cultivars, breeding lines, and other disease-
resistant materials necessary for crop stabilization or
improvement; and
(E) establish a watch list of high-consequence plant
transboundary diseases for the purpose of making long-range
plans under subparagraph (B).
SEC. 12204. BIOLOGICAL AGENTS AND TOXINS LIST.
Section 212(a)(1)(B)(i) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401(a)(1)(B)(i)) is
amended--
(1) in subclause (III), by striking ``and'' at the end;
(2) by redesignating subclause (IV) as subclause (V); and
(3) by inserting after subclause (III) the following:
``(IV)(aa) whether placing an agent or toxin on the list
under subparagraph (A) would have a substantial negative
impact on the research and development of solutions for the
animal or plant disease caused by the agent or toxin; and
``(bb) whether that negative impact would substantially
outweigh the risk posed by the agent or toxin to animal or
plant health if it is not placed on the list; and''.
SEC. 12205. AUTHORIZATION OF APPROPRIATIONS.
In addition to other amounts made available under this
subtitle, there is authorized to be appropriated to carry out
this subtitle $5,000,000 for each of fiscal years 2019
through 2023.
Subtitle C--Historically Underserved Producers
SEC. 12301. FARMING OPPORTUNITIES TRAINING AND OUTREACH.
(a) Repeal.--
(1) In general.--Section 7405 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 3319f) is repealed.
(2) Conforming amendments.--
(A) Section 226B(e)(2)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(e)(2)(B)) is
amended by striking ``the beginning farmer and rancher
development program established under section 7405 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C.
3319f).'' and inserting ``the beginning farmer and rancher
development grant program established under subsection (d) of
section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279).''.
(B) Section 251(f)(1)(D) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(1)(D)) is
amended by striking clause (iv) and inserting the following:
``(iv) The beginning farmer and rancher development grant
program established under subsection (d) of section 2501 of
the Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279).''.
(C) Section 7506(e) of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 7614c(e)) is amended--
(i) in paragraph (2)(C)--
(I) by striking clause (v);
(II) by redesignating clauses (i) through (iv) as clauses
(ii) through (v), respectively;
(III) by inserting before clause (ii) (as so redesignated)
the following:
``(i) each grant awarded under subsection (d) of section
2501 of the Food, Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 2279);'';
(IV) in clause (ii) (as so redesignated), by striking
``450i(b)(2));'' and inserting ``3157(b)(2));''; and
(V) in clause (iv) (as so redesignated), by adding ``and''
at the end;
(ii) in paragraph (4)--
(I) by striking subparagraph (E);
(II) by redesignating subparagraphs (A) through (D) as
subparagraphs (B) through (E), respectively;
(III) by inserting before subparagraph (B) (as so
redesignated) the following:
``(A) subsection (d) of section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279);'';
(IV) in subparagraph (B) (as so redesignated), by striking
``450i(b));'' and inserting ``3157(b));'';
(V) in subparagraph (D) (as so redesignated), by adding
``or'' at the end; and
(VI) in subparagraph (E) (as so redesignated), by striking
``; or'' and inserting a period.
(b) Outreach and Education for Socially Disadvantaged
Farmers and Ranchers, Veteran Farmers and Ranchers, and
Beginning Farmers and Ranchers.--Section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279) is amended--
(1) by striking the section heading and inserting ``farming
opportunities training and outreach'';
(2) by redesignating subsections (a), (b), (c), (d), (e),
(g), (h), and (i) as subsections (c), (j), (o), (k), (a),
(l), (m), and (n), respectively, and moving the subsections
so as to appear in alphabetical order;
(3) by moving paragraph (5) of subsection (a) (as so
redesignated) so as to appear at the end of subsection (c)
(as so redesignated);
(4) in subsection (a) (as so redesignated)--
(A) by striking the subsection designation and heading and
inserting the following:
``(a) Definitions.--In this section:'';
(B) by redesignating paragraphs (1), (2), (3), (4), and (6)
as paragraphs (6), (5), (1), (3), and (4), respectively, and
moving the paragraphs so as to appear in numerical order;
(C) in paragraphs (1), (5), and (6) (as so redesignated),
by striking ``As used in this section, the'' each place it
appears and inserting ``The''; and
(D) by inserting after paragraph (1) (as so redesignated)
the following:
``(2) Beginning farmer or rancher.--The term `beginning
farmer or rancher' means a person that--
``(A)(i) has not operated a farm or ranch; or
``(ii) has operated a farm or ranch for not more than 10
years; and
``(B) meets such other criteria as the Secretary may
establish.'';
(5) by inserting after subsection (a) (as so redesignated)
the following:
``(b) Farming Opportunities Training and Outreach.--The
Secretary shall carry out this section to encourage and
assist socially disadvantaged farmers and ranchers, veteran
farmers and ranchers, and beginning farmers and ranchers in
the ownership and operation of farms and ranches through--
``(1) education and training; and
``(2) equitable participation in all agricultural programs
of the Department.'';
(6) in subsection (c) (as so redesignated and as amended by
paragraph (3))--
(A) by striking paragraph (4);
(B) by redesignating paragraphs (1), (2), (3), and (5) as
paragraphs (2), (3), (4), and (1), respectively, and moving
the paragraphs so as to appear in numerical order;
(C) in paragraph (1) (as so redesignated)--
(i) in the matter preceding subparagraph (A), by striking
``The term'' and inserting ``In this subsection, the term'';
(ii) in subparagraph (A)(ii), by striking ``subsection
(a)'' and inserting ``this subsection''; and
(iii) in subparagraph (F), by striking ``450b))'' and
inserting ``5304))'';
(D) in subparagraph (B) of paragraph (2) (as so
redesignated), by striking ``agricultural'' and inserting
``agricultural, forestry, and related'';
(E) in paragraph (3) (as so redesignated), by striking
``(1)'' in the matter preceding subparagraph (A) and
inserting ``(2)''; and
(F) in paragraph (4) (as so redesignated)--
(i) in subparagraph (A)--
(I) by striking the subparagraph heading and inserting
``Outreach and technical assistance.--'';
[[Page S4618]]
(II) by striking ``(2)'' and inserting ``(3)''; and
(III) by inserting ``to socially disadvantaged farmers and
ranchers and veteran farmers and ranchers'' after
``assistance'';
(ii) in subparagraph (C), by striking ``(1)'' and inserting
``(2)'';
(iii) in subparagraph (D), by adding at the end the
following:
``(v) The number of farms or ranches started, maintained,
or improved as a result of funds made available under the
program.
``(vi) Actions taken by the Secretary in partnership with
eligible entities to enhance participation in agricultural
programs by veteran farmers or ranchers and socially
disadvantaged farmers or ranchers.
``(vii) The effectiveness of the actions described in
clause (vi).''; and
(iv) by adding at the end the following:
``(E) Maximum term and amount of grant, contract, or
agreement.--A grant, contract, or agreement entered into
under subparagraph (A) shall be--
``(i) for a term of not longer than 3 years; and
``(ii) in an amount that is not more than $250,000 for each
year of the grant, contract, or agreement.
``(F) Priority.--In making grants and entering into
contracts and other agreements under subparagraph (A), the
Secretary shall give priority to nongovernmental and
community-based organizations with an expertise in working
with socially disadvantaged farmers and ranchers or veteran
farmers and ranchers.
``(G) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
eligible entities to which grants are made and contracts and
other agreements are entered into under subparagraph (A).
``(H) Prohibition.--A grant, contract, or other agreement
under subparagraph (A) may not be used for the planning,
repair, rehabilitation, acquisition, or construction of a
building or facility.
``(I) Peer review.--The Secretary shall establish a fair
and efficient external peer review process that--
``(i) the Secretary shall use in making grants and entering
into contracts and other agreements under subparagraph (A);
and
``(ii) shall include a broad representation of peers of the
eligible entity.
``(J) Input from eligible entities.--The Secretary shall
seek input from eligible entities providing technical
assistance under this subsection not less than once each year
to ensure that the program is responsive to the eligible
entities providing that technical assistance.'';
(7) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Beginning Farmer and Rancher Development Grant
Program.--
``(1) In general.--The Secretary, acting through the
Director of the National Institute of Food and Agriculture,
shall make competitive grants to support new and established
local and regional training, education, outreach, and
technical assistance initiatives for beginning farmers and
ranchers.
``(2) Included programs and services.--Initiatives
described in paragraph (1) may include programs or services,
as appropriate, relating to--
``(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) financial and risk management training, including the
acquisition and management of agricultural credit;
``(E) natural resource management and planning;
``(F) diversification and marketing strategies;
``(G) curriculum development;
``(H) mentoring, apprenticeships, and internships;
``(I) resources and referral;
``(J) farm financial benchmarking;
``(K) assisting beginning farmers and ranchers in acquiring
land from retiring farmers and ranchers;
``(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 under
this subsection, the recipient of the grant shall be a
collaborative State, Tribal, local, or regionally-based
network or partnership of public or private entities.
``(B) Inclusions.--A recipient of a grant 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.--A grant 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) Evaluation criteria.--In making grants under this
subsection, the Secretary shall evaluate, with respect to
applications for the grants--
``(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.
``(6) Regional balance.--To the maximum extent practicable,
the Secretary shall ensure the geographical diversity of
recipients of grants under this subsection.
``(7) Priority.--In making grants under this subsection,
the Secretary shall give priority to partnerships and
collaborations that are led by or include nongovernmental,
community-based organizations and school-based educational
organizations with expertise in new agricultural producer
training and outreach.
``(8) Prohibition.--A grant made under this subsection may
not be used for the planning, repair, rehabilitation,
acquisition, or construction of a building or facility.
``(9) Coordination permitted.--A recipient of a grant under
this subsection may coordinate with a recipient of a grant
under section 1680 in addressing the needs of veteran farmers
and ranchers with disabilities.
``(10) Consecutive awards.--A grant under this subsection
may be made to a recipient for consecutive years.
``(11) Peer review.--
``(A) In general.--The Secretary shall establish a fair and
efficient external peer review process, which the Secretary
shall use in making grants 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
that are not applying for a grant under this subsection.
``(12) Participation by other farmers and ranchers.--
Nothing in this subsection prohibits the Secretary from
allowing a farmer or rancher who is not a beginning farmer or
rancher (including an owner or operator that has ended, or
expects to end within 5 years, active labor in a farming or
ranching operation as a producer) from participating in a
program or service under this subsection, to the extent that
the Secretary determines that such participation--
``(A) is appropriate; and
``(B) will not detract from the primary purpose of
increasing opportunities for 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.'';
(8) by inserting after subsection (f) the following:
``(g) Education Teams.--
``(1) In general.--The Secretary shall establish beginning
farmer and rancher education teams to develop curricula and
conduct educational programs and workshops for beginning
farmers and ranchers in diverse geographical areas of the
United States.
``(2) Curriculum.--In promoting the development of
curricula under paragraph (1), the Secretary shall, to the
maximum extent practicable, include modules tailored to
specific audiences of beginning farmers and ranchers, based
on crop diversity or regional diversity.
``(3) Composition.--In establishing an education team under
paragraph (1) for a specific program or workshop, the
Secretary shall, to the maximum extent practicable--
``(A) obtain the short-term services of specialists with
knowledge and expertise in programs serving beginning farmers
and ranchers; and
``(B) 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.
``(4) Cooperation.--
``(A) 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.
``(B) Cooperative agreements.--Notwithstanding chapter 63
of title 31, United States Code, the Secretary may enter into
a cooperative agreement to reflect the terms of any
cooperation under subparagraph (A).
``(h) Curriculum and Training Clearinghouse.--The Secretary
shall establish an online clearinghouse that makes available
to
[[Page S4619]]
beginning farmers and ranchers education curricula and
training materials and programs, which may include online
courses for direct use by beginning farmers and ranchers.
``(i) Stakeholder Input.--In carrying out this section, the
Secretary shall seek stakeholder input from--
``(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 Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6921).'';
(9) in paragraph (3) of subsection (k) (as so
redesignated), by inserting ``and not later than March 1,
2020,'' after ``1991,''; and
(10) by adding at the end the following:
``(p) Funding.--
``(1) Mandatory funding.--Of the funds of the Commodity
Credit Corporation, the Secretary shall use to carry out this
section $50,000,000 for fiscal year 2018 and each fiscal year
thereafter.
``(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $50,000,000 for
each fiscal years 2018 through 2023.
``(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 subsections (d) and (n) 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
subsections (d), (g), and (h) 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.''.
SEC. 12302. URBAN AGRICULTURE.
(a) Definition of Director.--In this section, the term
``Director'' means the Director of the Office of Urban
Agriculture and Innovative Production established under
section 222(a)(1) of the Department of Agriculture
Reorganization Act of 1994 (as added by subsection (b)).
(b) Office of Urban Agriculture and Innovative
Production.--Subtitle A of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6911 et seq.) (as
amended by section 12202) is amended by adding at the end the
following:
``SEC. 222. OFFICE OF URBAN AGRICULTURE AND INNOVATIVE
PRODUCTION.
``(a) Office.--
``(1) In general.--The Secretary shall establish in the
Department an Office of Urban Agriculture and Innovative
Production.
``(2) Director.--The Secretary shall appoint a senior
official to serve as the Director of the Office of Urban
Agriculture and Innovative Production (referred to in this
section as the `Director').
``(3) Mission.--The mission of the Office of Urban
Agriculture and Innovative Production shall be to encourage
and promote urban, indoor, and other emerging agricultural
practices, including--
``(A) community gardens and farms located in urban areas,
suburbs, and urban clusters;
``(B) rooftop farms, outdoor vertical production, and green
walls;
``(C) indoor farms, greenhouses, and high-tech vertical
technology farms;
``(D) hydroponic, aeroponic, and aquaponic farm facilities;
and
``(E) other innovations in agricultural production, as
determined by the Secretary.
``(4) Responsibilities.--The Director shall be responsible
for engaging in activities to carry out the mission described
in paragraph (3), including by--
``(A) managing and facilitating programs, including for
community gardens, urban farms, rooftop agriculture, and
indoor vertical production;
``(B) coordinating with the agencies and officials of the
Department;
``(C) advising the Secretary on issues relating to the
mission of the Office of Urban Agriculture and Innovative
Production;
``(D) ensuring that the programs of the Department are
updated to address urban, indoor, and other emerging
agricultural production practices, in coordination with the
officials in the Department responsible for those programs;
``(E) engaging in external relations with stakeholders and
coordinating external partnerships to share best practices,
provide mentorship, and offer technical assistance;
``(F) facilitating interagency program coordination and
developing interagency tools for the promotion of existing
programs and resources;
``(G) creating resources that identify common State and
municipal best practices for navigating local policies;
``(H) reviewing and improving farm enterprise development
programs that provide information about financial literacy,
business planning, and food safety record keeping;
``(I) coordinating networks of community gardens and
facilitating connections to local food banks, in partnership
with the Food and Nutrition Service; and
``(J) collaborating with other Federal agencies that use
agricultural practices on-site for food production or
infrastructure.
``(b) Urban Agriculture and Innovative Production Advisory
Committee.--
``(1) In general.--Not later than 180 days after the date
of enactment of this section, the Secretary shall establish
an Urban Agriculture and Innovative Production Advisory
Committee (referred to in this subsection as the `Committee')
to advise the Secretary on--
``(A) the development of policies relating to urban,
indoor, and other emerging agricultural production practices;
and
``(B) any other aspects of the implementation of this
section.
``(2) Membership.--
``(A) In general.--The Committee shall be composed of 15
members, of whom--
``(i) 5 shall be individuals who are agricultural
producers, of whom--
``(I) not fewer than 2 individuals shall be agricultural
producers located in an urban area or urban cluster; and
``(II) not fewer than 2 individuals shall be farmers that
use innovative technology, including indoor farming and
rooftop agriculture;
``(ii) 2 shall be representatives from an institution of
higher education or extension program;
``(iii) 1 shall be an individual who represents a nonprofit
organization, which may include a public health,
environmental, or community organization;
``(iv) 1 shall be an individual who represents business and
economic development, which may include a business
development entity, a chamber of commerce, a city government,
or a planning organization;
``(v) 1 shall be an individual with supply chain
experience, which may include a food aggregator, wholesale
food distributor, food hub, or an individual who has direct-
to-consumer market experience;
``(vi) 1 shall be an individual from a financing entity;
and
``(vii) 4 shall be individuals with related experience or
expertise in urban, indoor, and other emerging agriculture
production practices, as determined by the Secretary.
``(B) Initial appointments.--The Secretary shall appoint
the members of the Committee not later than 180 days after
the date of enactment of this section.
``(3) Period of appointment; vacancies.--
``(A) In general.--Except as provided in subparagraph (B),
a member of the Committee shall be appointed for a term of 3
years.
``(B) Initial appointments.--Of the members first appointed
to the Committee--
``(i) 5 of the members, as determined by the Secretary,
shall be appointed for a term of 3 years;
``(ii) 5 of the members, as determined by the Secretary,
shall be appointed for a term of 2 years; and
``(iii) 5 of the members, as determined by the Secretary,
shall be appointed for a term of 1 year.
``(C) Vacancies.--Any vacancy in the Committee--
``(i) shall not affect the powers of the Committee; and
``(ii) shall be filled as soon as practicable in the same
manner as the original appointment.
``(D) Consecutive terms.--An initial appointee of the
committee may serve an additional consecutive term if the
member is reappointed by the Secretary.
``(4) Meetings.--
``(A) Frequency.--The Committee shall meet not fewer than 3
times per year.
``(B) Initial meeting.--Not later than 60 days after the
date on which the members are appointed under paragraph
(2)(B), the Committee shall hold the first meeting of the
Committee.
``(5) Duties.--
``(A) In general.--The Committee shall--
[[Page S4620]]
``(i) develop recommendations--
``(I) to further the mission of the Office of Urban
Agriculture and Innovative Production described in subsection
(a)(3);
``(II) regarding the establishment of urban agriculture
policy priorities and goals within the Department;
``(ii) advise the Director on policies and initiatives
administered by the Office of Urban Agriculture and
Innovative Production;
``(iii) evaluate and review ongoing research and extension
activities relating to urban, indoor, and other innovative
agricultural practices;
``(iv) identify new and existing barriers to successful
urban, indoor, and other emerging agricultural production
practices; and
``(v) provide additional assistance and advice to the
Director as appropriate.
``(B) Reports.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the
Committee shall submit to the Secretary, the Committee on
Agriculture of the House of Representatives, and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate a report describing the recommendations developed
under subparagraph (A)(i).
``(6) Personnel matters.--
``(A) Compensation.--A member of the Committee shall serve
without compensation.
``(B) Travel expenses.--A member of the Committee shall be
allowed travel expenses, including per diem in lieu of
subsistence, in accordance with section 5703 of title 5,
United States Code.
``(7) Termination.--
``(A) In general.--Subject to subparagraph (B), the
Committee shall terminate on the date that is 5 years after
the date on which the members are appointed under paragraph
(2)(B).
``(B) Extensions.--Before the date on which the Committee
terminates, the Secretary may renew the Committee for 1 or
more 2-year periods.''.
(c) Farm Numbers.--The Secretary shall provide for the
assignment of a farm number (as defined in section 718.2 of
title 7, Code of Federal Regulations (as in effect on the
date of enactment of this Act)) for rooftop farms, indoor
farms, and other urban farms, as determined by the Secretary.
(d) Grant Authority.--
(1) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means--
(A) a community organization;
(B) a nonprofit organization;
(C) a unit of local government;
(D) a Tribal government;
(E) any school that serves any of grades kindergarten
through grade 12; and
(F) an institution of higher education.
(2) Grants.--The Director may award competitive grants to
eligible entities to support the development of urban
agriculture and innovative production.
(3) Funding priority.--In awarding grants under this
subsection, priority shall be given to an eligible entity
that uses and provides an evaluation of a grant received
under this subsection--
(A) to plan and construct gardens or nonprofit farms;
(B) to operate community gardens or nonprofit farms that--
(i) produce food for donation;
(ii) have a demonstrated environmental benefit and
educational component; and
(iii) are part of community efforts to address local food
security needs;
(C) to educate a community on--
(i) issues relating to food systems, including connections
between rural farmers and urban communities;
(ii) nutrition;
(iii) environmental impacts, including pollinator health,
soil fertility, composing, heat islands, and storm water
runoff; and
(iv) agricultural production, including pest and disease
management; and
(D) to provide multiple small dollar equity investments to
help offset start-up costs relating to new production, land
access, and equipment for new and beginning farmers who--
(i) develop a 3-year business plan;
(ii) live in the community in which they plan to farm; and
(iii) provide a match to the start-up investment in the
form of cash or an in-kind contribution.
(e) Pilot Projects.--
(1) Urban and suburban county committees.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a pilot
program for not fewer than 5 years that establishes 10 county
committees in accordance with section 8(b)(5)(B)(ii)(II) of
the Soil Conservation and Domestic Allotment Act (16 U.S.C.
590h(b)(5)(B)) to operate in counties located in urban or
suburban areas with a high concentration of urban or suburban
farms.
(B) Effect.--Nothing in this paragraph requires or
precludes the establishment of a Farm Service Agency office
in a county in which a county committee is established under
subparagraph (A).
(C) Report.--For fiscal year 2019 and each fiscal year
thereafter through fiscal year 2023, the Secretary shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report describing a summary of--
(i) the status of the pilot program under subparagraph (A);
(ii) meetings and other activities of the committees
established under that subparagraph; and
(iii) the types and volume of assistance and services
provided to farmers in counties in which county committees
are established under that subparagraph.
(2) Increasing community compost and reducing food waste.--
(A) In general.--The Secretary, acting through the Director
(referred to in this paragraph as the ``Secretary''), shall
carry out pilot projects under which the Secretary shall
offer to enter into cooperative agreements with local or
municipal governments in not fewer than 10 States to develop
and test strategies for planning and implementing municipal
compost plans and food waste reduction plans.
(B) Eligible entities and purposes of pilot projects.--
Under a cooperative agreement entered into under this
paragraph, the Secretary shall provide assistance to
municipalities, counties, local governments, or city
planners, as appropriate, to carry out planning and
implementing activities that will--
(i) generate compost;
(ii) increase access to compost for agricultural producers;
(iii) reduce reliance on, and limit the use of, fertilizer;
(iv) improve soil quality;
(v) encourage waste management and permaculture business
development;
(vi) increase rainwater absorption;
(vii) reduce municipal food waste; and
(viii) divert food waste from landfills.
(C) Evaluation and ranking of applications.--
(i) Criteria.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish criteria
for the selection of pilot projects under this paragraph.
(ii) Priority.--In selecting a pilot project under this
paragraph, the Secretary shall give priority to an
application for a pilot project that--
(I) anticipates or demonstrates economic benefits;
(II) incorporates plans to make compost easily accessible
to agricultural producers, including community gardeners;
(III) integrates other food waste strategies, including
food recovery efforts; and
(IV) provides for collaboration with multiple partners.
(D) Matching requirement.--The recipient of assistance for
a pilot project under this paragraph shall provide funds, in-
kind contributions, or a combination of both from sources
other than funds provided through the grant in an amount
equal to not less than 25 percent of the amount of the grant.
(E) Evaluation.--The Secretary shall conduct an evaluation
of the pilot projects funded under this paragraph to assess
different solutions for increasing access to compost and
reducing municipal food waste, including an evaluation of--
(i) the amount of Federal funds used for each project; and
(ii) a measurement of the outcomes of each project.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section and the
amendments made by this section $25,000,000 for fiscal year
2019 and each fiscal year thereafter.
SEC. 12303. OFFICE OF ADVOCACY AND OUTREACH.
Section 226B(f)(3)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6934(f)(3)(B)) is
amended by striking ``2018'' and inserting ``2023''.
SEC. 12304. TRIBAL ADVISORY COMMITTEE.
Section 309 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6921) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(2) by adding at the end the following:
``(b) Tribal Advisory Committee.--
``(1) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(B) Relevant committees of congress.--The term `relevant
Committees of Congress' means--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate; and
``(iii) the Committee on Indian Affairs of the Senate.
``(C) Tribal organization.--The term `tribal organization'
has the meaning given the term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
``(2) Establishment of committee.--
``(A) In general.--The Secretary shall establish an
advisory committee, to be known as the `Tribal Advisory
Committee' (referred to in this subsection as the
`Committee') to provide advice and guidance to the Secretary
on matters relating to Tribal and Indian affairs.
``(B) Facilitation.--The Committee shall facilitate, but
not supplant, government-to-government consultation between
the Department of Agriculture (referred to in this subsection
as the `Department') and Indian tribes.
``(3) Membership.--
``(A) Composition.--The Council shall be composed of 9
members, of whom--
``(i) 7 shall be appointed by the Secretary;
[[Page S4621]]
``(ii) 1 shall be appointed by the chairperson of the
Committee on Indian Affairs of the Senate; and
``(iii) 1 shall be appointed by the ranking Member of the
Committee on Indian Affairs of the Senate.
``(B) Nominations.--The Secretary shall accept nominations
for members of the Council from--
``(i) an Indian tribe;
``(ii) a tribal organization; and
``(iii) a national or regional organization with expertise
in issues relating to the duties of the Committee described
in paragraph (4).
``(C) Diversity.--To the maximum extent feasible, the
Secretary shall ensure that the members of the Committee
represent a diverse set of expertise on issues relating to
geographic regions, Indian tribes, and the agricultural
industry.
``(D) Limitation.--No member of the Committee shall be an
officer or employee of the Federal government.
``(E) Period of appointment; vacancies.--
``(i) In general.--Each member of the Committee--
``(I) subject to clause (ii), shall be appointed to a 3-
year term; and
``(II) may be reappointed to not more than 3 consecutive
terms.
``(ii) Initial staggering.--The first 7 appointments made
by the Secretary under paragraph (3)(A)(i) shall be for a 2-
year term.
``(iii) Vacancies.--Any vacancy in the Council shall be
filled in the same manner as the original appointment not
more than 90 days after the date on which the position
becomes vacant.
``(F) Meetings.--
``(i) In general.--The Council shall meet in person not
less than twice each year.
``(ii) Office of tribal relations representative.--Not
fewer than 1 representative from the Office of Tribal
Relations of the Department shall be present at each meeting
of the Committee.
``(iii) Department of interior representative.--The
Assistant Secretary for Indian Affairs of the Department of
the Interior (or a designee) shall be present at each meeting
of the Committee.
``(iv) Nonvoting representatives.--The individuals
described in clauses (ii) and (iii) shall be nonvoting
representatives.
``(4) Duties of committee.--The Committee shall--
``(A) identify evolving issues of relevance to Indian
tribes relating to programs of the Department;
``(B) communicate to the Secretary the issues identified
under subparagraph (A);
``(C) submit to the Secretary recommendations for and
solutions to--
``(i) the issues identified under subparagraph (A);
``(ii) issues raised at the Tribal, regional, or national
level; and
``(iii) issues relating to any Tribal consultation carried
out by the Department;
``(D) discuss issues and proposals for changes to the
regulations, policies, and procedures of the Department that
impact Indian tribes;
``(E) identify priorities and provide advice on appropriate
strategies for Tribal consultation on issues at the Tribal,
regional, or national level regarding the Department;
``(F) ensure that pertinent issues of the Department are
brought to the attention of an Indian tribe in a timely
manner so that timely feedback from an Indian tribe can be
obtained; and
``(G) identify and propose solutions to any
interdepartmental barrier between the Department and other
Federal agencies.
``(5) Reports.--
``(A) In general.--Not less frequently than once each year,
the Committee shall submit to the Secretary and the relevant
Committees of Congress a report that describes--
``(i) the activities of the Committee during the previous
year; and
``(ii) recommendations for legislative or administrative
action for the following year.
``(B) Response from secretary.--Not more than 45 days after
the date on which the Secretary receives a report under
subparagraph (A), the Secretary shall submit a written
response to that report to--
``(i) the Committee; and
``(ii) the relevant Committees of Congress.
``(6) Compensation of members.--Members of the Committee
shall be compensated at a rate equal to the daily equivalent
of the annual rate of basic pay prescribed for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Committee.
``(7) Federal advisory committee act exemption.--Section 14
of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Committee.''.
SEC. 12305. EXPERIENCED SERVICES PROGRAM.
(a) In General.--Section 1252 of the Food Security Act of
1985 (16 U.S.C. 3851) is amended--
(1) in the section heading, by striking ``agriculture
conservation'';
(2) in subsection (a)--
(A) in the first sentence--
(i) by striking ``a conservation'' and inserting ``an'';
(ii) by striking ``(in this section referred to as the
`ACES Program')'' and inserting ``(referred to in this
section as the `program')''; and
(iii) by striking ``provide technical'' and inserting the
following: ``provide--
``(1) technical''; and
(B) in paragraph (1) (as so designated)--
(i) by striking ``Secretary. Such technical services may
include'' and inserting ``Secretary, including'';
(ii) by striking the period at the end and inserting ``;
and''; and
(iii) by adding at the end the following:
``(2) technical, professional, and administrative services
to support the research, education, and economics mission
area of the Department of Agriculture (including the
Agricultural Research Service, the Economic Research Service,
the National Agricultural Library, the National Agricultural
Statistics Service, the Office of the Chief Scientist, and
the National Institute of Food and Agriculture), including--
``(A) supporting agricultural research and information;
``(B) advancing scientific knowledge relating to
agriculture;
``(C) enhancing access to agricultural information;
``(D) providing statistical information and research
results to farmers, ranchers, agribusiness, and public
officials; and
``(E) assisting research, education, and extension programs
in land-grant colleges and universities (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3103)).'';
(3) by striking ``ACES'' each place it appears;
(4) by striking ``technical services'' each place it
appears (other than in subsection (a)) and inserting
``technical, professional, or administrative services, as
applicable,''; and
(5) in subsection (c)(1)--
(A) by striking the paragraph heading and inserting
``Conservation technical services.--''; and
(B) by inserting ``with respect to subsection (a)(1),''
before ``the Secretary''.
(b) Technical Amendment.--Title XII of the Food Security
Act of 1985 is amended by moving section 1252 (16 U.S.C.
3851) (as amended by subsection (a)) and section 1253 (as
added by section 2409) to appear after section 1251 (as added
by section 2429).
SEC. 12306. YOUTH OUTREACH AND BEGINNING FARMER COORDINATION.
Subtitle D of title VII of the Farm Security and Rural
Investment Act of 2002 (as amended by section 12301(a)(1)) is
amended by inserting after section 7404 (7 U.S.C. 3101 note;
Public Law 107-171) the following:
``SEC. 7405. YOUTH OUTREACH AND BEGINNING FARMER
COORDINATION.
``(a) Definitions.--In this section:
``(1) 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.
``(2) National coordinator.--The term `National
Coordinator' means the National Beginning Farmer and Rancher
Coordinator established under subsection (b)(1).
``(3) State coordinator.--The term `State coordinator'
means a State beginning farmer and rancher coordinator
designated under subsection (c)(1)(A).
``(4) State office.--The term `State office' means--
``(A) a State office of--
``(i) the Farm Service Agency;
``(ii) the Natural Resources Conservation Service;
``(iii) the Rural Business-Cooperative Service; or
``(iv) the Rural Utilities Service; or
``(B) a regional office of the Risk Management Agency.
``(b) National Beginning Farmer and Rancher Coordinator.--
``(1) Establishment.--The Secretary shall establish in the
Department the position of National Beginning Farmer and
Rancher Coordinator.
``(2) Duties.--
``(A) In general.--The National Coordinator shall--
``(i) advise the Secretary and coordinate activities of the
Department on programs, policies, and issues relating to
beginning farmers and ranchers; and
``(ii) in consultation with the applicable State food and
agriculture council, determine whether to approve a plan
submitted by a State coordinator under subsection (c)(3)(B).
``(B) Discretionary duties.--Additional duties of the
National Coordinator may include--
``(i) developing and implementing new strategies--
``(I) for outreach to beginning farmers and ranchers; and
``(II) to assist beginning farmers and ranchers with
connecting to owners or operators that have ended, or expect
to end within 5 years, actively owning or operating a farm or
ranch; and
``(ii) facilitating interagency and interdepartmental
collaboration on issues relating to beginning farmers and
ranchers.
``(3) Reports.--Not less frequently than once each year,
the National Coordinator shall distribute within the
Department and make publicly available a report describing
the status of steps taken to carry out the duties described
in subparagraphs (A) and (B) of paragraph (2).
``(4) Contracts and cooperative agreements.--In carrying
out the duties under
[[Page S4622]]
paragraph (2), the National Coordinator may enter into a
contract or cooperative agreement with an institution of
higher education (as defined in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001)), cooperative
extension services (as defined in section 1404 of the
National Agricultural Research, Extension, and Teaching
Policy Act of 1977 (7 U.S.C. 3103), or a nonprofit
organization--
``(A) to conduct research on the profitability of new farms
in operation for not less than 5 years in a region;
``(B) to develop educational materials;
``(C) to conduct workshops, courses, training, or certified
vocational training; or
``(D) to conduct mentoring activities.
``(c) State Beginning Farmer and Rancher Coordinators.--
``(1) In general.--
``(A) Designation.--The National Coordinator, in
consultation with State food and agriculture councils and
directors of State offices, shall designate in each State a
State beginning farmer and rancher coordinator from among
employees of State offices.
``(B) Requirements.--To be designated as a State
coordinator, an employee shall--
``(i) be familiar with issues relating to beginning farmers
and ranchers; and
``(ii) have the ability to interface with other Federal
departments and agencies.
``(2) Training.--The Secretary shall develop a training
plan to provide to each State coordinator knowledge of
programs and services available from the Department for
beginning farmers and ranchers, taking into consideration the
needs of all production types and sizes of agricultural
operations.
``(3) Duties.--A State coordinator shall--
``(A) coordinate technical assistance at the State level to
assist beginning farmers and ranchers in accessing programs
of the Department;
``(B) develop and submit to the National Coordinator for
approval under subsection (b)(2)(A)(ii) a State plan to
improve the coordination, delivery, and efficacy of programs
of the Department to beginning farmers and ranchers, taking
into consideration the needs of all types of production
methods and sizes of agricultural operation, at each county
and area office in the State;
``(C) oversee implementation of an approved State plan
described in subparagraph (B);
``(D) work with outreach coordinators in the State offices
to ensure appropriate information about technical assistance
is available at outreach events and activities; and
``(E) coordinate partnerships and joint outreach efforts
with other organizations and government agencies serving
beginning farmers and ranchers.
``(d) Agricultural Youth Coordinator.--
``(1) Establishment.--The Secretary shall establish in the
Department the position of Agricultural Youth Coordinator.
``(2) Duties.--The Agricultural Youth Coordinator shall--
``(A) promote the role of school-based agricultural
education and youth-serving agricultural organizations in
motivating and preparing young people to pursue careers in
the agriculture, food, and natural resources systems;
``(B) coordinate outreach to programs and agencies within
the Department--
``(i) to work with schools and youth-serving organizations
to develop joint programs and initiatives, such as
internships; and
``(ii) to provide resources and input to schools and youth-
serving organizations regarding motivating and preparing
young people to pursue careers in the agriculture, food, and
natural resources systems;
``(C) raise awareness among youth about the importance of
agriculture in a diversity of fields and disciplines;
``(D) provide information to persons involved in youth,
food, and agriculture organizations about the availability
of, and eligibility requirements for, agricultural programs,
with particular emphasis on--
``(i) beginning farmer and rancher programs;
``(ii) agriculture education;
``(iii) nutrition education;
``(iv) science, technology, engineering, and mathematics
education; and
``(v) other food and agriculture programs for youth;
``(E) serve as a resource for youth involved in food and
agriculture applying for participation in agricultural
programs;
``(F) conduct outreach to youth agriculture organizations;
and
``(G) advocate on behalf of youth involved in food and
agriculture and youth organizations in interactions with
employees of the Department.
``(3) Contracts and cooperative agreements.--For purposes
of carrying out the duties described in paragraph (2), the
Agricultural Youth Coordinator--
``(A) shall consult with land-grant colleges and
universities and cooperative extension services (as those
terms are defined in section 1404 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3103)); and
``(B) may enter into contracts or cooperative agreements
with the research centers of the Agricultural Research
Service, institutions of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)), or nonprofit organizations for--
``(i) the development of educational materials;
``(ii) the conduct of workshops, courses, and certified
vocational training;
``(iii) the conduct of mentoring activities; or
``(iv) the provision of internship opportunities.''.
SEC. 12307. AVAILABILITY OF DEPARTMENT OF AGRICULTURE
PROGRAMS FOR VETERAN FARMERS AND RANCHERS.
(a) Definition of Veteran Farmer or Rancher.--Paragraph (7)
of subsection (a) (as redesignated by section 12301(b)(3)) of
section 2501 of the Food, Agriculture, Conservation, and
Trade Act of 1990 (7 U.S.C. 2279) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 10-year period.''.
(b) Federal Crop Insurance.--
(1) Definition of veteran farmer or rancher.--Section
502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b))
(as amended by section 11101) is amended by adding at the end
the following:
``(14) Veteran farmer or rancher.--The term `veteran farmer
or rancher' means a farmer or rancher who--
``(A) has served in the Armed Forces (as defined in section
101 of title 38, United States Code); and
``(B)(i) has not operated a farm or ranch;
``(ii) has operated a farm or ranch for not more than 5
years; or
``(iii) is a veteran (as defined in section 101 of that
title) who has first obtained status as a veteran (as so
defined) during the most recent 5-year period.''.
(2) Crop insurance.--Section 508 of the Federal Crop
Insurance Act (7 U.S.C. 1508) is amended--
(A) in subsection (b)(5)(E)--
(i) by striking ``The Corporation'' and inserting the
following:
``(i) In general.--The Corporation''; and
(ii) in clause (i) (as so designated), by striking the
period at the end and inserting the following: ``, and
veteran farmers or ranchers.
``(ii) Coordination.--The Corporation shall coordinate with
other agencies of the Department that provide programs or
services to farmers and ranchers described in clause (i) to
make available coverage under the waiver under that clause
and to share eligibility information to reduce paperwork and
avoid duplication.'';
(B) in subsection (e)(8)--
(i) in the paragraph heading, by inserting ``and veteran''
after ``beginning''; and
(ii) by inserting ``or veteran farmer or rancher'' after
``beginning farmer or rancher'' each place it appears; and
(C) in subsection (g)--
(i) in paragraph (2)(B)(iii), in the matter preceding
subclause (I), by inserting ``or veteran farmer or rancher''
after ``beginning farmer or rancher'' each place it appears;
and
(ii) in paragraph (4)(B)(ii)(II), by inserting ``and
veteran farmers or ranchers'' after ``beginning farmers or
ranchers''.
(3) Education and risk management assistance.--Section
524(a)(4) of the Federal Crop Insurance Act (7 U.S.C.
1524(a)(4)) is amended--
(A) in subparagraph (D)(ii), by striking ``and'' at the
end;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) veteran farmers or ranchers.''.
(c) Down Payment Loan Program.--Section 310E of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1935)
is amended--
(1) in subsection (a)(1), by striking ``qualified beginning
farmers or ranchers and socially disadvantaged farmers or
ranchers'' and inserting ``eligible farmers or ranchers'';
(2) in subsection (d)--
(A) in paragraph (2)(A), by striking ``recipients of the
loans'' and inserting ``farmers or ranchers'';
(B) by striking paragraph (3) and inserting the following:
``(3) encourage retiring farmers and ranchers to assist in
the sale of their farms and ranches to eligible farmers or
ranchers by providing seller financing;''; and
(C) in paragraph (4), by striking ``for beginning farmers
or ranchers or socially disadvantaged farmers or ranchers''
and inserting the following: ``for--
``(A) beginning farmers or ranchers;
``(B) socially disadvantaged farmers or ranchers, as
defined in section 355(e); or
``(C) veteran farmers or ranchers, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a))''; and
(D) in paragraph (5), by striking ``a qualified beginning
farmer or rancher or socially disadvantaged farmer or
rancher'' and inserting ``an eligible farmer or rancher'';
and
(3) by striking subsection (e) and inserting the following:
``(e) Definition of Eligible Farmer or Rancher.--In this
section, the term `eligible farmer or rancher' means--
``(1) a qualified beginning farmer or rancher;
``(2) a socially disadvantaged farmer or rancher, as
defined in section 355(e); and
``(3) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture,
[[Page S4623]]
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)).''.
(d) Interest Rate Reduction Program.--Section 351(e)(2)(B)
of the Consolidated Farm and Rural Development Act (7 U.S.C.
1999(e)(2)(B)) is amended--
(1) in the subparagraph heading, by inserting ``and
veteran'' after ``Beginning'';
(2) in clause (i), by inserting ``or veteran farmers and
ranchers (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))'' before the period at the end; and
(3) in clause (ii), by striking ``beginning''.
(e) National Food Safety Training, Education, Extension,
Outreach, and Technical Assistance Program.--Section 405(c)
of the Agricultural Research, Extension, and Education Reform
Act of 1998 (7 U.S.C. 7625(c)) is amended by inserting
``veteran farmers or ranchers (as defined in section 2501(a)
of the Food, Agriculture, Conservation, and Trade Act of 1990
(7 U.S.C. 2279(a))),'' after ``socially disadvantaged
farmers,''.
(f) Administration and Operation of Noninsured Crop
Assistance Program.--Section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) is
amended--
(1) in subsection (k)(2), by inserting ``, or a veteran
farmer or rancher (as defined in section 2501(a) of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C.
2279(a)))'' before the period at the end; and
(2) in subsection (l), in paragraph (3) (as redesignated by
section 1601(7)(C))--
(A) in the paragraph heading, by inserting ``veteran,''
before ``and socially''; and
(B) by inserting ``and veteran farmers or ranchers (as
defined in section 2501(a) of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)))''
before ``in exchange''.
(g) Funding for Transition Option for Certain Farmers or
Ranchers.--Section 1241(a)(1)(B) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(1)(B)) is amended by striking
``beginning farmers or ranchers and socially disadvantaged
farmers or ranchers'' and inserting ``covered farmers or
ranchers, as defined in section 1235(f)(1)''.
(h) Supplemental Agricultural Disaster Assistance.--
(1) Definition of covered producer.--Section 1501(a) of the
Agricultural Act of 2014 (7 U.S.C. 9081(a)) is amended--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Covered producer.--The term `covered producer' means
an eligible producer on a farm that is--
``(A) as determined by the Secretary--
``(i) a beginning farmer or rancher;
``(ii) a socially disadvantaged farmer or rancher; or
``(iii) a limited resource farmer or rancher; or
``(B) a veteran farmer or rancher, as defined in section
2501(a) of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 2279(a)).''.
(2) Emergency assistance for livestock, honey bees, and
farm-raised fish.--Section 1501(d) of the Agricultural Act of
2014 (7 U.S.C. 9081(d)) is amended by adding at the end the
following:
``(4) Payment rate for covered producers.--In the case of a
covered producer that is eligible to receive assistance under
this subsection, the Secretary shall provide reimbursement of
90 percent of the cost of losses described in paragraph (1)
or (2).''.
Subtitle D--Department of Agriculture Reorganization Act of 1994
Amendments
SEC. 12401. OFFICE OF CONGRESSIONAL RELATIONS AND
INTERGOVERNMENTAL AFFAIRS.
(a) Assistant Secretaries of Agriculture.--Section
218(a)(1) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6918(a)(1)) is amended by striking
``Relations'' and inserting ``Relations and Intergovernmental
Affairs''.
(b) Succession.--Any official who is serving as the
Assistant Secretary of Agriculture for Congressional
Relations on the date of enactment of this Act and who was
appointed by the President, by and with the advice and
consent of the Senate, shall not be required to be
reappointed as a result of the change made to the name of
that position under the amendment made by subsection (a).
SEC. 12402. MILITARY VETERANS AGRICULTURAL LIAISON.
Section 219 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6919) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(5) establish and periodically update the website
described in subsection (d); and
``(6) in carrying out the duties described in paragraphs
(1) through (5), consult with and provide technical
assistance to any Federal agency, including the Department of
Defense, the Department of Veterans Affairs, the Small
Business Administration, and the Department of Labor.''; and
(2) by adding at the end the following:
``(d) Website Required.--
``(1) In general.--The website required under subsection
(b)(5) shall include the following:
``(A) Positions identified within the Department of
Agriculture that are available to veterans for
apprenticeships.
``(B) Apprenticeships, programs of training on the job, and
programs of education that are approved for purposes of
chapter 36 of title 38, United States Code.
``(C) Employment skills training programs for members of
the Armed Forces carried out pursuant to section 1143(e) of
title 10, United States Code.
``(D) Information designed to assist businesses, nonprofit
entities, educational institutions, and farmers interested in
developing apprenticeships, on-the-job training, educational,
or entrepreneurial programs for veterans in navigating the
process of having a program approved by a State approving
agency for purposes of chapter 36 of title 38, United States
Code, including--
``(i) contact information for relevant offices in the
Department of Defense, Department of Veterans Affairs,
Department of Labor, and Small Business Administration;
``(ii) basic requirements for approval by each State
approving agency;
``(iii) recommendations with respect to training and
coursework to be used during apprenticeships or on-the-job
training that will enable a veteran to be eligible for
agricultural programs; and
``(iv) examples of successful programs and curriculums that
have been approved for purposes of chapter 36 of title 38,
United States Code (with consent of the organization and
without any personally identifiable information).
``(2) Review of website.--
``(A) In general.--Not later than 5 years after the date of
enactment of this paragraph, and once every 5 years
thereafter, the Secretary shall conduct a study to determine
if the website required under subsection (b)(5) is effective
in providing veterans the information required under
paragraph (1).
``(B) Ineffective website.--If the Secretary determines
that the website is not effective under subparagraph (A), the
Secretary shall--
``(i) notify the agriculture and veterans committees
described in subparagraph (C) of that determination; and
``(ii) not earlier than 180 days after the date on which
the Secretary provides notice under clause (i), terminate the
website.
``(C) Agriculture and veterans committees.--The agriculture
and veterans committees referred to in subparagraph (B)(i)
are--
``(i) the Committee on Agriculture of the House of
Representatives;
``(ii) the Committee on Agriculture, Nutrition, and
Forestry of the Senate;
``(iii) the Committee on Veterans' Affairs of the House of
Representatives; and
``(iv) the Committee on Veterans' Affairs of the Senate.
``(e) Consultation Required.--In carrying out this section,
the Secretary shall consult with organizations that serve
veterans.
``(f) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall submit a report
on beginning farmer training for veterans and agricultural
vocational and rehabilitation programs for veterans to--
``(A) the Committee on Agriculture of the House of
Representatives;
``(B) the Committee on Veterans' Affairs of the House of
Representatives;
``(C) the Committee on Agriculture, Nutrition, and Forestry
of the Senate; and
``(D) the Committee on Veterans' Affairs of the Senate.
``(2) Contents of report.--The report submitted under
paragraph (1) shall include--
``(A) a summary of the measures taken to carry out
subsections (b) and (c);
``(B) a description of the information provided to veterans
under paragraphs (1) and (2) of subsection (b);
``(C) recommendations for best informing veterans of the
programs described in paragraphs (1) and (2) of subsection
(b);
``(D) a summary of the contracts or cooperative agreements
entered into under subsection (c);
``(E) a description of the programs implemented under
subsection (c);
``(F) a summary of the employment outreach activities
directed to veterans;
``(G) recommendations for how opportunities for veterans in
agriculture should be developed or expanded;
``(H) a summary of veteran farm lending data and a summary
of shortfalls, if any, identified by the Military Veterans
Agricultural Liaison in collecting data with respect to
veterans engaged in agriculture; and
``(I) recommendations, if any, on how to improve activities
under subsection (b).
``(g) Public Dissemination of Information.--
``(1) In general.--Not later than 1 year after the date of
enactment of this subsection, and annually thereafter, the
Military Veterans Agricultural Liaison shall make publicly
available and share broadly, including by posting on the
website of the Department--
``(A) the report of the Military Veterans Agricultural
Liaison on beginning farmer training for veterans and
agricultural vocational and rehabilitation programs; and
``(B) the information disseminated under paragraphs (1) and
(2) of subsection (b).
``(2) Further dissemination.--Not later than the day before
the date on which the
[[Page S4624]]
Military Veterans Agricultural Liaison makes publicly
available the information under paragraph (1), the Military
Veterans Agricultural Liaison shall provide that information
to the Department of Defense, the Department of Veterans
Affairs, the Small Business Administration, and the
Department of Labor.''.
SEC. 12403. CIVIL RIGHTS ANALYSES.
(a) In General.--Subtitle A of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6911 et
seq.) (as amended by section 12302(b)) is amended by adding
at the end the following:
``SEC. 223. CIVIL RIGHTS ANALYSES.
``(a) Definition of Civil Rights Analysis.--In this
section, the term `civil rights analysis' means a review to
analyze and identify actions, policies, and decisions under
documents described in subsection (b) that may have an
adverse or disproportionate impact on employees, contractors,
or beneficiaries (including participants) of any program or
activity of the Department based on the membership of the
employees, contractors, or beneficiaries in a group that is
protected under Federal law from discrimination in
employment, contracting, or provision of a program or
activity, as applicable.
``(b) Actions, Policies, and Decisions.--Before
implementing any of the following action, policy, or decision
documents, the Secretary shall conduct a civil rights
analysis of the action, policy, or decision that is the
subject of the document:
``(1) New, revised, or interim rules and notices to be
published in the Federal Register or the Code of Federal
Regulations.
``(2) Charters for advisory committees, councils, or boards
managed by any agency of the Department on behalf of the
Secretary.
``(3) Any regulations of the Department or new or revised
agency-specific instructions, procedures, or other guidance
published in an agency directives system.
``(4) Reductions-in-force or transfer of function
proposals, including reorganization of the Department.
``(5) At the discretion of the Secretary, any other policy,
program, or activity documents that have potentially adverse
civil rights impacts.
``(c) Expedited Review.--The Assistant Secretary for Civil
Rights may grant, on a case-by-case basis, an expedited civil
rights analysis if the head of an agency within the
Department provides a written justification for the expedited
civil rights analysis.
``(d) Waiver.--On petition by the head of any agency within
the Department, the Assistant Secretary for Civil Rights may
grant, on a case-by-case basis, a waiver of the civil rights
analysis if the Assistant Secretary for Civil Rights
determines that there is no foreseeable adverse or
disproportionate impact described in subsection (a) of the
proposed action, policy, or decision document described in
subsection (b).''.
(b) Study; Report.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall conduct a study describing--
(A) the effectiveness of the Department of Agriculture in
processing and resolving civil rights complaints;
(B) minority participation rates in farm programs,
including a comparison of overall farmer and rancher
participation with minority farmer and rancher participation
by considering particular aspects of the programs of the
Department of Agriculture for producers, such as ownership
status, program participation, usage of permits, and waivers;
(C) the realignment the civil rights functions of the
Department of Agriculture, as outlined in Secretarial
Memorandum 1076-023 (March 9, 2018), including an analysis of
whether that realignment has any negative implications on the
civil rights functions of the Department;
(D) efforts of the Department of Agriculture to identify
actions, programs, or activities of the Department of
Agriculture that may adversely affect employees, contractors,
or beneficiaries (including participants) of the action,
program, or activity based on the membership of the
employees, contractors, or beneficiaries in a group that is
protected under Federal law from discrimination in
employment, contracting, or provision of an action, program,
or activity, as applicable; and
(E) efforts of the Department of Agriculture to
strategically plan actions to decrease discrimination and
civil rights complaints within the Department of Agriculture
or in the carrying out of the programs and authorities of the
Department of Agriculture.
(2) Report.--Not later than 60 days after the date of
completion of the study under paragraph (1), the Comptroller
General shall submit a report describing the results of the
study to--
(A) the Committee on Agriculture of the House of
Representatives; and
(B) the Committee on Agriculture, Nutrition, and Forestry
of the Senate.
SEC. 12404. FARM SERVICE AGENCY.
(a) In General.--Section 226 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6932) is
amended--
(1) in the section heading, by striking ``consolidated
farm'' and inserting ``farm'';
(2) in subsection (b), in the subsection heading, by
striking ``of Consolidated Farm Service Agency''; and
(3) by striking ``Consolidated Farm'' each place it appears
and inserting ``Farm''.
(b) Conforming Amendments.--
(1) Section 246 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6962) is amended--
(A) in subsection (c), by striking ``Consolidated Farm''
each place it appears and inserting ``Farm''; and
(B) in subsection (e)(2), by striking ``Consolidated Farm''
each place it appears and inserting ``Farm''.
(2) Section 271(2)(A) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(A)) is amended
by striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
(3) Section 275(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6995(b)) is amended by
striking ``Consolidated Farm'' each place it appears and
inserting ``Farm''.
SEC. 12405. UNDER SECRETARY OF AGRICULTURE FOR FARM
PRODUCTION AND CONSERVATION.
(a) Office of Risk Management.--Section 226A(d)(1) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933(d)(1)) is amended by striking ``Under Secretary
of Agriculture for Farm and Foreign Agricultural Services''
and inserting ``Under Secretary of Agriculture for Farm
Production and Conservation''.
(b) Multiagency Task Force.--Section 242(b)(3) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6952(b)(3)) is amended by striking ``Under Secretary
for Farm and Foreign Agricultural Services'' and inserting
``Under Secretary of Agriculture for Farm Production and
Conservation''.
(c) Food Aid Consultative Group.--Section 205(b)(2) of the
Food for Peace Act (7 U.S.C. 1725(b)(2)) is amended by
striking ``Under Secretary of Agriculture for Farm and
Foreign Agricultural Services'' and inserting ``Under
Secretary of Agriculture for Trade and Foreign Agricultural
Affairs''.
(d) Interagency Committee on Minority Careers in
International Affairs.--Section 625(c)(1)(A) of the Higher
Education Act of 1965 (20 U.S.C. 1131c(c)(1)(A)) is amended
by striking ``Under Secretary'' and all that follows through
``designee'' and inserting ``Under Secretary of Agriculture
for Trade and Foreign Agricultural Affairs, or the designee
of that Under Secretary''.
SEC. 12406. UNDER SECRETARY OF AGRICULTURE FOR RURAL
DEVELOPMENT.
Section 231 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6941) is amended--
(1) in subsection (a), by striking ``is authorized to'' and
inserting ``shall'';
(2) in subsection (b), by striking ``If the Secretary'' and
all that follows through ``the Under Secretary'' and
inserting ``The Under Secretary of Agriculture for Rural
Development''; and
(3) by adding at the end the following:
``(g) Termination of Authority.--Section 296(b)(9) shall
not apply to this section.''.
SEC. 12407. ADMINISTRATOR OF THE RURAL UTILITIES SERVICE.
(a) In General.--
(1) Technical correction.--
(A) In general.--Section 232(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) (as
in effect on the day before the effective date of the
amendments made by section 2(a)(2) of the Presidential
Appointment Efficiency and Streamlining Act of 2011 (Public
Law 112-166; 126 Stat. 1283, 1295)) is amended--
(i) by striking paragraph (2) (relating to succession); and
(ii) by redesignating paragraph (3) (relating to the
Executive Schedule) as paragraph (2).
(B) Effective date.--The amendments made by subparagraph
(A) take effect on the effective date described in section
6(a) of the Presidential Appointment Efficiency and
Streamlining Act of 2011 (Public Law 112-166; 126 Stat.
1295).
(2) Compensation.--Section 232(b) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6942(b)) (as
amended by paragraph (1)) is amended by adding at the end the
following:
``(3) Compensation.--The Administrator of the Rural
Utilities Service shall receive basic pay at a rate not to
exceed the maximum amount of compensation payable to a member
of the Senior Executive Service under subsection (b) of
section 5382 of title 5, United States Code, except that the
certification requirement under that subsection shall not
apply to the compensation of the Director.''.
(b) Conforming Amendments.--
(1) Section 5315 of title 5, United States Code, is amended
by striking ``Administrator, Rural Utilities Service,
Department of Agriculture.''.
(2) Section 748 of Public Law 107-76 (7 U.S.C. 918b) is
amended by striking ``the Administrator of the Rural
Utilities Service'' and inserting ``the Secretary of
Agriculture''.
(3) Section 379B(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2008p(a)) is amended by striking
``Secretary'' and all that follows through ``may'' and
inserting ``Secretary may''.
(4) Section 6407(b)(4) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8107a(b)(4)) is amended by
striking ``Agriculture'' and all that follows through
``Service'' and inserting ``Agriculture''.
[[Page S4625]]
(5) Section 1004 of the Launching our Communities' Access
to Local Television Act of 2000 (47 U.S.C. 1103) is amended--
(A) in subsection (b)(1), by striking ``The Administrator
(as defined in section 1005)'' and inserting ``The Secretary
of Agriculture''; and
(B) in subsection (h)(2)(D), by striking ``Administrator''
each place it appears and inserting ``Secretary of
Agriculture''.
(6) Section 1005 of the Launching our Communities' Access
to Local Television Act of 2000 (47 U.S.C. 1104) is amended--
(A) in subsection (a), by striking ``The Administrator''
and all that follows through ``shall'' and inserting ``The
Secretary of Agriculture (referred to in this section as the
`Secretary') shall''; and
(B) by striking ``Administrator'' each place it appears and
inserting ``Secretary''.
SEC. 12408. RURAL HEALTH LIAISON.
Subtitle C of title II of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6941 et seq.) is amended
by adding at the end the following:
``SEC. 236. RURAL HEALTH LIAISON.
``(a) Authorization.--The Secretary shall establish in the
Department the position of Rural Health Liaison.
``(b) Duties.--The Rural Health Liaison shall--
``(1) in consultation with the Secretary of Health and
Human Services, coordinate the role of the Department with
respect to rural health;
``(2) integrate across the Department the strategic
planning and activities relating to rural health;
``(3) improve communication relating to rural health within
the Department and between Federal agencies;
``(4) advocate on behalf of the health care and relevant
infrastructure needs in rural areas;
``(5) provide to stakeholders, potential grant applicants,
Federal agencies, State agencies, Indian Tribes, private
organizations, and academic institutions relevant data and
information, including the eligibility requirements for, and
availability and outcomes of, Department programs applicable
to the advancement of rural health;
``(6) maintain communication with public health, medical,
occupational safety, and telecommunication associations,
research entities, and other stakeholders to ensure that the
Department is aware of current and upcoming issues relating
to rural health;
``(7) consult on programs, pilot projects, research,
training, and other affairs relating to rural health at the
Department and other Federal agencies;
``(8) provide expertise on rural health to support the
activities of the Secretary as Chair of the Interagency Task
Force on Agriculture and Rural Prosperity; and
``(9) provide technical assistance and guidance with
respect to activities relating to rural health to the
outreach, extension, and county offices of the Department.''.
SEC. 12409. HEALTHY FOOD FINANCING INITIATIVE.
Section 243 of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6953) is amended--
(1) in subsection (a), by inserting ``and enterprises''
after ``retailers'';
(2) in subsection (b)(3)(B)(iii), by inserting ``and
enterprises'' after ``retailers''; and
(3) in subsection (c)(2)(B)(ii), by inserting ``as
applicable,'' before ``to accept''.
SEC. 12410. NATURAL RESOURCES CONSERVATION SERVICE.
(a) Field Offices.--Section 246 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by section 12404(b)(1)) is amended by adding at the
end the following:
``(g) Field Offices.--
``(1) In general.--The Secretary shall not close any field
office of the Natural Resources Conservation Service unless,
not later than 60 days before the date of the closure, the
Secretary submits to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a notification of the
closure.
``(2) Employees.--The Secretary shall not permanently
relocate any field-based employees of the Natural Resources
Conservation Service or the rural development mission area if
doing so would result in a field office of the Natural
Resources Conservation Service or the rural development
mission area with 2 or fewer employees, unless, not later
than 60 days before the date of the permanent relocation, the
Secretary submits to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a notification of the
permanent relocation.''.
(b) Technical Corrections.--Section 246 of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (a)) is amended--
(1) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(C) in paragraph (4) (as so redesignated), by inserting ``;
Public Law 101-624'' after ``note''; and
(D) in paragraph (5) (as so redesignated), by striking
``3831-3836'' and inserting ``3831 et seq.''; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ``paragraphs (1), (2), and (4) of subsection
(b) and the program under subchapter C of chapter 1 of
subtitle D of title XII of the Food Security Act of 1985 (16
U.S.C. 3837-3837f)'' and inserting ``paragraphs (1) and (3)
of subsection (b)''.
(c) Relocation in Act.--
(1) In general.--Section 246 of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6962) (as
amended by subsection (b)) is--
(A) redesignated as section 228; and
(B) moved so as to appear at the end of subtitle B of title
II (7 U.S.C. 6931 et seq.).
(2) Conforming amendments.--
(A) Section 226 of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6932) (as amended by
section 12404(a)) is amended--
(i) in subsection (b)(5), by striking ``section 246(b)''
and inserting ``section 228(b)''; and
(ii) in subsection (g)(2), by striking ``section 246(b)''
and inserting ``section 228(b)''.
(B) Section 271(2)(F) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6991(2)(F)) is amended
by striking ``section 246(b)'' and inserting ``section
228(b)''.
SEC. 12411. OFFICE OF THE CHIEF SCIENTIST.
(a) In General.--Section 251(e) of the Department of
Agriculture Reorganization Act of 1994 (7 U.S.C. 6971(e)) is
amended--
(1) in the subsection heading, by striking ``Research,
Education, and Extension Office'' and inserting ``Office of
the Chief Scientist'';
(2) in paragraph (1), by striking ``Research, Education,
and Extension Office'' and inserting ``Office of the Chief
Scientist'';
(3) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``Research, Education, and Extension
Office'' and inserting ``Office of the Chief Scientist'';
(4) in paragraph (3)(C), by striking ``subparagraph (A)
shall not exceed 4 years'' and inserting ``clauses (i) and
(iii) of subparagraph (A) shall be for not less than 3
years'';
(5) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6), respectively;
(6) by inserting after paragraph (3) the following:
``(4) Additional leadership duties.--In addition to
selecting the Division Chiefs under paragraph (3), using
available personnel authority under title 5, United States
Code, the Under Secretary shall select personnel--
``(A) to oversee implementation, training, and compliance
with the scientific integrity policy of the Department;
``(B)(i) to integrate strategic program planning and
evaluation functions across the programs of the Department;
and
``(ii) to help prepare the annual report to Congress on the
relevance and adequacy of programs under the jurisdiction of
the Under Secretary;
``(C) to assist the Chief Scientist in coordinating the
international engagements of the Department with the
Department of State and other international agencies and
offices of the Federal Government; and
``(D) to oversee other duties as may be required by law or
Department policy.'';
(7) in paragraph (5) (as so redesignated)--
(A) in subparagraph (A), by striking ``Notwithstanding''
and inserting the following:
``(i) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
fund the costs of Division personnel.
``(ii) Additional funding.--In addition to amounts made
available under clause (i), notwithstanding''; and
(B) in subparagraph (C)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) provides strong staff continuity to the Office of
the Chief Scientist.''; and
(8) in paragraph (6) (as so redesignated), by striking
``Research, Education and Extension Office'' and inserting
``Office of the Chief Scientist''.
(b) Conforming Amendments.--
(1) Section 251(f)(5)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6971(f)(5)(B)) is
amended by striking ``Research, Education and Extension
Office'' and inserting ``Office of the Chief Scientist''.
(2) Section 296(b)(6)(B) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)(6)(B)) is
amended by striking ``Research, Education, and Extension
Office'' and inserting ``Office of the Chief Scientist''.
SEC. 12412. TRADE AND FOREIGN AGRICULTURAL AFFAIRS.
The Department of Agriculture Reorganization Act of 1994 is
amended--
(1) by redesignating subtitle J (7 U.S.C. 7011 et seq.) as
subtitle K; and
(2) by inserting after subtitle I (7 U.S.C. 7005 et seq.)
the following:
``Subtitle J--Trade and Foreign Agricultural Affairs
``SEC. 287. UNDER SECRETARY OF AGRICULTURE FOR TRADE AND
FOREIGN AGRICULTURAL AFFAIRS.
``(a) Establishment.--There is established in the
Department the position of Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs.
``(b) Appointment.--The Under Secretary of Agriculture for
Trade and Foreign Agricultural Affairs shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(c) Functions.--
``(1) Principal functions.--The Secretary shall delegate to
the Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs those functions and duties under the
[[Page S4626]]
jurisdiction of the Department that are related to trade and
foreign agricultural affairs.
``(2) Additional functions.--The Under Secretary of
Agriculture for Trade and Foreign Agricultural Affairs shall
perform such other functions and duties as may be--
``(A) required by law; or
``(B) prescribed by the Secretary.''.
SEC. 12413. REPEALS.
(a) Department of Agriculture Reorganization Act of 1994.--
The following provisions of the Department of Agriculture
Reorganization Act of 1994 are repealed:
(1) Section 211 (7 U.S.C. 6911).
(2) Section 213 (7 U.S.C. 6913).
(3) Section 214 (7 U.S.C. 6914).
(4) Section 217 (7 U.S.C. 6917).
(5) Section 247 (7 U.S.C. 6963).
(6) Section 252 (7 U.S.C. 6972).
(7) Section 295 (7 U.S.C. 7013).
(b) Other Provision.--Section 3208 of the Agricultural Act
of 2014 (7 U.S.C. 6935) is repealed.
SEC. 12414. TECHNICAL CORRECTIONS.
(a) Office of Risk Management.--Section 226A(a) of the
Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933(a)) is amended by striking ``Subject to
subsection (e), the Secretary'' and inserting ``The
Secretary''.
(b) Correction of Error.--
(1) Assistant secretaries of agriculture.--Section 218 of
the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6918) (as in effect on the day before the effective
date of the amendments made by section 2(a)(1) of the
Presidential Appointment Efficiency and Streamlining Act of
2011 (Public Law 112-166; 126 Stat. 1283, 1295)) is amended
by striking ``Senate.'' in subsection (b) and all that
follows through ``responsibility for--'' in the matter
preceding paragraph (1) of subsection (d) and inserting the
following: ``Senate.
``(c) Duties of Assistant Secretary of Agriculture for
Civil Rights.--The Secretary may delegate to the Assistant
Secretary for Civil Rights responsibility for--''.
(2) Effective date.--The amendments made by paragraph (1)
take effect on the effective date described in section 6(a)
of the Presidential Appointment Efficiency and Streamlining
Act of 2011 (Public Law 112-166; 126 Stat. 1295).
SEC. 12415. EFFECT OF SUBTITLE.
(a) Effective Date.--Except as provided in sections
12407(a)(1)(B) and 12414(b)(2), this subtitle and the
amendments made by this subtitle take effect on the date of
enactment of this Act.
(b) Savings Clause.--Nothing in this subtitle or an
amendment made by this subtitle affects--
(1) the authority of the Secretary to continue to carry out
a function vested in, and performed by, the Secretary as of
the date of enactment of this Act; or
(2) the authority of an agency, office, officer, or
employee of the Department of Agriculture to continue to
perform all functions delegated or assigned to the agency,
office, officer, or employee as of the date of enactment of
this Act.
SEC. 12416. TERMINATION OF AUTHORITY.
Section 296(b) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by
adding at the end the following:
``(9) The authority of the Secretary to carry out the
amendments made to this title by the Agriculture Improvement
Act of 2018.''.
Subtitle E--Other Miscellaneous Provisions
SEC. 12501. ACER ACCESS AND DEVELOPMENT PROGRAM.
Section 12306(f) of the Agricultural Act of 2014 (7 U.S.C.
1632c(f)) is amended by striking ``2018'' and inserting
``2023''.
SEC. 12502. SOUTH CAROLINA INCLUSION IN VIRGINIA/CAROLINA
PEANUT PRODUCING REGION.
Section 1308(c)(2)(B)(iii) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 7958(c)(2)(B)(iii)) is
amended by striking ``Virginia and North Carolina'' and
inserting ``Virginia, North Carolina, and South Carolina''.
SEC. 12503. PET AND WOMEN SAFETY.
(a) Pet Involvement in Crimes Related to Domestic Violence
and Stalking.--
(1) Interstate stalking.--Section 2261A of title 18, United
States Code, is amended--
(A) in paragraph (1)(A)--
(i) in clause (ii), by striking ``or'' at the end; and
(ii) by inserting after clause (iii) the following:
``(iv) the pet of that person; or''; and
(B) in paragraph (2)(A)--
(i) by inserting after ``to a person'' the following: ``or
a pet''; and
(ii) by striking ``or (iii)'' and inserting ``(iii), or
(iv)''.
(2) Interstate violation of protection order.--Section 2262
of title 18, United States Code, is amended--
(A) in subsection (a)--
(i) in paragraph (1), by inserting after ``another person''
the following: ``or the pet of that person''; and
(ii) in paragraph (2), by inserting after ``proximity to,
another person'' the following ``or the pet of that person'';
and
(B) in subsection (b)(5), by inserting after ``in any other
case,'' the following: ``including any case in which the
offense is committed against a pet,''.
(3) Restitution to include veterinary services.--Section
2264 of title 18, United States Code, is amended in
subsection (b)(3)--
(A) by redesignating subparagraph (F) as subparagraph (G);
(B) in subparagraph (E), by striking ``and'' at the end;
and
(C) by inserting after subparagraph (E) the following:
``(F) veterinary services relating to physical care for the
victim's pet; and''.
(4) Pet defined.--Section 2266 of title 18, United States
Code, is amended by inserting after paragraph (10) the
following:
``(11) Pet.--The term `pet' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, horse, or
other animal that is kept for pleasure rather than for
commercial purposes.''.
(b) Emergency and Transitional Pet Shelter and Housing
Assistance Grant Program.--
(1) In general.--The Secretary, acting in consultation with
the Office of the Violence Against Women of the Department of
Justice, the Secretary of Housing and Urban Development, and
the Secretary of Health and Human Services, shall award
grants under this subsection to eligible entities to carry
out programs to provide the assistance described in paragraph
(3) with respect to victims of domestic violence, dating
violence, sexual assault, or stalking and the pets of such
victims.
(2) Application.--
(A) In general.--An eligible entity seeking a grant under
this subsection shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may reasonably require, including--
(i) a description of the activities for which a grant under
this subsection is sought;
(ii) such assurances as the Secretary determines to be
necessary to ensure compliance by the entity with the
requirements of this subsection; and
(iii) a certification that the entity, before engaging with
any individual domestic violence victim, will disclose to the
victim any mandatory duty of the entity to report instances
of abuse and neglect (including instances of abuse and
neglect of pets).
(B) Additional requirements.--In addition to the
requirements of subparagraph (A), each application submitted
by an eligible entity under that subparagraph shall--
(i) not include proposals for any activities that may
compromise the safety of a domestic violence victim,
including--
(I) background checks of domestic violence victims; or
(II) clinical evaluations to determine the eligibility of
such a victim for support services;
(ii) not include proposals that would require mandatory
services for victims or that a victim obtain a protective
order in order to receive proposed services; and
(iii) reflect the eligible entity's understanding of the
dynamics of domestic violence, dating violence, sexual
assault, or stalking.
(C) Rules of construction.--Nothing in this paragraph shall
be construed to require--
(i) domestic violence victims to participate in the
criminal justice system in order to receive services; or
(ii) eligible entities receiving a grant under this
subsection to breach client confidentiality.
(3) Use of funds.--Grants awarded under this subsection may
only be used for programs that provide--
(A) emergency and transitional shelter and housing
assistance for domestic violence victims with pets, including
assistance with respect to any construction or operating
expenses of newly developed or existing emergency and
transitional pet shelter and housing (regardless of whether
such shelter and housing is co-located at a victim service
provider or within the community);
(B) short-term shelter and housing assistance for domestic
violence victims with pets, including assistance with respect
to expenses incurred for the temporary shelter, housing,
boarding, or fostering of the pets of domestic violence
victims and other expenses that are incidental to securing
the safety of such a pet during the sheltering, housing, or
relocation of such victims;
(C) support services designed to enable a domestic violence
victim who is fleeing a situation of domestic violence,
dating violence, sexual assault, or stalking to--
(i) locate and secure--
(I) safe housing with the victim's pet; or
(II) safe accommodations for the victim's pet; or
(ii) provide the victim with pet-related services, such as
pet transportation, pet care services, and other assistance;
or
(D) for the training of relevant stakeholders on--
(i) the link between domestic violence, dating violence,
sexual assault, or stalking and the abuse and neglect of
pets;
(ii) the needs of domestic violence victims;
(iii) best practices for providing support services to such
victims;
(iv) best practices for providing such victims with
referrals to victims' services; and
(v) the importance of confidentiality.
(4) Grant conditions.--An eligible entity that receives a
grant under this subsection shall, as a condition of such
receipt, agree--
[[Page S4627]]
(A) to be bound by the nondisclosure of confidential
information requirements of section 40002(b)(2) of the
Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(2));
and
(B) that the entity shall not condition the receipt of
support, housing, or other benefits provided pursuant to this
subsection on the participation of domestic violence victims
in any or all of the support services offered to such victims
through a program carried out by the entity using grant
funds.
(5) Duration of assistance provided to victims.--
(A) In general.--Subject to subparagraph (B), assistance
provided with respect to a pet of a domestic violence victim
using grant funds awarded under this subsection shall be
provided for a period of not more than 24 months.
(B) Extension.--An eligible entity that receives a grant
under this subsection may extend the 24-month period referred
to in subparagraph (A) for a period of not more than 6 months
in the case of a domestic violence victim who--
(i) has made a good faith effort to acquire permanent
housing for the victim's pet during that 24-month period; and
(ii) has been unable to acquire such permanent housing
within that period.
(6) Report to the secretary.--Not later than 1 year after
the date on which an eligible entity receives a grant under
this subsection and each year thereafter, the entity shall
submit to the Secretary a report that contains, with respect
to assistance provided by the entity to domestic violence
victims with pets using grant funds received under this
subsection, information on--
(A) the number of domestic violence victims with pets
provided such assistance; and
(B) the purpose, amount, type of, and duration of such
assistance.
(7) Report to congress.--
(A) Reporting requirement.--Not later than November 1 of
each even-numbered fiscal year, the Secretary shall submit to
the Committee on Agriculture of the House of Representatives
and the Committee on Agriculture, Nutrition, and Forestry of
the Senate a report that contains a compilation of the
information contained in the reports submitted under
paragraph (6).
(B) Availability of report.--The Secretary shall transmit a
copy of the report submitted under subparagraph (A) to--
(i) the Office on Violence Against Women of the Department
of Justice;
(ii) the Office of Community Planning and Development of
the Department of Housing and Urban Development; and
(iii) the Administration for Children and Families of the
Department of Health and Human Services.
(8) Authorization of appropriations.--
(A) In general.--There are authorized to be appropriated to
carry out this subsection $3,000,000 for each of fiscal years
2019 through 2023.
(B) Limitation.--Of the amount made available under
subparagraph (A) in any fiscal year, not more than 5 percent
may be used for evaluation, monitoring, salaries, and
administrative expenses.
(9) Definitions.--In this subsection:
(A) Domestic violence victim defined.--The term ``domestic
violence victim'' means a victim of domestic violence, dating
violence, sexual assault, or stalking.
(B) Eligible entity.--The term ``eligible entity'' means--
(i) a State;
(ii) a unit of local government;
(iii) an Indian tribe; or
(iv) any other organization that has a documented history
of effective work concerning domestic violence, dating
violence, sexual assault, or stalking (as determined by the
Secretary), including--
(I) a domestic violence and sexual assault victim service
provider;
(II) a domestic violence and sexual assault coalition;
(III) a community-based and culturally specific
organization;
(IV) any other nonprofit, nongovernmental organization; and
(V) any organization that works directly with pets and
collaborates with any organization referred to in clauses (i)
through (iv), including--
(aa) an animal shelter; and
(bb) an animal welfare organization.
(C) Pet.--The term ``pet'' means a domesticated animal,
such as a dog, cat, bird, rodent, fish, turtle, horse, or
other animal that is kept for pleasure rather than for
commercial purposes.
(D) Other terms.--Except as otherwise provided in this
subsection, terms used in this section shall have the meaning
given such terms in section 40002(a) of the Violence Against
Women Act of 1994 (34 U.S.C. 12291(a)).
(c) Sense of Congress.--It is the sense of Congress that
States should encourage the inclusion of protections against
violent or threatening acts against the pet of a person in
domestic violence protection orders.
SEC. 12504. DATA ON CONSERVATION PRACTICES.
Subtitle E of title XII of the Food Security Act of 1985
(16 U.S.C. 3841 et seq.) is amended by adding at the end the
following:
``SEC. 1247. DATA ON CONSERVATION PRACTICES.
``(a) Purpose.--The purpose of this section is to increase
the knowledge of how covered conservation practices or suites
of covered conservation practices impact farm and ranch
profitability (such as crop yields, soil health, and other
risk-reducing factors) by using an appropriate collection,
review, and analysis of data.
``(b) Definitions.--In this section:
``(1) Covered conservation practice.--The term `covered
conservation practice' means a conservation practice--
``(A) that is approved and supported by the Department; and
``(B) for which the Department has developed 1 or more
practice standards.
``(2) Department.--The term `Department' means the
Department of Agriculture.
``(3) Privacy and confidentiality requirements.--
``(A) In general.--The term `privacy and confidentiality
requirements' means all laws applicable to the Department and
the agencies of the Department that protect data provided to,
or collected by, the agencies of the Department from being
disclosed to the public in any manner except as authorized by
those laws.
``(B) Inclusions.--The term `privacy and confidentiality
requirements' includes--
``(i) sections 552 and 552a of title 5, United States Code;
``(ii) section 502(c) of the Federal Crop Insurance Act (7
U.S.C. 1502(c));
``(iii) section 1770 of the Food Security Act of 1985 (7
U.S.C. 2276);
``(iv) section 1619 of the Food, Conservation, and Energy
Act of 2008 (7 U.S.C. 8791); and
``(v) the Confidential Information Protection and
Statistical Efficiency Act of 2002 (44 U.S.C. 3501 note;
Public Law 107-347).
``(c) Data Collection, Review, Analysis, and Technical
Assistance.--
``(1) In general.--Subject to applicable privacy and
confidentiality requirements, the Secretary shall--
``(A) not less frequently than annually, review and publish
a summary of existing research of the Department,
institutions of higher education, and other organizations
relating to the impacts of covered conservation practices
that relate to crop yields, soil health, risk, and farm and
ranch profitability;
``(B) identify current data pertaining to the impacts of
covered conservation practices that relate to crop yields,
soil health, risk, and farm and ranch profitability collected
by the Department, including--
``(i) the Farm Service Agency;
``(ii) the Risk Management Agency;
``(iii) the Natural Resources Conservation Service;
``(iv) the National Agricultural Statistics Service;
``(v) the Economic Research Service; and
``(vi) any other relevant agency, as determined by the
Secretary;
``(C) collect additional data specifically pertaining to
the impacts of covered conservation practices that relate to
crop yields, soil health, risk, and farm and ranch
profitability necessary to achieve the purpose described in
subsection (a), on the condition that a producer shall not be
compelled or required to provide that data;
``(D) ensure that data identified or collected under
subparagraph (B) or (C), respectively, are collected in a
compatible format at the field- and farm-level;
``(E) improve the interoperability of the data collected by
the Department for the purposes of this section;
``(F) in carrying out subparagraph (C), use existing
authorities and procedures of the National Agricultural
Statistics Service to allow producers to voluntarily provide
supplemental data that may be useful in analyzing the impacts
of covered conservation practices relating to crop yields,
soil health, risk, and farm and ranch profitability using the
least burdensome means to collect that data, such as through
voluntary producer surveys;
``(G) integrate and analyze the data identified or
collected under this subsection to consider the impacts of
covered conservation practices relating to crop yields, soil
health, risk, and farm and ranch profitability;
``(H) acting through the Administrator of the Risk
Management Agency, in coordination with the Administrator of
the Farm Service Agency and the Chief of the Natural
Resources Conservation Service--
``(i) research and analyze how yield variability and risk
are affected by different soil types for major crops;
``(ii) research and analyze how yield variability and risk
for different soil types are affected by individual, or
combinations of, agricultural management practices, including
cover crops, no-till farming, adaptive nitrogen management,
skip-row planting, and crop rotation for major crops; and
``(iii) not later than 2 years after the date of enactment
of this section, publish the findings of the research under
clauses (i) and (ii);
``(I) to the extent practicable, integrate, collate, and
link data identified under this subsection with other
external data sources that include crop yields, soil health,
and conservation practices, ensuring that all privacy and
confidentiality requirements are implemented to protect all
data subject to the privacy and confidentiality requirements;
``(J) not later than 2 years after the date of enactment of
this section--
``(i) establish a conservation and farm productivity data
warehouse that contains the data identified or collected
under subparagraph (B) or (C), respectively, in a form
authorized under the privacy and confidentiality requirements
applicable to each agency of the Department that contributes
data to the data warehouse; and
[[Page S4628]]
``(ii) allow access to the data warehouse established under
clause (i) by an academic institution or researcher, if the
academic institution or researcher has complied with all
requirements of the National Agricultural Statistics Service
under section 1770 of the Food Security Act of 1985 (7 U.S.C.
2276) relating to the sharing of data of the Natural
Agricultural Statistics Service; and
``(K) not less frequently than annually, and, if
practicable, more frequently than annually, disseminate the
results of the research and analysis obtained through
carrying out this section that demonstrate the impacts of
covered conservation practices on crop yields, soil health,
risk, and farm and ranch profitability in an aggregate manner
that protects individual producer data and makes the results
of the research and analysis easily used and implemented by
producers and other stakeholders.
``(2) Procedures to protect integrity and
confidentiality.--
``(A) In general.--Before providing access to any data
under paragraph (1), the Secretary shall establish procedures
to protect the integrity and confidentiality of any data
identified, collected, or warehoused under this section.
``(B) Requirements.--Procedures under subparagraph (A)
shall--
``(i) ensure that any research or analysis published or
disseminated by any person with access to the data
identified, collected, or warehoused under this section
complies with all applicable privacy and confidentiality
requirements relating to that data; and
``(ii) limit access to data to only individuals
specifically authorized to access the data by the Secretary.
``(3) Administration.--The Secretary shall carry out
paragraph (1) using--
``(A) authorities available to the Secretary under other
applicable laws; and
``(B) funds otherwise made available to the Secretary.
``(4) Effect.--
``(A) Combination of data.--The combination of data
protected from disclosure under the privacy and
confidentiality requirements with data covered by lesser
protections or no protections in the data warehouse
established under paragraph (1)(J)(i) shall not modify or
otherwise affect the privacy and confidentiality requirements
that protect the data.
``(B) Protections from release.--Data provided by an agency
of the Department under this section shall continue to be
covered by the same protections from release as if that data
were in the possession of the agency.
``(d) Producer Tools.--
``(1) In general.--Not later than 3 years after the date of
enactment of this section, the Secretary shall provide
technical assistance, including through internet-based tools,
based on the analysis conducted in carrying out this section
and other sources of relevant data, to assist producers in
improving sustainable production practices that increase
yields and enhance environmental outcomes.
``(2) Internet-based tools.--Internet-based tools described
in paragraph (1) shall provide to producers, to the maximum
extent practicable--
``(A) confidential data specific to each farm or ranch of
the producer; and
``(B) general data relating to the impacts of covered
conservation practices on crop yields, soil health, risk, and
farm and ranch profitability.
``(e) Limitation.--Nothing in this section mandates the
submission of information by a producer that is not already
required for another purpose under a program of the
Department.
``(f) Reporting.--Not later than 1 year after the date of
enactment of this section, and each year thereafter, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report that
includes--
``(1) a summary of the analysis conducted under this
section;
``(2) the number and regions of producers that voluntarily
submitted information under subparagraphs (C) and (F) of
subsection (c)(1);
``(3) a description of any additional or new activities
planned to be conducted under this section in the next fiscal
year, including--
``(A) research relating to any additional conservation
practices;
``(B) any new types of data to be collected;
``(C) any improved or streamlined data collection efforts
associated with this section; and
``(D) any new research projects; and
``(4) in the case of the first 2 reports submitted under
this subsection, a description of the current status of the
implementation of activities under subsection (c).''.
SEC. 12505. MARKETING ORDERS.
Section 8e(a) of the Agricultural Adjustment Act (7 U.S.C.
608e-1(a)), reenacted with amendments by the Agricultural
Marketing Agreement Act of 1937, is amended by inserting
``cherries, pecans,'' after ``walnuts,''.
SEC. 12506. STUDY ON FOOD WASTE.
(a) Definition of Food Waste.--In this section, the term
``food waste'' means food waste that occurs--
(1) on the farm and ranch production level; and
(2) before and after the harvest period.
(b) Study.--The Secretary shall conduct a study to evaluate
and determine--
(1) methods of measuring food waste;
(2) standards for the volume of food waste;
(3) factors that create food waste;
(4) the cost and volume of food loss of--
(A) domestic fresh food products; and
(B) imported fresh food products that pass import
inspection but do not make it to market in the United States,
consistent with article III of the GATT 1994 (as defined in
section 2 of the Uruguay Round Agreements Act (19 U.S.C.
3501));
(5) the reason for the waste described in subparagraphs (A)
and (B) of paragraph (4); and
(6) the potential economic value of the products described
in subparagraphs (A) and (B) of paragraph (4) if the products
were taken to market; and
(7) measures to ensure that programs contemplated,
undertaken, or funded by the Department of Agriculture do not
disrupt existing food waste recovery and disposal by
commercial, marketing, or business relationships.
(c) Initial Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit a report
that describes the results of the study conducted under
subsection (b) to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate.
(d) Annual Report.--Not later than 1 year after the date of
submission of the report under subsection (c), the Secretary
shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report that describes--
(1) an estimate of the quantity of food waste during the 1-
year period ending on the date of submission of the report
under subsection (c); and
(2) the best practices or other recommendations that the
Secretary, producers, or other stakeholders may consider to
reduce food waste.
SEC. 12507. REPORT ON BUSINESS CENTERS.
(a) In General.--Not later than 365 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a report evaluating
each business center established in the Department of
Agriculture.
(b) Inclusions.--The report under subsection (a) shall
include--
(1) an examination of the effectiveness of each business
center in carrying out its mission, including any
recommendations to improve the operation of and function of
any of those business centers; and
(2) an evaluation of--
(A) the impact the business centers have on customer
service of the Department of Agriculture;
(B) the impact on the annual budget for agencies the budget
offices of which have been relocated to the business center,
and the effectiveness of funds used to support the business
centers, including an accounting of all discretionary and
mandatory funding provided to the business center for
conservation and farm services from--
(i) the Natural Resources Conservation Service;
(ii) the Farm Service Agency; and
(iii) the Risk Management Agency;
(C) funding described in subparagraph (B) spent on
information technology modernizations;
(D) the impact that the business centers have had on the
human resources of the Department of Agriculture, including
hiring;
(E) any concerns or problems with the business centers; and
(F) any positive or negative impact that the business
centers have had on the functionality of the Department of
Agriculture.
SEC. 12508. INFORMATION TECHNOLOGY MODERNIZATION.
(a) In General.--The Comptroller General of the United
States (referred to in this section as the ``Comptroller
General'') shall examine efforts of the Department of
Agriculture --
(1) relating to information technology for the business
center established by the Secretary for the farm production
and conservation activities of the Department of Agriculture;
and
(2) to modernize or otherwise improve information
technology for--
(A) the Centers of Excellence of the Department of
Agriculture; and
(B) other major information technology projects of the
Department of Agriculture that have the potential to impact
the ability of the Department of Agriculture to serve
farmers, ranchers, and families.
(b) Reports.--
(1) Initial report.--Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate an initial report or a detailed
briefing on the efforts examined under subsection (a),
including--
(A) a detailed description of each ongoing or planned
information technology modernization project and investment
in information technology at the Department of Agriculture
described in paragraph (1) or (2) of subsection (a) (referred
to in this subsection as a ``project or investment'');
[[Page S4629]]
(B) the justification of the Secretary for each project or
investment;
(C) a description of whether a cost-benefit analysis was
completed for each project or investment identifying savings
that will be achieved through the completion of the project
or investment; and
(D) a description of any concerns about the projects or
investments or recommendations for improving the projects or
investments.
(2) Updates.--In carrying out paragraph (1), the
Comptroller General shall provide to the Committee on
Agriculture of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate regular
briefings to give status updates.
(3) Comprehensive report.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a comprehensive report that
reviews each project or investment, including--
(A) a review of any contract awards or contracting
activities;
(B) a description of any problems or inadequacies in the
projects and investments; and
(C) any recommendations for improving the projects and
investments.
SEC. 12509. REPORT ON PERSONNEL.
For the period of fiscal years 2019 through 2023, the
Secretary shall submit to the Committee on Agriculture of the
House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate a biannual report
describing the number of staff years and employees of each
agency of the Department of Agriculture.
SEC. 12510. REPORT ON ABSENT LANDLORDS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the effects of absent landlords on the
long-term economic health of agricultural production,
including the effect of absent landlords on--
(1) land valuation;
(2) soil health; and
(3) the economic stability of rural communities.
(b) Contents.--The report under subsection (a) shall
include--
(1) a description of the positive and negative effects of
an absent landlord on the land owned by the landlord,
including--
(A) the effect of an absent landlord on the long-term value
of the land; and
(B) the environmental and economic impact of an absent
landlord on the surrounding community; and
(2) recommendations to policymakers concerning how to
mitigate those effects when necessary.
SEC. 12511. RESTRICTION ON USE OF CERTAIN POISONS FOR
PREDATOR CONTROL.
(a) Purpose.--The purpose of this section is to restrict
the use of sodium cyanide to kill predatory animals given the
risks posed by sodium cyanide to--
(1) public safety;
(2) national security;
(3) the environment; and
(4) persons and other animals that come into accidental
contact with sodium cyanide.
(b) Prohibition.--The Secretary shall use sodium cyanide in
a predator control device described in subsection (c) only in
accordance with Wildlife Services Directive Number 2.415 of
the Animal and Plant Health Inspection Service, dated
February 27, 2018, and the implementation guidelines attached
to that Directive.
(c) Predator Control Device Described.--A predator control
device referred to in subsection (b) is--
(1) a dispenser designed to propel sodium cyanide when
activated by an animal;
(2) a gas cartridge or other pyrotechnic device designed to
emit sodium cyanide fumes; and
(3) any other means of dispensing sodium cyanide, including
in the form of capsules, for wildlife management or other
animal control purposes.
SEC. 12512. CENTURY FARMS PROGRAM.
The Secretary shall establish a program under which the
Secretary recognizes any farm that--
(1) a State department of agriculture or similar statewide
agricultural organization recognizes as a Century Farm; or
(2)(A) is defined as a farm or ranch under section 4284.902
of title 7, Code of Federal Regulations (as in effect on the
date of enactment of this Act);
(B) has been in continuous operation for at least 100
years; and
(C) has been owned by the same family for at least 100
consecutive years, as verified through deeds, wills,
abstracts, tax statements, or other similar legal documents
considered appropriate by the Secretary.
SEC. 12513. REPORT ON THE IMPORTATION OF LIVE DOGS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Commerce, the Secretary of Health and Human
Services, and the Secretary of Homeland Security, shall
submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the importation of
live dogs into the United States.
(b) Contents.--The Secretaries described in subsection (a)
shall provide relevant data to complete the report submitted
under subsection (a), which shall include, with respect to
the importation of live dogs into the United States:
(1) An estimate of the number of live dogs imported
annually, excluding personal pets.
(2) An estimate of the number of live dogs imported for
resale annually.
(3) An estimate of the number of dogs during the period
covered by the report for which a request for the importation
of live dogs for resale was denied because the proposed
importation failed to meet the requirements of section 18 of
the Animal Welfare Act (7 U.S.C. 2148).
(4) Any recommendations of the Secretary for any
modifications to Federal law relating to the importation of
live dogs for resale that the Secretary determines to be
necessary to meet the requirements of section 18 of the
Animal Welfare Act (7 U.S.C. 2148).
SEC. 12514. ESTABLISHMENT OF TECHNICAL ASSISTANCE PROGRAM.
(a) Definition.--In this section, the term ``tribally
designated housing entity'' has the meaning given the term in
section 4 of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4103).
(b) In General.--The Secretary shall establish a technical
assistance program to improve access by Tribal entities to
rural development programs funded by the Department of
Agriculture through available cooperative agreement
authorities of the Secretary.
(c) Technical Assistance Program.--The technical assistance
program established under subsection (b) shall address the
unique challenge of Tribal governments, Tribal producers,
Tribal businesses, Tribal business entities, and tribally
designated housing entities in accessing Department of
Agriculture-supported rural infrastructure, rural cooperative
development, rural business and industry, rural housing, and
other rural development activities.
SEC. 12515. PROMISE ZONES.
(a) In General.--In this section, the term ``Tribal Promise
Zone'' means an area that--
(1) is nominated by 1 or more Indian tribes (as defined in
section 4(13) of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103(13))) for
designation as a Tribal Promise Zone (in this section
referred to as a ``nominated zone'');
(2) has a continuous boundary; and
(3) the Secretary designates as a Tribal Promise Zone,
after consultation with the Secretary of Commerce, the
Secretary of Education, the Attorney General, the Secretary
of the Interior, the Secretary of Housing and Urban
Development, the Secretary of Health and Human Services, the
Secretary of Labor, the Secretary of the Treasury, the
Secretary of Transportation, and other agencies as
appropriate.
(b) Authorization and Number of Designations.--Not later
than 1 year after the date of enactment of this Act, the
Secretary shall nominate a minimum number of nominated zones,
as determined by the Secretary in consultation with Indian
tribes, to be designated as Tribal Promise Zones.
(c) Period of Designations.--
(1) In general.--The Secretary shall designate nominated
zones as Tribal Promise Zones before January 1, 2020.
(2) Effective dates of designations.--The designation of
any Tribal Promise Zone shall take effect--
(A) for purposes of priority consideration in Federal grant
programs and initiatives (other than this section), upon
execution of the Tribal Promise Zone agreement with the
Secretary; and
(B) for purposes of this section, on January 1 of the first
calendar year beginning after the date of the execution of
the Tribal Promise Zone agreement.
(3) Termination of designations.--The designation of any
Tribal Promise Zone shall end on the earlier of--
(A)(i) with respect to a Tribal Promise Zone not described
in paragraph (4), the end of the 10-year period beginning on
the date that such designation takes effect; or
(ii) with respect to a Tribal Promise Zone described in
paragraph (4), the end of the 10-year period beginning on the
date the area was designated as a Tribal Promise Zone before
the date of the enactment of this Act; or
(B) the date of the revocation of such designation.
(4) Application to certain zones already designated.--In
the case of any area designated as a Tribal Promise Zone by
the Secretary before the date of the enactment of this Act,
such area shall be deemed a Tribal Promise Zone designated
under this section (notwithstanding whether any such
designation has been revoked before the date of the enactment
of this Act) and shall reduce the number of Tribal Promise
Zones remaining to be designated under paragraph (1).
(d) Limitations on Designations.--No area may be designated
under this section unless--
(1) the entities nominating the area have the authority to
nominate the area of designation under this section;
(2) such entities provide written assurances satisfactory
to the Secretary that the competitiveness plan described in
the application under subsection (e) for such area will be
implemented and that such entities will provide the Secretary
with such data regarding the economic conditions of the area
(before, during, and after the area's period of designation
as a Tribal Promise Zone) as such Secretary may require; and
[[Page S4630]]
(3) the Secretary determines that any information furnished
is reasonably accurate.
(e) Application.--No area may be designated under this
section unless the application for such designation--
(1) demonstrates that the nominated zone satisfies the
eligibility criteria described in subsection (a); and
(2) includes a competitiveness plan that--
(A) addresses the need of the nominated zone to attract
investment and jobs and improve educational opportunities;
(B) leverages the nominated zone's economic strengths and
outlines targeted investments to develop competitive
advantages;
(C) demonstrates collaboration across a wide range of
stakeholders;
(D) outlines a strategy that connects the nominated zone to
drivers of regional economic growth; and
(E) proposes a strategy for focusing on increased access to
high quality affordable housing and improved public safety.
(f) Selection Criteria.--
(1) In general.--From among the nominated zones eligible
for designation under this section, the Secretary shall
designate Tribal Promise Zones on the basis of--
(A) the effectiveness of the competitiveness plan submitted
under subsection (e) and the assurances made under subsection
(d);
(B) unemployment rates, poverty rates, vacancy rates, crime
rates, and such other factors as the Secretary may identify,
including household income, labor force participation, and
educational attainment; and
(C) other criteria as determined by the Secretary.
(2) Minimal standards.--The Secretary may set minimal
standards for the levels of unemployment and poverty that
must be satisfied for designation as a Tribal Promise Zone.
(g) Competitive Enhancement in Federal Awards to Tribal
Promise Zones.--Notwithstanding any other provision of law,
each Federal grant program, technical assistance, and
capacity-building competitive funding application
opportunity, made available under any appropriations law in
effect for a year in which the designation of a Tribal
Promise Zones is in effect, shall provide preference points
or priority special consideration to each application which
advances the specific objectives of a Tribal Promise Zones
competitiveness plan described in subsection (e) if the
project or activity to be funded includes specific and
definable services or benefits that will be delivered to
residents of a Tribal Economic Opportunity Area.
SEC. 12516. PRECISION AGRICULTURE CONNECTIVITY.
(a) Findings.--Congress finds the following:
(1) Precision agriculture technologies and practices allow
farmers to significantly increase crop yields, eliminate
overlap in operations, and reduce inputs such as seed,
fertilizer, pesticides, water, and fuel.
(2) These technologies allow farmers to collect data in
real time about their fields, automate field management, and
maximize resources.
(3) Studies estimate that precision agriculture
technologies can reduce agricultural operation costs by up to
25 dollars per acre and increase farm yields by up to 70
percent by 2050.
(4) The critical cost savings and productivity benefits of
precision agriculture cannot be realized without the
availability of reliable broadband Internet access service
delivered to the agricultural land of the United States.
(5) The deployment of broadband Internet access service to
unserved agricultural land is critical to the United States
economy and to the continued leadership of the United States
in global food production.
(6) Despite the growing demand for broadband Internet
access service on agricultural land, broadband Internet
access service is not consistently available where needed for
agricultural operations.
(7) The Federal Communications Commission has an important
role to play in the deployment of broadband Internet access
service on unserved agricultural land to promote precision
agriculture.
(b) Task Force.--
(1) Definitions.--In this subsection--
(A) the term ``broadband Internet access service'' has the
meaning given the term in section 8.2 of title 47, Code of
Federal Regulations, or any successor regulation;
(B) the term ``Commission'' means the Federal
Communications Commission;
(C) the term ``Department'' means the Department of
Agriculture; and
(D) the term ``Task Force'' means the Task Force for
Reviewing the Connectivity and Technology Needs of Precision
Agriculture in the United States established under paragraph
(2).
(2) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Commission shall establish the
Task Force for Reviewing the Connectivity and Technology
Needs of Precision Agriculture in the United States.
(3) Duties.--
(A) In general.--The Task Force shall consult with the
Secretary, or a designee of the Secretary, and collaborate
with public and private stakeholders in the agriculture and
technology fields to--
(i) identify and measure current gaps in the availability
of broadband Internet access service on agricultural land;
(ii) develop policy recommendations to promote the rapid,
expanded deployment of broadband Internet access service on
unserved agricultural land, with a goal of achieving reliable
capabilities on 95 percent of agricultural land in the United
States by 2025;
(iii) promote effective policy and regulatory solutions
that encourage the adoption of broadband Internet access
service on farms and ranches and promote precision
agriculture;
(iv) recommend specific new rules or amendments to existing
rules of the Commission that the Commission should issue to
achieve the goals and purposes of the policy recommendations
described in clause (ii);
(v) recommend specific steps that the Commission should
take to obtain reliable and standardized data measurements of
the availability of broadband Internet access service as may
be necessary to target funding support, from future programs
of the Commission dedicated to the deployment of broadband
Internet access service, to unserved agricultural land in
need of broadband Internet access service; and
(vi) recommend specific steps that the Commission should
consider to ensure that the expertise of the Secretary and
available farm data are reflected in future programs of the
Commission dedicated to the infrastructure deployment of
broadband Internet access service and to direct available
funding to unserved agricultural land where needed.
(B) No duplicate data reporting.--In performing the duties
of the Commission under subparagraph (A), the Commission
shall ensure that no provider of broadband Internet access
service is required to report data to the Commission that is,
on the day before the date of enactment of this Act, required
to be reported by the provider of broadband Internet access
service.
(C) Hold harmless.--The Task Force and the Commission shall
not interpret the phrase ``future programs of the
Commission'', as used in clauses (v) and (vi) of subparagraph
(A), to include the universal service programs of the
Commission established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254).
(D) Consultation.--The Secretary, or a designee of the
Secretary, shall explain and make available to the Task Force
the expertise, data mapping information, and resources of the
Department that the Department uses to identify cropland,
ranchland, and other areas with agricultural operations that
may be helpful in developing the recommendations required
under subparagraph (A).
(E) List of available federal programs and resources.--Not
later than 180 days after the date of enactment of this Act,
the Secretary and the Commission shall jointly submit to the
Task Force a list of all Federal programs or resources
available for the expansion of broadband Internet access
service on unserved agricultural land to assist the Task
Force in carrying out the duties of the Task Force.
(4) Membership.--
(A) In general.--The Task Force shall be--
(i) composed of not more than 15 voting members who shall--
(I) be selected by the Chairman of the Commission; and
(II) include--
(aa) agricultural producers representing diverse geographic
regions and farm sizes, including owners and operators of
farms of less than 100 acres;
(bb) an agricultural producer representing tribal
agriculture;
(cc) Internet service providers, including regional or
rural fixed and mobile broadband Internet access service
providers and telecommunications infrastructure providers;
(dd) representatives from the electric cooperative
industry;
(ee) representatives from the satellite industry;
(ff) representatives from precision agriculture equipment
manufacturers, including drone manufacturers, manufacturers
of autonomous agricultural machinery, and manufacturers of
farming robotics technologies; and
(gg) representatives from State and local governments; and
(ii) fairly balanced in terms of technologies, points of
view, and fields represented on the Task Force.
(B) Period of appointment; vacancies.--
(i) In general.--A member of the Committee appointed under
subparagraph (A)(i) shall serve for a single term of 2 years.
(ii) Vacancies.--Any vacancy in the Task Force--
(I) shall not affect the powers of the Task Force; and
(II) shall be filled in the same manner as the original
appointment.
(C) Ex-officio member.--The Secretary, or a designee of the
Secretary, shall serve as an ex-officio, nonvoting member of
the Task Force.
(5) Reports.--Not later than 1 year after the date on which
the Commission establishes the Task Force, and annually
thereafter, the Task Force shall submit to the Chairman of
the Commission a report, which shall be made public not later
than 30 days after the date on which the Chairman receives
the report, that details--
(A) the status of fixed and mobile broadband Internet
access service coverage of agricultural land;
(B) the projected future connectivity needs of agricultural
operations, farmers, and ranchers; and
[[Page S4631]]
(C) the steps being taken to accurately measure the
availability of broadband Internet access service on
agricultural land and the limitations of current, as of the
date of the report, measurement processes.
(6) Termination.--The Commission shall renew the Task Force
every 2 years until the Task Force terminates on January 1,
2025.
SEC. 12517. IMPROVED SOIL MOISTURE AND PRECIPITATION
MONITORING.
(a) Improved Soil Moisture Monitoring.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and
implement a strategy to improve the accuracy of the United
States Drought Monitor through increased geographic
resolution of rural in-situ soil moisture profile observation
or other soil moisture profile measuring devices, as the
Secretary considers appropriate.
(2) Implementation.--
(A) In general.--In implementing the strategy required by
paragraph (1), the Secretary shall prioritize adding soil
moisture profile stations in States described in subparagraph
(B) so that the number of drought monitoring stations is
increased to an average of 1 soil moisture profile station
per 1,250 square miles in each State described in
subparagraph (B) or by 50 stations in each State described in
subparagraph (B), whichever is less.
(B) States described.--A State described in this paragraph
is a State that has experienced D3 (extreme drought) or D4
(exceptional drought) (as defined by the United States
Drought Monitor) within any 6 months during the period
beginning on January 1, 2016, and ending on the date of the
enactment of this Act.
(3) Coordination.--In carrying out this subsection, the
Secretary may coordinate with other Federal agencies, State
and local governments, and non-Federal entities that
collaborate with the United States Drought Monitor.
(4) Cost-effectiveness.--In carrying out this subsection,
the Secretary shall consider cost-effective solutions to
maximize the efficiency and accuracy of the United States
Drought Monitor.
(5) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary $5,000,000 for each of
fiscal years 2019 through 2023 to carry out this subsection.
(b) Standards for Integrating Citizen Science Into Drought
Models.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) develop a set of standards for integration of data
derived from citizen science (as defined in the Crowdsourcing
and Citizen Science Act (15 U.S.C. 3724)) into the United
States Drought Monitor models, including data relating to--
(i) location and spacing of monitoring stations;
(ii) data quality standards;
(iii) incorporation of data from commercially available
weather stations;
(iv) standardized procedures for autonomous integration of
data;
(v) streamlining of data entry methods; and
(vi) reasonable metadata fields; and
(B) develop a set of consistent standards for soil moisture
data collection based on equipment that is readily available,
including standards relating to--
(i) acceptable error ranges;
(ii) sensor installation procedures;
(iii) manufacturers of soil moisture probes;
(iv) calibration methodology;
(v) metadata fields; and
(vi) soil descriptions.
(2) Inclusion of data from cooperative observer program.--
For purposes of paragraph (1)(A), data derived from citizen
science includes data from the Cooperative Observer Program
of the National Weather Service.
(c) Requirement for Elements of Department of Agriculture
to Use the Same Monitoring Data.--
(1) In general.--To be consistent with assistance provided
under the livestock forage disaster program established under
section 1501(c) of the Agricultural Act of 2014 (7 U.S.C.
9081(c)) and a policy or plan of insurance established under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for
producers of livestock commodities the source of feedstock of
which is pasture, rangeland, and forage, and the annual
establishment of grazing rates, as applicable, on Forest
Service grasslands and other applicable land, the Secretary
shall use the United States Drought Monitor, in-situ soil
moisture profile monitoring stations described in subsection
(a), data from the Cooperative Observer Program described in
subsection (b)(2), and any other applicable data to determine
and establish grazing loss assistance and grazing rates, as
applicable.
(2) Coordination.--In carrying out this subsection, the
Secretary may coordinate with--
(A) other Federal agencies, State and local governments,
and non-Federal entities that collaborate with the United
States Drought Monitor; and
(B) other Federal and non-Federal entities involved in
collecting data on precipitation and soil monitoring.
(3) Cost-effectiveness.--In carrying out this subsection,
the Secretary shall consider cost-effective solutions to
maximize the efficiency and accuracy of the data utilized to
determine eligibility for assistance under the programs
specified in paragraph (1).
SEC. 12518. STUDY OF MARKETPLACE FRAUD OF UNIQUE TRADITIONAL
FOODS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study on--
(1) the market impact of traditional foods, Tribally
produced products, and products that use traditional foods;
(2) fraudulent foods that mimic Tribal foods that are
available in the commercial marketplace as of the date of
enactment of this Act; and
(3) the means by which authentic traditional foods and
Tribally produced foods might be protected against the impact
of fraudulent foods in the marketplace.
(b) Inclusions.--The study conducted under subsection (a)
shall include--
(1) a consideration of the circumstances under which
fraudulent foods in the marketplace occur; and
(2) an analysis of Federal laws administered by the
Secretary, intellectual property laws, and trademark laws
that might offer protections against fraudulent foods in a
the context of Tribal foods.
(c) Report.--Not later than 60 days after the date of
completion of the study, the Comptroller General of the
United States shall submit a report describing the results of
the study under this section to--
(1) the Committee on Agriculture of the House of
Representatives;
(2) the Committee on the Judiciary of the House of
Representatives;
(3) the Committee on Agriculture, Nutrition, and Forestry
of the Senate;
(4) the Committee on the Judiciary of the Senate; and
(5) the Committee on Indian Affairs of the Senate.
SEC. 12519. DAIRY BUSINESS INNOVATION INITIATIVES.
(a) Definitions.--In this section:
(1) Dairy business.--The term ``dairy business'' means a
business that develops, produces, markets, or distributes
dairy products.
(2) Initiative.--The term ``initiative'' means a dairy
product and business innovation initiative established under
subsection (b).
(b) Establishment.--The Secretary, acting through the
Administrator of the Agricultural Marketing Service, shall
establish not less than 3 regionally located dairy product
and business innovation initiatives for the purposes of--
(1) encouraging the use of regional milk production;
(2) creating higher-value uses for dairy products;
(3) promoting business development that diversifies farmer
income through processing and marketing innovation;
(4) diversifying dairy product markets to reduce risk; and
(5) leveraging Federal resources by encouraging entities
that host initiatives and partners of those entities to
provide matching funds.
(c) Selection of Initiatives.--An initiative--
(1) shall be located in a region with a history of dairy
farming;
(2) shall be positioned to draw on existing dairy industry
resources, including research capacity, academic and industry
expertise, a density of dairy farms or farmland suitable for
dairying, and dairy businesses;
(3) may serve a certain product niche, such as artisanal
cheese, or serve dairy businesses with dairy products derived
from a specific type of dairy animal, including dairy
products made from cow milk, sheep milk, and goat milk; and
(4) shall serve dairy businesses in other regions.
(d) Entities Eligible to Host Initiative.--
(1) In general.--Any of the following entities may submit
to the Secretary an application to host an initiative:
(A) A State department of agriculture or other State
entity.
(B) A nonprofit entity with capacity to provide
consultation, expertise, and grant distribution and tracking.
(C) An institution of higher education.
(D) A cooperative extension service.
(2) Partners.--An entity described in paragraph (1) may
establish partners prior to the submission of the application
under that paragraph, or add partners in consultation with
the Secretary, which may include organizations or entities
with expertise or experience in dairy, including the
marketing, research, education, or promotion of dairy.
(e) Activities of Initiatives.--
(1) Direct assistance to dairy businesses.--An initiative
shall provide nonmonetary assistance to dairy businesses in
accordance with the following:
(A) Provision of direct assistance.--Assistance may be
provided directly to dairy businesses in a private
consultation or through widely available distribution, and
may be provided--
(i) directly by the entity that hosts the initiative under
subsection (d)(1);
(ii) through contracting with industry experts;
(iii) through the provision of technical assistance, such
as informational websites, webinars, conferences, trainings,
plant tours, and field days; and
(iv) through research institutions, including cooperative
extension services.
(B) Types of assistance.--Eligible forms of assistance
include--
[[Page S4632]]
(i) business consulting, including business plan
development for processed dairy products;
(ii) accounting and financial literacy training;
(iii) market evaluation;
(iv) strategic planning assistance;
(v) product innovation, including relating to value-added
products;
(vi) marketing and branding assistance, including market
messaging, consumer assessments, and evaluation of regional,
national, and international markets;
(vii) innovation in emerging market opportunities,
including agritourism, and marketing communication methods;
(viii) packaging, distribution, and supply chain
innovation;
(ix) dairy product production training, including in new,
rare, or innovative techniques;
(x) innovation in byproduct reprocessing and use
maximization; and
(xi) other non-monetary assistance, as determined by the
Secretary.
(2) Grants to dairy businesses.--
(A) In general.--An initiative shall provide grants for new
and existing dairy businesses for the purposes of--
(i) modernization, specialization, and grazing transition
on dairy farms;
(ii) value chain and commodity innovation and facility and
process updates for dairy processors; and
(iii) product development, packaging, and marketing of
dairy products.
(B) Grants.--An initiative shall provide grants under
subparagraph (A)--
(i) on a competitive basis, with opportunities to apply for
funding available on a rolling basis; and
(ii) to an entity that receives assistance under paragraph
(1) to advance the business activities recommended as a
result of that assistance.
(C) Consultation.--An entity that hosts an initiative shall
consult with the Secretary and the Administrator of the
Agricultural Marketing Service in carrying out the
initiative.
(D) Conflict of interest.--
(i) In general.--The Secretary shall establish guidelines
and procedures to prevent any conflict of interest or the
appearance of a conflict of interest by an initiative
(including a partner of the initiative) during the grant
selection process under subparagraph (B)(i).
(ii) Penalty.--The Secretary may suspend or terminate an
initiative if the initiative or a partner of the initiative
is found to be in violation of the guidelines and procedures
established under clause (i).
(f) Distribution of Funds.--
(1) In general.--Of the funds made available to carry out
this section, the Secretary shall provide not less than 3
awards to eligible entities described in subsection (d)(1)
for the purposes of carrying out the activities under
subsection (e).
(2) Multiyear funding.--The Secretary is encouraged--
(A) to award funds under paragraph (1) in multiyear funding
allocations; and
(B) to require frequent reporting, as appropriate.
(3) Use of funds.--
(A) In general.--The funds awarded to an eligible entity
under paragraph (1) may be used--
(i) for program administration of an initiative, including
staff costs; and
(ii) for workshops or other informational sessions that--
(I) directly benefit dairy businesses and entrepreneurs; or
(II) enhance the capacity of providers of technical
assistance to dairy businesses.
(B) Allocation.--Not less than 50 percent of the funds made
available under subsection (h) shall be allocated to grants
under subsection (e)(2).
(4) Priority.--An entity hosting an initiative shall give
priority to the provision of direct assistance under
subsection (e)(1) and grants under subsection (e)(2) to--
(A) dairy farms and dairy businesses with limited access to
other forms of assistance;
(B) employee-owned dairy businesses;
(C) cooperatives;
(D) dairy businesses that establish contracting mechanisms
that return profits to farmers who supply their milk;
(E) dairy businesses that, in addition to salary and wage
compensation, return profits to employees; and
(F) dairy businesses that seek to create dairy products
that add substantial value in processing or marketing, such
as specialty cheeses.
(5) Requirement.--In the case of direct assistance under
subsection (e)(1) or a grant under subsection (e)(2) that is
provided to a specific dairy business and does not benefit
the general public, as determined by the Secretary, the
assistance or grant shall exclusively be available to dairy
businesses owned in the United States.
(6) Supplementation.--To the extent practicable, the
Secretary shall ensure that funds provided to an initiative
supplement, and do not duplicate or replace, existing dairy
product research, development, and promotion activities.
(g) Reporting.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the implementation of this section.
(2) Innovation reports.--The Secretary, in coordination
with the Chief Economist, shall publish an annual report on
the impact of initiatives carried out under this section on--
(A) innovation in dairy products;
(B) product development under the program under this
section;
(C) growth areas for dairy product development; and
(D) barriers inhibiting majority member-owned domestic
dairy firms from--
(i) updating capacity;
(ii) performing competitively in the marketplace; and
(iii) returning gains to members or reinvesting the gains
in ways that benefit the long-term financial stability of the
majority member-owned domestic dairy firm and the members of
that firm.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000 for
each fiscal year.
Subtitle F--General Provisions
SEC. 12601. EXPEDITED EXPORTATION OF CERTAIN SPECIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Director of the United States Fish
and Wildlife Service (referred to in this section as the
``Director'') shall issue a proposed rule to amend section
14.92 of title 50, Code of Federal Regulations, to establish
expedited procedures relating to the export permission
requirements of section 9(d)(1) of the Endangered Species Act
of 1973 (16 U.S.C. 1538(d)(1)) for fish or wildlife described
in subsection (c).
(b) Exemptions.--
(1) In general.--As part of the rulemaking under subsection
(a), subject to paragraph (2), the Director may provide an
exemption from the requirement to procure--
(A) permission under section 9(d)(1) of the Endangered
Species Act of 1973 (16 U.S.C. 1538(d)(1)); or
(B) an export license under subpart I of part 14 of title
50, Code of Federal Regulations.
(2) Limitations.--The Director shall not provide an
exemption under paragraph (1)--
(A) unless the Director determines that the exemption will
not have a negative impact on the conservation of the species
that is the subject of the exemption; or
(B) to an entity that has been convicted of a violation of
a Federal law relating to the importation, transportation, or
exportation of wildlife during a period of not less than 5
years ending on the date on which the entity applies for
exemption under paragraph (1).
(c) Covered Fish or Wildlife.--The fish or wildlife
referred to in subsection (a) are the species commonly known
as sea urchins and sea cucumbers (including any product of a
sea urchin or sea cucumber) that--
(1) do not require a permit under part 16, 17, or 23 of
title 50, Code of Federal Regulations;
(2) are harvested in waters under the jurisdiction of the
United States; and
(3) are exported for purposes of human or animal
consumption.
SEC. 12602. BAITING OF MIGRATORY GAME BIRDS.
(a) Definitions.--In this section:
(1) Normal agricultural operation.--The term ``normal
agricultural operation'' has the meaning given the term in
section 20.11 of title 50, Code of Federal Regulations (as in
effect on the date of enactment of this Act).
(2) Post-disaster flooding.--The term ``post-disaster
flooding'' means the destruction of a crop through flooding
in accordance with practices required by the Federal Crop
Insurance Corporation for agricultural producers to obtain
crop insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) on land on which a crop was not harvestable due
to a natural disaster (including any hurricane, storm,
tornado, flood, high water, wind-driven water, tidal wave,
tsunami, earthquake, volcanic eruption, landslide, mudslide,
drought, fire, snowstorm, or other catastrophe that is
declared a major disaster by the President in accordance with
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170)) in the crop year--
(A) in which the natural disaster occurred; or
(B) immediately preceding the crop year in which the
natural disaster occurred.
(3) Rice ratooning.--The term ``rice ratooning'' means the
agricultural practice of harvesting rice by cutting the
majority of the aboveground portion of the rice plant but
leaving the roots and growing shoot apices intact to allow
the plant to recover and produce a second crop yield.
(b) Regulations to Exclude Rice Ratooning and Post-disaster
Flooding.--Not later than 30 days after the date of enactment
of this Act, the Secretary of the Interior, in consultation
with the Secretary of Agriculture, shall revise part 20 of
title 50, Code of Federal Regulations, to clarify that rice
ratooning and post-disaster flooding, when carried out as
part of a normal agricultural operation, do not constitute
baiting.
(c) Reports.--Not less frequently than once each year, the
Secretary of Agriculture shall--
(1) submit to the Secretary of the Interior a report that
describes any changes to normal agricultural operations
across the range of crops grown by agricultural producers in
each region of the United States in which the official
recommendations described in section 20.11(h) of title 50,
Code of Federal Regulations (as in effect on the date of
enactment of this Act), are provided to agricultural
producers; and
[[Page S4633]]
(2) in consultation with the Secretary of the Interior and
after seeking input from the heads of State departments of
fish and wildlife or the Regional Migratory Bird Flyway
Councils of the United States Fish and Wildlife Service,
publicly post a report on the impact that rice ratooning and
post-disaster flooding have on the behavior of migratory game
birds that are hunted in the area in which rice ratooning and
post-disaster flooding, respectively, have occurred.
SEC. 12603. PIMA AGRICULTURE COTTON TRUST FUND.
Section 12314 of the Agricultural Act of 2014 (7 U.S.C.
2101 note; Public Law 113-79) is amended--
(1) by striking ``2018'' each place it appears and
inserting ``2023'';
(2) by striking ``calendar year 2013'' each place it
appears and inserting ``the prior calendar year'';
(3) in subsection (b)(2)--
(A) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(B) in the matter preceding clause (i) (as so
redesignated), by striking ``(2) Twenty-five'' and inserting
the following:
``(2)(A) Except as provided in subparagraph (B), twenty-
five'';
(C) in subparagraph (A)(ii) (as so designated), by striking
``subparagraph (A)'' and inserting ``clause (i)''; and
(D) by adding at the end the following:
``(B)(i) A yarn spinner shall not receive an amount under
subparagraph (A) that exceeds the cost of pima cotton that--
``(I) was purchased during the prior calendar year; and
``(II) was used in spinning any cotton yarns.
``(ii) The Secretary shall reallocate any amounts reduced
by reason of the limitation under clause (i) to spinners
using the ratio described in subparagraph (A), disregarding
production of any spinner subject to that limitation.'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``(b)(2)(A)'' and inserting ``(b)(2)(A)(i)'';
(B) in paragraph (2), by striking ``and'' at the end;
(C) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(4) the dollar amount of pima cotton purchased during the
prior calendar year--
``(A) that was used in spinning any cotton yarns; and
``(B) for which the producer maintains supporting
documentation.'';
(5) in subsection (e)--
(A) in the matter preceding paragraph (1), by striking ``by
the Secretary--'' and inserting ``by the Secretary not later
than March 15 of the applicable calendar year.''; and
(B) by striking paragraphs (1) and (2); and
(6) in subsection (f), by striking ``subsection (b)--'' in
the matter preceding paragraph (1) and all that follows
through ``not later than'' in paragraph (2) and inserting
``subsection (b) not later than''.
SEC. 12604. AGRICULTURE WOOL APPAREL MANUFACTURERS TRUST
FUND.
Section 12315 of the Agricultural Act of 2014 (7 U.S.C.
7101 note; Public Law 113-79) is amended--
(1) by striking ``2019'' each place it appears and
inserting ``2023'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``the
payment--'' and inserting ``the payment, payments in amounts
authorized under that paragraph.''; and
(II) by striking clauses (i) and (ii); and
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking
``4002(c)--'' and inserting ``4002(c), payments in amounts
authorized under that paragraph.''; and
(II) by striking clauses (i) and (ii); and
(B) in paragraph (2), by striking ``submitted--'' in the
matter preceding subparagraph (A) and all that follows
through ``to the Secretary'' in subparagraph (B) and
inserting ``submitted to the Secretary''; and
(3) in subsection (c)--
(A) in the matter preceding paragraph (1), by striking
``subsection (b)--'' and inserting ``subsection (b) not later
than April 15 of the year of the payment.''; and
(B) by striking paragraphs (1) and (2).
SEC. 12605. WOOL RESEARCH AND PROMOTION.
Section 12316(a) of the Agricultural Act of 2014 (7 U.S.C.
7101 note; Public Law 113-79) is amended by striking ``2015
through 2019'' and inserting ``2019 through 2023''.
SEC. 12606. EMERGENCY CITRUS DISEASE RESEARCH AND DEVELOPMENT
TRUST FUND.
(a) Definition of Citrus.--In this section, the term
``citrus'' means edible fruit of the family Rutaceae,
including any hybrid of that fruit and any product of that
hybrid that is produced for commercial purposes in the United
States.
(b) Establishment of Trust Fund.--There is established in
the Treasury of the United States a trust fund, to be known
as the ``Emergency Citrus Disease Research and Development
Trust Fund'' (referred to in this section as the ``Citrus
Trust Fund''), consisting of such amounts as shall be
transferred to the Citrus Trust Fund pursuant to subsection
(d).
(c) Distribution of Funds.--
(1) In general.--From amounts in the Citrus Trust Fund, the
Secretary shall make payments annually beginning in fiscal
year 2019 to--
(A) entities engaged in scientific research and extension
activities, technical assistance, or development activities
to combat domestic or invasive citrus diseases and pests that
pose imminent harm to the United States citrus production and
threaten the future viability of the citrus industry,
including huanglongbing and the Asian Citrus Psyllid; and
(B) entities engaged in supporting the dissemination and
commercialization of relevant information, techniques, or
technologies discovered under research and extension
activities funded through--
(i) the Citrus Trust Fund; or
(ii) other research and extension projects intended to
solve problems caused by citrus production diseases and
invasive pests.
(2) Priority.--In making payments under paragraph (1), the
Secretary shall give priority to entities that use the
payments to address the research and extension priorities
established pursuant to section 1408A(g)(4) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3123a(g)(4)).
(3) Coordination.--In determining how to distribute funds
under paragraph (1), the Secretary shall--
(A) seek input from Federal and State agencies and other
entities involved in citrus disease response; and
(B) take into account other public and private citrus-
related research and extension projects and the funding for
those projects.
(4) Nonduplication.--The Secretary shall ensure that funds
provided under paragraph (1) shall be in addition to and not
supplant funds made available to carry out other citrus
disease activities carried out by the Department of
Agriculture in consultation with State agencies.
(d) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall transfer to the Citrus Trust
Fund $25,000,000 for each of fiscal years 2019 through 2023,
to remain available until expended.
SEC. 12607. EXTENSION OF MERCHANDISE PROCESSING FEES.
Section 503 of the United States-Korea Free Trade Agreement
Implementation Act (Public Law 112-41; 19 U.S.C. 3805 note)
is amended by striking ``February 24, 2027'' and inserting
``May 26, 2027''.
SEC. 12608. CONFORMING CHANGES TO CONTROLLED SUBSTANCES ACT.
(a) In General.--Section 102(16) of the Controlled
Substances Act (21 U.S.C. 802(16)) is amended--
(1) by striking ``(16) The'' and inserting ``(16)(A)
Subject to subparagraph (B), the''; and
(2) by striking ``Such term does not include the'' and
inserting the following:
``(B) The term `marihuana' does not include--
``(i) hemp, as defined in section 297A of the Agricultural
Marketing Act of 1946; or
``(ii) the''.
(b) Tetrahydrocannabinol.--Schedule I, as set forth in
section 202(c) of the Controlled Substances Act (21 U.S.C.
812(c)), is amended in subsection (c)(17) by inserting after
``Tetrahydrocannabinols'' the following: ``, except for
tetrahydrocannabinols in hemp (as defined under section 297A
of the Agricultural Marketing Act of 1946)''.
SEC. 12609. NATIONAL FLOOD INSURANCE PROGRAM REAUTHORIZATION.
(a) Financing.--Section 1309(a) of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by
striking ``September 30, 2017'' and inserting ``January 31,
2019''.
(b) Program Expiration.--Section 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking
``September 30, 2017'' and inserting ``January 31, 2019''.
SEC. 12610. EMERGENCY ASSISTANCE FOR LIVESTOCK, HONEY BEES,
AND FARM-RAISED FISH.
Section 1501(d)(2) of the Agricultural Act of 2014 (7
U.S.C. 9081(d)(2)) is amended by inserting ``, including
inspections of cattle tick fever'' before the period at the
end.
SEC. 12611. ADMINISTRATIVE UNITS.
Section 1117 of the Agricultural Act of 2014 (7 U.S.C.
9017) (as amended by section 1104(6)) is amended by adding at
the end the following:
``(i) Administrative Units.--
``(1) In general.--For purposes of agriculture risk
coverage payments in the case of county coverage, a county
may be divided into not greater than 2 administrative units
in accordance with this subsection.
``(2) Eligible counties.--A county that may be divided into
administrative units under this subsection is a county that--
``(A) is larger than 1,400 square miles;
``(B) in contained within a State that is larger than
140,000 square miles; and
``(C) contains more than 190,000 base acres.
``(3) Elections.--Before making any agriculture risk
coverage payments for the 2019 crop year, the Farm Service
Agency State committee, in consultation with the Farm Service
Agency county or area committee of a county described in
paragraph (2), may make a 1-time election to divide the
county into administrative units under this subsection along
a boundary that better reflects differences in weather
patterns, soil types, or other factors.
``(4) Administration.--For purposes of providing
agriculture risk coverage payments in the case of county
coverage, the Secretary shall consider an administrative unit
elected
[[Page S4634]]
under paragraph (3) to be a county for the 2019 through 2023
crop years.''.
SEC. 12612. DROUGHT AND WATER CONSERVATION AGREEMENTS.
Section 1231A of the Food Security Act of 1985 (as added by
section 2105(a)) is amended by adding at the end the
following:
``(g) Drought and Water Conservation Agreements.--In the
case of an agreement under subsection (b)(1) to address
regional drought concerns, in accordance with the
conservation purposes of the program, the Secretary, in
consultation with the applicable State technical committee
established under section 1261(a), may--
``(1) notwithstanding subsection (a)(1), enroll other
agricultural land on which the resource concerns identified
in the agreement can be addressed if the enrollment of the
land is critical to the accomplishment of the purposes of the
agreement;
``(2) permit dryland agricultural uses with the adoption of
best management practices on enrolled land if the agreement
involves the significant long-term reduction of consumptive
water use and dryland production is compatible with the
agreement; and
``(3) calculate annual rental payments consistent with
existing administrative practice for similar drought and
water conservation agreements under this subchapter and
ensure regional consistency in those rates.''.
SEC. 12613. ENCOURAGEMENT OF POLLINATOR HABITAT DEVELOPMENT
AND PROTECTION.
Section 1244(h) of the Food Security Act of 1985 (16 U.S.C.
3844(h)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the development of a conservation and recovery plan
for protection of pollinators through conservation biological
control or practices and strategies to integrate natural
predators and parasites of crop pests into agricultural
systems for pest control; and
``(4) training for producers relating to background
science, implementation, and promotion of conservation
biological control such that producers base conservation
activities on practices and techniques that conserve or
enhance natural habitat for beneficial insects as a way of
reducing pest problems and pesticide applications on
farms.''.
SEC. 12614. REPAIR OR REPLACEMENT OF FENCING; COST SHARE
PAYMENTS.
(a) Repair or Replacement of Fencing.--
(1) In general.--Section 401 of the Agricultural Credit Act
of 1978 (16 U.S.C. 2201) is amended--
(A) by inserting ``wildfires,'' after ``hurricanes,'';
(B) by striking the section designation and all that
follows through ``The Secretary of Agriculture'' and
inserting the following:
``SEC. 401. PAYMENTS TO PRODUCERS.
``(a) In General.--The Secretary of Agriculture (referred
to in this title as the `Secretary')''; and
(C) by adding at the end the following:
``(b) Repair or Replacement of Fencing.--
``(1) In general.--With respect to a payment to an
agricultural producer under subsection (a) for the repair or
replacement of fencing, the Secretary shall give the
agricultural producer the option of receiving not more than
25 percent of the payment, determined by the Secretary based
on the applicable percentage of the fair market value of the
cost of the repair or replacement, before the agricultural
producer carries out the repair or replacement.
``(2) Return of funds.--If the funds provided under
paragraph (1) are not expended by the end of the 60-day
period beginning on the date on which the agricultural
producer receives those funds, the funds shall be returned
within a reasonable timeframe, as determined by the
Secretary.''.
(2) Conforming amendments.--
(A) Sections 402, 403, 404, and 405 of the Agricultural
Credit Act of 1978 (16 U.S.C. 2202, 2203, 2204, 2205) are
amended by striking ``Secretary of Agriculture'' each place
it appears and inserting ``Secretary''.
(B) Section 407(a) of the Agricultural Credit Act of 1978
(16 U.S.C. 2206(a)) is amended by striking paragraph (4).
(b) Cost Share Payments.--Title IV of the Agricultural
Credit Act of 1978 (16 U.S.C. 2201 et seq.) is amended by
inserting after section 402 the following:
``SEC. 402A. COST-SHARE REQUIREMENT.
``(a) Cost-share Rate.--Subject to subsections (b) and (c),
the maximum cost-share payment under sections 401 and 402
shall not exceed, 75 percent of the total allowable cost, as
determined by the Secretary.
``(b) Exception.--Notwithstanding subsection (a), a payment
to a limited resource farmer or rancher, a socially
disadvantaged farmer or rancher (as defined in 2501(a) of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279(a)), or a beginning farmer or rancher under
section 401 or 402 shall not exceed 90 percent of the total
allowable cost, as determined by the Secretary.
``(c) Limitation.--The total payment under sections 401 and
402 for a single event may not exceed 50 percent of the
agriculture value of the land, as determined by the
Secretary.''.
SEC. 12615. FOOD DONATION STANDARDS.
Section 203D of the Emergency Food Assistance Act of 1983
(7 U.S.C. 7507) (as amended by section 4115(c)) is amended by
adding at the end the following:
``(f) Food Donation Standards.--
``(1) Definitions.--In this subsection:
``(A) Apparently wholesome food.--The term `apparently
wholesome food' has the meaning given the term in section
22(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)).
``(B) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
``(C) Qualified direct donor.--The term `qualified direct
donor' means a retail food store, wholesaler, agricultural
producer, restaurant, caterer, school food authority, or
institution of higher education.
``(2) Guidance.--
``(A) In general.--Not later than 180 days after the date
of enactment of the Agriculture Improvement Act of 2018, the
Secretary shall issue guidance to promote awareness of
donations of apparently wholesome food protected under
section 22(c) of the Child Nutrition Act of 1966 (42 U.S.C.
1791(c)) by qualified direct donors in compliance with
applicable State and local health, food safety, and food
handling laws (including regulations).
``(B) Issuance.--The Secretary shall encourage State
agencies and emergency feeding organizations to share the
guidance issued under subparagraph (A) with qualified direct
donors.''.
SEC. 12616. MICRO-GRANTS FOR FOOD SECURITY.
The Food, Conservation, and Energy Act of 2008 is amended
by inserting after section 4405 (7 U.S.C. 7517) the
following:
``SEC. 4406. MICRO-GRANTS FOR FOOD SECURITY.
``(a) Purpose.--The purpose of this section is to increase
the quantity and quality of locally grown food through small-
scale gardening, herding, and livestock operations in food
insecure communities in areas of the United States that have
significant levels of food insecurity and import a
significant quantity of food.
``(b) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means an
entity that--
``(A) is--
``(i) an individual;
``(ii) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)) or a consortium of Indian tribes;
``(iii) a nonprofit organization engaged in increasing food
security, as determined by the Secretary, including--
``(I) a religious organization;
``(II) a food bank; and
``(III) a food pantry;
``(iv) a federally funded educational facility, including--
``(I) a Head Start program or an Early Head Start program
carried out under the Head Start Act (42 U.S.C. 9831 et
seq.);
``(II) a public elementary school or public secondary
school;
``(III) a public institution of higher education (as
defined in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001));
``(IV) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b))); and
``(V) a job training program; or
``(v) a local or Tribal government that may not levy local
taxes under State or Federal law; and
``(B) is located in an eligible State.
``(2) Eligible state.--The term `eligible State' means--
``(A) the State of Alaska;
``(B) the State of Hawaii;
``(C) American Samoa;
``(D) the Commonwealth of the Northern Mariana Islands;
``(E) the Commonwealth of Puerto Rico;
``(F) the Federated States of Micronesia;
``(G) Guam;
``(H) the Republic of the Marshall Islands;
``(I) the Republic of Palau; and
``(J) the United States Virgin Islands.
``(c) Establishment.--The Secretary shall distribute funds
to the agricultural department or agency of each eligible
State for the competitive distribution of subgrants to
eligible entities to increase the quantity and quality of
locally grown food in food insecure communities, including
through small-scale gardening, herding, and livestock
operations.
``(d) Distribution of Funds.--
``(1) In general.--Of the amount made available under
subsection (g), the Secretary shall distribute--
``(A) 40 percent to the State of Alaska;
``(B) 40 percent to the State of Hawaii; and
``(C) 2.5 percent to each insular area described in
subparagraphs (C) through (J) of subsection (b)(2).
``(2) Carryover of funds.--Funds distributed under
paragraph (1) shall remain available until expended.
``(3) Administrative funds.--An eligible State that
receives funds under paragraph (1) may use not more than 3
percent of those funds--
``(A) to administer the competition for providing subgrants
to eligible entities in that eligible State;
``(B) to provide oversight of the subgrant recipients in
that eligible State; and
``(C) to collect data and submit a report to the Secretary
under subsection (f)(2).
``(e) Subgrants to Eligible Entities.--
``(1) Amount of subgrants.--
``(A) In general.--The amount of a subgrant to an eligible
entity under this section shall be--
[[Page S4635]]
``(i) in the case of an eligible entity that is an
individual, not greater than $5,000 per year; and
``(ii) in the case of an eligible entity described in
clauses (ii) through (v) of subsection (b)(1)(A), not greater
than $10,000 per year.
``(B) Matching requirement.--As a condition of receiving a
subgrant under this section, an eligible entity shall provide
funds equal to 10 percent of the amount received by the
eligible entity under the subgrant, to be derived from non-
Federal sources.
``(C) Carryover of funds.--Funds received by an eligible
entity that is awarded a subgrant under this section shall
remain available until expended.
``(2) Priority.--In carrying out the competitive
distribution of subgrants under subsection (c), an eligible
State may give priority to an eligible entity that--
``(A) has not previously received a subgrant under this
section; or
``(B) is located in a community or region in that eligible
State with the highest degree of food insecurity, as
determined by the agricultural department or agency of the
eligible State.
``(3) Projects.--An eligible State may provide subgrants to
2 or more eligible entities to carry out the same project.
``(4) Use of subgrant funds by eligible entities.--An
eligible entity that receives a subgrant under this section
shall use the funds to engage in activities that will
increase the quantity and quality of locally grown food,
including by--
``(A) purchasing gardening tools or equipment, soil, soil
amendments, seeds, plants, animals, canning equipment,
refrigeration, or other items necessary to grow and store
food;
``(B) purchasing or building composting units;
``(C) purchasing or building towers designed to grow leafy
green vegetables;
``(D) expanding an area under cultivation or engaging in
other activities necessary to be eligible to receive funding
under the environmental quality incentives program
established under chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) for a
high tunnel;
``(E) engaging in an activity that extends the growing
season;
``(F) starting or expanding hydroponic and aeroponic
farming of any scale;
``(G) building, buying, erecting, or repairing fencing for
livestock, poultry, or reindeer;
``(H) purchasing and equipping a slaughter and processing
facility approved by the Secretary;
``(I) travelling to participate in agricultural education
provided by--
``(i) a State cooperative extension service;
``(ii) a land-grant college or university (as defined in
section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103));
``(iii) a Tribal College or University (as defined in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)));
``(iv) an Alaska Native-serving institution or a Native
Hawaiian-serving institution (as those terms are defined in
section 317(b) of the Higher Education Act of 1965 (20 U.S.C.
1059d(b))); or
``(v) a Federal or State agency;
``(J) paying for shipping of purchased items relating to
increasing food security;
``(K) creating or expanding avenues for--
``(i) the sale of food commodities, specialty crops, and
meats that are grown by the eligible entity for sale in the
local community; or
``(ii) the availability of fresh, locally grown, and
nutritious food; and
``(L) engaging in other activities relating to increasing
food security (including subsistence), as determined by the
Secretary.
``(5) Eligibility for other financial assistance.--An
eligible entity shall not be ineligible to receive financial
assistance under another program administered by the
Secretary as a result of receiving a subgrant under this
section.
``(f) Reporting Requirement.--
``(1) Subgrant recipients.--As a condition of receiving a
subgrant under this section, an eligible entity shall submit
to the eligible State in which the eligible entity is located
a report--
``(A) as soon as practicable after the end of the project;
and
``(B) that describes the quantity of food grown and the
number of people fed as a result of the subgrant.
``(2) Report to the secretary.--Not later than 120 days
after the date on which an eligible State receives a report
from each eligible entity in that State under paragraph (1),
the eligible State shall submit to the Secretary a report
that describes, in the aggregate, the information and data
contained in the reports received from those eligible
entities.
``(g) Funding.--
``(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$10,000,000 for fiscal year 2019 and each fiscal year
thereafter, to remain available until expended.
``(2) Appropriations in advance.--Only funds appropriated
under paragraph (1) in advance specifically to carry out this
section shall be available to carry out this section.
``(h) Effective Date.--This section takes effect on the
date of enactment of the Agriculture Improvement Act of
2018.''.
SEC. 12617. USE OF ADDITIONAL COMMODITY CREDIT CORPORATION
FUNDS FOR DIRECT OPERATING MICROLOANS UNDER
CERTAIN CONDITIONS.
Section 346(b) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1994(b)) is amended by adding at
the end the following:
``(5) Use of additional commodity credit corporation funds
for direct operating microloans under certain conditions.--
``(A) In general.--If the Secretary determines that the
amount needed for a fiscal year for direct operating loans
(including microloans) under subtitle B is greater than the
aggregate principal amount authorized for that fiscal year by
this Act, an appropriations Act, or any other provision of
law, the Secretary shall make additional microloans under
subtitle B using amounts made available under subparagraph
(B).
``(B) Funding.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to make microloans under
subtitle B, under the conditions described in subparagraph
(A), not more than $5,000,000 for the period of fiscal years
2019 through 2023.
``(C) Notice.--Not later than 15 days before the date on
which the Secretary uses the authority under subparagraphs
(A) and (B), the Secretary shall submit a notice of the use
of that authority to--
``(i) the Committee on Appropriations of the House of
Representatives;
``(ii) the Committee on Appropriations of the Senate;
``(iii) the Committee on Agriculture of the House of
Representatives; and
``(iv) the Committee on Agriculture, Nutrition, and
Forestry of the Senate.''.
SEC. 12618. BUSINESS AND INNOVATION SERVICES ESSENTIAL
COMMUNITY FACILITIES.
Section 306(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926(a)) (as amended by section
6105) is amended by adding at the end the following:
``(28) Business and innovation services essential community
facilities.--The Secretary may make loans and loan guarantees
under this subsection and grants under paragraphs (19), (20),
and (21) for essential community facilities for business and
innovation services, such as incubators, co-working spaces,
makerspaces, and residential entrepreneur and innovation
centers.''.
SEC. 12619. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
Subtitle D of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1981 et seq.) is amended by adding at the end
the following:
``SEC. 379I. RURAL INNOVATION STRONGER ECONOMY GRANT PROGRAM.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means a
rural jobs accelerator partnership established after the date
of enactment of this section that--
``(A) organizes key community and regional stakeholders
into a working group that--
``(i) focuses on the shared goals and needs of the industry
clusters that are objectively identified as existing,
emerging, or declining;
``(ii) represents a region defined by the partnership in
accordance with subparagraph (B);
``(iii) includes 1 or more representatives of--
``(I) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001));
``(II) a private entity; or
``(III) a government entity;
``(iv) may include 1 or more representatives of--
``(I) an economic development or other community or labor
organization;
``(II) a financial institution, including a community
development financial institution (as defined in section 103
of the Community Development Banking and Financial
Institutions Act of 1994 (12 U.S.C. 4702));
``(III) a philanthropic organization; or
``(IV) a rural cooperative, if the cooperative is organized
as a nonprofit organization; and
``(v) has, as a lead applicant--
``(I) a District Organization (as defined in section 300.3
of title 13, Code of Federal Regulations (or a successor
regulation));
``(II) an Indian tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304)), or a consortium of Indian tribes;
``(III) a State or a political subdivision of a State,
including a special purpose unit of a State or local
government engaged in economic development activities, or a
consortium of political subdivisions;
``(IV) an institution of higher education (as defined in
section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001)) or a consortium of institutions of higher education;
or
``(V) a public or private nonprofit organization; and
``(B) subject to approval by the Secretary, may--
``(i) serve a region that is--
``(I) a single jurisdiction; or
``(II) if the region is a rural area, multijurisdictional;
and
``(ii) define the region that the partnership represents,
if the region--
``(I) is large enough to contain critical elements of the
industry cluster prioritized by the partnership;
``(II) is small enough to enable close collaboration among
members of the partnership;
[[Page S4636]]
``(III) includes a majority of communities that are located
in--
``(aa) a nonmetropolitan area that qualifies as a low-
income community (as defined in section 45D(e) of the
Internal Revenue Code of 1986); and
``(bb) an area that has access to or has a plan to achieve
broadband service (within the meaning of title VI of the
Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.));
and
``(IV)(aa) has a population of 50,000 or fewer inhabitants;
or
``(bb) for a region with a population of more than 50,000
inhabitants, is the subject of a positive determination by
the Secretary with respect to a rural-in-character petition,
including such a petition submitted concurrently with the
application of the partnership for a grant under this
section.
``(2) Industry cluster.--The term `industry cluster' means
a broadly defined network of interconnected firms and
supporting institutions in related industries that accelerate
innovation, business formation, and job creation by taking
advantage of assets and strengths of a region in the business
environment.
``(3) High-wage job.--The term `high-wage job' means a job
that provides a wage that is greater than the median wage for
the applicable region, as determined by the Secretary.
``(4) Jobs accelerator.--The term `jobs accelerator' means
a jobs accelerator center or program located in or serving a
low-income rural community that may provide co-working space,
in-demand skills training, entrepreneurship support, and any
other services described in subsection (d)(1)(B).
``(5) Small and disadvantaged business.--The term `small
and disadvantaged business' has the meaning given the term
`small business concern owned and controlled by socially and
economically disadvantaged individuals' in section 8(d)(3)(C)
of the Small Business Act (15 U.S.C. 637(d)(3)(C)).
``(b) Establishment.--
``(1) In general.--The Secretary shall establish a grant
program under which the Secretary shall award grants, on a
competitive basis, to eligible entities to establish jobs
accelerators, including related programming, that--
``(A) improve the ability of distressed rural communities
to create high-wage jobs, accelerate the formation of new
businesses with high-growth potential, and strengthen
regional economies, including by helping to build capacity in
the applicable region to achieve those goals; and
``(B) help rural communities identify and maximize local
assets and connect to regional opportunities, networks, and
industry clusters that demonstrate high growth potential.
``(2) Cost-sharing.--
``(A) In general.--The Federal share of the cost of any
activity carried out using a grant made under paragraph (1)
shall be not greater than 80 percent.
``(B) In-kind contributions.--The non-Federal share of the
total cost of any activity carried out using a grant made
under paragraph (1) may be in the form of donations or in-
kind contributions of goods or services fairly valued.
``(3) Selection criteria.--In selecting eligible entities
to receive grants under paragraph (1), the Secretary shall
consider--
``(A) the commitment of participating core stakeholders in
the jobs accelerator partnership, including a demonstration
that--
``(i) investment organizations, including venture
development organizations, venture capital firms, revolving
loan funders, angel investment groups, community lenders,
community development financial institutions, rural business
investment companies, small business investment companies (as
defined in section 103 of the Small Business Investment Act
of 1958 (15 U.S.C. 662)), philanthropic organizations, and
other institutions focused on expanding access to capital,
are committed partners in the jobs accelerator partnership
and willing to potentially invest in projects emerging from
the jobs accelerator; and
``(ii) institutions of higher education, applied research
institutions, workforce development entities, and community-
based organizations are willing to partner with the jobs
accelerator to provide workers with skills relevant to the
industry cluster needs of the region, with an emphasis on the
use of on-the-job training, registered apprenticeships,
customized training, classroom occupational training, or
incumbent worker training;
``(B) the ability of the eligible entity to provide the
non-Federal share as required under paragraph (2);
``(C) the speed of available broadband service and how the
jobs accelerator plans to improve access to high-speed
broadband service, if necessary, and leverage that broadband
service for programs of the jobs accelerator;
``(D) the identification of a targeted industry cluster,
including a description of--
``(i) data showing the existence of emergence of an
industry cluster;
``(ii) the importance of the industry cluster to economic
growth in the region;
``(iii) the specific needs and opportunities for growth in
the industry cluster;
``(iv) the unique assets a region has to support the
industry cluster and to have a competitive advantage in that
industry cluster;
``(v) evidence of a concentration of firms or concentration
of employees in the industry cluster; and
``(vi) available industry-specific infrastructure that
supports the industry cluster;
``(E) the ability of the partnership to link rural
communities to markets, networks, industry clusters, and
other regional opportunities and assets--
``(i) to improve the competitiveness of the rural region;
``(ii) to repatriate United States jobs;
``(iii) to foster high-wage job creation;
``(iv) to support innovation and entrepreneurship; and
``(v) to promote private investment in the rural regional
economy;
``(F) other grants or loans of the Secretary and other
Federal agencies that the jobs accelerator would be able to
leverage; and
``(G) prospects for the proposed center and related
programming to have sustainability beyond the full maximum
length of assistance under this subsection, including the
maximum number of renewals.
``(4) Grant term and renewals.--
``(A) Term.--The initial term of a grant under paragraph
(1) shall be 4 years.
``(B) Renewal.--The Secretary may renew a grant under
paragraph (1) for an additional period of not longer than 2
years if the Secretary is satisfied, using the evaluation
under subsection (e)(2), that the grant recipient has
successfully established a jobs accelerator and related
programming.
``(5) Geographic distribution.--To the maximum extent
practicable, the Secretary shall provide grants under
paragraph (1) for jobs accelerators and related programming
in not fewer than 25 States at any time.
``(c) Grant Amount.--A grant awarded under subsection (b)
may be in an amount equal to--
``(1) not less than $500,000; and
``(2) not more than $2,000,000.
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), funds from a
grant awarded under subsection (b) may be used--
``(A) to construct, purchase, or equip a building to serve
as an innovation center, which may include--
``(i) housing for business owners or workers;
``(ii) co-working space, which may include space for remote
work;
``(iii) space for businesses to utilize with a focus on
entrepreneurs and small and disadvantaged businesses but that
may include collaboration with companies of all sizes;
``(iv) job training programs; and
``(v) efforts to utilize the innovation center as part of
the development of a community downtown; or
``(B) to support programs to be carried out at, or in
direct partnership with, the jobs accelerator that support
the objectives of the jobs accelerator, including--
``(i) linking rural communities to markets, networks,
industry clusters, and other regional opportunities to
support high-wage job creation, new business formation, and
economic growth;
``(ii) integrating small businesses into a supply chain;
``(iii) creating or expanding commercialization activities
for new business formation;
``(iv) identifying and building assets in rural communities
that are crucial to supporting regional economies;
``(v) facilitating the repatriation of high-wage jobs to
the United States;
``(vi) supporting the deployment of innovative processes,
technologies, and products;
``(vii) enhancing the capacity of small businesses in
regional industry clusters, including small and disadvantaged
businesses;
``(viii) increasing United States exports and business
interaction with international buyers and suppliers;
``(ix) developing the skills and expertise of local
workforces, entrepreneurs, and institutional partners to
support growing industry clusters, including the upskilling
of incumbent workers;
``(x) ensuring rural communities have the capacity and
ability to carry out projects relating to housing, community
facilities, infrastructure, or community and economic
development to support regional industry cluster growth;
``(xi) establishing training programs to meet the needs of
employers in a regional industry cluster and prepare workers
for high-wage jobs; or
``(xii) any other activities that the Secretary may
determine to be appropriate.
``(2) Requirement.--
``(A) In general.--Subject to subparagraph (B), not more
than 10 percent of a grant awarded under subsection (b) shall
be used for indirect costs associated with administering the
grant.
``(B) Increase.--The Secretary may increase the percentage
described in subparagraph (A) on a case-by-case basis.
``(e) Annual Activity Report and Evaluation.--Not later
than 1 year after receiving a grant under this section, and
annually thereafter for the duration of the grant, an
eligible entity shall--
``(1) report to the Secretary on the activities funded with
the grant; and
``(2)(A) evaluate the progress that the eligible entity has
made toward the strategic objectives identified in the
application for the grant; and
``(B) measure that progress using performance measures
during the project period, which may include--
``(i) high-wage jobs created;
``(ii) high-wage jobs retained;
``(iii) private investment leveraged;
``(iv) businesses improved;
[[Page S4637]]
``(v) new business formations;
``(vi) new products or services commercialized;
``(vii) improvement of the value of existing products or
services under development;
``(viii) regional collaboration, as measured by such
metrics as--
``(I) the number of organizations actively engaged in the
industry cluster;
``(II) the number of symposia held by the industry cluster,
including organizations that are not located in the immediate
region defined by the partnership; and
``(III) the number of further cooperative agreements;
``(ix) the number of education and training activities
relating to innovation;
``(x) the number of jobs relocated from outside of the
United States to the region;
``(xi) the amount and number of new equity investments in
industry cluster firms;
``(xii) the amount and number of new loans to industry
cluster firms;
``(xiii) the dollar increase in exports resulting from the
project activities;
``(xiv) the percentage of employees for which training was
provided;
``(xv) improvement in sales of participating businesses;
``(xvi) improvement in wages paid at participating
businesses;
``(xvii) improvement in income of participating workers; or
``(xviii) any other measure the Secretary determines to be
appropriate.
``(f) Interagency Task Force.--
``(1) In general.--The Secretary shall establish an
interagency Federal task force to support the network of jobs
accelerators by--
``(A) providing successful applicants with available
information and technical assistance on Federal resources
relevant to the project and region;
``(B) establishing a Federal support team comprised of
staff from participating agencies in the task force that
shall provide coordinated and dedicated support services to
jobs accelerators; and
``(C) providing opportunities for the network of jobs
accelerators to share best practices and further collaborate
to achieve the purposes of this section.
``(2) Membership.--The task force established under
paragraph (1) shall--
``(A) be co-chaired by--
``(i) the Secretary of Commerce (or a designee); and
``(ii) the Secretary (or a designee); and
``(B) include--
``(i) the Secretary of Education (or a designee);
``(ii) the Secretary of Energy (or a designee);
``(iii) the Secretary of Health and Human Services (or a
designee);
``(iv) the Secretary of Housing and Urban Development (or a
designee);
``(v) the Secretary of Labor (or a designee);
``(vi) the Secretary of Transportation (or a designee);
``(vii) the Secretary of the Treasury (or a designee);
``(viii) the Administrator of the Environmental Protection
Agency (or a designee);
``(ix) the Administrator of the Small Business
Administration (or a designee);
``(x) the Federal Co-Chair of the Appalachian Regional
Commission (or a designee);
``(xi) the Federal Co-Chairman of the Board of the Delta
Regional Authority (or a designee);
``(xii) the Federal Co-Chair of the Northern Border
Regional Commission (or a designee);
``(xiii) national and local organizations that have
relevant programs and interests that could serve the needs of
the jobs accelerators;
``(xiv) representatives of State and local governments or
State and local economic development agencies;
``(xv) representatives of institutions of higher education,
including land-grant universities; and
``(xvi) such other heads of Federal agencies and non-
Federal partners as determined appropriate by the co-chairs
of the task force.''.
SEC. 12620. DRYLAND FARMING AGRICULTURAL SYSTEMS.
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)) is amended by adding at the end the following:
``(15) 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.''.
SEC. 12621. REMOTE SENSING TECHNOLOGIES.
The Chief of the Forest Service shall--
(1) continue to find efficiencies in the operations of the
forest inventory and analysis program under section 3(e) of
the Forest and Rangeland Renewable Resources Research Act of
1978 (16 U.S.C. 1642(e)) through the improved use and
integration of advanced remote sensing technologies to
provide estimates for State- and national-level inventories,
where appropriate; and
(2) partner with States and other interested stakeholders
to carry out the program described in paragraph (1).
SEC. 12622. BUY AMERICAN REQUIREMENTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary shall--
(1) fully enforce the Buy American provisions applicable to
domestic food assistance programs administered by the Food
and Nutrition Service; and
(2) submit to Congress a report on the actions the
Secretary has taken and plans to take to comply with
paragraph (1).
SEC. 12623. 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. 12624. 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--
[[Page S4638]]
``(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. 12625. 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).
SEC. 12626. RURAL BUSINESS INVESTMENT PROGRAM.
(a) Definitions.--Section 384A of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc) is amended--
(1) in paragraph (2)--
(A) in the paragraph heading, by striking ``venture''; and
(B) by striking ``venture''; and
(2) by striking paragraph (4) and inserting the following:
``(4) Equity capital.--The term `equity capital' means--
``(A) common or preferred stock or a similar instrument,
including subordinated debt with equity features; and
``(B) any other type of equity-like financing that might be
necessary to facilitate the purposes of this Act, excluding
financing such as senior debt or other types of financing
that competes with routine loanmaking of commercial
lenders.''.
(b) Purposes.--Section 384B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009cc-1) is amended--
(1) in paragraph (1), by striking ``venture''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``venture''; and
(B) in subparagraph (B), by striking ``venture''.
(c) Selection of Rural Business Investment Companies.--
Section 384D(b)(1) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc-3(b)(1)) is amended by
striking ``developmental venture'' and inserting
``developmental''.
(d) Fees.--Section 384G of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc-6) is amended--
(1) in subsections (a) and (b), by striking ``a fee that
does not exceed $500'' each place it appears and inserting
``such fees as the Secretary considers appropriate, so long
as those fees are proportionally equal for each rural
business investment company,''; and
(2) in subsection (c)(2)--
(A) in subparagraph (B), by striking ``solely to cover the
costs of licensing examinations'' and inserting ``as the
Secretary considers appropriate''; and
(B) by striking subparagraph (C) and inserting the
following:
``(C) shall be in such amounts as the Secretary considers
appropriate.''.
(e) Limitation on Rural Business Investment Companies
Controlled by Farm Credit System Institutions.--Section
384J(c) of the Consolidated Farm and Rural Development Act (7
U.S.C. 2009cc-9(c)) is amended by striking ``25'' and
inserting ``50''.
(f) Flexibility on Sources of Investment or Capital.--
Section 384J(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009cc-9(a)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking the subsection designation and heading and
all that follows through ``Except as'' in the matter
preceding subparagraph (A) (as so redesignated) and inserting
the following:
``(a) Investment.--
``(1) In general.--Except as''; and
(3) by adding at the end the following:
``(2) Limitation on requirements.--The Secretary may not
require that an entity described in paragraph (1) provide
investment or capital that is not required of other companies
eligible to apply to operate as a rural business investment
company under section 384D(a).''.
SEC. 12627. NATIONAL OILHEAT RESEARCH ALLIANCE.
(a) In General.--Section 713 of the National Oilheat
Research Alliance Act of 2000 (42 U.S.C. 6201 note; Public
Law 106-469) is repealed.
(b) Limitations on Obligations of Funds.--The National
Oilheat Research Alliance Act of 2000 (42 U.S.C. 6201 note;
Public Law 106-469) is amended by inserting after section 707
the following:
``SEC. 708. LIMITATIONS ON OBLIGATION OF FUNDS.
``(a) In General.--In each fiscal year of the covered
period, the Alliance may not obligate an amount greater than
the sum of--
``(1) 75 percent of the amount of assessments estimated to
be collected under section 707 in that fiscal year;
``(2) 75 percent of the amount of assessments actually
collected under section 707 in the most recent fiscal year
for which an audit report has been submitted under section
706(f)(2)(B) as of the beginning of the fiscal year for which
the amount that may be obligated is being determined, less
the estimate made pursuant to paragraph (1) for that most
recent fiscal year; and
``(3) amounts permitted in preceding fiscal years to be
obligated pursuant to this subsection that have not been
obligated.
``(b) Excess Amounts Deposited in Escrow Account.--
Assessments collected under section 707 in excess of the
amount permitted to be obligated under subsection (a) in a
fiscal year shall be deposited in an escrow account for the
duration of the covered period.
``(c) Treatment of Amounts in Escrow Account.--
``(1) In general.--During the covered period, the Alliance
may not obligate, expend, or borrow against amounts required
under subsection (b) to be deposited in the escrow account.
``(2) Interest.--Any interest earned on amounts described
in paragraph (1) shall be--
``(A) deposited in the escrow account; and
``(B) unavailable for obligation for the duration of the
covered period.
[[Page S4639]]
``(d) Release of Amounts in Escrow Account.--After the
expiration of the covered period, the Alliance may withdraw
and obligate in any fiscal year an amount in the escrow
account that does not exceed \1/5\ of the amount in the
escrow account on the last day of the covered period.
``(e) Special Rule for Estimates for Particular Fiscal
Years.--
``(1) Rule.--For purposes of subsection (a)(1), the amount
of assessments estimated to be collected under section 707 in
a fiscal year described in paragraph (2) shall be equal to 62
percent of the amount of assessments actually collected under
that section in the most recent fiscal year for which an
audit report has been submitted under section 706(f)(2)(B) as
of the beginning of the fiscal year for which the amount that
may be obligated is being determined.
``(2) Fiscal years described.--The fiscal years referred to
in paragraph (1) are the 9th and 10th fiscal years that begin
on or after the date of enactment of the Agriculture
Improvement Act of 2018.
``(f) Covered Period Defined.--In this section, the term
`covered period' means the period that begins on the date of
enactment of the Agriculture Improvement Act of 2018 and ends
on the last day of the 11th fiscal year that begins on or
after that date of enactment.''.
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